Township of Bethlehem, NJ
Hunterdon County
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Table of Contents
Table of Contents
A. 
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B. 
Accessory buildings and structures not to be constructed prior to principal building. No construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers, storage sheds or farm accessory buildings, prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the Construction Official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.
C. 
Distance between adjacent buildings and structures. The minimum distance between an accessory building or structure and any other building(s) or structure(s) on the same lot shall be as prescribed in Articles IV and VI, except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any dwelling.
D. 
Height of accessory buildings and structures. The height of accessory buildings shall be a maximum of 25 feet unless otherwise specified in Articles IV and VI, except that farm silos and barns for farm use associated with a farm shall have no height limitations.
E. 
Location. An accessory building or structure may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street and except, further, that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any property line.
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper drainage. The requirements of this section shall not be satisfied with the construction of dry wells except where there is not an adequate watercourse or drainage system within a reasonable distance of the subject property and where individual lot grade plans are provided.
A. 
The system shall include the natural drainage basin area and shall be adequate to carry off the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the lot or tract boundaries in their current state of development. The system shall be extended along the full length of any road improvement. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
B. 
Techniques for computing water runoff shall be as follows, and all submissions shall include drainage calculations and drainage area maps:
(1) 
Collection systems: the Rational Method.
(2) 
Detention systems. The routing procedure of computation shall be used, and the determination of the R factors shall be as contained in the American Society of Civil Engineers Manual No. 37, latest edition.
C. 
Bridges and culverts shall be designed for one-hundred-year storm minimum flow capacities.
D. 
All materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey Department of Transportation, and any supplements, addenda and modifications thereto unless otherwise specified by the reviewing municipal agency. Modifications or changes of these specifications may be requested by the applicant but may be implemented only with the knowledge and written consent of the Township Engineer after discussion with the reviewing municipal agency.
E. 
Pipe sizes shall be determined by acceptable drainage design procedures, provided that the pipe size in a surface water drainage system shall in no instance be less than 15 inches in diameter.
F. 
Drainage inlets shall be located at all intersections, with inlets on both sides of a street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions where there are no drainage inlets.
G. 
Lots shall be graded away from the building(s) at a minimum 2% grade in order to secure proper drainage. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow and water shall not flow across adjacent property lines at greater than predevelopment rates.
H. 
Detention or retention basins will be required to hold stormwater runoff such that discharge from the site will not exceed predevelopment rates. A waiver of this provision may be granted only when the applicant shows that the additional runoff resulting from the proposed development will be negligible. When detention or retention basins are required, the outlet from the detention facility must require that 90% of the runoff from one and 1 1/4 inches of rainfall, falling in two hours, be retained so that not over 90% will be evacuated prior to 36 hours. The following exceptions to this provision will be acceptable in any case:
(1) 
Retention will not be required to an extent which would reduce the outlet size to a diameter less than three inches.
(2) 
Dry basins serving residential projects may allow evacuation of 90% in 18 hours.
(3) 
In cases where runoff is from single-family housing and unimproved areas only and where the runoff enters detention basins after moving by sheet flow over at least 30 feet of lawn or leaf mulch areas, outlets shall be designed so that retention storage, when full, will be 90% evacuated over 12 hours.
I. 
Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Where required, each applicant shall make application to the State Division of Water Policy and Supply of the Department of Environmental Protection, the Hunterdon County Engineering Department and the Township Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, with a copy of each letter forwarded to the Township Engineer.
J. 
When required by the township and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the township where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Development Ordinance of Bethlehem Township."
A. 
All permitted fences shall not require a construction permit and shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All permitted fences shall be located two feet from the property lines in order to allow for maintenance. No fence shall be erected of barbed wire, topped with metal spikes nor constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms and except, further, that permitted fences in nonresidential districts may be topped by a barbed wire protective barrier and except, further, that requirements of state or federal regulations shall prevail.
[Amended 2-16-2017 by Ord. No. 436.2017]
B. 
On any lot in any district, no wall shall be erected or altered so that said wall shall be over four feet in height, and no fence shall be erected or altered so that said fence shall be over four feet in height in the front yard and eight feet in height in the side and rear yard, with the following provisions and exceptions, subject to county, state and federal regulations;
[Amended 2-16-2017 by Ord. No. 436.2017]
(1) 
A dog run may have fencing a maximum of eight feet in height, provided that such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV or VI.
(2) 
A private residential swimming pool area must be surrounded by a fence at least four feet but no more than six feet in height. Swimming pool areas shall be located in rear and side yards only. See § 102-32 for additional standards.
(3) 
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV or VI.
(4) 
Farm fences are permitted to be up to 10 feet in height and shall not require construction permits.
(5) 
Buffer areas shall meet the requirements specified in § 102-51B(3)(t).
(6) 
Off-street parking, loading and driveway access shall meet the requirements specified in § 102-25.
(7) 
Deer fencing with a finished installation height not to exceed 11 feet shall be exempt from the requirements herein. Deer fencing shall be defined as fencing designed for the purpose of repelling or preventing the travel or entry of deer, which fencing shall be only constructed of high-tensile woven wire or similar material deer netting, having a thickness of 14 gauge or thinner, and shall be staked and secured at ground level and shall not have caps, rails or cable at its top edge.
C. 
Sight triangle easements shall be required at intersections, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants and light standards. The "sight triangle" is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight point noted above with a sight point 90 feet on the intersecting street. (See the diagram at the end of this chapter). Such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Bethlehem Township."
[Added 2-7-1991 by Ord. No. 255-91; amended 12-19-2013 by Ord. No. 420.2013]
A home occupation, as defined in § 102-8, shall meet the following requirements:
A. 
The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(1) 
Permissible home occupations shall include, but are not limited to:
(a) 
Academic instructors such as music instructors or tutors;
(b) 
Licensed professionals such as accountants, architects, attorneys, engineers, licensed beauticians, real estate agents, or stockbrokers;
(c) 
Medical professionals such as dentists, occupational therapists, physicians, veterinarians, or physical therapists;
(d) 
Specialized services such as artisans, cabinetmakers, catalog sales, clothiers, craftsmen, insurance agents, interior designers, photographers, sign makers, or tailors, small appliance repair or computer services;
(e) 
Family day care as defined by N.J.S.A. 40:55D-66.5b.
(f) 
Special conditions for veterinary professionals. Veterinary professionals are permitted to keep animals on the premises overnight, provided animals are housed indoors and other requirements of this section are not violated.
(g) 
Special conditions for medical professionals. Medical professionals are not permitted to keep patients on the premises overnight.
(2) 
Any home occupation that shall constitute a threat to the public's health, safety and welfare, that engages in any illegal or illicit activity, has a negative environmental impact, or shall conflict with community standards, shall be prohibited. Prohibited home occupations shall include, but are not limited to:
(a) 
Animal-related activities, including animal hospitals, horse hacks, kennels, pet groomers, or commercial stables;
(b) 
Vehicle-related activities, including the detailing, restoration, storing, repairing, or servicing of automobiles, all-terrain vehicles (ATVs), motorcycles, engine repair, or the renting of motorized vehicles or space to use motorized vehicles such as but not limited to ATVs, dirt bikes, and motorcycles;
(c) 
Major home occupations that involve industrial activities, including manufacturing and construction;
(d) 
Equipment rental, junkyards, storage rental space, warehouses, or wholesale distribution;
(e) 
Other miscellaneous activities, including crematoriums, funeral homes, massage parlors, piercing parlors, restaurants, shooting ranges, or tattoo parlors.
(3) 
The following activities/operations shall not be classified as home occupations and shall not be subject to the licensing requirements or fees established in this section:
(a) 
Home-based offices as defined in § 102-8;
(b) 
Garage sales and yard sales;
(c) 
Home parties for the purpose of sale or distribution of products, provided that the total number of said parties does not exceed six in any calendar year;
(d) 
Organized meetings for social, charitable, religious, civic, political, community service, or fraternal clubs/organizations;
(e) 
Seasonal produce stands not exempted by § 81-1 et seq., commonly known as the "Bethlehem Township Right-to-Farm Ordinance," for the sale of locally grown fruits and vegetables.
B. 
All licensed home occupations shall be subject to inspections by the Zoning Officer to ensure that said home occupations are complying with the conditions set forth in this section.
C. 
No home occupation license shall be issued to any individual who does not own the property upon which the home occupation is sought to be established without said individual furnishing the expressed written consent of the owner of such property or without furnishing a notarized copy of any previous agreement between the owner and tenant permitting the operation of a home occupation on the premises.
D. 
No more than two occupations shall be permitted in a single residence; conditions in § 102-20G apply.
E. 
Excluding catalog-order businesses, no products produced off the premises at which the home occupation is located shall be permitted to be transported to the premises for the purposes of retail sale.
F. 
No home occupation that generates client traffic shall operate before 7:00 a.m. or after 10:00 p.m.
G. 
The home occupation may operate in the principal structure or one accessory structure, provided that:
(1) 
All home occupations in a single residence shall utilize no more than 25% or 750 square feet, whichever is less, of the gross floor area of the principal structure.
(2) 
The home occupation shall not utilize more than 300 square feet of floor area in an accessory building.
H. 
Employees. Except as specified in § 102-8 for minor home occupations, no home occupation shall be permitted to have more than one nonresident employee on the premises at any one time. Family day cares, and medical professionals such as, but not limited to, physicians, dentists, or veterinarians, engaging in a home occupation shall not be permitted to employ more than three nonresident employees on the premises at any one time.
I. 
The residential character of the lot and building shall not be changed.
(1) 
There shall be no auditory or olfactory evidence of the home occupation beyond levels reasonably expected of typical residential activity. At no time shall any home occupation cause any dust, glare, noise, odors, smoke, vibrations, or any similar nuisances that exceed levels generally found in a residential neighborhood.
(2) 
A home occupation shall never cause interference with electrical service, radio, television, telephone, satellite dish, or wireless internet reception.
(3) 
At no time shall any home occupation create any adverse effects for, or pose a threat to, the health, safety, or general welfare of the residents neighboring the premises or the residents who reside in the home in which the occupation operates.
J. 
Exterior visibility of home occupations. There shall not be any other exterior physical evidence of the home occupation visible from the street or any adjoining lot(s) except where otherwise provided in this section.
(1) 
Materials, equipment, or machinery associated with the home occupation shall not be visible from the street or any adjoining lot(s).
(a) 
Materials, equipment, or machinery that has both a conditional home occupation and principal dwelling use shall not be visible from the street or adjoining lot(s) when said items are not being utilized for the purposes of the principal use.
(2) 
There shall be no exterior storage or window displays of any products.
(3) 
No sign shall be permitted for any home occupation.
K. 
Vehicles and parking.
(1) 
Unless otherwise provided in this section, each home occupation shall provide two parking spaces if the occupation generates client/customer traffic. There shall be one parking space per nonresident employee.
(a) 
The home occupation shall not at any time generate the need for more automobiles than available parking spaces.
(b) 
All automobiles shall be parked off-street.
(2) 
Parking space needed for permanent residents living on the premises shall not be diminished.
(3) 
No vehicles with a NJDMV registered vehicle weight of more than 12,000 pounds shall be permitted to be used for a home occupation.
(4) 
There shall be no more than one commercial vehicle used for the home occupation on the premises at any one time.
(5) 
Commercial vehicles used for the home occupation shall not be visible from the street or any adjoining lot(s) when said vehicles are not in use.
(6) 
All vehicular traffic to and from the residential home business shall be limited in volume, type and frequency to that which is normally associated with other residential uses in the zone district.
L. 
Application for a major home occupation license. Any individual seeking to obtain an initial home occupation license shall submit a completed application to the Zoning Officer. The applicant shall furnish an administrative fee of $35 with said application in addition to all other applicable requirements set forth in this section. Upon receipt of said license application, the Zoning Officer shall have 10 calendar days to review the application and shall either approve the application or deny the application for cause. If the Zoning Official denies the application for a home occupation license, he or she shall explain, in writing, the reason(s) for such denial.
M. 
Appeals process. If the Zoning Officer denies the application for a home occupation license, said applicant may seek relief by means of an appeal of the Zoning Officer's denial as being in error or may seek to obtain a variance, pursuant to N.J.S.A. 40:55D-70d, from the Municipal Planning Board.
N. 
A license for a home occupation is not transferable from person to person or from address to address.
O. 
Annual licensing of home occupations. The initial license shall be valid until the 1st of May following the issuance of a license. All licenses shall be renewed annually by 3:30 p.m. on the 31st of May with the Municipal Clerk for a fee of $25.
(1) 
Home occupations that are not renewed by 3:30 p.m. on the 31st of May shall be nonrenewable. The former licensee must reapply for a home occupation license.
(2) 
Individuals engaging in home occupations who were issued permits prior to the adoption of this section shall be exempt from the initial licensing application and fee but shall be required to comply with the annual registration requirement. Such individuals shall furnish proof of their original permit to the Municipal Clerk prior to the issuance of a license by the Zoning Officer.
P. 
Violations and penalties.
(1) 
Any person found to be operating an unlicensed home occupation or violating any other provision in this section may be subject to the issuance of a summons. Said summons, unless otherwise provided in this section, shall carry a fine of $50 for each violation. Each day of noncompliance after notification shall constitute a separate violation.
(2) 
Any person found to be in violation of § 102-20I may be subject to the issuance of a summons. Said summons shall carry a fine of $1,000 for each violation. Each day of noncompliance after notification shall constitute a separate violation.
A. 
Streetlighting of a type supplied by the utility and of a type and number approved by the Township Engineer may be required at all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for streetlighting.
B. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights, focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandle at intersections and 0.3 footcandle elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height.
C. 
Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.
A. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot must front upon an approved street.
C. 
All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Planning Board, after adequate investigation and receipt of a written report by the Township Board of Health, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.
D. 
Concrete monuments shall be installed on both sides of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
A. 
Purpose. The purpose of this section is to provide regulations and guidelines that are designed to promote the health, safety, and welfare of the community by:
(1) 
Mitigating the environmental degradation often caused by land development;
(2) 
Improving water, soil, and air quality;
(3) 
Maintaining the unique rural and country atmosphere that prevails in the Township;
(4) 
Enhancing land use relationships;
(5) 
Creating a comfortable environment for pedestrians; and
(6) 
Providing aesthetically pleasing civic design.
B. 
Preservation of natural features. Natural features, such as trees, hilltops and ridge lines, scenic vistas, natural terrain, open waters and natural drainage courses, shall be preserved whenever possible in designing any development on lands containing such features.
C. 
General provisions and applicability. The following general provisions shall apply to landscape design and installation:
(1) 
Landscaping shall consist of trees, shrubs, ground cover, perennials, and annuals singly or in common as well as other inanimate materials such as rocks, water, sculpture, art, walls, fences, and paving materials.
(2) 
A landscaping plan shall be provided as part of site plan and subdivision submissions in accordance with §§ 102-50 and 102-51. The plan shall be prepared by a New Jersey certified landscape architect. The name, address, signature, certification number and seal of the certified landscape architect shall appear on the plan. The plan, drawn to scale on a topographic base, shall as a minimum include the following:
(a) 
Indicate areas of existing woodlands. Any tree six-inch caliper or greater within the limit of disturbance and extending 25 feet beyond the limit of disturbance shall be shown on the survey. Note on the plan the understory and overstory species present, range in caliper size, height and health.
(b) 
Methods to be used to ensure protection of existing trees and the critical root zone of existing trees during construction.
(c) 
Number and size of trees requiring removal and specific plans for replacement.
(d) 
Location, number, size, spacing and species of all new plantings.
(e) 
Proposed plant material drawn to scale at mature size. The scale used shall be sufficient to adequately show the overall concept. Existing and proposed contours shall be included on the landscape plan.
(3) 
Every applicant for subdivision or site plan approval shall comply with the minimum standards as set forth in this section. The requirements of the landscape plan set forth in Subsection C(2) above shall constitute the checklist for completeness required for development applications.
(4) 
Existing on-site vegetation shall be preserved to the greatest practicable extent. Further, unless specifically exempted or modified by the Board of Jurisdiction because of the presence of existing on-site vegetation, a minimum of 12 shade trees per acre shall be provided and installed for each lot in a residential subdivision. Such plantings shall be indicated on the landscape plan for the subdivision and shall be located where necessary for climate control, privacy, aesthetic or other legitimate site planning reasons. These trees shall be in addition to any required street trees or trees required for screening of off-site conditions.
(5) 
All landscape plants shall be typical in size and weight for their species and shall conform to the standards of the American Association of Nurserymen for quality and installation.
(6) 
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities and stormwater management facilities and should generally be no closer than 10 feet measured horizontally to such facilities.
(7) 
All plants shall be tolerant of specific site conditions. The use of indigenous species is strongly encouraged. Exotic, non-native invasive plant species shall not be permitted.
(8) 
Visual screening is required to buffer all trash enclosures, aboveground propane tanks and other similar structures as identified by either the Zoning Officer or the Board of Jurisdiction.
D. 
Landscape design guidelines.
(1) 
Landscaping shall be conceived holistically and be designed to enhance the natural characteristics of a site, complement the existing rural character of the Township, create a sense of place, reduce nonpoint source pollution runoff and facilitate stormwater management. These goals of landscaping are accomplished by maintaining and/or reestablishing the character and tone of the natural vegetation in the area; lessening the visual impact of buildings, structures and paved areas; providing for soil stabilization; and providing a diversity of plant communities.
(2) 
Landscaping shall achieve a thorough integration of the various elements of site design, including building and parking placement, the natural features of the site and the preservation of pleasing or aesthetic views. Landscaping shall be used to accent and complement the form and type of building proposed.
(3) 
Landscaping shall be located to provide effective climatic control. The east and west walls of a building should be the most heavily vegetated to shade for summer sun and the north to northwest area for winter prevailing winds. The southerly facing side of a building should be shaded from summer sun but open for solar gain during the winter.
(4) 
Plants' susceptibility to disease, their colors, textures, shapes, blossoms, and foliage characteristics shall be considered in the overall design of a landscape plan.
(5) 
Local soil conditions and water availability shall be considered in the choice of landscaping.
(6) 
In the design process, the eventual maturity of the plant shall be considered for its effect on circulation patterns, solar access, site lighting, drainage, emergency access, and relationship to buildings and the streetscape.
(7) 
In commercial developments, landscaping needs to have a mixture of evergreen and deciduous trees (planted throughout the depth of the buffer) for screening purposes all year.
(8) 
Species of trees and shrubs that are less prone to winter damage by deer should be selected.
(9) 
Species of trees and shrubs that are attractive to birds should be selected.
(10) 
Extensive lawn areas, which require watering and mowing and attract inappropriate wildlife (such as geese and deer), are discouraged.
E. 
Retention of existing vegetation.
(1) 
Existing on-site vegetation shall be retained to the greatest practicable extent. Furthermore, existing hedgerows, woodland stands and other vegetated corridors, including stream corridors, shall be retained and incorporated into the design.
(2) 
Movement of existing topsoil shall be minimized and shall not occur in open space and naturalized areas, and no topsoil shall be removed from the site.
(3) 
The removal of understory from woodlands, except for exotic invasive species, is prohibited.
F. 
Tree replacement.
(1) 
Unless exempted or modified by the Board of Jurisdiction due to existing vegetation, replacement of trees with a diameter at four feet above ground level (dbh) equal to or greater than three-inch caliper and less than thirty-six-inch caliper shall be as set forth below:
Caliper of Existing Trees Removed
Number of Replacement Trees
Between 3 and 6
1
Between 6 and 12
3
Between 12 and 18
4
Between 18 and 24
5
Between 24 and 30
7
Between 30 and 36
10
(2) 
Trees with a diameter greater than 36 inches may not be removed if determined to be sound and healthy by a New Jersey certified tree expert.
(3) 
Trees that are removed shall be replaced with a two-inch caliper tree of the same species. Exceptions shall be non-native invasive species which shall be replaced with two-inch caliper native trees that are indigenous to the site.
G. 
Street trees.
(1) 
Location.
(a) 
Street trees shall be installed on both sides of all streets in accordance with an approved landscape plan. Trees shall be spaced evenly along the street between the curb and sidewalk. Where the distance between the curb and sidewalk is less than five feet, sidewalks should be placed in a public access easement outside of the right-of-way to create a planting strip at least five feet wide to facilitate street tree growth. In commercial areas with wider sidewalks that extend to the curb, trees shall be placed in tree wells with root guard systems. Such tree wells shall have sufficient soil volume to support tree growth as follows:
Tree Size at Maturity
(height in feet)
Soil Volume
(cubic feet)
Large trees (45+)
200
Medium-sized trees (30 to 45)
150
Small trees (to 30)
100
(b) 
Areas under sidewalks may be used to meet the soil volume requirement, provided no more than 50% of the volume is located under such hard paving.
(2) 
Spacing.
(a) 
When trees are planted at predetermined intervals along streets, spacing shall depend on tree size.
Tree Size at Maturity
(height in feet)
Planting Interval
(feet)
Large trees (45+)
40
Medium-sized trees (30 to 45)
30
Small trees (to 30)
20
(b) 
Trees may be planted closer together in order to avoid interference with utilities, roadways, sidewalks, sight easements, and streetlights.
(3) 
Street tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be large deciduous trees except as needed to achieve special effects. Tree selection shall be approved by the Board in accordance with Tables 1, 2, and 3. Alternate selections may be approved at the discretion of the Board.
Table 1
Recommended Small Street Trees
Botanical Name
Common Name
Minimum Planting Size
Acer campestre
Hedge Maple
2 1/2 to 3-inch caliper
Amelanchier laevis
Allegheny Serviceberry
2 to 2 1/2-inch caliper
Amelanchier x hydrida 'Cumulus'
Shadblow 'Cumulus'
2 to 2 1/2-inch caliper
Acer buergeranum
Trident Maple
2 1/2 to 3-inch caliper
Crataegus phaenopyrum x. fastigiata
Washington Hawthorne
2 1/2 to 3-inch caliper
Crataegus viridis
Green Hawthorne
2 1/2 to 3-inch caliper
Magnolia x lobneri 'Merrill'
Merrill Magnolia
10 to 12 feet
Table 2
Recommended Medium Street Trees
Botanical Name
Common Name
Minimum Planting Size
(caliper in inches)
Acer rubrum1
Red Maple
2 1/2 to 3-inch2
Acer saccharum1
Sugar Maple
3 to 3 1/2-inch
Carpinus caroliniana
American Hornbeam
2 1/2 to 3-inch
Celtis bungeana
Bunge Hackberry
2 1/2 to 3-inch
Cladrastis lutea
Yellowwood
2 to 2 1/2-inch
Phellodendron amurense
Amur Corktree
2 1/2 to 3-inch
Pyrus calleryana
Pear
3 to 3 1/2-inch
Tilia cordata x. 'Whitehouse'
Whitehouse Linden
3 to 3 1/2-inch
NOTES:
1 Cultivated variety. A single cultivar should be selected for consistency in appearance on a street.
2 In commercial development, three to 3 1/2-inch caliper.
Table 3
Recommended Large Street Trees
(cultivated varieties)
Botanical Name
Common Name
Minimum Planting Size
(caliper in inches)
Acer rubrum1
Red Maple
3 to 3 1/2-inch
Celtis occidentalis 'Magnifica'
Hackberry
3 to 3 1/2-inch
Ginkgo biloba (male only)
Ginkgo
3 to 3 1/2-inch
Fraxinus americana 'Autumn Purple'
Autumn Purple Ash
3 to 3 1/2-inch
Fraxinus pennsylvanicum 'Patmore'
Patmore Green Ash
3 to 3 1/2-inch
Nyssa sylvatica
Black Tupelo
3 to 3 1/2-inch
Platanus occidentalis
Sycamore
3 to 3 1/2-inch
Quercus coccinea
Scarlet Oak
3 to 3 1/2-inch
Quercus marcocarpa
Bur Oak
3 to 3 1/2-inch
Quercus palustris 'Green Pillar'2
Green Pillar Oak
3 to 3 1/2-inch
Quercus phellos
Willow Oak
3 to 3 1/2-inch
Quercus borealis
Northern Red Oak
3 to 3 1/2-inch
Tilia Americana 'Legend'1
Legend American Linden
3 to 3 1/2-inch
Ulmus parvifolia3
Chinese Elm
3 to 3 1/2-inch
Zelkova serrata1, 3
Japanese Zelkova
3 to 3 1/2-inch
NOTES:
1 Cultivated variety. A single cultivar should be selected for consistency in appearance on a street.
2 Remove lower branches.
3 Non-native. Use only in limited quantities.
(4) 
Planting specifications. All trees shall have a minimum caliper as noted in the appropriate table in this section unless otherwise exempted. Street trees shall be substantially uniform in size and shape, and have straight trunks. Trees shall be properly planted and staked in accordance with the Bethlehem Township Engineering Standards. Provision shall be made by the developer for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the developer during the next suitable planting season.
H. 
Additional recommended trees. Any of the trees noted in Tables 1, 2, and 3 may be used in the design of landscapes as well as their use as street trees. The following trees are recommended for site development purposes:
Table 4
Additional Recommended Trees
Botanical Name
Common Name
Minimum Planting Size
Acer palmatum
Japanese Maple
6 to 7 feet
Acer saccharum
Sugar Maple
3 to 3 1/2-inch caliper
Betula pendula
Weeping Birch
12 to 14 feet
Cedrus atlantica glauca
Blue Atlas Cedar
6 to 8 feet
Cercidiphyllum japonicum
Katsura-tree
3 to 3 1/2-inch caliper
Cercis Canadensis
Eastern Redbud
6 to 8 feet
Chionanthus virginicus
White Fringetree
5 to 6 feet
Cornus kousa
Chinese Dogwood
2 to 2 1/2-inch
Cryptomeria japonica
Cryptomeria
5 to 6 feet
Fagus grandifolia
American Beech
3 to 3 1/2-inch caliper
Fagus sylvatica 'cuprea'
Copper Beech
3 to 3 1/2-inch caliper
Gleditsia triacanthos inermis
Thornless Honeylocust
3 to 3 1/2-inch caliper
Juniperus virginiana
Red Cedar
5 to 6 feet
Liquidambar styraciflua
Sweetgum
3 to 3 1/2-inch caliper
Liriodendron tulipfera
Tuliptree
3 to 3 1/2-inch caliper
Oxydendrum arboreum
Sourwood
6 to 8 feet
Picea abies (excelsa)
Norway Spruce
7 to 8 feet
Pinus strobes
White Pine
7 to 8 feet
Pinus thunbergiana
Japanese Black Pine
5 to 6 feet
Pinus virginiana
Virginia Pine
5 to 6 feet
Populus balsamifera
Balsam Popular
2 1/2 to 3-inch caliper
Prunus cerasifera
Flowering Plum
2 1/2 to 3-inch caliper
Prunus serrulata
White Cherry
2 1/2 to 3-inch caliper
Pseudotsuga menziesii
Douglas Fir
5 to 6 feet
Quercus acutissima
Sawtooth Oak
3 to 3 1/2-inch caliper
Quercus palustris
Pin Oak
3 to 3 1/2-inch caliper
Sassafras albidum
Sassafras
5 to 6 feet
Tilia cordata1
Linden
3 to 3 1/2-inch caliper
Tilia tomentosa1
Silver Linden
3 to 3 1/2-inch caliper
Tsuga Canadensis
Canadian Hemlock
7 to 8 feet
Ulmus Americana 'Delaware'2
American Elm, 'Delaware'
3 to 3 1/2-inch caliper
NOTES:
1 Cultivated variety. A single cultivar should be selected for consistency in appearance on a street.
2 Use only if resistant to Dutch Elm Disease.
I. 
Fall planting hazard. Certain trees have been identified as having a high degree of transplantation failure if planted during the fall season. These should be noted on landscape plans as spring planting season only. The fall planting hazard trees include the following genus and in some cases particular species:
Betula
Pyrus
Carpinus palustris
Quercus, excluding Q.
Crataegus
Salix babylonica
Ilex opaca
Tilia tomentosa
Liquidambar styraciflua
Zelkova
Liriodendron tulipifera
J. 
Recommended shrubs. The following shrubs are recommended for use in the Township, but are not mandatory. Other species may be included in a plan.
Table 5
Recommended Shrubs
Botanical Name
Common Name
Minimum Planting Size
Abelia grandiflora
Glossy Abelia
18 to 24 inches
Aronia arbtutifolia brilliantissima
Red Chokeberry
2 to 3 feet
Azalea delaware valley
Delaware Valley Azalea
18 to 24 inches
Azalea exbury
Exbury Azalea
18 to 24 inches
Azalea hino-crimson
Hino-Crimson Azalea
18 to 24 inches
Clethra alnifloia
Summersweet
15 to 18 inches
Cornus alba sibirica
Siberian Dogwood
3 to 4 feet
Cornus stolonifera lutea
Yellowtwig
3 to 4 feet
Cotoneaster apiculata
Cranberry Cotoneaster
12 to 18 inches
Cotoneaster salicifolia repens
Park Carpet Cotoneaster
12 to 18 inches
Deutzia gracilis
Slender Deutzia
18 to 24 inches
Euonymous fortunei vegetus
Bigleaf Wintercreeper
18 to 24 inches
Fothergilla gardenii
Dwarf Fothergilla
12 to 18 inches
Fothergilla major
Large Fothergilla
12 to 18 inches
Hamamelis virginiana
Witchhazel
4 to 5 feet
Ilex crenata hellerei
Dwarf Japanese Holly
18 to 24 inches
Ilex glabra
Inkbeny
18 to 24 inches
Ilex glabra compacta
Compact Inkberry
18 to 24 inches
Juniperus chinensis glauca hetzi
Hetz Juniper
2 1/2 to 3 feet
Juniperus chinensis pfitzeriana compacta
Compact Pfitzer Juniper
18 to 24 inches
Juniperus chinensis torulosa
Torulosa Juniper
4 to 5 feet
Juniperus horizontalis "Bar Harbor"
Bar Harbor Juniper
18 to 24 inches
Juniperus horizontalis wiltoni
Blue Rug Juniper
18 to 24 inches
Juniperus sargenti
Sargent Juniper
15 to 18 inches
Kalmia latiflora
Mountain Laurel
15 to 18 inches
Leucothoe axillaris
Coast Leucothoe
18 to 24 inches
Magnolia soulangiana
Saucer Magnolia
8 to 10 feet
Magnolia stellata
Star Magnolia
6 to 8 feet
Magnolia virginiana
Sweetbay Magnolia
6 to 8 feet
Philadelphus virginalis
Virginal Mockorange
2 to 3 feet
Picea excelsa nidiformis
Birdnest Spruce
#1 can
Pieris japonica
Japanese Andromeda
15 to 8 inches
Pinus montana mughus
Mugho Pine
18 to 24 inches
Potentilla fruticosa
Bush Cinquefoil
12 to 18 inches
Pyracantha fiery cascade
Fiery Cascade Firethorn
18 to 24 inches
Rhododendron catawbienese
Catawba Rhododendron
2 to 3 feet
Rhododendron maximum roseum
Rosebay Rhododendron
2 to 3 feet
Spirea vanhouttei
Vanhoutte Spirea
3 to 4 feet
Spirea bumalda 'Anthony Waterer'
Anthony Waterer Spirea
18 to 24 inches
Spirea nipponica 'Snowmound'
Snowmound Spirea
18 to 24 inches
Syringa vulgaris
Common Purple Lilac
5 to 6 feet
Taxus baccata repandens
English Yew
18 to 24 inches
Taxus cuspidata densiformis
Dense Yew
3 1/2 to four feet
Taxus media hicksi
Hicks Yew
18 to 24 inches
Thuja occidentalis nigra
Dark American Arborvitae
5 to 6 feet
Viburnum burkwoodi
Burkwood Viburnum
18 to 24 inches
Viburnum dentatum
Arrowwood
2 to 3 feet
Viburnum rhytidophyllum
Leatherleaf Viburnum
5 to 6 feet
Viburnum tomentosum
Doublefile Viburnum
5 to 6 feet
K. 
Recommended plants for wet conditions. The following plants are recommended for wetlands, floodplains, and stormwater management facilities:
Table 6
Trees and Shrubs Recommended for Wet Conditions
Botanical Name
Common Name
Minimum Planting Size
Acer negundo
Boxelder
2 to 2 1/2-inch caliper
Acer rubrum
Red Maple
3 to 3 1/2-inch
Acer saccharinum
Silver Maple
3 to 3 1/2-inch
Alnus serrulata
Smooth Alder
2 to 2 1/2-inch
Amelanchier alleghiensis
Allegheny Serviceberry
2 1/2 to 3-inch
Amelanchier canadensis
Shadblow (Downy Serviceberry)
2 1/2 to 3-inch
Aronia arbutifolia
Red Chokeberry
2 to 3 feet
Aronia melanocarpa
Black Chokeberry
2 to 3 feet
Betula nigra
River Birch
10 to 12 feet
Betula populifolia
Gray Birch
10 to 12 feet
Celphalanthus occidentalis
Buttonbush
2 to 3 feet
Clethra alnifolia
Summersweet
18 to 24 inches
Cornus amomum
Silky Dogwood
3 to 4 feet
Cornus sericea
Red Osier Dogwood
3 to 4 feet
Ilex glabra
Inkberry Holly
18 to 24 inches
Ilex verticillata
Winterberry Holly
18 to 24 inches
Itea virginica
Virginia Sweetspire
12 to 15 inches
Lindera benzoin
Spicebush Sweetspire
18 to 24 inches
Liquidambar styraciflora
Sweetgum
3 to 3 1/2-inch
Magnolia virgineana
Sweetbay Magnolia
6 to 8 feet
Nyssa sylvatica
Black Gum
2 to 2 1/2-inch
Quercus bicolor
Swamp White Oak
2 1/2 to 3-inch
Quercus palustris
Pin Oak
3 to 3 1/2-inch
Salix discolor
Pussy Willow
3 to 4 feet
Salix babylonica
Weeping Willow
3 to 3 1/2-inch
Salix nigra
Black Willow
2 to 2 1/2-inch
Sambucus canadensis
Elderberry
2 to 3 feet
Vaccinium corymbosium
Highbush Blueberry
2 to 3 feet
Viburnum dentatum
Arrowwood Viburnum
2 to 3 feet
Vaccinium corymbosium
Highbush Blueberry
2 to 3 feet
Viburnum dentatum
Arrowwood Viburnum
2 to 3 feet
L. 
Buffers. Landscaping buffers are areas required to minimize and visually screen any incompatible uses, adverse impacts, or nuisances on a site or from any adjacent area.
(1) 
General requirements.
(a) 
Landscape buffers shall consist of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, fences or walls in sufficient quantities and sizes to perform their necessary screening function.
(b) 
Buffers may be installed in required yard areas except for reverse frontage buffers where they shall be in addition to the required yard area.
(c) 
Buffers shall be continuous except for access drives as approved by the Board. Stormwater management facilities, parking, dumpster enclosures, accessory building or aboveground structures, and similar encroachments shall not be permitted in the required buffer area.
(d) 
The minimum width of a landscape buffer shall be dependent on the proposed use of a property and the land uses adjacent to it in accordance with Table 7.
(e) 
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced by the owner within one-year or one growing season.
(2) 
Plant densities and structure requirements. The density of plantings and the requirements for structures shall vary with the width of the buffer in accordance with the following and Table 8:
(a) 
Any buffer 15 feet or less in width shall incorporate a fence or wall into the landscape design. The fence or wall shall be located on the side of the buffer with the most intensive use.
(b) 
Fences and walls may be used to reduce the required width of and number of plants in the buffer in accordance with Table 9.
Table 7
Required Minimum Buffer Widths
Adjacent Land Uses (feet)
Proposed Land Use
Agri-
cul-
ture
Resi-
den-
tial Type A(1)
Resi
den-
tial Type B(2)
Re-
tail
Pro-
fes-
sion-
al office
Other office
In-
stitu-
tional/ Quasi-public
Agriculture
None
100 ft.
100 ft.
50 ft.
50 ft.
50 ft.
50 ft.
Residential
100
None
25 ft.
40 ft.
25 ft.
50 ft.
50 ft.
Type A1
Residential TypeB2
100
50 ft.
None
25 ft.
25 ft.
50 ft.
50 ft.
Retail: Neighbor-
hood Commercial
N/A
20 ft.
20 ft.
None
15 ft.
None
None
Other retail
50 ft.
40 ft.
40 ft.
None
15 ft.
25 ft.
None
Professional office
50 ft.
25 ft.
25 ft.
15 ft.
None
None
None
Other office
50 ft.
50 ft.
50 ft.
25ft.
None
None
None
Institu-
tional/ Quasi-public
50 ft.
50 ft.
50 ft.
None
None
None
None
Industrial
50 ft.
100 ft.
100 ft.
25 ft.
25 ft.
25 ft.
25 ft.
NOTES:
1 Residential Type A equals single-family detached, duplex and semidetached dwellings.
2 Residential Type B equals all other dwellings except those in institutional settings, i.e., residential health-care facilities, skilled nursing facilities and assisted living facilities. The institutional category shall apply to these exceptions.
Table 8
Minimum Plant Density for Buffers
Minimum Number of Required Plant Types per
100 Lineal Feet
Required Buffer Width
(feet)
Large or Medium Trees
Small or Ornamental Trees
Evergreens and Conifers
Shrubs
151
3
4
9
20
20
4
6
10
24
25
5
8
15
30
40
6
9
18
36
50
8
12
24
48
1002
10
15
30
60
NOTES:
1 Buffers of this width or less shall incorporate an opaque fence or wall.
2 Twenty thorny understory, 38 thorny shrubs, 34 hedgerow shrubs and six large trees per 100 lineal feet may substitute for an agricultural buffer.
Table 9
Allowable Reductions in Buffer Widths
and Plant Densities
Required Buffer Width
(feet)
Reduced Buffer Width With Fence1 or Wall
(feet)
Allowed Reduction in Number of Plants Required in Table 7 with Fence or Wall2
15
None
None
20
15
20%
25
20
20%
40
30
25%
50
40
25%
100
75
None
NOTES:
1 Fence or wall shall be opaque and sufficient to visually obstruct the view of persons at ground level.
2 Allowed reduction shall be evenly distributed over all required plant types.
(3) 
Existing vegetation may substitute for all or part of the required buffer plantings and may be accepted in lieu of new plantings at the discretion of the Board.
(4) 
Reverse frontage buffer for residential uses. Reverse frontage screening shall be required where residential units or lots back onto any arterial or major collector street. The following landscape treatments shall be provided in order to screen private residential spaces from the roadway:
(a) 
A landscape buffer of 25 feet in width shall be provided in accordance with Table 8.
(b) 
The preservation of existing trees is required except where their removal is determined by the Board to be necessary for the improvement of the property. Where existing understory screening does not block at least 60% of the view from the street, supplemental shade-tolerant plantings of shrubs, evergreen and ornamental trees shall be installed to complete screening of residences. Sidewalks, if planned, shall be designed to avoid mature plantings even if a public access easement is necessary.
M. 
Cul-de-sacs. Where a homeowners' or condominium association is established or intended to be established for the maintenance of common open space or storm water management basins, vegetated islands in the center of cul-de-sacs should be proposed that exhibit the following criteria:
(1) 
All plant material shall be designed for a mature height under 30 inches (2.5 feet) or above seven feet in order to allow for proper visibility.
(2) 
All plants shall be tolerant of drought, salt and reflected heat from pavement.
(3) 
Ground cover plantings shall be consistent with the degree of maintenance expected for the cul-de-sacs and of sufficient density to entirely cover the ground surface.
N. 
Stormwater facilities. Stormwater management areas, including retention and detention basins, drainage ditches and swales, and wetland areas shall be landscaped in accordance with the standards in this subsection. The screening of outfall structures and emergency spillways from public view is of particular importance in the landscape design. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function. Detention and retention basins should be located in cleared areas where reasonably feasible.
(1) 
Stormwater detention facility landscaping.
(a) 
Interior tree planting.
[1] 
Basins designed as naturalized wetland areas shall be planted with a quantity of trees equal to the number necessary to cover the entire area of the basin to the emergency spillway elevation at a rate of one tree per 400 square feet. Notwithstanding the minimum planting size as otherwise required in this section, of this number 10% shall be two- to 2 1/2-inch caliper, 20% shall be one-and-five-tenths-inch to two-inch caliper, and 70% shall be six-to-eight-foot height whips. The trees shall be planted in groves and spaced five feet to 15 feet on-center.
[2] 
The perimeter area (slopes above the high water line) shall include shade trees at a rate of 6/100 lineal feet, evergreen trees at a rate of 3/100 lineal feet and sufficient ornamental trees and shrubs to screen drainage structures and create visual interest. Trees should be grouped in concert with the grouping of trees in the interior of the basin.
[3] 
Basins designed to function as dry basins shall be planted with trees in areas of the interior of the basin where there will not be interference with the maintenance of the basin and low-flow channel as determined by the Township Engineer.
(b) 
The ground should be seeded with a wildflower or wet meadow grass mix but in certain circumstances may require sod or hydroseeding to stabilize the basin slopes.
(c) 
Planting other than wildflowers and grasses shall not be located within 10 feet of low-flow channels to facilitate drainage.
(d) 
All plants shall be tolerant of typical floodplain and wetland conditions. See Table 6 for recommended wet condition plants.
(e) 
Where basins are required to be located in existing wooded areas because of existing topological constraints, islands of existing vegetation should be retained. If the existing vegetation is retained, the new plantings requirement shall be correspondingly reduced.
(f) 
Provisions for emergency access as well as general maintenance of the basins shall be reviewed by the Board of Jurisdiction. Plantings shall be designed to disguise yet not hinder vehicular access.
(g) 
Planting shall not be permitted upon any berm associated with a detention basin unless approved by the Township Engineer.
(2) 
Stormwater retention facility landscaping.
(a) 
The planting of the perimeter of the water's edge shall accentuate views of the water and to the extent feasible integrate pedestrian paths, sitting areas, and other passive recreational uses. Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effect. A continuous landscape area shall be provided.
(b) 
The water's edge shall be stabilized by methods which may include rip-rap, stone walls, natural plantings, decking and bulkheads. In order to maintain water quality, the design of retention facilities should incorporate plantings to the water's edge in appropriate areas where no mowing would be permitted.
(c) 
If retention facilities are used as a recreational amenity, pedestrian access to the water shall be controlled.
(3) 
All basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading, and planting.
O. 
Open space landscaping.[1] Common or public open space provided as a part of any cluster development shall be landscaped in one of the following ways, depending upon the intent of the use for the open space.
(1) 
Conservation use. Conservation areas are appropriate in areas adjacent to and inclusive of natural features to be preserved, including wooded areas, water bodies, streams, wetlands, and steep slopes. The following conservation use design guidelines shall apply:
(a) 
Natural features shall be encompassed in open space areas rather than moved or eliminated in the development process.
(b) 
Cleared areas shall be revegetated to a naturalistic appearance where appropriate.
(c) 
Revegetated areas may be seeded with a wildflower and/or meadow grass mix.
(2) 
Recreational open space. The following landscape standards shall apply for recreational uses:
(a) 
Grading and plantings of the recreation area shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views and ornamental trees and shrub masses for visual variety, interest and detail.
(b) 
Plants provided.
[1] 
In general, plants shall be provided at the following rates:
Type of Plant
Number Per Acre
Shade trees
15
Evergreen trees
5
Flowering shrubs
3
Shrubs
20
[2] 
These quantities are exclusive of plants that may be required for landscape buffers pursuant to § 102-23K.
(c) 
Adjacent dwelling units shall be buffered from active play areas.
(d) 
In the area where a recreation facility fronts onto a public or private street, fencing may be required to provide controlled access. The adjacent street tree planting shall be continued along this area, and any reverse frontage buffer planting shall be integrated with open space plantings.
[1]
Editor's Note: See also § 102-13.1D(11) and (14) pertaining to residential cluster common areas and open space.
P. 
Parking and loading area landscaping. The objectives of the landscape architectural treatment of all parking areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for screening from public rights-of-way and buildings, to reduce the overall visual impact of parking lots, and to provide shade and reduce heat island effects. All nonresidential parking lots and residential parking lots in excess of five spaces shall conform to the following requirements:
(1) 
The minimum width of landscape islands shall be eight feet on the side of parking spaces and 10 feet between parking bays. If sidewalks are incorporated through the long axis of the landscape islands, their width shall be added to these requirements. Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals through the short axis.
(2) 
Landscape islands shall be planted with a combination of deciduous trees, evergreen and deciduous shrubs, and ground cover at the rate of six large or medium trees, four small or ornamental trees and 60 shrubs per 100 lineal feet along the long axis of the island. Trees required to be replaced from site clearing pursuant to § 102-23E may be placed in such landscape islands.
(3) 
Parking and loading areas shall be screened by a combination of berms, hedges, fences, or walls. The minimum screening height at planting shall be three feet and shall have a height of at least four feet within three years of installation. Loading dock areas shall be screened with a minimum height of eight feet at planting and shall achieve a height of at least 12 feet five years after installation. Land use mitigation buffers pursuant to § 102-23K may be used to meet these requirements.
(4) 
Parking lot lighting should be sited within landscape islands, however, without hindering necessary lighting coverage. See also § 102-21 for lighting requirements.
(5) 
No more than 20 parking spaces shall be placed in one row of parking without an intervening landscape island.
Q. 
Historic resources landscaping. The objectives of landscape architectural treatment of sites inclusive of historic resources and natural amenities shall be to preserve and enhance such amenities for present and future Bethlehem residents. Historic resources and natural amenities may be areas of unique landscape character. This may include, but is not limited to, bodies of water, streams, wetlands, windbreaks, groves of trees, hedgerows, orchards, unique vistas, historic structures and landmarks.
R. 
Site protection and general planting requirements.
(1) 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(2) 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with New Jersey Department of Environmental Protection regulations. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas, provided they have been properly composted.
(3) 
Protection of existing plantings. Maximum effort should be made to save specimen plants. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. See Bethlehem Township Engineering Standards for details on tree wells and tree protection.
(4) 
Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than 3:1 shall be planted with ground cover appropriate for the purpose and soil conditions, water availability, and the environment. Such slopes must be protected from erosion until the landscaping has matured sufficient to perform this function as determined by the Township Engineer.
S. 
Planting details. Planting details shall be as required in the Bethlehem Township Engineering Standards.
A. 
Lots.
(1) 
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(2) 
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:
(a) 
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.
(b) 
The total permitted building coverage is not exceeded.
(c) 
The accessory building and/or addition do not violate any other requirements of this chapter, such as but not limited to height, setbacks and parking.
B. 
Structures and uses.
(1) 
Any preexisting nonconforming authorized use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be repaired in the event of partial destruction thereof, provided that no more than 50% of said structure is destroyed.
(2) 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
A. 
Landscaping See § 102-23P regarding standards for parking and loading area landscaping.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
B. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 102-21.
C. 
Paving and curbing.
(1) 
All parking and loading areas and access drives shall be paved as provided below, except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking, provided that:
(a) 
The submitted plan shall include all the parking spaces required by this chapter and shall include those spaces to be paved and those requested not to be paved;
(b) 
All parking areas not to be paved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary;
(c) 
The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and drainage areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date; and
(d) 
The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.
(2) 
All paved parking and loading areas and access drives shall be paved as outlined below unless otherwise specified by the appropriate municipal agency and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(a) 
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous, stabilized base course, constructed in layers of not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey State Highway Department of Transportation, and any supplements, addenda and modifications thereto. A minimum two-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey Highway Department specifications and amendments thereto.
(b) 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway specifications and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey Department specifications and amendments thereto.
(c) 
Where subgrade conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the Township Engineer. Where required by the Township Engineer, a system of pourous concrete pipe subsurface drains or an alternate solution approved by the township shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described hereinabove, shall be spread thereon.
(3) 
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
(4) 
Parking spaces shall be nine feet wide by 20 feet long unless the Planning Board, for good reasons offered by the applicant, permits smaller spaces.
D. 
Access. The center lines of any separate access points shall be spaced at least 65 feet apart, shall handle no more than two lanes of traffic, shall be at least 20 feet from any property lines and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway, and the curbing may be rounded at the corners.
E. 
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas.
F. 
Type of facility.
(1) 
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(2) 
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the following minimum dimensions:
Angle of Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
22
24
60°
18
20
45°
15
20
30°
12
18
Parallel
12
18
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
[1]
Editor's Note: See also Ch. 76, Driveways.
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection.
A. 
Electrical and/or electronic devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation," and the BOCA Basic Building Code as adopted by the State of New Jersey.
B. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection.
D. 
Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
E. 
Odor. Odors shall not be discernible at the lot line or beyond.
F. 
Storage and waste disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transfered off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards.
G. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 15 feet.
H. 
Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.
I. 
Toxic and radioactive substances. There shall be no toxic or radioactive substances associated with any use.
[Amended 2-2-1989 by Ord. No. 202-19-89]
Unless otherwise specified in this chapter, no more than one principal building or use shall be permitted on one lot.
A. 
All public services shall be connected to an approved public utilities system, where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension of service are needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
(1) 
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.
(2) 
Prior to the preconstruction meeting proceeding the commencement of construction, the developer shall furnish the administrative officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Township, indicating agreement with the proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Township Attorney prior to the commencement of construction.
(3) 
The developer shall provide the Township with four copies of a final as-built plan showing the installed location of the facilities.
B. 
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Bethlehem Township."
A. 
Where a public wastewater treatment plant and collection system is accessible, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with New Jersey Department of Environmental Protection permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.
B. 
Where, in the written opinion of the County Board of Health to the Planning Board or the Zoning Board of Adjustment, as the case may be, the soil characteristics of the subject land are of such quality to permit the use of subsurface sewage disposal systems as a means of sewage disposal, the same may be approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, in the absence of accessibility to a public wastewater treatment plant or the construction of such treatment facilities by the developer. The written opinion of the County Board of Health shall include a certification by a licensed engineer that the proposed sewerage facilities for the proposed realty improvements are in compliance with state and local ordinances.
[Amended 8-16-2018 by Ord. No. 457.2018]
C. 
All new individual subsurface sewage disposal systems shall be located within the building envelope of the lot to be served by the system and must be shown on a site plan. In addition, an alternate site for any new individual subsurface sewage disposal system must be shown on a site plan.
[Added 11-7-2002 by Ord. No. 255-34-2002; amended 10-1-2009 by Ord. No. 255.54.2009]
D. 
An individual subsurface sewage disposal system replacing a failed existing system may be located outside the building envelope only if it is not possible to locate said replacement system within the building envelope and provided that it meets county and state regulations for subsurface sewage disposal systems as determined by the County Board of Health. The Board Engineer to the Planning Board or the Zoning Board of Adjustment, as the case may be, shall review an application to replace a failed existing system to the outside building envelope and shall provide a recommendation to a subcommittee of said Planning Board or Zoning Board. If the Planning Board or Zoning Board, as the case may be, finds that it is not possible to locate a replacement system within a building envelope and provided that said system meets county and state regulations, the Planning Board or Zoning Board may approve a replacement system to be located outside the building envelope. The Board Engineering review fee shall be $200 for each application.
[Added 10-1-2009 by Ord. No. 255.54.2009; amended 8-16-2018 by Ord. No. 457.2018]
[Amended 2-7-1991 by Ord. No. 255-91; 5-1-2008 by Ord. No. 255-50-2008]
A. 
Short title. This section shall be known as the "Sign Regulations of the Township of Bethlehem, Hunterdon County, New Jersey."
B. 
Preamble.
[Added 10-6-2011 by Ord. No. 255.50.2011[1]]
(1) 
The Township Committee of the Township of Bethlehem in Hunterdon County finds and determines that the Township's Land Use and Development Code (hereinafter "Land Use Code") and its signage regulations were intended to maintain and improve the quality of life for all citizens of the Township;
(2) 
The Township Committee wishes to ensure that the Township's Land Use Code as it relates to signs is in compliance with all constitutional and other legal requirements;
(3) 
The Township Committee wishes to prohibit certain sign types, including commercial billboards;
(4) 
The Township Committee finds that certain types of signs, particularly large signs, create a safety hazard by distracting motorists, pedestrians, and others;
(5) 
The Township Committee wishes to protect the safety of motorists, pedestrians, and others from distraction caused by signs;
(6) 
The Township Committee finds that some signs, particularly large signs, detract from the aesthetic beauty of the landscape;
(7) 
The Township Committee wishes to preserve the aesthetic and natural beauty of the Township;
(8) 
The regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare;
(9) 
As far back as 1954, the United States Supreme Court recognized that "the concept of the public welfare is broad and inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as monetary," and that it is within the power of the legislature "to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
(10) 
The regulation of signage for purposes of aesthetics directly serves the policy of this state;
(11) 
The Township Committee finds and determines that the Township has adopted a Land Use Code in order to implement the Bethlehem Township Master Plan (hereinafter "Master Plan"), and comply with the requirements in the Municipal Land Use Law, including the regulation of sign structures in conjunction with the development of land;
(12) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[2] the Township of Bethlehem's Land Use Code regulates land development so as to guide the appropriate use and development of land within the Township and in a manner which will promote and protect the public health, safety, morals and general welfare per § 102-3 of the Land Use Code;
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(13) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[3] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of open space and valuable natural resources per § 102-3 of the Land Use Code;
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(14) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[4] the Township of Bethlehem's Land Use Code regulates land development so as to promote a desirable visual environment through creative development techniques and good civic design and arrangements per § 102-3 of the Land Use Code;
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(15) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[5] the Township of Bethlehem's Land Use Code regulates land development as to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which would result in congestion or blight, per § 102-3 of the Land Use Code;
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(16) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[6] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of open space, per § 102-3 of the Land Use Code;
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(17) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[7] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of open space and valuable natural resources, and to prevent urban sprawl and degradation of the environment through improper use of land per § 102-3 of the Land Use Code;
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(18) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[8] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of energy through the use of planning practices designed to reduce energy consumption, and to provide for maximum utilization of renewable energy sources per § 102-3 of the Land Use Code;
[8]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(19) 
Consistent with New Jersey's Municipal Land Use Law P.L. 1975, c. 291,[9] the Township of Bethlehem's Land Use Code regulates land development so as to encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land per § 102-3 of the Land Use Code;
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(20) 
In order to carry out the purposes of New Jersey's Municipal Land Use Law and the purposes of the Township's Land Use Code, the Township Committee finds and determines that the Township's Land Use Code is required to regulate signage, including designating prohibited sign types that are inconsistent with one or more of the purposes of the Land Use Code, and to prescribe the height, size (area), setback, spacing, location, and number of other sign types that are not inconsistent with the Land Use Code provided that they conform to appropriate dimensional and other content-neutral criteria for their placement on land within the Township, taking into account the nature of the land use and the function served by the sign type;
(21) 
The Township Committee finds and determines that the Township has allowed noncommercial speech to appear wherever commercial speech appears; and the Township Committee desires to codify that practice through the specific inclusion of a substitution clause that expressly allows noncommercial messages to be substituted for commercial messages;
(22) 
The Township Committee finds and determines that aesthetics is a valid basis for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952); Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); United Advertising Corp. v. Borough of Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970); Westfield Motor Sales Co. v. Town of Westfield, 129 N.J.Super. 528, 324 A.2d 113 (N.J. Super. Ct. Law Div. 1974)];
(23) 
The Township Committee finds and determines that the size, height, and other characteristics of signs can magnify their adverse impacts on both traffic safety and aesthetics;
(24) 
The Township Committee finds and determines that this section will lessen hazardous situations, as well as confusion and visual clutter otherwise caused by the proliferation, improper placement, excessive height, excessive size, and distracting characteristics of signs which compete for the attention of pedestrian and vehicular traffic;
(25) 
The Township Committee finds and determines that this section will enhance the attractiveness and economic well-being of the Township as a place to live, visit, and conduct business;
(26) 
The Township Committee finds that billboards detract from the natural and man-made beauty of the Township and have never been allowed to be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted as a use within the Township [see, e.g., United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952); United Advertising Corp. v. Borough of Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964)];
(27) 
The Township Committee agrees that the aesthetic impact of billboards is an economic fact and is a relevant zoning consideration, that reasonable men and women can conclude that the addition of off-premises signs would disserve the general welfare, and that such a policy question is appropriately committed to the judgment of a local legislative body, such as the Township Committee [see United Advertising Corp. v. Borough of Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964)];
(28) 
The Township Committee agrees with the New Jersey Supreme Court that a business sign (sometimes referred to as an on-site sign or on-premises sign) is in actuality a part of the business itself, just as the structure housing the business is a part of it, and the authority to conduct the business in a district carries with it a right to maintain a business sign on the premises subject to reasonable regulations, but that the placement of outdoor advertising signs, known as commercial billboards, is made pursuant to the conduct of the business of outdoor advertising itself. and further agrees with the New Jersey Supreme Court that it has long been settled that the unique nature of outdoor advertising and the nuisances fostered by billboards and similar outdoor structures located by persons in the business of outdoor advertising, justify the separate classification of such structures for purposes of governmental regulation and restriction [see United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952)];
(29) 
The Township Committee finds that the preservation of the Township's scenic beauty promotes tourism by establishing a visual attractiveness for the Township and promoting its general economic and cultural development consistent with the Township's interest in beauty;
(30) 
The Township Committee agrees with the American Society of Landscape Architects' determination that billboards tend to deface nearby scenery, whether natural or built, rural or urban, and that this characteristic is inconsistent with all of the land use categories and actual land uses within the Township;
(31) 
The Township Committee agrees with the courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway, whether the view is untouched or ravished by man, and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
(32) 
The Township Committee finds that billboards attract the attention of drivers passing by the billboards, thereby adversely affecting traffic safety and constituting a public nuisance and a noxious use of the land on which the billboards are erected;
(33) 
The Township Committee recognizes that billboards are a form of advertisement designed to be seen without the exercise of choice or volition on the part of the observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising Co. v. Department of Public Works, 289 Mass. 149, 193 N.E. 799 (1935)], and the Township Committee acknowledges that the United States Supreme Court and many federal courts have accepted legislative judgments and determinations that the prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area [see Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); National Advertising Co. v. City & Town of Denver, 912 F.2d 405, 409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 1231, 1239 (D. Kan. 1999)];
(34) 
The Township Committee finds and determines that by confirming in its ordinance that noncommercial messages are allowed wherever commercial messages are permitted, the Township will continue to overcome any constitutional objection that its ordinance impermissibly favors commercial speech over noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
(35) 
The Township Committee finds that in order to reconfirm that its regulations meet constitutional scrutiny, it is appropriate to amend the ordinance code to emphasize the fact that noncommercial messages may be placed wherever commercial messages appear, that commercial speech is not favored over noncommercial speech, and that any on-site or off-site sign permitted or allowed by law is allowed to contain noncommercial speech in lieu of any other speech;
(36) 
The Township Committee hereby finds and determines that anything beside the road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that signs, which divert the attention of the driver and occupants of motor vehicles from the highway to objects away from it, may reasonably be found to increase the danger of accidents, and agrees with the courts that have reached the same determination [see In re Opinion of the Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N,W.2d 741 (N.D.1978)];
(37) 
The Township Committee finds that local governments may separately classify off-site and on-site advertising signs in taking steps to minimize visual pollution [see City of Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla. 1982)];
(38) 
The Township Committee recognizes that on-site business signs are considered to be part of the business itself, as distinguished from off-site outdoor advertising signs, and finds and determines that it is well-recognized that the unique nature of outdoor advertising and the nuisances fostered by commercial billboard signs justify the separate classification of such structures for the purposes of governmental regulation and restrictions [see, e.g., United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362, 365 (N.J. 1952), and E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert. denied, 400 U.S. 878, 91 S.C. 12, 27 L. Ed. 2d 35 (1970), quoting United Advertising Corp. v. Borough of Raritan, 93 A.2d 362, 365 (1952)];
(39) 
The Township Committee finds and determines that a prohibition on the erection of off-site outdoor advertising signs will limit the number of driver distractions and the number of aesthetic eyesores along the roadways and highways of the Town [see, e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied, 400 U.S. 878 (1970)];
(40) 
The Township Committee finds and determines that commercial billboard signs are public nuisances given their adverse impact on both traffic safety and aesthetics;
(41) 
The Township Committee finds and determines that a prohibition on billboard signs and structures is consistent with § 102-30 of the Code of the Township of Bethlehem, inasmuch as no zoning district in the Township permits the business of outdoor advertising as use permitted by right or conditional approval;
(42) 
The Township Committee finds and determines that billboards are a traffic hazard and impair the beauty of the surrounding area, and the prohibition of the construction of billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d 1231, 1239 (D. Kan. 1999)];
(43) 
The Township Committee finds and determines that the presence of billboards along the federal interstate and the federal-aid primary highway systems, or the state highway systems, may prevent public property from being used for beautification purposes due to view zones established by the state, which would be detrimental to the land use policies of the Township;
(44) 
Scenic America, Inc., recommends improvements in the scenic character of a community's landscape and appearance by prohibiting the construction of billboards, and by setting height, size and other standards for on-premises signs [see Scenic America's Seven Principles for Scenic Conservation, Principle No. 5];
(45) 
States such as Vermont, Alaska, Maine, and Hawaii have prohibited the construction of billboards in their states and are now billboard-free in an effort to promote aesthetics and scenic beauty;
(46) 
The Township Committee finds and determines that in order to preserve, protect and promote the safety and general welfare of the residents of the Township, it is necessary to regulate off-site advertising signs, commonly known as billboard signs or billboards or commercial billboards, so as to prohibit the construction of billboards in all zoning districts, and to provide that the foregoing provisions shall be severable;
(47) 
The Township Committee finds and determines that the prohibition of billboards as set forth herein will preserve the beauty of the Township, maintain the aesthetic and visual appearance of the Township, preserve and keep open areas for beautification on public property adjoining the public roadways, will keep such signage from interfering with the visibility, readability and/or effectiveness of on-site signs by reducing and/or diminishing the visual clutter of off-site signs, will enhance the Township as an attractive place to live and/or work, reduce blighting influences, and will benefit traffic safety by reducing driver distractions;
(48) 
The Township Committee finds and determines that the following amendments are consistent with all applicable policies of the Township's adopted Master Plan;
(49) 
The Township Committee finds and determines that portable signs is not an approved use within the Township or any of its zoning districts;
(50) 
The Township Committee finds and determines that the prohibition of portable signs reasonably advances the governmental goal of protecting the aesthetic environment of the Township [see Harnish v. Manatee Town, 783 F.2d 1535 (11th Cir. 1986) and Don's Porta Signs, Inc. v. City of Clearwater, 298 F.2d 1051 (11th Cir. 1987), cert. denied 485 U.S. 98 (1988)];
(51) 
The Township Committee finds and determines that the Township has consistently adopted and enacted severability provisions in connection with its ordinance code provisions, and that the Township Committee wishes to ensure that severability provisions apply to its land development regulations, including its sign regulations;
(52) 
The Township Committee finds and determines that off-site signs, also known and commonly referred to as "billboards" or "commercial billboards," are not compatible with adjacent areas and are not an approved land use within any of the Township's zoning districts;
(53) 
The Township Committee finds and determines that the following amendments are consistent with all applicable policies of the Township's adopted Comprehensive Plan;
(54) 
The Township Committee finds and determines that the following amendments are not in conflict with the public interest;
(55) 
The Township Committee finds and determines that the following amendments will not result in incompatible land uses;
(56) 
Various arguments have been advanced in recent years that the permitting of signs is subject to prior restraint scrutiny under the First Amendment;
(57) 
The Township Committee finds and determines that the Township's sign regulations are concerned with the secondary effects of speech, including but not limited to aesthetics and traffic safety, and are not intended to regulate viewpoints or censor speech, and for those and other reasons that the foregoing provisions are not subject to, or would not fail, a prior restraint analysis;
(58) 
The Township Committee recognizes that frivolous challenges to its provisions regulating signage might be advanced under the pretext that the Township is unconstitutionally restraining free speech, and the Township Committee desires to amend and modify the Land Use Code to ensure that a prior restraint claim cannot be advanced in good faith against the Township's sign regulations;
(59) 
The severability clause in the Code of the Township of Bethlehem, at § 1-10, was adopted with the intent of upholding and sustaining as much of the Township's regulations, including its sign regulations, as possible in the event that any portion thereof (including any section, sentence, clause or phrase) be held invalid or unconstitutional by any court of competent jurisdiction;
(60) 
The Township Committee has determined that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause;
(61) 
The Township Committee is aware that the failure of some courts to uphold severability clauses has led to an increase in litigation by billboard developers seeking to strike down sign ordinances in their entirety so as to argue, even when there is no vested right under state law, that the developers' applications to erect billboards must be granted;
(62) 
The Township Committee desires that there be an ample record of its intention that the presence of a severability clause in connection with the Township's sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any exceptions, limitations, variances or other provisions are invalid or unconstitutional for any reason whatsoever;
(63) 
The Township Committee desires that there be an ample record that it intends that each prohibited sign type continue in effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the Township's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever;
(64) 
The Township Committee desires that the prohibition on billboards continue in effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the Township's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever;
(65) 
The Township Committee desires that there be an ample record that it intends that the height, size (area), spacing, setback and number limitations on freestanding signs continue in effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the Township's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever;
(66) 
The Township Committee is aware that billboard developers seeking to attack a sign ordinance, either in its entirety or as to some lesser portion, have often advanced an argument that the billboard developer has a so-called "vested" right to erect a billboard through the submission of one or more prior permit applications, so that in the event that the billboard developer is successful in obtaining a judicial decision that the entirety or some lesser portion of a sign ordinance or its permitting provisions are invalid or unconstitutional, the billboard developer may then seek to compel the local governmental unit to issue a permit to allow the billboard developers to erect a permanent billboard structure within the local government's jurisdiction;
(67) 
The Township Committee desires to make it clear that billboards are not a compatible land use within the Township and that there can be no good faith reliance by any prospective billboard developer under New Jersey vested rights law in connection with the prospective erection or construction of new or additional billboards within the jurisdictional limits of the Township;
(68) 
The Township Committee has determined that the purpose and intent provisions of its signage regulations should be even more detailed than they are now so as to further describe the beneficial aesthetic and other effects of the Township's sign regulations, and to reaffirm that the sign regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker;
(69) 
The Township Committee has determined the need to revise its Land Use Code relative to signs;
(70) 
The Township Committee wishes to ensure that the Township's Land Use Code relative to signs is in compliance with all constitutional and other legal requirements;
(71) 
The Township Committee wishes to continue to restrict the height, size (area), spacing, setback, and number of freestanding signs, other than traffic control device signs as identified or described in the Manual on Uniform Traffic Control Devices;
(72) 
The Township Committee wishes to continue to assure that new billboards are effectively prohibited as a sign type within the Township, consistent with § 102-5 of the Land Use Code;
(73) 
The Township Committee finds and determines that a prohibition on billboards accomplishes each of the following goals:
(a) 
Promotes the public safety and general welfare, per § 102-3 of the Land Use Code;
(b) 
Complements and assists in the preservation of open space, per § 102-3 of the Land Use Code;
(c) 
Promotes a desirable visual environment through creative development techniques and good civic design and arrangements per § 102-3 of the Land Use Code;
(d) 
Encourages the design of transportation routes in such a way as to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which would result in congestion or blight, per § 102-3 of the Land Use Code;
(e) 
Complements as well as promotes the conservation of open space, per § 102-3 of the Land Use Code;
(f) 
Promotes the conservation of open space and valuable natural resources, and prevents urban sprawl and degradation of the environment through improper use of land per § 102-3 of the Land Use Code; and
(g) 
Continues to assist in the orderly, efficient and integrated development of land, per § 102-3 of the Land Use Code, by limiting commercial signage to on-site commercial signage;
(74) 
The Township Committee wishes to assure that animated signs and flashing signs are effectively prohibited as sign types within the Township, and finds and determines that this prohibition furthers the purposes set forth in the Township of Bethlehem's Land Use Code;
(75) 
The Township Committee wishes to assure that portable signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(76) 
The Township Committee wishes to continue to assure that animated, flashing and illusionary signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(77) 
The Township Committee wishes to continue to assure that flashing signs in a form resembling an emergency light are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(78) 
The Township Committee wishes to continue to assure that portable signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(79) 
The Township Committee wishes to continue to assure that illuminated signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(80) 
The Township Committee wishes to assure that snipe signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(81) 
The Township Committee wishes to assure that wind (wind-activated) signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(82) 
The Township Committee wishes to continue to assure that flashing signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(83) 
The Township Committee wishes to assure that revolving and rotating signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(84) 
The Township Committee wishes to continue to assure that oscillating signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(85) 
The Township Committee wishes to assure that signs that emit smoke, visible vapor or particles, sound or odor, are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(86) 
Each of the Township's five commercial zoning districts, including the Neighborhood Commercial (NC), Highway Commercial (HC), General Commercial (GC), Research, Office and Manufacturing (ROM) and Manufacturing (MFG) provide that "signage shall be minimized to preserve and protect the rural and agricultural environment of the Township as well as its scenic vistas," and the Township Committee finds and determines that the prohibition on billboards, animated signs, portable signs, snipe signs, wind-activated signs, flashing signs, revolving signs, rotating signs, and oscillating signs, as well as the dimensional and other content-neutral criteria for permissible freestanding signs are necessary to preserve and protect the rural and agricultural environment of the Township, as well as its scenic vistas, in the aforementioned districts;
(87) 
The Township Committee finds and determines that Bethlehem Township is a rural community with a population per square mile of only 3,993 persons;
(88) 
The Township Committee finds and determines that Bethlehem Township has a predominant rural and historic character, including sites that are on or are eligible for the New Jersey and National Historic Registers;
(89) 
The Township Committee finds and determines that the rural quality of the Township is exceptional with hills, valleys and mountains, which is enhanced by the views of the Spruce Run Reservoir and its preserved parkland;
(90) 
Allowing exemptions or exceptions for certain signage based upon the function served by the sign (e.g., warning signs, directional signs, real estate signs, and other sign types described herein), is preferred to requiring permits for all such signs or, alternatively, banning all such signs;
(91) 
The Township Committee finds and determines that the dimensional criteria, including but not limited to size (area) and height, established for certain signs and sign types as set forth in the Land Use Code are not based upon any arbitrary determination but are based upon the function served by the sign and sign type involved, and serve a legitimate governmental interest of balancing aesthetics and safety with the need for signage that serves a necessary purpose;
(92) 
Under current jurisprudence [see, e.g., Linmark Associates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site real estate signs, such as "for sale" signs, should be allowed given the important role and unique function that real estate signs, such as "for sale" signs, perform on the premises where they are located;
(93) 
Under current jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43 (1994)], signs that allow property owners, especially residential homeowners, to freely express a particular point of view on their own property should be reasonably accommodated and may be uniquely valuable, and the Township Committee wishes to codify current practices that has allowed residential property owners to freely express their point of view on their own property consistent with current jurisprudence set forth in Ladue v. Gilleo, 512 U.S. 43 (1994) [see also, e.g., State v. Miller, 162 N.J.Super. 333, 392 A.2d 122 (1978), aff'd, 83 N.J. 402, 416 A.2d 821 (1980); Berg Agency v. Township of Maplewood, 163 N.J.Super. 542, 395 A.2d 261 (Super. Ct. Law Div. 1978)];
(94) 
Under current jurisprudence, election signs are generally accorded a higher level of protection under the First Amendment than any other classification or type of speech;
(95) 
Durational limitations on election signs, sometimes referred to as political signs, are frequently problematic when the limitations affect the posting of election signs prior to the election concerning the candidate or ballot issue to which they pertain, but durational limits requiring the removal of election signs following such election are generally permissible [see, e.g., Election Signs and Time Limits, Evolving Voices in Land Use Law, 3 Wash. U.J.L. & Pol'y 379 (2000); McCormack v. Township of Clinton, 872 F.Supp. 1320 (D.N.J. 1994)];
(96) 
The Township Committee wishes to continue its current practice of:
(a) 
No longer requiring either permit fees or permits for the display of temporary political signs before an election; and
(b) 
Not requiring any durational limitation on the placement of temporary political signs prior to an election and only requiring removal of temporary political signs after the conclusion of an election;
(97) 
Free expression signs are sufficient to allow for political speech unrelated to particular candidates or ballot issues;
(98) 
The Township Committee intends to expressly provide that property owners may display at least one sign for free expression at all times, a codification of longstanding actual practice, and to expressly provide that property owners may maintain signs displaying their support or opposition to political candidates and ballot issues before the election to which they pertain;
(99) 
The exceptions and/or exemptions for real estate signs, free expression signs, political signs, and certain other sign types are not intended to diminish or lessen the Township's interests in aesthetics or traffic safety, but the same are adopted in recognition of the useful functions and practical needs served by such signage in the Township's commerce and/or in the political freedom that must be accorded its citizens to freely express their points of view and political desires;
(100) 
The Township Committee recognizes that under current jurisprudence its sign regulations may be under-inclusive in their reach to serve the Township's interests in aesthetics and traffic safety, while at the same time balancing the interests protected by the First Amendment [see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74 Neb.L.Rev. 36 (1995)], and the Township Committee may from time to time modify the sign regulations herein so as to provide additional limitations to further serve the Township's interests in aesthetics and/or traffic safety;
(101) 
In the context of the Municipal Land Use Law, the Township Committee agrees that considerations of aesthetics and economics are intimately related in the context of conserving property values, and further agrees that an inability to prohibit off-site commercial billboards for the purpose of protecting and preserving the beauty of the environment would be "to succumb to a bleak materialism" [State v. Miller, 83 N.J. 402, 416 A.2d 821, 825 (1980), quoting Metromedia, Inc. v. City of San Diego, 592 P.2d 728, 735, 154 Cal.Rptr. 212, 219 (1979)];
(102) 
The limitations on the height, size (area), number, location, spacing, and setback of signage, adopted herein, is based upon the sign types and sign functions (e.g., a temporary "garage/yard sale" sign requires less sign area than a temporary "grand opening sign"), and the Township Committee finds and determines that the dimensional criteria specified in the sign regulations for different sign types are adequate and do not impair the free flow of protected speech;
(103) 
The sign types described herein are related in other ways to the functions they serve and the properties to which they relate (e.g., temporary subdivision entrance signs are allowed at subdivision entrances, real estate signs are directly related to the property on which they are posted or, in the case of directional signs, are limited to a certain distance from the property to which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]), and exceptions to temporary political signs, "for sale" signs, and the like are founded upon rational and reasonable bases clearly justifying the difference of treatment [see State v. J & J Painting, 167 N.J.Super. 384, 400 A.2d 1204 (Super. Ct. App. Div. 1979)] ;
(104) 
Limitations on various types of signs are also related to the zoning districts for the properties on which they are located;
(105) 
The Township Committee's predominant concern in establishing sign regulations for the development and use of land is with adverse secondary effects, and not with the content of speech;
(106) 
The Township of Bethlehem finds and determines that through its sign regulations, the Township does not seek to prohibit constitutionally protected rights to assemble and protest in a traditional public forum and desires to specifically exempt from the scope of § 102-30, Signs, the display of temporary signage in a judicially recognized traditional public forum for a noncommercial purpose and that are reactive to a local happening or that express a view on a controversial issue [see State v. DeAngelo, 197 N.J. 478, 963 A.2d 1200 (N.J. 2009)];
(107) 
Various signs that serve and function as signage for particular land uses, in recognition of the differing or special functions served by those land uses, but not based upon any intent to favor any particular viewpoint or control the subject matter of public discourse; and
(108) 
The Township Committee finds that the sign regulations adopted hereby still allow and leave open adequate alternative means of communications, such as newspaper advertising, Internet advertising and communications, advertising in shoppers and pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio, advertising on Internet radio, advertising via direct mail, and other avenues of communication available in the Township of Bethlehem [see State v. J & J Painting, 167 N.J.Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979)];
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections B through DD as Subsections C through EE, respectively.
C. 
Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:
(1) 
Encourage the effective use of signs as a means of communications in the Township;
(2) 
Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;
(3) 
Improve pedestrian and traffic safety;
(4) 
Minimize the possible adverse affect of signs on nearby public and private property;
(5) 
Foster the integration of signage with architectural and landscape designs;
(6) 
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
(7) 
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
(8) 
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
(9) 
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
(10) 
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
(11) 
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(12) 
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(13) 
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(14) 
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained is a safe and satisfactory manner, and protect the public from unsafe signs;
(15) 
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;
(16) 
Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
(17) 
Protect property values by precluding, to the maximum extent possible, sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
(18) 
Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
(19) 
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of this Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;
(20) 
Preserve and enhance the rural and historic character of the Township; and
(21) 
Enable the fair and consistent enforcement of these sign regulations.
D. 
Definitions. All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE
A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign:
(1) 
A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or
(2) 
A sign which is blank.
ADVERTISING
Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity; service, activity, entertainment, or real or personal property.
AGRICULTURAL SIGN
A sign in an Agricultural Residential (AR), Mountain Residential (MR), Single-Family Residential (R-1 1/2) District with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.
ANIMATED SIGN
A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
ARTWORK
A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
ATTACHED SIGN
A wall sign, a marquee sign, a window sign, but not a canopy sign.
BANDIT SIGN
See "snipe sign."
BANNER
Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
BEACON
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
BILLBOARD
A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
BUILDING FRONTAGE
The length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "storefront," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of building or that portion of a side of a building occupied by a single office, business or enterprise.
CANOPY SIGN
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
COMMERCIAL MESSAGE
Any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
CONSTRUCTION SIGN
A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
COPY
The linguistic or graphic content of a sign.
DOUBLE-FACED SIGN
A single sign with items of information on both sides of the sign and mounted as a single structure.
ELECTION SIGN
A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.
ERECT
To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
FACADE
The side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.
FLAG
Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also "ornamental flag".)
FLAGPOLE
A pole on which to raise a flag.
FLASHING SIGN
A sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign and changes more frequently than once per minute.
FREE EXPRESSION SIGN
A sign, not in excess of three square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
FREESTANDING MONUMENT SIGN
A freestanding sign whose ratio of width of sign to width of support is less than three to one.
FREESTANDING POLE SIGN
A freestanding sign whose ratio of width of sign to width of support is equal to or greater than three to one.
FREESTANDING SIGN
A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.
FRONTAGE
The length of the property line of a parcel of land which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
FUTURE DEVELOPMENT SIGN
A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)
Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, backyard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
GROUND LEVEL
The finished grade of a parcel of land exclusive of any filling, berming or mounding.
HEIGHT
Vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
HOLIDAY AND SEASONAL DECORATIONS
Decorations that pertain to legal or other recognized holidays or to a season of the year.
ILLEGAL SIGN
Any sign which has been determined to be in violation of any provision of this § 102-30.
ILLUMINATED SIGN
Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
INCIDENTAL SIGN
A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either:
(1) 
Identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located; or
(2) 
Provides an official notice of services required by law or trade affiliation.
INTERMITTENT SIGN
A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.
LOT
See definition of "parcel."
MAINTENANCE
The replacing, repairing or repainting of a portion of sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear.
MARQUEE
Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN
Any sign attached to a marquee.
MENU DISPLAY SIGN
A fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus or announcements of activities within the establishment for which the menu or announcement is displayed. A menu display may be used for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment, having a maximum surface area of 12 square feet in the zoning districts in which they are permitted.
NAMEPLATE SIGN or OCCUPANT IDENTIFICATION SIGN
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
NONCOMMERCIAL MESSAGE
Any message which is not a commercial message.
NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN
An on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like.
NONCONFORMING SIGN
A sign which does not conform to the regulations provided in this § 102-30.
OFF-PREMISES SIGN or OFF-SITE SIGN
Any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.
ON-PREMISES SIGN or ON-SITE SIGN
Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.
ORNAMENTAL FLAG
Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
PARAPET
A false front or wall extension above the roofline of a building.
PARCEL
Land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
PENNANT
Any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
PERMANENT SIGN
Any sign which, when installed, is intended for permanent use. For the purposes of this section, any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.
PORTABLE SIGN
Any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this section, a cold-air inflatable sign shall be considered to be a portable sign.
PREMISES
Any property owned, leased or controlled by the person actively engaged in business at that location.
PRINCIPAL USE
The use which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.
PROJECTING SIGN
Any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.
REAL ESTATE SIGN
A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
REVOLVING SIGN or ROTATING SIGN
Any sign that revolves or rotates.
ROOFLINE
The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
ROOF SIGN
Any sign erected and constructed wholly on or over the roof of a building which is supported by the roof structure or any sign that extends in whole or in part above the roofline of a building.
SAFETY SIGN
See "warning sign."
SANDWICH BOARD SIGN
A temporary portable double-faced, freestanding sign.
SIGHT VISIBILITY TRIANGLE
A triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.
SIGN
Any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
SIGN AREA
The total square foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto. The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
SIGN FACE
The part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation which attracts or intends to attract the attention of the public for any purpose.
SIGN STRUCTURE
Any structure which is designed specifically for the purpose of supporting a sign which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
SNIPE SIGN (BANDIT SIGN)
Any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
SPECIAL EVENT SIGN
A content-neutral sign providing notice of or direction to an event, gathering, assembly or meeting that is open to the public at large.
STATUTORY SIGN
A sign required by any statute or regulation of the State of New Jersey or the United States.
STREET ADDRESS SIGN
Any sign denoting the street address of the premises on which it is attached or located.
SUBDIVISION MONUMENT IDENTIFICATION SIGN
A monument sign which contains only the name of a platted subdivision or other residential development. A subdivision monument identification sign at a platted subdivision or neighborhood entrance shall not be considered a billboard.
SUBSTANTIALLY DAMAGED OR DESTROYED
As it pertains to a nonconforming sign, means that:
(1) 
Fifty percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support; or
(2) 
That more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
TEMPORARY SIGN
A sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.
TIME AND TEMPERATURE SIGN
A sign which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts in which they are expressly allowed.
TOWNSHIP
The Township Committee of the Township of Bethlehem, Hunterdon County, New Jersey.
TRAFFIC CONTROL DEVICE SIGN
Any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the national standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
VEHICLE SIGN
Any sign or signs where the total sign area covers more than 10 square feet of the vehicle.
VISIBILITY TRIANGLE
See "sight visibility triangle."
WALL SIGN
A sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, which is used for advertising.
WARNING SIGN or SAFETY SIGN
A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
WINDOW SIGN
Any sign mounted in any fashion on the interior or exterior of the surface of a window.
WIND SIGN
A sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term "wind sign" shall not include flags.
E. 
(Reserved)
F. 
Prohibited signs. The following signs and sign-types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign and sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of § 102-30F.
(1) 
Billboards.
(2) 
Revolving signs.
(3) 
Flashing signs.
(4) 
Animated signs.
(5) 
Wind signs.
(6) 
Portable signs.
(7) 
Roof signs.
(8) 
Abandoned and discontinued signs.
(9) 
Snipe signs; bandit signs.
(10) 
Projecting signs, except as expressly allowed.
(11) 
Bus bench advertising signs; bus shelter advertising signs.
(12) 
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
(13) 
Signs that have unshielded illuminating devices.
(14) 
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(15) 
Any attached sign, including a wall sign, that exceeds 30 square feet in sign area.
(16) 
Any freestanding sign that is higher than 20 feet.
(17) 
Any sign within a sight visibility triangle that obstructs a clear view of pedestrian or vehicular traffic.
(18) 
Any sign in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
(19) 
Any sign other than a traffic control device sign that uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official traffic control device signs, and which is adjacent to the right-of-way of any road, street, or highway.
(20) 
Any sign nailed, fastened or affixed to any tree.
(21) 
Any sign prohibited by state or federal law.
(22) 
Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle, and is parked for more than two consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered regularly used in the conduct of the business or activity if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
(23) 
Any sign located on real property without the permission of the property owner.
(24) 
Beacons, except as required by federal or state law.
(25) 
Intermittent signs, except time and temperature signs as expressly permitted herein.
(26) 
Sandwich board signs.
(27) 
Signs that have animated flashing and illusionary signs.
(28) 
Information or direction signs that exceed two square feet in sign area.
G. 
Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this section and with any other applicable law or regulation.
H. 
Exemptions. This section does not pertain to the following:
(1) 
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
(2) 
A sign on a car, other than a prohibited vehicle sign or signs.
(3) 
A statutory sign.
(4) 
A traffic control device sign.
(5) 
Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
I. 
Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.
J. 
Shielding of illumination. Illuminated signs, in addition to conforming to all other requirements of this section, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.
K. 
Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or the Code to the contrary, any sign erected pursuant to the provisions of this section or the Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this section and Code have been satisfied.
L. 
Content neutrality as to sign message (viewpoint). Notwithstanding anything in this section or the Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
M. 
Permit required.
(1) 
Allowed temporary and allowed permanent signs of the type described in Subsection Z shall be exempt from sign permitting hereunder.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(2) 
No sign permit shall be issued for the erection of a prohibited sign.
(3) 
Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, paid to the Township.
(4) 
A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.
N. 
Sign permit application and issuance of sign permit.
(1) 
A sign permit application for a permanent sign shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or the Code. The applicant shall furnish the following information on or with the sign permit application form:
(a) 
The legal description of the real property where the sign is proposed to be located.
(b) 
The zoning district for the real property on which the sign will be located.
(c) 
The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
(d) 
A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
(e) 
The name, mailing address and telephone number of the sign contractor.
(f) 
Type of proposed sign (e.g., wall sign or freestanding sign).
(g) 
The square footage of the surface area of the proposed sign.
(h) 
The value of the proposed sign.
(i) 
If the proposed sign is a freestanding sign:
[1] 
The height of the proposed freestanding sign.
[2] 
The size (sign area) of the freestanding sign and the dimensions utilized to calculate the size.
[3] 
The minimum spacing distance calculated by multiplying the greatest dimension of the proposed freestanding sign by a factor of 20.
[4] 
The distance of the closest freestanding sign to the proposed freestanding sign.
[5] 
Whether there is an existing freestanding sign on the same lot where the proposed freestanding sign will be located.
[6] 
The front and side yard setbacks for the proposed sign.
(j) 
If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
(k) 
The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
(l) 
Whether the proposed sign will be an illuminated or nonilluminated sign.
(2) 
An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as may be designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed denied and the applicant may appeal to the Board of Adjustment. Any appeal shall be heard and a decision rendered within the time frames specified in this section or otherwise set forth or provided for appeals.
O. 
Fees.
(1) 
Sign permit fees. Every person making an initial application for a sign permit shall pay any required sign permit fee, if any, to the Township at the time of the application. The permit fee, if any, shall be established by resolution of the Township and shall be as stated in an appendix to this section.[10]
[10]
Editor's Note: Ordinance No. 255-51-2008, adopted 11-6-2008, provided that the applicant shall furnish the Zoning Officer a sign permit fee of $30.
(2) 
Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
(3) 
Enforcement of this section. Nothing contained in this section shall be construed as prohibiting the Township from taking appropriate legal action, including the filing of legal proceedings in a court of competent jurisdiction, to enforce this section.
P. 
Conditions.
(1) 
Duration of permit. If the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
(2) 
Maintenance of signs.
(a) 
All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
[1] 
If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
[2] 
If the sign is painted, the painted surface shall be kept in good condition.
[3] 
Every sign shall be kept in such manner as to constitute a complete or whole sign.
(b) 
Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. As provided in Subsection F, a lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this section.
Q. 
Appeals to Board of Adjustment.
(1) 
Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment.
(2) 
The written appeal shall be filed with the Board of Adjustment in accordance with § 102-44.1 of the Township Code.
(3) 
The Board of Adjustment shall hold a hearing within 45 days following receipt of the written appeal.
(4) 
The Board of Adjustment shall render a written decision within 10 days following the hearing.
R. 
Appellate decisions deemed final, subject to judicial review. The appellate decisions of the Board of Adjustment, pursuant to Subsection Q above, shall be deemed final, subject to judicial review as provided by law.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
S. 
Administration and enforcing official. The Zoning Official shall be the enforcing official of this section, and enforcement shall be governed by § 102-45.
T. 
Adoption of zoning regulations. The boundaries of the various districts shown upon the official Zoning Map and the regulations of the Land Use Code governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this section. Except as provided in this section, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this section for the zoning district in which it is located.
U. 
Freestanding signs (temporary and permanent), setbacks and sight clearance. Freestanding signs, temporary and permanent, shall comply with the following setback and sight clearance standards:
(1) 
Setback. Freestanding signs shall be set back at least five feet from any property line or by a distance equal to the height of the freestanding sign, whichever is greater.
(2) 
Sight clearance. Freestanding signs shall have a minimum sight clearance from three feet above grade to eight feet above grade when located within 50 feet of any public right-of-way intersection or within 30 feet of any driveway or other point of ingress or egress.
V. 
Setback measurement. Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
W. 
Double-faced signs. Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back and directionally oriented 180° from each other. The maximum sign area allowed shall be permitted for each sign face.
X. 
Illumination. Freestanding and attached signs may be illuminated, unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this section, the Code, and the New Jersey Uniform Construction Code.
Y. 
Time and temperature signs. Time and temperature signs may be utilized as part of an otherwise allowed freestanding or attached sign in nonresidential zoning districts; otherwise they are prohibited.
Z. 
All districts. The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified in this section.
(1) 
Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
(2) 
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences, the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.
(3) 
Noncommercial on-site directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.
(4) 
Noncommercial on-site parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.
(5) 
Free expression signs. For each parcel, one free expression sign not exceeding three square feet in size (sign area) may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each parcel.
(6) 
Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed three square feet in size (sign area); and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.
(7) 
Flagpoles. One flagpole is allowed for each parcel, except parcels greater than 1/2 acre in size shall be allowed up to three flagpoles. Flagpoles in residential districts shall not exceed 25 feet in height, and flagpoles in nonresidential districts shall not exceed 35 feet in height.
(8) 
Flags. For each detached dwelling unit in a residential district, two flags not greater than 24 square feet in sign area (each) may be displayed. For each parcel in a multifamily residential district and in a nonresidential district, three flags not greater than 48 square feet in sign area (each) may be displayed.
(9) 
Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in size (sign area), shall be allowed in all districts.
(10) 
Temporary construction signs. One temporary construction sign shall be allowed on each parcel. Temporary construction signs shall not exceed six square feet in size (sign area).
(11) 
Temporary real estate signs, generally.
(a) 
Number. For each parcel, one temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.
(b) 
Size and height. Temporary real estate signs shall not exceed six square feet in size (area) and three feet in height for a property two acres or less in size, and shall not exceed 15 square feet in size (area) and four feet in height for a property greater than two acres in size.
(c) 
Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.
(12) 
Temporary garage-yard sale signs. For each parcel with a lawful residential use, one temporary garage-yard sale sign may be displayed. A temporary garage-yard sale sign shall not exceed three square feet in size and three feet in height. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.
(13) 
Temporary window signs. For each parcel, one or more temporary window signs may be displayed. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.
(14) 
Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations.
(a) 
Number. No more than one such sign shall be allowed upon any property held in single and separate ownership, unless the property fronts upon more than one public street, in which event one sign may be erected on each street frontage.
(b) 
Size. For a subdivision containing less than 10 lots, the temporary future development sign shall not exceed 24 square feet in sign area. For a subdivision containing 10 lots or more, the temporary future development sign shall not exceed 35 square feet in sign area.
(c) 
Height. A temporary future development sign shall not exceed six feet in height.
(d) 
Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been initially occupied.
(15) 
Temporary special event signs.
(a) 
Temporary special event signs as approved by the Zoning Officer as meeting the following content-neutral criteria:
[1] 
The signs are temporary signs for a limited time and frequency;
[2] 
The signs are for a special event as defined herein (see special event sign);
[3] 
The temporary signs will not exceed three square feet in size (area) and three feet in height;
[4] 
The temporary signs will not conceal or obstruct adjacent land uses or signs;
[5] 
The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;
[6] 
The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
[7] 
The temporary signs will be installed and maintained in a safe manner; and
[8] 
The display of temporary signs for a special event shall not begin any earlier than one week before the event and shall be removed within two business days after the event.
(b) 
Consistent with § 102-30 of the Land Use Code, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Board of Adjustment.
AA. 
Agricultural Residential (AR); Mountain Residential (MR); Single-Family Residential (R-1 1/2). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent and temporary signs are also allowed within the districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as AR, MR and R-1 1/2 as set forth below. The permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1) 
Subdivision monument identification signs. For each platted subdivision or neighborhood entrance, two subdivision monument identification signs not exceeding six feet in height and 20 square feet in sign area shall be allowed.
(2) 
Monument signs and mounted wall signs. For each parcel with a permitted nonresidential permitted use in the Agricultural Residential (AR), Mountain Residential (MR), or Single-Family Residential (R-1 1/2), there may be one permanent monument sign or one permanent wall sign not exceeding 12 square feet in size.
(3) 
Temporary agricultural signs. For each parcel allowed a permitted agricultural use, up to two temporary agricultural signs may be displayed per business establishment on parcel or lot.
BB. 
Neighborhood Commercial (NC); Highway Commercial (HC); General Commercial (GC). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent signs are also allowed within districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as NC, HC and GC as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1) 
Permanent wall (mounted) signs.
(a) 
For the premises on which a building is located, there may be attached one permanent wall (mounted) sign not exceeding 20 square feet.
(b) 
For each professional or office use located on the premises, there may be one additional permanent wall (mounted) sign not exceeding four square feet. Such signs shall not be illuminated.
(c) 
A projecting sign may be used in lieu of a permanent wall (mounted) sign, provided that the projecting sign does not extend more than two feet from the wall or building surface, does not exceed four square feet in size (area), and is at least eight feet above grade level.
(2) 
Monument signs. For each parcel with a permitted nonresidential permitted use, there may be one permanent monument sign not exceeding 12 square feet in size.
(3) 
Incidental signs. Up to four incidental signs may be permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
CC. 
Research, Office and Manufacturing (ROM) and Manufacturing (MFG). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent signs are also allowed within the districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as ROM and as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1) 
Permanent wall signs.
(a) 
Maximum size for front facades. For each building, a permanent wall sign may be mounted on the front facade of the building, provided that the size (area) does not exceed 5% of the building facade (inclusive of all doors and window openings); however, for each 10 feet or fraction thereof that the building facade is located behind the building setback line, the aggregate maximum square footage for a permanent wall sign shall increase by 1% up to a limit of 10% of the building facade.
(b) 
Maximum size for side facades. For each building, a permanent wall sign may be mounted on a side facade of the building, provided that the size (area) shall not exceed 5% of the side facade (inclusive of all doors and window openings).
(2) 
Permanent freestanding signs. For each lot or tract, a freestanding sign is allowed subject to the following limitations as to height, size (area), spacing, setback, number, and location:
(a) 
Maximum height. The maximum height of a freestanding sign shall not exceed 14 feet.
(b) 
Maximum size. The maximum size (area) of the sign face of a freestanding sign shall not exceed 20 square feet per side, provided that the combined surface area shall not exceed 40 square feet.
(c) 
Minimum spacing. There shall be a minimum spacing between freestanding signs. A freestanding sign shall not be constructed any closer to another freestanding sign than the following of 100 linear feet or a linear distance equal to 20 times the largest dimension of the size face, either height or width, whichever is greater.
(d) 
Minimum setback. There shall be a minimum setback between a freestanding and side property lines. A freestanding sign shall be setback a minimum of 20 feet from any side property line.
(e) 
Maximum number. There shall only be one freestanding sign structure per tract or lot.
(f) 
Front yard location. A freestanding sign may only be erected in the front yard of the tract or lot on which it is located.
(3) 
Incidental signs. Up to four incidental signs may be permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
DD. 
Transition rules. Any permit actually issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid but only until the earlier of the following dates: the date that said permit expires by its own terms or expired under the operation of the former ordinance or 90 days after the effective date of the adoption of this section.
EE. 
Severability.
(1) 
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.
(2) 
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection EE(1), or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(3) 
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection EE(1), or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under Subsection Z. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection Z is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection Z.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(4) 
Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.
A. 
Streets.
(1) 
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all such streets shall have an adequate crown. The arrangement of such streets not shown on the Master Plan or Official Map as adopted by the township shall be such as to provide for the appropriate extension of such streets and conform with the topography as far as practicable.
(2) 
When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to adjoining lands.
(3) 
Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.
(4) 
In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan or Official Map or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Bethlehem Township." If the development is along one side only, 1/2 of the required extra width shall be dedicated, and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.
(5) 
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street, although a greater width may be required in accordance with the following schedule, and provided, further, that an applicant may submit a traffic study substantiating a road width less than that indicated on the following schedule, and the Planning Board, at its discretion and in consideration of the anticipated traffic volumes, may grant permission to construct the road(s) with reduced right-of-way and/or cartway improvements.
[Amended 4-10-1986 by Ord. No. 202-9-86]
Traffic Lanes
Type of Street
Right-
of-
Way Width
(feet)
Maxi-
mum Allow-
able Grade2
(percent)
No.
Width
(feet)
Shoulder Width Within Gutters
(feet)
Width c.s. Gutters on Each Side1
(feet)
Width Be-
tween Gutters and Curbs
(feet)
Arterial
80
7
2 and 2
12 and 13
15
50
Collector
66
8
2
12
8
13
40
Local (primary)
50
9
2
15
10
30
Local (minor)
50
10
2
123
13
24
NOTES:
1 Shall be grass stabilized topsoil, minimum four inches thick.
2 No on-street parking shall be permitted.
3 Except at intersections, where the maximum grade shall not exceed 4%. In addition, no street shall have a grade less than 1%.
(6) 
Intersections.
(a) 
Street intersections shall be as nearly at right angles as possible and in no case shall be less than 80°. Approaches to all intersections involving collector or arterial roads shall follow a straight line or a curve with a radius of not less than 700 feet for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point.
(b) 
Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except that where the frontage is sufficient, more than one street may intersect the arterial or collector street, provided that the streets shall not intersect with the same side of the existing street at intervals at less than 800 feet. The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below below determining the minimum standards for all curblines:
Type of Street
Radius Requirement
(feet)
Arterial
40
Collector
35
Local
30
(7) 
A tangent of at least 100 feet long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the Transportation & Traffic Engineering Handbook, ITE, latest edition.
(8) 
Culs-de-sac shall be no more than 2,400 feet in length but, in any case, shall provide access to no more than 72 dwelling units. A turnaround shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline plus a utility and planting strip of 10 feet around the entire cul-de-sac. The center point for the radius shall be the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street.[2]
[2]
Editor's Note: A diagram of cul-de-sac variations is included at the end of this chapter.
(9) 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Township Committee reserves the right to approve or name streets within a proposed development.
[Amended 2-18-1988 by Ord. No. 202-16-88]
(10) 
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the township, the following standards shall apply:
(a) 
All construction shall be in accordance with the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey State Department of Transportation, and any supplements, addenda and modifications thereto.
(b) 
On all township roads, the base course shall be five inches of bituminous stabilized base, Stone Mix No. I-2, constructed in two layers each of not less than 2 1/2 inches of compacted thickness.
(c) 
The surface course for all township roads shall consist of two inches of bituminous concrete, Type FABC, Mix No. I-5, applied according to the aforesaid New Jersey Department of Transportation specifications and amendments thereto.
(d) 
Where subgrade conditions of proposed street areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe surface drains or an alternate solution approved by the township shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the street surfacing material, as described hereinabove, shall be spread thereon.
B. 
Curbs. Curbing, either belgian block, granite or concrete, may be required along both sides of all streets, at the discretion of the Planning Board. All curbing shall be laid in the manner approved by the Township Engineer, including both horizontal and vertical alignments. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.
C. 
Sidewalks and aprons.
(1) 
Sidewalks and aprons may be required on both sides of all existing and proposed streets, at the discretion of the Planning Board, depending upon the probable volume of pedestrian traffic, the general type of development intended and any alternate plans proposed for the movement of people and bicycles.
(2) 
Where required, sidewalks shall be at least four feet wide and shall be four to six inches thick, constructed on a subgrade properly prepared with four-inch base course of pea gravel or equivalent. Sidewalks, aprons and sidewalks at aprons shall be concrete.
[1]
Editor's Note: See also Ch. 136, Streets and Sidewalks.
A. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 75% of the rear and/or side yard area(s) in which it is located and shall be located no closer to any lot line than the setback distance specified for accessory structures in Article IV or VI, as the case may be.
B. 
A private residential swimming pool area must be enclosed by a suitable fence with a self-latching gate at least four feet but no more than six feet in height. All new and existing swimming pools must be fenced in compliance with the provisions of this section within six months of the effective date of this Code.
[Amended 2-7-1991 by Ord. No. 255-91]
C. 
No commercial swimming pool shall be constructed or installed unless approved by the Planning Board as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or Chapter 9 of the State Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 8:26), whichever is more stringent.
[Amended 2-7-1991 by Ord. No. 255-91]
A. 
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
B. 
Where no public water is accessible, water shall be furnished on an individual-lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum 50 feet of casing, where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Laws of 1954[1]), as amended, and in accordance with the guidelines and resolutions adopted by the Township Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the Township Board of Health that he complied with all applicable state and local regulations.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
See § 102-57.