Article VI Exceptions, Modifications and Development Alternatives

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

Landscaping, including shrubs, trees and lawns, shall be provided and maintained. (See § 102-23 regarding standards pertaining to natural features and landscaping.)

[Amended 12-6-2001 by Ord. No. 255-32-2001]

Off-street parking shall be provided as determined by the Planning Board during site plan review.

Car washes.

All mechanical activities must be conducted within a totally enclosed building.

Off-street parking shall be provided in accordance with the following schedule: three access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for every one employee. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.

All of the other area, yard, building coverage, height and general requirements of the respective zone and other applicable requirements of this chapter must be met; specific attention shall be given to the control of water discharge from the site.

Motels.

Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of, but in addition to, a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.

Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.

Each unit of accommodation shall include a minimum of two rooms; a bedroom and a separate bathroom. No more than 20% of the units shall include cooking facilities within said unit.

There shall be a residency limitation on all guests of 30 days maximum, provided that the residency limitation shall not apply to an employee living on the premises.

Off-street parking shall be provided at the ratio of 1 1/4 spaces per room.

All of the other area, yard, building coverage, height and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Research complexes.

The term "research complex" shall mean and include research and engineering activities involving scientific investigation, engineering study, product development and similar activities not involving the manufacturing, retail sale, processing, warehousing, distribution or fabrication of material, products or goods except as incidental to the principal permitted uses.

The minimum tract size shall be 100 contiguous acres not separated by any public roads.

The tract of land shall have at least 500 feet of continuous frontage on an existing or proposed arterial or primary collector roadway.

The maximum lot coverage shall be 30%, and conversely, no less than 70% of the tract shall be left in its natural state and/or used for agricultural purposes.

All buildings and parking areas shall be a minimum distance of 300 feet from all lot lines and exterior roads except as provided in Subsection D(6) hereinbelow.

Entrance lodges, walls, gates and similar improvements may not be located closer than 75 feet to any lot line.

Service or entrance roads, streets or driveways shall not be located closer than 150 feet to any property line.

Each property shall be appropriately landscaped, particularly along its frontages. Existing woodlands, windbreaks and watersheds shall be preserved as far as the standards of good conservation practice require. When natural features do not comprise an effective screen along side or rear property lines which are adjacent to existing residences, a buffer line shall be provided, at least 50 feet in depth and in accordance with the requirements specified in § 102-51B(3)(t) of this chapter.

The maximum floor area ratio (FAR) shall be 0.175.

No building shall exceed 40 feet in height except as provided in § 102-36B of this chapter.

Off-street parking shall be provided at the ratio of one space for every 1,000 square feet or fraction thereof of floor area used for inside storage, plus one space for every 700 square feet or fraction thereof of floor area used for research or engineering, plus one space for every 300 square feet or fraction thereof of floor area used for offices.

Permitted accessory uses shall include an educational or scientific conference center with provisions for feeding and sleeping of guests therein, provided that the use of such facilities is directly related to the principal use and is not open to the general public.

Each research complex may have one freestanding sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 20 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any property line a minimum of 100 feet, shall not exceed an area of 75 square feet and shall be used only to display the name of the enterprise. Additional signs may be permitted as appropriate and necessary for informational purposes.

(14)

All other applicable requirements of this chapter must be met.

Senior citizen housing.

No site shall contain less than 10 acres.

The maximum residential density shall not exceed 15 dwelling units per gross acre.

No dwelling unit shall contain more than two bedrooms.

The maximum building height shall not exceed 35 feet and 2 1/2 stories.

A minimum of one parking space shall be provided for each dwelling unit.

Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance Agency.

A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project.

Prior to any township approval, the following prerequisites shall have been accomplished:

Verification that there are adequate utility services and support facilities for the project, including existing and/or proposed public transit and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.

Assurance that the occupancy of such housing will be limited to households, the single member of which or either the husband or wife or both, of which or any of a number of siblings or unrelated individuals of which or a parent of children of which is/are 62 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager on the premises.

Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.

All other applicable requirements of this chapter must be met.

Service stations.

The minimum lot size for service stations shall be one acre and the minimum frontage shall be 200 feet.

No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution.

All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service station but shall be no closer than 50 feet to any future street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, provided that the owners of said motor vehicles are awaiting their repair or disposition.

Landscaping shall be provided in the front yard area equal to at least 20% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area. (See also § 102-23 regarding standards pertaining to natural features and landscaping.)

[Amended 12-6-2001 by Ord. No. 255-32-2001]

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.

Service stations shall provide at least six off-street parking spaces for the first lift, wheel-alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas.

Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 20 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

All of the other area, yard and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Hotels.

Any hotel that may be constructed on a lot or parcel of land must contain a minimum of at least 100 units of accommodation. Hotels also may contain ancillary retail, service, restaurant and convention facilities, provided that said facilities are provided primarily for the use of the hotel occupants.

Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.

Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom. No more than 10% of the units shall include cooking facilities within said unit.

There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises.

Off-street parking shall be provided at the ratio of 1 1/4 spaces per room, plus one parking space for every five seats provided in ancillary restaurant and convention facilities.

No building shall exceed six stories and 60 feet in height.

No building shall be located within 175 feet of any street line, within 150 feet of any rear lot line or within 75 feet of any side lot line.

Building coverage shall not exceed 30% of the lot area.

All of the other area, yard and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Two signs shall be permitted, one freestanding and one attached, each not exceeding an area equivalent to 5% of the first floor portion of the front facade or 100 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.

(Reserved)[1]

Editor's Note: Former Subsection H, Community residences and community shelters, added 2-2-1989 by Ord. No. 202-19-89, was repealed 4-17-2003 by Ord. No. 255-41-2003.

Accessory apartments.

[Added 7-19-2001 by Ord. No. 255-31-2001; amended 12-7-2017 by Ord. No. 444.2017; 12-20-2018 by Ord. No. 444.2018]

"Accessory apartment" shall mean a portion of an existing single-family dwelling or existing accessory structure that has been converted in accordance with the provisions of this section, as applicable, under a Township-sponsored affordable housing program in which public funds are granted for the creation or maintenance of the accessory apartment in exchange for a deed restriction limiting the unit for occupancy by and affordability to a qualified low-income household for a period of at least 10 years. This term may also encompass preexisting, illegal apartments that are legalized through the affordable housing program pursuant to the requirements of this section.

Accessory apartments within a single-family dwelling or existing accessory structure are subject to compliance with all of the following requirements:

The term "accessory apartment" shall be as defined above.

Each new accessory apartment created under the terms of this section shall be deed restricted for occupancy by and affordability to a qualified low-income household. The Township of Bethlehem shall provide a per-unit subsidy not to exceed $25,000 for the creation of a new accessory apartment for a qualified low-income household, for up to a total of three new accessory apartments, not to exceed a total expenditure of $75,000 for the program. The required deed restriction shall be applicable for a period of at least 10 years from the date a certificate of occupancy is issued for the new accessory apartment in accordance with the terms of the Borough's Affordable Housing Ordinance.[2]

Editor's Note: See Ch. 52, Affordable Housing.

No accessory apartment shall be created under the terms of this section unless all of the following apply:

An application has been submitted to and approved by the administrative agent for the accessory apartment program;

The creation of the accessory apartment shall be accomplished as part of the Borough's affordable housing compliance program; and

The accessory apartment shall be deed restricted in accordance with the terms of the Township's Affordable Housing Ordinance, Council on Affordable Housing Rules and the Uniform Housing Affordability Controls and affirmatively marketed in accordance with the terms of the Affirmative Marketing Plan.

The Board of Health shall certify the adequacy of the existing on-site septic system to accommodate the original dwelling plus the accessory apartment. No additional septic system shall be constructed to serve the accessory apartment, and any replacement system, if required, shall not be expanded in its capacity beyond that needed to serve the number of bedrooms in the existing host dwelling unit. In the case of an existing septic system with reserve capacity, the total number of bedrooms representing the sum of the original dwelling plus the accessory apartment not exceeding the reserve capacity may be realized, provided certification of the adequacy of the system to accommodate the total number of bedrooms proposed is provided by the Board of Health.

There is no limit on the number of bedrooms that may be included in any accessory apartment unit, but the total number of bedrooms in both the accessory apartment unit and the host dwelling shall not exceed the preexisting number of bedrooms in the host dwelling unless the existing system has reserve capacity and is certified by the Board of Health as adequate to serve the total number of bed-rooms proposed on the property.

All accessory apartment units shall meet the requirements of N.J.A.C. 5:23-2.4 and 5:23-2.5 following the completion of the conversion.

The property proposed for conversion shall be able to accommodate at least three off-street parking spaces having direct and unrestricted driveway access and not blocked by any other parking space.

The provisions of this section shall expire automatically when three accessory apartments have been approved or when funds are no longer available to subsidize accessory apartment conversions, whichever occurs later.

Plans and elevations.

An applicant seeking to create an accessory apartment shall submit to the administrative agent:

A sketch of the existing host dwelling floor plan.

A sketch of the proposed floor plan showing the location, size and relationship of both the accessory apartment and the primary or host dwelling;

Rough elevations showing the modification of any exterior building facade to which a change is proposed [i.e., to accommodate a building entrance or new window(s)]; and

[d]

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; and the required number of parking spaces pursuant to Subsection I(2)(g) above.

All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.

After the creation of the accessory apartment, the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.

A converted dwelling shall not have more than the existing number of entrances along the front of the building. All new entrances to either the primary (host) or accessory dwelling units shall be located on the sides or rear of the building, except in the case of conversion of an existing accessory building to an accessory apartment.

(l)

No new unenclosed exterior stairways shall be allowed on the front of the building.

(m)

No dwelling shall occupy any floor above the second floor except that existing space above the second floor may be used for storage or sleeping rooms for a second floor dwelling, provided that all applicable construction code requirements are met. No dwelling shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.

(n)

An accessory apartment unit shall contain the following minimum gross floor area per unit:

Efficiency: 450 square feet.

One-bedroom: 550 square feet.

Two-bedroom: 660 square feet.

(o)

Preexisting unauthorized accessory apartments may be legalized under this section without penalty to the property owner, but with no public subsidy provided, if all of the foregoing criteria as well as the following criteria can be met:

The unit is currently vacant.

If the unit is currently in substandard condition, it can be brought up to standard condition before a certificate of occupancy is issued.

The unit will be affirmatively marketed pursuant to the Township's Affirmative Marketing Plan.

§ 102-36 General exceptions and modifications.

The unit will be deed restricted for occupancy by and will remain affordable to a qualified low-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of the Township's Affordable Housing Ordinance and the rules of the Council on Affordable Housing.

Solar energy facilities. (See Article VI, § 102-37.3, entitled "Solar energy facilities" to reference the complete solar ordinance and standards.)

[Added 5-3-2012 by Ord. No. 255.55.2012]

Christmas tree sale. The annual sale of Christmas trees is permitted in the AR, MR, NC, HC, GC, ROM and MFG Zones between December 1 and December 25, inclusive.

Height limits. Except for single-family dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building; or skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 20% more than the maximum height permitted for the use in the district, except that farm silos and barns for farming purposes associated with farming shall have no height restrictions.

Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district. Additional commercial vehicles as described herein shall be permitted, provided that they are garaged at all times when not in use. The provisions of this chapter must be met on the single lot for which the use is accessory to the main use of the premises. This provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes.

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

§ 102-37 Townhouses and apartments.

No townhouse or apartment dwelling unit shall be constructed in the township unless the dwelling is part of an approved site plan and unless the following minimum standards are met, in addition to other applicable requirements of this chapter:

Each building and complex of buildings shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing rooflines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Planning Board for review and approval.

All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building that they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parallel or diagonal parking along interior streets. Moreover, at least one garage shall be provided for each unit unless specifically waived by the Planning Board.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

Each building shall contain a single master television antenna system which shall serve all dwelling units within the building.

Each dwelling unit shall have the following minimum net habitable floor areas, provided that these areas are not larger than those required by the New Jersey Housing Finance Agency:

One-bedroom unit: 750 square feet.

Two-bedroom unit: 900 square feet.

§ 102-37.1 Wireless telecommunications towers and antennas.

Three-bedroom unit: 1,200 square feet.

For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.

No townhouse dwelling unit shall be less than 20 feet wide.

[Added 4-16-1998 by Ord. No. 255-12-98]

Purpose.

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

Encourage the location of towers in nonresidential areas.

Minimize the total number of towers throughout the community.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Consider the public health and safety of communication towers.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

In furtherance of these goals, the Township of Bethlehem shall give due consideration to the Township of Bethlehem's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas. This section further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This section expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.

[Amended 4-21-2011 by Ord. No. 255.12.3.2011]

Definitions. As used in this section, the following terms shall have the meanings set forth below:

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

APPROVING AUTHORITY

The Planning Board with respect to conditional use permits, Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70d(1) and (3) or the Zoning Officer for permitted uses with respect to this section and applicable township Code provisions, as well as applicable state and federal law.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.

Any tower or antenna for which a building permit or other permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to the Township Code on property owned, leased or otherwise controlled by the Township of Bethlehem.

STEALTH TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers or monopole towers. Guyed towers are not permitted within the township. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

Applicability.

New towers and antennas. All new towers or antennas in the Township of Bethlehem shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.

Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7), absent any enlargement or structural modification or the addition of any structures.

Satellite dish antennas. This section shall not govern any parabolic satellite antennas.

General requirements.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other township land development regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Township of Bethlehem or within 12 miles of any border of the township thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Bethlehem; provided, however, that the Zoning Officer is not by sharing such information in any way representing or warranting that such sites are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the township, be painted a neutral color so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view without blocking the transmission signals. The foregoing may include, but shall not necessarily be limited to, stealth measures such as special paint treatment, concealment through such architectural means as a bell tower, steeple, etc., or the use or camouflage through simulated foliage so as to appear as a tree.

[Amended 10-19-2000 by Ord. No. 255-12-2-2000]

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. Towers shall not be artificially lit, unless required by the FAA. It is the intent of the township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views, while still complying with both FAA and FCC standards and regulations.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Bethlehem concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Not essential services or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Bethlehem have been obtained and shall file a copy of all required franchises with the Zoning Officer.

Public notice. For purposes of this section, any conditional use or variance request shall require public notice in accordance with § 12 of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-12.

[Amended 4-21-2011 by Ord. No. 255.12.3.2011]

Signs. No signs shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.

Multiple antenna/tower plan. The Township of Bethlehem encourages the users of towers and antennas to collocate antennas where technically, practically and economically feasible. Applications for approval of collocation sites shall be given priority in the review process.

Permitted uses.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.

Permitted uses. The following uses are specifically permitted:

Antennas or towers located on property owned, leased or otherwise controlled by the Township of Bethlehem, provided that a license or lease authorizing such antenna or tower has been approved by the Township of Bethlehem. However, the township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the township, shall not be governed by this section and shall be subject to the bidding requirements of the Local Public Contracts Law[1] of the State of New Jersey. The township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this subsection.

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure located in the NC, HC, GC and ROM Zones, or to any agricultural structure in the AR Zone, provided that:

[Amended 10-19-2000 by Ord. No. 255-12-2-2000; 4-21-2011 by Ord. No. 255.12.3.2011]

The antenna does not exceed 10 feet more than the maximum building height for the zone wherein the structure is located.

The antenna complies with all applicable FCC and FAA regulations.

The antenna complies with all applicable building codes.

The antenna complies with Subsection F(2)(f), including designs, materials and placement of reinforced plastic panels.

Conditional use permits and variance applications.

List of conditional uses. The following uses may be approved by the applicable approving authority as conditional uses:

Antennas on existing towers consistent with the terms of Subsections F(1)(a) and (b) below:

[Amended 10-19-2000 by Ord. No. 255-12-2-2000]

An antenna may be attached to an existing tower in the HC, NC, GC, AR and ROM Zones and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:

[Amended 4-21-2011 by Ord. No. 255.12.3.2011]

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the approving authority specifically allows reconstruction as a monopole.

Height.

[i]

An existing tower may be modified or rebuilt to a taller height not to exceed the maximum tower height established by this section.

[ii]

The height change referred to in Subsection F(1)(a)[1][b][i] may only occur one time per each additional user of the tower in question, up to a maximum of three times per tower.

[iii]

The additional height referred to in Subsection F(1)(a)[1][b][i] shall not require an additional distance separation as set forth in Subsection F. The tower's premodification height shall be used to calculate such distance separations.

On-site location.

[i]

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.

[ii]

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

[iii]

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection F. The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection F.

New towers.

New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and state law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the approving authority:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

A legal description of the entire tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

[d]

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

[e]

A landscape plan showing specific landscape materials, including species type, size, spacing and existing vegetation to be removed or retained.

[f]

Method of fencing and finished color and, if applicable, the method of camouflage.

[g]

A description of compliance with Subsection D(3) through (7), (9), (10), (12) and (13) and all applicable federal, state or local laws.

[h]

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[i]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the township.

[j]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[k]

A description of the feasible locations of future towers or antennas for the applicant within the Township of Bethlehem, based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.

[l]

A visual study depicting where, within a one-mile radius, any portion of the proposed tower could be seen.

[m]

A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the Hunterdon County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

[n]

Documentary evidence regarding the need for the tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower at a particular location within the township. The evidence shall include a radio frequency engineering analysis of the search area for the tower.

Factors considered in granting conditional use permits or variances for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 102-35 of this chapter, the approving authority shall consider the following factors in determining whether to grant a variance or to issue a conditional use permit:

Height of the proposed tower.

Proximity of the tower to residential structures and residential district boundaries.

Nature of uses on adjacent and nearby properties.

Surrounding topography within a radius of five miles.

Surrounding tree coverage and foliage within a radius of five miles.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Proposed ingress and egress.

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection F(4) of this section.

[Amended 10-19-2000 by Ord. No. 255-12-2-2000]

Availability of proposed tower to other potential users.

All relevant criteria set forth by the New Jersey Supreme Court in Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment, _____ N.J. _____ (1998), including whether the proposed tower is particularly suited for the proposed site.

Applicant to demonstrate efforts to site new antennas; priority schedule.

[Added 10-19-2000 by Ord. No. 255-12-2-2000[2]]

The applicant shall demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner:

[Amended 4-21-2011 by Ord. No. 255.12.3.2011]

Priority	Zone
1	Municipally owned property
2	Antennas on existing structures in the AR Zone
3	Towers in the AR Zone
4	Antennas on existing structures in the HC, NC, GC and ROM Zones
5	Towers in the HC, NC, GC and ROM Zones.

For applications for sites in priority area five in § 102-37.1F(3)(a) above, the applicant shall, in addition to the demonstrations required in § 102-37.1F(3)(a), submit a statement setting forth that the applicant examined at least two sites other than the site that is the subject of the application and the reasons said sites were not acceptable to the applicant.

Editor's Note: This ordinance also redesignated § 102-37.1F(3) through (10) as § 102-37.1F(4) through (11), respectively.

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:

Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.

Accessory buildings must satisfy the minimum zoning district setback requirements.

No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.

Separation. The following separation requirements shall apply to all towers and antennas for which a variance or conditional use permit is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1
Separation From Off-Site Uses/Designated Areas

Off-Site Use/Designated Area	Separation Distance
Base of tower to:
Residential, buildings, public parks and buildings, public or private schools, municipal buildings (unless the tower is located on the site of the municipal building itself), libraries or houses of worship and any site designated on the federal, state or municipal historic register	500 feet or 300% of the height of the tower, whichever is greater
Vacant residentially zoned land	500 feet or 300% of the height of the tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses	At least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

TABLE 2
Separation Distances Between Towers - Types

	Lattice (linear feet)	Monopole 100 feet or Greater in Height (linear feet)	Monopole Less Than 100 feet in Height (linear feet)
Lattice	5,000	1,500	750
Monopole 100 feet or greater in height	1,500	1,500	750
Monopole less than 100 feet	750	750	750

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anticlimbing measures.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

See § 102-23 regarding other standards pertaining to natural features and landscaping.

[Added 12-6-2001 by Ord. No. 255-32-2001]

Height. The maximum height of new towers shall be:

For single user, up to 100 feet in height.

For two users, up to 120 feet in height.

For three or more users, up to 150 feet in height.

Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required by the zone district in which located.

General requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the approving authority:

If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.

Applications for variances and conditional use permits under this subsection shall be subject to the procedures and requirements of Chapter 102, Land Use and Development, of the Township Code, except as modified in this section, or any other applicable township code, state and/or federal law.

In granting a conditional use permit or variance, the approving authority may impose conditions to the extent that the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

An applicant for a variance or conditional use permit shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as follows:

	Application Charge		Escrow Account
If no new tower is proposed	$1,000	plus	$2,000
If a new tower is proposed	$5,000	plus	$5,000

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted as conditional use only in the HC, NC, GC and ROM Zones.

No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Township of Bethlehem and subject to the provisions of Subsection E(2).

The application fee and escrows shall be paid as required herein.

Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.

Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 calendar days of receipt of notice from the Township of Bethlehem notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 calendar days shall be grounds for the township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer, for such construction as required under all applicable township ordinances.

Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.

§ 102-37.2 Small wind energy systems.

[Added 8-19-2010 by Ord. No. 255.55.2010]

Purpose. The purpose of this section is to:

Facilitate the permitting of small wind energy systems.

METEOROLOGICAL TOWER or MET TOWER

Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATOR

The Bethlehem Township Land Use Zoning Officer.

BOARD

The Township of Bethlehem or other authority having jurisdiction.

A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this section.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SMALL WIND ENERGY SYSTEM

A wind energy system, consisting of a wind turbine, a tower and associated control or conversion electronics, that:

Is used to generate electricity for on-site consumption;

Has a rated capacity consistent with applicable provisions of the State Uniform Construction Code;

Is no higher than necessary to capture the wind energy resource, but shall not have a system height in excess of 100 feet; and

Includes an automatic overspeed governing system.

SYSTEM HEIGHT

In relation to a wind energy system, the height above grade of the tower plus the wind generator from the ground to the tip of a wind generator blade when the tip is at its highest point.

TOWER

A monopole or lattice-type, freestanding, or guyed structure that supports a wind generator.

WIND ENERGY SYSTEM

A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND GENERATOR

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components mounted on top of the tower needed to generate, store and/or transfer energy.

Standards. A single small wind energy system shall be a conditional use in all zones subject to the following requirements:

Setbacks. A wind tower for a small wind energy system shall be set back from the property lines a distance equal to 150% of the total height of the small wind energy system. No wind energy system shall be erected in the front yard of any lot. No portion of the wind generator shall extend beyond the setback line or into the following:

Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way;

Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

Access.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval. Only a lattice tower will be permitted for a small wind energy system to be installed along any ridgeline.

Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.

Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.

Noise level. Except in extreme wind events or during utility outages, the noise level of any small wind energy system shall not exceed 65 dB(A), measured from any property line.

Landscaping. The applicant shall comply with the Township's landscaping requirements as set forth in § 102-23 of the Township's Land Development Ordinance.

Compliance. Small wind energy systems shall be built and conform to any and all outside governmental agencies exercising jurisdiction, including, but not limited to, the Federal Aviation Administration and applicable airport zoning regulations.

Permit requirements.

Permit. A zoning permit shall be required for the installation of a small wind energy system.

Documents. The zoning permit application shall be accompanied by a plot plan which includes the following:

Property lines and physical dimensions of the property;

Location, dimensions, and types of existing major structures on the property;

Location of the proposed small wind energy system tower and the required setback, as required in Subsection C(1);

The right-of-way of any public road that is contiguous with the property;

Any overhead utility lines;

Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed);

Fees. The application for a zoning permit for a small wind energy system must be accompanied by the fee required.

Expiration. A permit issued pursuant to this section shall expire if:

The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or

The small wind energy system is out of service or otherwise unused for a continuous twelve-month period.

Site plan. Site plan approval from the Planning Board shall only be required for the installation of a small wind energy system in excess of 25 feet in height.

Abandonment.

A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.

If the owner provides information that demonstrates the small wind energy system has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

If the Administrator determines that the small wind energy system has been abandoned, the owner of the small wind energy system shall remove same at the owner's sole expense within six months after the owner receives the notice of abandonment.

If the owner fails to remove the small wind energy system in the time allowed under Subsection E(5) above, the Administrator may pursue legal action to have the wind generator removed at the owner's expense.

Zoning permit procedure.

An owner shall submit an application to the Administrator for a zoning permit for a small wind energy system.

The Administrator shall issue a permit or deny the application within one month, as consistent with the Municipal Land Use Law[1] of the date on which the application is received.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

If the application is approved, the Administrator will return one signed copy of the application with the zoning permit and retain the other copy with the application.

If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to the appropriate appeals authority. The applicant may reapply if the deficiencies specified by the Administrator are resolved.

Violations; exemption.

It shall be unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section.

It shall be unlawful for any person to not promptly make repairs to or cure any damage or unsafe condition on a small wind energy system.

Small wind energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions at Subsection E regarding abandonment.

Administration and enforcement.

This section shall be administered by the Administrator or other official as designated.

The Administrator may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

The Administrator may issue orders to abate any violation of this section.

The Administrator may issue a citation for any violation of this section.

The Administrator may refer any violation of this section to legal counsel for enforcement.

Penalties.

Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in the chapter and section of the appropriate zoning code.

Nothing in this section shall be construed to prevent the Bethlehem Township Board from using any other lawful means to enforce this section.

§ 102-37.3 Solar energy facilities.

[Added 5-3-2012 by Ord. No. 255.55.2012]

Purposes and goals.

Purpose. The purpose of this section is set forth as follows:

Whereas, the New Jersey Legislature has amended the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL") to permit solar energy facilities in industrial zones on sites of 20 or more acres (N.J.S.A. 40:55D-66.11), to recognize solar or photovoltaic energy facilities and structures as inherently beneficial uses (N.J.S.A. 40:55D-4), and to require that solar panels, as defined in the MLUL, not be included in calculation of impervious surface or impervious cover in subdivision, site plan, and converted development applications, or in connection with stormwater management plans (N.J.S.A. 40:55D-38.1, 40:55D-46.6, 40:55D-95);

Whereas, the New Jersey Legislature has also amended the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., regarding solar energy and preserved farmland, commercial farmland, and agricultural and horticultural uses of land, including for taxation and farmland assessment purposes;

Whereas, the Farmland Assessment Act has been amended to permit solar energy generation facilities, structures, and equipment to be constructed or installed on no more than 10 acres of property subject to farmland assessment and, if power is being generated, no more than two MW of power generated on the 10 acres or less, provided the ratio does not exceed one acre of land devoted to such facilities, structures, and equipment to five acres of land devoted to agricultural or horticultural operations (N.J.S.A. 54:4-23.3c);

Whereas, the Right to Farm Act permits solar energy generation facilities, structures, and equipment on preserved farmland if they do not interfere significantly with the use of the land for agricultural or horticultural production, and generate no more than 110% of the previous year's energy demand, with certain exceptions, or occupying no more than 1% of the farm (N.J.S.A. 4:1C-32.4);

Whereas, grid-scale, multimegawatt-generating solar facilities are extremely consumptive of land and as such are competitors with agriculture for the use of prime agricultural soils;

Whereas, the useful life of solar panels is approximately 25 years; however, developers may require longer approval periods to install and make use of upgraded solar technology;

Whereas, solar energy facilities create visual impacts on the landscape which may significantly change the character and aesthetic value of the surrounding area, especially in historic, scenic, or mountainous locations;

Whereas, a continuous visual screen consisting of evergreen and deciduous trees and shrubs and/or earthen berms and fencing which will provide a visual barrier from solar energy facilities from adjacent properties and roadways is necessary to mitigate the negative visual impact of grid-scale solar-energy generating facilities;

Whereas, site plan considerations may be so intertwined with the consideration of negative impacts arising from use variance applications for solar energy facilities that the approving board cannot make accurate findings without simultaneous site plan review;

Whereas, solar energy facilities are not exempt from assessment of negative impacts and subsequent consideration of appropriate conditions for mitigation or from satisfying both positive and negative criteria when requesting "C" bulk variances; and

Whereas, forest resources are a vital natural resource which provide for groundwater recharge and surface water filtration, wildlife habitat, a source of renewable wood products, and scenic beauty, which is a defining feature of Bethlehem Township.

Goals. The goals of this section are to:

Reflect legislation and rules created to facilitate the production of alternative forms of energy.

Reduce potential land-use conflicts and impacts associated with solar energy facilities.

Retain prime agricultural soils for agricultural use.

Protect forest, scenic and historic resources.

Differentiate between residential-scale, farm-scale, and utility- or grid-scale solar energy facilities.

Provide standards for buffering and screening of solar energy facilities.

FARM-SCALE SOLAR-ENERGY GENERATING FACILITY

Provide for proper decommissioning of a solar energy facility after the useful life of the solar array.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DEFORESTATION

The conversion of forested areas to nonforested areas, whether for use as urban land, or any other nonforest land use; disturbance of an area characterized as "forest" the extent or effect of which is to disqualify the area from such designation.

FARM MANAGEMENT UNIT

A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.

A ground-mounted solar energy facility that is rated to generate no more than two megawatts (MW) of electricity, constitutes an accessory use on farmland-assessed property, and does not exceed a ratio of one acre of solar energy facility to five acres of agricultural production, and occupies no more than 10 acres of total land area. Roof-mounted solar energy facilities shall not contribute to the above-mentioned ratio or the two-MW or ten-acre limitations.

FOREST

A forested area as determined under the Highlands Water Protection and Planning Act Rules at N.J.A.C. 7:38-3.9(b).

GRID-SCALE SOLAR-ENERGY GENERATING FACILITY

A solar-energy generating facility which is rated to produce greater than two megawatts (two MW) of electricity and which constitutes a principal use on the property.

INDUSTRIAL

Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods. This does not include recycling operations or quarrying operations or reclamation.

NEIGHBORING RESIDENTIAL PROPERTY

Properties that abut the subject site, properties located directly across the street from the subject site, or, in the case of hillsides or mountainsides overlooking the subject site, properties within 500 feet of the subject site.

PRESERVED FARM SOLAR-ENERGY GENERATING FACILITY

A ground-mounted solar-energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous year's energy demand for the farm management unit or 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two megawatts (two MW) of electricity. Roof-mounted solar energy facilities on existing structures shall not contribute to the maximum electricity production of 110% or the two-MW maximum or one-percent area limitation.

RESIDENTIAL-SCALE SOLAR-ENERGY GENERATING FACILITY

A solar energy facility that is rated to generate no more than 110% of the historical energy use from the previous year of the meter connected to the solar energy system and which constitutes an accessory use to a principal residential use.

SOLAR ENERGY FACILITY

A solar or photovoltaic energy facility or structure, and all associated equipment, for the purpose of generating electrical energy or heat or hot water produced from solar or photovoltaic technologies, other than solar reflective or concentrating technology, whether such facility or structure is a principal use, a part of the principal use, a conditional use, or an accessory use or structure.

SOLAR PANEL

An elevated panel or plate, or a canopy or array thereof, or solar collector that captures and converts solar radiation to produce electrical energy or hot water, and includes flat plate, or photovoltaic solar cells, excluding solar reflective or concentrating technology.

General requirements. The following general requirements shall apply to solar energy facilities, regardless of whether they are accessory, conditional, or principal uses:

Solar energy facilities shall be permitted to be ground mounted with certain limitations and mounted to the roof of principal and accessory structures and buildings only where expressly permitted in each zoning district.

For the purposes of this section, a solar energy facility shall mean the aggregate of all solar energy facilities constructed on a site or on a farm management unit.

Solar energy facilities utilizing concentrating solar or reflective solar technologies are prohibited.

Ground-mounted solar energy facilities which are accessory uses shall not exceed an area of 12,000 square feet.

Ground-mounted solar energy facilities which are principal uses shall not exceed fifty-percent lot coverage.

A solar energy facility which exceeds any of the following provisions shall be considered a principal use:

A ratio of one acre of solar energy facility to five acres of agricultural or horticultural production;

Ten acres in total land area devoted to solar energy facility;

Two MW total energy production.

All roof-mounted solar energy facilities shall be accessory uses.

Solar energy facilities shall not be counted in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the facility (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations.

Ground-mounted solar energy facilities contained within an area of 2,000 square feet (including the aggregate area of multiple systems) to 10 acres shall require minor site plan approval prior to obtaining a zoning permit; smaller systems shall not require site plan approval. Systems greater than 10 acres in size shall require preliminary and final site plan approval prior to obtaining a zoning permit. The Planning Board, or site plan subcommittee of the board appointed by the chairman, may waive the requirement for minor site plan approval, provided the proposed facility is reasonable and within the general purpose and intent of the regulations and standards established by this chapter.

Ground-mounted solar energy facilities greater than 2,000 square feet shall provide one or more of the following beneath the structures: meadow grasses, agricultural area for crops or grazing farm animals, or other stabilization methods approved by the Planning Board.

Site disturbance, including but not limited to, grading, soil removal, excavation, and soil compaction, in connection with installation of solar energy facilities, including ground-mounted systems, shall be minimized to the extent practicable.

Where the site is intended to return to agricultural use after the decommissioning of the solar facility, no cut and fill of soil shall be permitted to construct the solar facility.

Mounting of ground-mounted solar energy facilities shall be accomplished without the use of footings, concrete, or other impervious surfaces to the extent practicable.

(14)

Roadways constructed within the site to access a solar energy facility shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction.

(15)

Forest sites shall not be deforested to construct solar energy facilities.

(16)

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for solar energy facilities.

(17)

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(18)

There shall be no signs that are visible from any public road posted on a solar energy facility or any associated building or structure, other than the manufacturer's or installer's identification, appropriate warning signs, or owner/operator identification.

(19)

Noise generated by any portion of the solar energy facility, including inverters, shall not exceed 55 dBA during the day and 40 dBA at night at the property line and shall not be audible within nearby public or private schools, houses of worship, day-care facilities, or residential dwellings.

(20)

A permit issued pursuant to this section shall expire if:

The solar energy facility is not installed and functioning within 24 months from the date the permit is issued; or

The solar energy facility is out of service or otherwise unused for a continuous eighteen-month period.

(21)

A solar energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Township may issue a notice of abandonment to the owner of a solar energy facility that is deemed to have been abandoned. The notice shall be sent certified mail, return receipt requested.

The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.

If the owner provides information that demonstrates the solar energy facility has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

If the Township determines that the solar energy facility has been abandoned, the owner shall remove the facility, including all solar panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment, at the owner's sole expense within six months after the owner receives the notice of abandonment.

If the owner fails to remove the solar energy facility in the time allowed under Subsection C(21)(d) above, the Township may pursue legal action to have the solar energy facility removed at the owner's expense.

(22)

Where site plan approval is required, in addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

Location of proposed and existing overhead and underground utility and transmission lines.

Location of any proposed or existing substation, inverter, transformer or equipment enclosures.

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.

For solar energy facilities over two MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

Location of existing hedgerows and vegetated windbreaks.

Landscape maintenance plan that demonstrates how the ground cover and screening plantings will be maintained.

Decommissioning plan documenting how the property will be restored once the solar energy facility has been removed and an estimate of the cost of decommissioning.

Major site plan applications shall include an acoustical analysis.

Major site plan applications for solar energy facilities over two MW shall include documentation detailing the available capacity of the existing electric infrastructure in the region and the effect the proposed facility will have thereon.

For projects over two MW, interconnection agreement with the regional electricity transmission organization, PJM.

Principal use requirements. The following requirements shall apply to solar energy facilities where they are permitted or conditional principal uses:

Minimum lot size shall be 20 contiguous acres.

The following setbacks shall apply to ground-mounted systems:

Front yard: 100 feet.

Side yard: 100 feet, or not less than 200 feet where a lot abuts a residential district.

Rear yard: 50 feet, or not less than 100 feet where a lot abuts a residential district.

Substations and inverters shall be set back a minimum distance to achieve no discernable difference from existing noise levels at the property line.

The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the Planning Board, that the proposed screening provides a year-round visual screen of the facility from neighboring residential properties.

The proposed solar energy facility shall comply with the buffer requirements in § 102-23L and be designed to comply with the industrial standards in Table 7 therein.

Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the Planning Board.

Fencing shall be required at a height of six feet on nonresidential properties where deemed by the Planning Board to be necessary for health, safety or welfare.

Ground-mounted systems shall not be located in wetlands, floodplains, riparian areas, historic districts, or scenic viewshed corridors and shall be subject to all New Jersey Department of Environmental Protection regulations and permitting.

Grid-scale solar energy facilities shall not be located on properties with greater than eighty-five-percent prime agricultural soils with the exception of properties in the ROM and MFG zoning districts.

No site may be deforested to construct a grid-scale solar-energy generating facility.

Accessory use requirements. The following requirements shall apply to solar energy facility accessory uses whether they are residential-scale, farm-scale solar energy facilities or accessory to commercial uses:

A zoning permit must be issued for all systems.

Roof-mounted systems shall not exceed the maximum building height in the zone district.

Ground-mounted systems shall meet the side and rear yard setback standards for accessory structures in the zone in which the structure is located.

Ground-mounted systems contained within an area of 2,000 square feet or greater shall be screened from public rights-of-way and neighboring residential uses. A solid screen of plantings shall be provided along rights-of-way and plantings, or a solid fence shall be provided along property lines shared with a residential zone district. The minimum height of the screening shall be five feet. Existing vegetation shall be retained to the extent practical.

For single-family residential sites that contain forest resources as defined by the Highlands Water Protection and Planning Act Rules,[1] deforestation is limited to square footage of solar panels that will provide a maximum of 110% of the previous year's energy demand for the residence and accessory structures. Clearing of trees shall not extend past the one-hundred-ten-percent limitation to eliminate shadow fall on the solar energy facility.

Editor's Note: See N.J.A.C. 7:38.

Farm-scale solar energy facilities. These conditions relate to farm-scale solar applications whether they are nonpreserved farms or preserved farms.

On nonpreserved, farmland-assessed farms, ground-mounted facilities shall be permitted on a farm management unit, provided the area of solar energy facility does not exceed a ratio of one acre devoted to the solar facility to five acres devoted to agriculture or horticultural operations (approximately 17%). A maximum of 10 acres may be devoted to the solar energy facility on a farm management unit. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two MW of electricity.

A solar energy facility on a preserved farm shall be permitted at a scale of energy production not to exceed 110% of the previous year's energy demand for the farm management unit or occupying no more than 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two MW of electricity.

Ground-mounted farm-scale facilities which are to be located as accessory uses on an agriculturally assessed farm or preserved farm shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as possible.

Deforestation for purposes of installing a ground-mounted farm-scale solar-energy generating facility as an accessory use on a site containing forest as defined by the Highlands Water Protection and Planning Act Rules[2] and which site has an approved woodland management plan and is eligible for farmland assessment may not exceed 10% of the site. Such deforestation is permitted only if a ratio of one acre devoted to solar energy facility to five acres of managed woodland is maintained, and a maximum of 10 acres is deforested, including all areas cleared for the facility, support roads, and structures and for lands cleared to eliminate shadow fall on the facility.

Editor's Note: See N.J.A.C. 7:38.

All farm-scale solar-energy generating facilities shall comply with all agricultural management practice rules for solar energy generation established by the State Agricultural Development Committee (SADC).

In no case shall such facilities be located closer than 300 feet to any residential improvement on an adjacent lot.

The solar energy facility location shall avoid prime agricultural soils.

§ 102-37.4 Resource extraction.

[Added 12-20-2012 by Ord. No. 411.2012]

Purpose. It is the intent of this section to license and regulate resource extraction uses for the protection of persons and property and for the preservation of the public health, safety and welfare of the Township of Bethlehem and its inhabitants and to ensure that quarrying operations and reclamation operations shall be conducted in such a manner as to create a minimum of annoyance from noise and dust to nearby property owners or occupants of property, provide for the safety of persons, particularly children and, further, to ensure that the quarried area shall be suitable and reasonably restored to accommodate any of the permitted uses in the zone after quarrying operations have been completed or otherwise terminated.

Approvals, permits and licenses required.

In the MR Mountain Residential zoning district no sand, gravel, rock, earth, minerals, clay or other burden shall be moved or extracted until a conditional use approval and site plan approval is granted from the Township of Bethlehem Planning Board and any licenses required by this or any other ordinance of the Township of Bethlehem. Application for conditional use and site plan approval for resource extraction shall be made to the Bethlehem Township Planning Board in addition to any requirements as hereinafter set in this chapter.

License required. An application for a quarry license shall be made to the Bethlehem Township Committee after the Bethlehem Township Planning Board or Zoning Board of Adjustment has granted a conditional use approval and site plan approval. The memorialized resolution of approval shall accompany the application for a license.

The license shall be valid for a period of three years.

Building permit required. A building permit shall be required after the approval for site plan and conditional use is memorialized and after the Township Committee has issued a license for the operation of a quarry. A new permit shall be required after each subsequent renewal of the quarry license.

Definitions. The following definitions shall apply to resource extraction:

ABANDONED QUARRY SITE

Abandoned uses/termination of operations. Operations should be considered to have been abandoned if:

The operator does not demonstrate his intention to resume operations and keep his bond in force more than one year after operations have ceased in a given site. A new permit would be required prior to further excavation or processing if this occurs.

Within a period of six months, unless extended by written permission by the Bethlehem Planning Board, after notice of the termination by the operator of an extraction operation or after the abandonment of such operation due to its failure to operate according to ordinance standards and requirements, all unused structures, buildings, and equipment along with all buildings, structures and equipment presently used in such operation, shall be dismantled and removed by and at the expense of the operator last operating such buildings, structures and equipment, except such buildings, structures and equipment need not be dismantled and removed as long as they are in good repair and they may reasonably be expected to be used for continued land mining operations or for some other purpose permitted in the zone in which they are located. Further specific steps necessary to complete the reclamation plan shall be undertaken.

ACTIVE QUARRY SITE

A mining operation where land is being disturbed in preparation for and during the removal of a mineral material, not including casual use as defined herein.

BERM

A pile or mound of earth capable of acting as a visual screen or used to control drainage or erosion.

BOTTOM OF EXCAVATION

The generally flat area at the lowest level adjacent to the face of the pit; also commonly known as "toe of slopes."

CASUAL USE

The temporary use of lands for geological investigations (test drilling, sampling, etc.) which do not involve either any significant surface disturbance or site preparation.

CONTIGUOUS LANDS

Lands shall be considered contiguous to each other if they abut each other, or if they are separated by streets, ways, pipelines, electric power lines, conduits or rights-of-way, owned or controlled by third parties.

DISTURBED LAND

Land on which clearing has occurred, excavation has occurred or upon which overburden has been deposited, or both.

EARTH EXTRACTION

The removal of sand, topsoil, gravel, fill dirt or mineral or clay products for sale or use at another site, but not including agricultural operations or the process of grading a lot preparatory to the construction of a structure for which application for a building permit has been made.

EXCAVATIONS or WORKINGS

Shafts, tunnels, entries, winzes, slopes, open cut and any working places and parts of a mine, either above ground or underground, excavated or being excavated, whether abandoned or in use.

FACE or BANK

The sides from the bottom or floor of a pit or quarry to the surface surrounding the pit. Where one or more benches or levels are used in a pit, each bench or level has a separate face.

INACTIVE QUARRY SITE

A mining or quarrying operation where land is not currently being disturbed in preparation for resource extraction, but where intent to abandon the quarry operation is not clearly established. Inactive quarry sites shall make application to the Planning Board for conditional use and site plan approval and apply to the Township Committee for a resource extraction license before commencing resource extraction activities or reclamation activities on site.

MINE

Any mines within the Township, whether on the surface or underground, and any mining plant, material, equipment or explosives on the surface or underground which may contribute to the mining or handling of ore or other metalliferous or nonmetalliferous products. The term "mine" shall also include quarry, sand pit, gravel pit, clay pit and shale pit.

MINE SETBACK

The distance from the bottom of excavation in the case of a dry pit and the normal seasonal high-water line in the case of a wet pit, to a referenced line (i.e., property line, zoning line, right-of-way line) when measured at right angles to the referenced line.

MINING OPERATIONS

Earth extraction, excavations, workings, production, processing, stockpiling, loading and all other functions and accessory uses necessary and related to the proper operation of a mine.

OPERATOR

Individual, partnership, firm, association, trust or corporation responsible for the general operation, management and condition of the facility located at the mining site in question, for which a permit is applied for or granted for any activity covered by this section.

OVERBURDEN

Soil material of any nature (including topsoil), consolidated or unconsolidated, that overlies a mineral deposit of useful materials or ores that are to be mined.

PERMIT AREA

The specific land proposed to be used for mining operations, including required buffers and setbacks, reclamation areas and related plant facilities.

PIT or QUARRY

Includes any excavation, pit, bank or open cut working for the extraction of stone, rock, gravel, sand or any other mineral and shall embrace any and all parts of the property of such quarry or open pit mine that contribute directly or indirectly to the extraction of such mineral.

RECLAMATION

The restoration of an area of land (to include filling, grading, topsoiling, revegetation, equipment removal, etc.) such that the land is made useful for some future use as permitted in the MR zone at the time of the approval of the reclamation plan.

RECLAMATION PLAN

A reclamation plan is a concept plan approved by the Township Planning Board as part of site plan approval for reclamation of the area of land affected by quarrying operations. The reclamation plan shall include an overall plan for the reclamation of the site in order to provide a realistic opportunity to utilize the site for any of the permitted uses in the zone and shall provide a phase plan and bond estimate for the duration of the resource extraction license. The reclamation plan shall include land use objectives, specifications for grading, manner and type of vegetation, such safety devices as shall be used at the site and such maps and other supporting documents as may be required by the Planning Board; said plan shall be prepared by a licensed professional engineer and land surveyor licensed in the State of New Jersey unless otherwise provided by statute.

WET PIT

An excavation in which the bottom is normally wet and the bottom of which is at or below the normal seasonal high-water table.

Requirements for conditional use and site plan approval. Applications for conditional use for mining/extraction use shall be made to the Bethlehem Planning Board.

Submission requirements in addition to site plan requirements.

The name, address and phone number of the applicant, the lessee, the mining operator and the property owner. In case of a lease agreement between the landowner and mining operator, the application shall be accompanied by the written consent of the landowner granting the municipality the right of access to make inspections to ensure compliance during periods of operation and to perform all necessary reclamation of bonded property in the event of forfeiture of the bond.

The name and phone number of the person responsible for the daily operation of the mining facility, who has the authority to act as agent for the operator.

Brief description of the proposed use.

Interest of applicant if other than owner.

An aerial photograph at a scale of one inch equals 200 feet which accurately reflects the conditions of the site at the time of application with the permit area delineated.

Existing conditions site plan.

A plan prepared at an appropriate scale of one inch equals 100 feet which shall clearly show conditions on the site at the time of application and shall include the following details:

The perimeter metes and bounds data of the proposed permit area, based on physical features, scaled directions and scaled distances to the nearest 10 feet.

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet.

All contour information shall refer to a known datum and be based upon a current and accepted field survey with intervals of two feet where slopes are from less than 2% to 15% and with intervals of five feet where slopes exceed 15%. Existing contours shall be shown as a dashed line; finished grade shall be shown as a solid line. Slopes of 15% or more shall be shaded.

Roads or streets within 200 feet of the site showing name, right-of-way width, pavement width and pavement type and any available traffic count data.

Primary and emergency routes of access to the site from dedicated Township or county roads showing ownership, pavement width and type, and any easements, if existing.

Any and all easements through or adjacent to the site identifying the width and nature (i.e., electric, drainage, etc.).

Natural land features such as watercourses, drainageways, swamps and wooded areas, as well as any easements, if existing.

Man-made features, such as buildings, equipment structures, dams, dikes and impoundments of water.

Location of soil borings as required in Subsection D(2)(c) below.

Soil type classifications plotted on the plan as determined from the County Soil Survey Report prepared by the United States Department of Agriculture, Soil Conservation Service.

A comprehensive plan which shall show the entire tract (tax parcel) of land with the permit portion delineated, and all adjacent tracts of land owned by the same or related owner. The plan may be prepared at an appropriate scale to enable all tracts to be shown on a single sheet. The following data shall be indicated:

The Municipal Tax Map block and lot numbers and acreage of all parcels.

All other parcels within 200 feet of that parcel of which the proposed permit area is a portion indicating block, lot, owner's name and acreage as determined from most recent municipal tax records.

Present land uses of all parcels shown (i.e., vacant, farmland, dwelling, etc.) and general locations of all existing mining facilities on the owner's or adjacent parcels indicating type of facility (i.e., pits, stockpiles, plants and equipment, etc.).

Previously approved permits, existing variances, and easements.

Soil and groundwater results from soil borings within the permit area at a minimum depth of 10 feet or groundwater, whichever is greater, showing date of boring, depth to groundwater, direction of groundwater flow and log of general soil types encountered. The number and distribution of soil borings to be conducted shall be determined by the Township Engineer based on site-specific conditions.

Water and sediment test to establish quality.

Operational plan.

Purpose. The purpose of an operational plan is to provide the municipality the opportunity to ensure that the operation of a resource extraction facility will conform with the environmental performance standards and the reclamation plan as are required within this section.

A plan prepared at an appropriate scale of no less than one inch equals 100 feet utilizing existing contours and topography and in addition shall show the following details:

Processing with intended uses.

Specific areas to be excavated, including proposed depth of excavation.

Proposed location of principal service or processing buildings, equipment and enclosures.

Phasing of operations showing areas involved serially numbered and projected timetable. This phasing plan and corresponding bond estimate shall be submitted with the application for or renewal of a quarry license indicating the extent of quarrying and reclamation to be conducted during the interval of the license.

Access roads to processing and mining areas indicating type surface, traffic patterns and volumes, and nature of each.

Location of screening berms, overburden storage, and topsoil stockpiles with notes provided indicating when they will be used as reclamation material and temporary treatment to prevent erosion.

Fences and gates, including their type of construction.

Site drainage features indicating flow directions.

An operational statement which shall clearly describe the intended general method and sequence of the operation and shall include, but not be limited to, the following:

The approximate date of commencement of the excavation and the duration of the operation.

Proposed hours and days of operation.

Estimated type volume and final depth.

Method of extracting and processing, including the disposition of overburden or with a detailed blasting plan approved by the Township Engineer.

Equipment proposed to be used in the operation of the excavation.

A description of the sequence of the operation indicating, for the serially numbered areas in § 102-37.4D(3)(b)[4], the approximate starting dates, phasing, timing and duration.

A preliminary environmental assessment based on existing data which shall include an analysis of the impact of the proposed operation and measures taken to minimize any adverse impacts, in terms of the following conditions:

Physical characteristics, including air quality, hydrology, groundwater, surface water topography and slope, drainage, vegetation, and soil erosion with water and sediment testing.

Wildlife, including fish and aquatic organisms, wild animals, threatened and endangered species.

Where the proposed quarrying operations involve any stream encroachment or stream crossing, wetlands disturbance or dewatering activities, the applicant shall submit a written approval or waiver of such encroachment, crossing, and/or disturbance by the New Jersey Department of Environmental Protection.

Man-made conditions, including sanitary and storm sewer systems, noise characteristics and levels, traffic volume, land use and aesthetics; and impact to adjacent water supply.

Community character, including cultural and historic resources, particularly archaeological significance.

A listing and evaluation of adverse environmental impacts which cannot be avoided.

A thorough description of the steps to be taken to minimize adverse environmental impact before, during, and after construction of the development both at the construction site and surrounding region affected thereby.

A premining and post-mining inspection report that includes the following:

Inspection of off-site structures and facilities within 200 feet of the permit area of proposed mining prior to and at the completion of all mining activities, including but not limited to blasting, excavation, etc.

The report shall include color photographs, date/time of inspection, name of inspector and the pre-/post-mining condition of the structure/facility.

The mining operator shall obtain permission from adjacent owners to access properties and inspect existing structures/facilities. Proof of permission shall be provided to the Township.

Reclamation plan.

Purpose. The purpose of a reclamation plan is to provide the applicant for an extraction operation the opportunity to illustrate and describe the general methods and staging that will be undertaken to preserve the natural resources of the remaining areas of the site for some future development, as required by this section.

A sketch plan prepared at an appropriate scale of one inch equals 100 feet which shall show the following details:

Planned final land grades of the disturbed areas with intervals of two feet where slopes are from less than 2% to 15% and with intervals of five feet where slopes exceed 15%. Existing contours shall be shown as a dashed line; finished grade shall be shown as a solid line. Slopes of 15% or more shall be shaded.

Location and type of existing vegetation associations to remain undisturbed (such as mature wooded areas, successional areas, meadows, etc.).

Estimated final depth of excavation.

Location and nature of existing and proposed surface water features (i.e., lakes, ponds, streams, etc.) and their connections to streams or drainageways.

Permanent buildings, structures or equipment to remain.

Proposed typical landscaping plan indicating type, quantity, and size of plantings.

A statement of alternatives to the proposed development which might avoid some or all of the adverse environmental effects.

Location and nature of any areas to be filled with overburden, including all soil material which overlies the resource to be extracted.

Roads to remain, with nature and condition of each.

Permanent soil erosion and sedimentation control facilities or structures.

[11]

A delineation of the phasing of areas (indicated by letters or numbers) showing the extent of each phase. The phasing plan shall correspond to the license interval.

[12]

A bond estimate for the phase plan which will be satisfactory to the Township Engineer and which form is approved by the Township Attorney.

[13]

A performance bond corresponding to the active phase plan shall be posted and shall remain in effect during the interval of the resource extraction license. Upon renewal of the license an updated phase plan, bond estimate and performance bond shall be submitted for review and approval by the Township Engineer and Attorney.

A reclamation statement which shall clearly describe the methods of accomplishment, phasing and staging sequence and shall include but not be limited to the following:

Description of the planned phasing indicating areas to be reclaimed and sequence and staging. This should be related to the operational plan and should clearly indicate that state of reclamation to be accomplished during the interval of the resource extraction license.

Methods to be used to stabilize slopes or excavated areas.

Analysis of stability of filled areas and methods to be utilized for stabilization, if necessary, to prevent "quicksand" or caving conditions.

Methods planned to prevent stagnation and pollution.

Methods used to prevent soil erosion and sedimentation runoff.

Analysis of existing and cover soil and methods used to establish vegetation (i.e., fertilization, planting period, etc.).

Method of disposing of any equipment or structures used in the mining operation upon completion.

Description of the degree of flexibility considered to be needed in execution of the plan.

Vegetative management plan describing methods to ensure satisfactory vegetative cover, establishment of proper growth, and steps to be taken to remedy unsuccessful plantings.

Escrow account maintained for inspections: $3,500.

[11]

On-site toilet facilities for reclamation workers.

[12]

Soil erosion and sediment control plan implemented before reclamations.

[13]

Before introducing any new fill sources on the property, the quarry must provide written notice to the Township Engineer, with a copy to the Township Clerk, detailing the source for the new soil or fill material and soil/fill testing data for same. This data must set forth the quality of the soil/fill and the testing parameters used to analyze same. Said notice must also identify the anticipated time period for the soil/fill to be transported and spread on the property. The notice must include a sketch of the area proposed to be filled and describe the methodology for the work to be done. The notice shall detail the traffic route to be followed by the trucks transporting the soil/material. The operator must also provide copies of any other written notifications due and owing to other governmental agencies that may exercise jurisdiction over the operation.

[14]

After sending written notice as detailed above and before any reclamation work can commence, representatives for the quarry operation and the Township Engineer must perform a site inspection, and the Township Engineer must issue a written approval allowing the new source of fill to be utilized and for work to commence.

[15]

Forty-eight-hour notification via e-mail to the Township Engineer to be present for inspections and delivery of fill; written approval must be issued by the Township Engineer prior to commencement of work.

[16]

Hunterdon County soil conservation approval required; permits and approvals from NJDEP; all other approvals or permits from all agencies or boards having jurisdiction.

[17]

Reclamation hours of operation 9.5 hours per day no earlier than 7:00 a.m., ending no later than 4:30 p.m. Monday through Saturday. No Sunday operations except emergency repairs. Clerical and administrative hours may extend until 6:00 p.m.

[18]

No construction storage other than equipment and devices used in reclamation operations.

[19]

Maximum number of trucks per day 125. Flag man must be present at property entrance.

[20]

Truck wash station provided at entrances to ensure roadways remain clean and clear of debris and soils.

[21]

Chapter 103, Article II, Soil Importation/Fill Placement ordinance shall be complied with at all times.

[22]

Water bodies to be drained shall have sediment and water quality investigated.

[23]

Warning signs posted every 200 feet around the perimeter of the site and/or fencing is required.

[24]

Elevation benchmarks shall be installed at excavated areas to be filled.

[25]

Threatened and endangered species investigation must be provided prior to commencement of reclamation.

[26]

No discernible noise above daytime permissible decibel limits shall be permitted at the property line.

[27]

Proof that real estate taxes and assessments have been paid.

[28]

Stormwater management report required.

[29]

Every effort to prevent dust and debris from blowing on neighbor property shall be made to the extent practical.

[30]

All watercourses within the property shall remain free from accumulation of debris and siltation.

[31]

Escorted access to the property shall be granted to the Township, consultants and employees upon 24 hours' notice.

[32]

Upon application for renewal of a license, as-of-record drawings indicating extent of current reclamation shall be submitted for review.

Future land use plan.

Purpose. The purpose of the future land use plan is to ensure the municipality that the remaining reclaimed land after the conclusion of the extraction operation would be usable for future development opportunities pursuant to the permitted uses in the zone.

The reclaimed site shall be analyzed (by plan, statement, or combination of both) as to its suitability for future development uses based on the following criteria:

Physical topography.

Best uses of water features, if permanent water bodies are provided, for water-related activities.

Compatibility with contiguous land uses.

Traffic circulation and transportation.

Suitability of soils for development and storm drainage.

Suitability of soils for agricultural or horticultural uses.

Suitability for development in accordance with sound engineering and planning practices.

Municipal Master Plan and land use plan consistency with Municipal Master Plan and zoning policies.

Local, state and federal development plans and regulations (i.e., Highlands Council, NJDEP, the Master Plan, and general regulations of the Township of Bethlehem).

A plan shall be a conceptual plan at an appropriate scale of one inch equals 100 feet utilizing the final land form from the reclamation plan as base data. The purpose is to show that the final land form portrayed has a viable land use or uses as permitted in the zone, each demonstrating that developed areas are accessible by roads and that physical attributes of the final land form are compatible with potential future use or uses. In addition to the base data, the plan shall show the following details, if applicable:

Proposed use or uses.

Proposed open space or recreation areas.

Total number of lots proposed, by use if applicable.

Acreage of site with total acreage for each proposed use type.

Location of existing and proposed streets.

Zone district boundaries.

Design and performance standards.

General standards.

Plan preparation. Plans shall be prepared, signed, and sealed by a licensed engineer, surveyor, land planner, or landscape architect, as provided for by law, and in accordance with applicable statutes thereto.

Drawing sizes. All plans shall be clearly and legibly drawn and shall be submitted on the following standard sheet sizes: 30 inches by 42 inches.

Standards relating to mining operations.

Size of tract. Any tract of land to be used for a land mining operation shall be at least 50 acres in size unless it is contiguous to lands in the same ownership or leasehold interest used for an active land mining operation at the date of application for a permit, in which case, the coordination of rehabilitation plans between the new and existing uses will be required.

Setbacks.

Earth extraction activities shall not be conducted at or below the surface closer than 500 feet to:

The boundary of any zone where such operations are not permitted;

The boundary of an adjoining property line unless such adjoining property is in the same ownership or leasehold interest as the permit property, and an appropriate easement or deed restriction is provided such that the setbacks required by this section are not violated if the adjoining property is conveyed or separated from the permit property;

The edge of the right-of-way of any dedicated street, road, highway or water body. If the Planning Board determines that such setback areas are not suitable for future permitted development due to environmental constraints of the site (such as areas subject to flooding, severe limitations for an on-site sewage disposal system, topography, etc.) or when a more desirable layout for the future land use plan can be achieved, the setback may be reduced to that deemed necessary by the Planning Board, provided that an average setback of 500 feet is maintained, but in no case shall such a setback be reduced to less than 300 feet.

Buildings or structures actively used in the mining or subsequent production and/or processing operations shall not be located closer than 250 feet to a public right-of-way or adjoining property lines.

Buffer zones and fencing. On the property covered by the setback requirements above, there shall be maintained within this setback undisturbed buffer zones of natural foliage, trees, or other like plantings of at least 150 feet in width, and such zones are to be specifically shown on the plans with a complete description of the type of natural cover contained thereon. The Planning Board may require, in its discretion, additional screening such as additional vegetative cover, landscaped earth mounds or dense evergreen plantings, if necessary, to properly screen or buffer the operation from surrounding uses. The perimeter of the area currently being mined shall be enclosed by a six-foot-high chain link fence.

Production and processing operations. All buildings, structures, and equipment used for mining shall be constructed, maintained and operated in such a manner as to reduce noise, vibration, or dust, in order to minimize the impact on adjacent or surrounding uses.

Consistency with reclamation plan. All mining operations shall be conducted in a manner not inconsistent with the reclamation plan and in such a manner that the objectives of the plan may be realized after the sand, gravel, and other material has been removed.

Access roads. Haul roads shall be located in such a manner as to minimize the impact on existing land uses, and to avoid the routing of vehicles to and from the mining operation over streets that primarily serve developed areas. Entrances shall be restricted to as few as are absolutely necessary, preferably no more than two, unless warranted by specific conditions of the site or operation.

Signs. Traffic control signs shall be provided and maintained by the operator on internal roads and at entrances when necessary for safety reasons. All entrances shall be clearly marked with identification of the operator of the facility and type of facility. All entrances and routes shall be clearly marked in order to guide workers, haulers, and authorized visitors who may be unfamiliar with the site, to designated areas, (i.e., office, loading area, etc.). All areas where access is to be restricted because of safety reasons shall be clearly marked and maintained.

Security gates. Security gates or other suitable guard mechanisms shall be provided at all entrances leading to or from public roads or rights-of-way which shall prohibit access during periods of nonoperation.

Dust and dirt control. Roads within the site shall be constructed in such a manner as to minimize and control the amount of dust created, including the amount of mud and dirt carried onto public roads by the wheels of vehicles from the site which, when deposited on roads, will contribute to dust problems over a wider area. If deemed necessary, the Planning Board may require special treatment at the point where access roads meet public roads for a distance not to exceed 300 feet and a width not to exceed 22 feet. This special treatment may consist of gravel, stone, oil treatment, or paving, as deemed appropriate.

Spillage. During hauling operations, any spillage of materials on public roads by owner's or contractor's equipment shall be promptly and completely removed.

Emergency access. Emergency access for fire, rescue and/or ambulance equipment shall be provided and maintained at all times at the plant, office facilities and all working areas.

(l)

Fire protection. There shall be provided at the plant and office facilities and at other locations specifically requested by the applicable Fire Chief, a water supply hookup facility for fire equipment use. Such facility shall be reviewed and approved by the Fire Chief responsible for that particular area of the Township.

(m)

Grading. The slope of the surface of restored surfaces shall not exceed one foot vertical to three feet horizontal. All proposed benching must be designed using a slope stability factor of safety equal to or greater than two. Detailed calculations must be submitted for review and approval. Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal.

(n)

Topsoil preservation. As an integral part of each land mining operation, a sufficient amount of arable topsoil shall be set aside and retained within or near the permit site to cover disturbed areas in accordance with the reclamation plan. The amount required shall be a quantity which, when placed, will provide a maximum depth of six inches, or an amount equal to that which was removed, whichever is less, throughout all areas to be restored (six inches is equivalent to 800 cubic yards per acre). This material shall, where practical, be used for temporary screening or berming. All topsoil stockpiles must be treated, planted or graded in accordance with "Standards for Soil Erosion and Sediment Control in New Jersey" adopted by the New Jersey Soil Conservation Committee, in order to minimize the process of erosion by wind or water upon adjacent property, public roads or streams.

(o)

Erosion control. Erosion control methods must be in accordance with an approved plan based on "Standards of Soil Erosion and Sediment Control in New Jersey" adopted by the New Jersey Soil Conservation Committee.

(p)

Protection of vegetation. Existing trees, woods, and ground cover shall be protected and retained to the maximum degree possible. Clearing shall be strictly limited only to those areas which are absolutely necessary for the proposed mining operation. Reestablishment of trees and vegetation shall be required in those areas which are unnecessarily destroyed. However, this provision shall not prohibit agricultural or forestry uses as permitted within the zoning district.

(q)

Protection of water tables. Maximum depth of excavation shall not be below existing groundwater, except in such cases where the reclamation plan indicated that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan. No extraction operations shall be conducted in such a manner as to permanently alter the water table of surrounding inhabited properties, or to alter the stability of adjacent lands, or to create a potential subsidence of adjacent lands. As a monitoring device, the operator shall install, prior to commencement of extraction operations, observation or monitoring wells in accordance with the following schedule based on a total of all permit areas currently applied for and previously approved under this section. These wells shall be located and constructed to a depth and in accordance with details approved by the Planning Board, and each well shall have a permanent reference bench mark on or adjacent to the facility. As extraction areas increase for new permit periods, these wells may have to be relocated in order to adequately surround the perimeter of the excavated areas.

Zero to 50 acres: two wells.

Fifty to 100 acres: three wells.

Each additional 100 acres or any portion thereof: one additional well.

Standards relating to land reclamation.

Exceptions. The parties issued any permit for a land mining, quarrying, or resource extraction operation are responsible for the reclamation of the area in compliance with the reclamation plan on file with the Township.

Progressive reclamation. Land restoration shall be planned and implemented as contemporaneously as possible with the extraction of the resource, considering the ultimate use of the area as stated in the reclamation plan. Typically, it should include the following steps:

Removal and storage of the topsoil and other overburden.

Terracing or sloping the pit or face walls during the extraction period.

Final grading and shaping of the worked-out area.

Replacing and contouring the topsoil and other overburden; and

Replanting.

Timing. Reclamation shall be a continuous process, and each portion of the parcel shall be restored within two years after the resource extraction is completed for the permitted area. Restoration shall proceed in the same sequence and time frame as set out in the extraction schedule.

Dry pit rehabilitation. The dry pit may be backfilled with sand, gravel, overburden, topsoil or other nonnoxious, nonflammable, nontoxic, noncombustible solids.

Wet pit rehabilitation. Like dry pit rehabilitation, the wet pit may be filled. Any filling must be accomplished in accordance with the conditions set forth for dry pit rehabilitation. In the alternative the wet pit may be converted into a lake in accordance with the rehabilitation plan and all other applicable standards of this chapter. If a lake is to be created, pollution and stagnation must be prevented. Water and sediment testing must be performed to ensure quality prior to filling or dewatering.

Site clearance. All organic materials, boulders, and other debris resulting from the excavation or related activities shall be disposed of by approved methods.

Removal of topsoil. When topsoil is removed, sufficient arable soil as required by § 103-15 of Article I [1] shall be set aside on the site for respreading over the reclamation area. These stockpiles of topsoil should be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses. No topsoil shall be removed from the overall tract.

Editor's Note: See Ch. 103, Soil Removal and Fill Placement, Art. I, Soil Removal Regulations, § 103-15, Topsoil.

Slopes. No slopes (temporary or permanent) created as part of the reclamation plan shall exceed three feet horizontal to one foot vertical.

Drainage. Reclamation should proceed in such a way that natural waterways and storm drainage, where they enter and leave the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural waterways and storm drainage should not adversely affect public roads or neighboring uses. Water and sediment testing shall be required prior to drainage to ensure quality before discharging.

Grading.

When the extraction operation has been terminated, the area shall be graded as close to the natural contour of the land as possible to facilitate planting.

All regrading and reclamation shall be undertaken with the minimum amount of disturbance in order to minimize the amount of compaction of the soil.

Landscaping.

A planting plan shall be prepared by a forester or landscape architect showing the areas to be planted, final grades, type and quantity of plant material to be used, and all specifications necessary for implementation.

Planting shall be performed at the appropriate time to insure survival.

All planting and plant scheduling shall be in accordance with the approved planting plan.

If soil erosion is critical on a site, an inexpensive mulch shall be required such as cut grass, weeds, leaves, etc., or spotted low shrubs and herbaceous materials such as weeping love grass. In excessively weedy areas the ground shall be prepared prior to planting with the use of a disk, rototiller, spring tooth harrow or similar cut harrow along the rows.

All plants shall be nursery-grown seedlings and planted in accordance with the following standards:

Slopes less than 15%: 1,000 seedlings per acre.

Slopes over 15%: 1,200 seedlings per acre.

All rows shall be planted with the same species type.

The following is the recommended plant list. Other plant material may be used upon the advice of a qualified arborist and/or a landscape professional, when approved by the Planning Board. Deer-resistant plants are highly recommended.

Ilex verticillata: winterberry holly.

Myrica pensylvanica: bayberry.

Viburnum dentatum: arrowwood viburnum.

[d]

Ilex opaca: American holly.

[e]

Picea abies: Norway spruce.

[f]

Amelanchier laevis: Allegheny serviceberry.

[g]

Betula nigra: river birch.

[h]

Cupressocyparis leylandii: leyland cypress.

(l)

Compatibility with future land uses. All provisions of the reclamation plan shall be consistent and compatible with the projected future land use plan and provide as much flexibility as is possible for similar, but varying future land use patterns.

Standards relating to future land use.

Zoning conformance. The future land use plan shall be based on acceptable sound planning practices in conformance with existing zoning.

Compatibility with surrounding land uses. The future land use plan shall be compatible with adjacent and surrounding present land uses and potential future land uses.

Development patterns. Development shall be planned to avoid adverse impacts on the desirable future development and/or subdivision of adjoining land, and strip development of existing highway frontages shall be discouraged. The future land use plan should conform to design standards that will provide safe and efficient access to the neighborhood street and highway system; relate the design of the plan to natural topography and existing vegetation cover of the site; and contribute to the harmonious development of the municipality and enhance the public welfare of the community.

Conformance with reclamation plan. The future land use plan shall exhibit conformance with the reclamation plan approved by the Planning Board and shall make maximum use of those areas reclaimed and rehabilitated. The two plans shall be planned in conjunction with each other so that reclamation efforts are not wasted for probable future land uses and to avoid irreversible mistakes.

Flexibility. The greatest degree of flexibility shall be utilized in design of the future land use plan to make it adaptable to varying future land uses. To achieve this, all alternatives should be considered and investigated, and more than one future land use plan sketch may be submitted to justify the reclamation plan submitted.

Lakes and ponds. The use of lakes and ponds resulting from wet pit excavations shall be highly encouraged for their aesthetic and recreational values; and for the value as recharge and retarding basins in stormwater management.

Environmental. The future land use plan shall not promote or create the potential for serious air or water pollution problems which would be in violation of local, state or federal pollution standards, or seriously jeopardize the health, safety, and welfare of the community.

Procedure upon completion of application. The Planning Board shall, upon completion of an application by its resolution stating its factual findings, approve or deny the granting of conditional use for resource extraction and site plan as herein provided. It shall forward a copy of said resolution without delay to the Township Clerk of the Township of Bethlehem whereupon a license shall be issued by said Township Clerk to permit the resource extraction. The fee shall be $2,500 per annum plus $800 per acre per annum for each acre in the approved active mine site.

§ 102-38 Critical areas.

Basis for establishing critical areas.

[Amended 12-8-1988 by Ord. No. 202-18-88]

The mapping of the critical areas within Bethlehem Township is indicated on the maps entitled "Wetlands," source date November 1975 and October 1976, and "Critical Areas," dated November 1984; each of which is part of this chapter.[1] As noted on the maps, the basis for the delineation of floodplain areas was the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated December 15, 1981; the basis for the delineation of steep slope areas was the United States Geological Survey Slope Maps, Bloomsbury and High Bridge Quadrangles, 1975; and the basis for the mapping of wetlands was the National Wetlands Inventory, United States Quadrangles, November 1975 and October 29, 1976.

Editor's Note: Copies of the Critical Areas Map and Wetlands Map are included at the end of this chapter.

Regarding floodplain areas, it is recognized that more floodplain areas exist in the township than those already mapped. Moreover, the State Department of Environmental Protection, Division of Water Resources, in accordance with the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.), has adopted N.J.A.C. 7:13 and has mapped the flood hazard areas in Bethlehem Township. The Department of Environmental Protection mapping shall take precedence.

Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to the township at the time applications are submitted for approval of a subdivision, site plan, construction permit and/or any other application which considers the critical areas categories of information depicted on the map.

It is not the intent of this section to regulate the development of wetlands per se. The designation of wetlands as a critical land factor is to signal the location of environmentally fragile lands which should be incorporated in open space plans or located within a portion of a lot which need not be physically developed. Additionally, such critical acreage shall be considered in the calculation of permitted density within a planned development. The regulations of wetlands is governed by the New Jersey Department of Environmental Protection, Division of Coastal Resources, under the Freshwater Wetlands Protection Act (N.J.A.C. 7:7A), effective July 1, 1988.

Development within critical areas. In addition to all other applicable township requirements, development of sites containing critical areas shall provide the following:

[Added 12-3-1998 by Ord. No. 255-19-98]

No principal or accessory building shall be located, in whole or in part, within a critical area.

A single-family residential lot created after the adoption of this subsection shall contain at least one acre of contiguous noncritical land with direct access to an existing or proposed street.

In addition to the maximum lot coverage requirements established by this chapter, no development shall provide more than 70% impervious surface coverage of the noncritical area of the lot.

Regulations for floodplain areas.[2]

Purpose.

The purpose of these regulations is to encourage only that development of flood-prone areas within Bethlehem Township which is appropriate in light of the probability of flood damage and the need to reduce flood losses; represents an acceptable social and economic use of the land in relation to the hazards involved; does not increase the danger to human, plant or animal life; provides that no decreases in the amount of available storage for flood waters within the floodplain results from any development; and conversely, to discourage all other development. This zone is created in recognition of the increased threat, severity and frequency of floods expected to result from continued development. It is intended to retain areas adjacent to streams and rivers free from structures and other obstructions to the water flow during the periodic rises in the water level.

These regulations are intended to protect floodplains so that floodwater may have a natural course to follow; that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam; that the water level may rise without danger to persons, animals or property; that the water level may rise and cover larger land surfaces for the purposes of greater water percolation and recharging of the underground water supply; and that a park-like network is developed throughout the township along these watercourses.

FLOOD ELEVATION DETERMINATION

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPEAL

A request for the review of the Township Engineer's interpretation of any provision of this section, or a request for a variance from the Planning Board.

CHANNEL

The bed and banks of the watercourses located within the boundaries of the Township of Bethlehem which convey the normal flow of said watercourses most of the time.

DESIGN FLOOD

The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.

DESIGN FLOOD PROFILE

The elevations of the water surface of the floodway design flood and the potential hazard area design flood.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, located within the flood hazard area.

A determination of the water surface elevations of the design flood, i.e., the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry areas from:

Inland or tidal waters; and

FLOODPLAIN MANAGEMENT REGULATIONS

The unusual and rapid accumulation of runoff of surface water from any source.

FLOOD-FRINGE AREA

The portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

Land in the floodplain subject to a one-percent or greater chance of flood in any given year.

FLOODPLAIN

The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel.

State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY

The river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 foot.

HABITABLE FLOOR

For floodplain management purposes, any floor, including the basement, useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

NEW JERSEY FLOOD HAZARD DESIGN AREA

The discharge resulting from a flood having a one-percent chance of being equaled or exceeded in any given year, plus 25%.

NEW JERSEY FLOODWAY DESIGN FLOOD

The discharge from a flood having a one-percent chance of being equaled or exceeded in any given year.

STRUCTURE

For floodplain management purposes, a walled or roofed building, including a gas or liquid storage tank, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, floor or other structural part of the floor commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Historic Register of Historic Places or the State Inventory of Historic Places.

VARIANCE

A grant of relief by the Planning Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.

Editor's Note: See also Ch. 89, Flood Damage Prevention.

Site plan review.

All proposals for any development within a floodplain area shall require site plan approval by the Planning Board in accordance with Article VIII of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, in the opinion of the Township Engineer, the proposed work is of such a minor nature that Planning Board review is not required, a site plan approval by the Planning Board may be waived. In any case, all other requirements of this section shall apply.

Fees shall be as provided for site plans in § 102-53 of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 102-45D of this chapter.

In addition to the applicable information required for preliminary site plan approval stipulated in § 102-51 of this chapter, the following additional information shall be provided:

The proposed finished grade elevations at the corners of any structure or structures.

The extent of proposed or previous filling, cutting or regrading of the land, if any.

The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment trap headwalls and aprons.

Proof of stream encroachment lines (floodway) obtained from the Department of Environmental Protection. Should this information not be available through the Department of Environmental Protection, it is required that the applicant submit a floodway delineation for the reach of the stream involved, with all required engineering data, to the Township Engineer for review and approval.

The applicant should be prepared to present evidence that the proposal:

Has an inherent low flood damage potential.

Either acting alone or in combination with the existing or future uses, will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of stormwater.

Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood-fringe areas.

Does not increase local runoff and erosion, and provides proper drainage of the area to an existing adequate watercourse or drainage system.

Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwaters.

Does not require channel modification or relocation.

Is set forth in this chapter as a permitted use.

Is not a prohibited use in that portion of the floodplain where proposed to be located.

Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Township Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Township Engineer for review.

Uses in floodways and flood-fringe areas.

Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated floodplain. The following uses shall be prohibited:

Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.

Dumping or discharging untreated domestic sewage or industrial waste, either solid or liquid.

Storage or disposal of pesticides.

Storage or processing of materials that are, in time of flooding, buoyant, flammable or explosive.

The storage or processing of hazardous materials that could be injurious, in time of flooding, to human, animal or plant life.

Permitted uses in floodways.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a one-percent chance of being equaled or exceeded in any given year.

Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the State Department of Environmental Protection, the Hunterdon County Planning Board and the Bethlehem Township Planning Board. The accepted practices of soil husbandry and farming, as well as recreational uses in the nature of parks, wildlife preserves, play yards, picnic areas, golf courses and boat landings, shall be permitted. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Bethlehem Township Planning Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.

Permitted uses in the flood-fringe areas. Within any flood-fringe area, the accepted practices of soil husbandry and farming, as well as restricted uses in the nature of parks, wildlife preserves and undeveloped common open space, shall be permitted, provided that site plan approval is acquired from the township. Additionally, detached dwellings may be constructed on lands within the flood-fringe area, provided that the lowest habitable floor is at a minimum of one foot above the flood hazard design elevation and provided, further, that:

Each lot is a minimum of five acres in area outside or beyond the floodway;

Each lot has direct access to a public street;

The floor area ratio shall not exceed 1 1/2%; and

The lot coverage shall not exceed 2 1/2%.

Conditions of approval. The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the floodplain. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

The installation of an adequate flood warning system shall be required.

The postponement of development until such a time as protective measures are installed or implemented shall be required.

(14)

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the design flood elevation.

(15)

New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards of this section are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:

Installation of watertight doors, bulkheads and shutters or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over-the-sidewalk and under-the-sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.

Construction that resists rupture or collapse caused by water pressure or floating debris.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.

(16)

Fill shall be no lower than one foot above the flood design elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

(17)

Structures on fill shall be so built that the basement or, in the event that there is no basement, the lowest habitable floor is at a minimum of one foot above the flood hazard design elevation; this should be accomplished without transporting off-site fill to the site.

Variances from conditions. Variances from the conditions of this section may be issued by the Bethlehem Township Planning Board in conformance with the following provisions:

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places.

If an increase in flood levels within any designated floodway or flood-fringe area would not occur during the design flood.

Upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

Warning and disclaimer. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside flood hazard areas will be free from flooding or flood damage. This section shall not create liability on the part of the Township of Bethlehem or by any other officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

§ 102-39 Planned developments.

(Reserved)[1]

Editor's Note: Former Subsection A, Types and locations, as amended, was repealed 12-29-1997 by Ord. No. 255-9-97.

(Reserved)[2]

Editor's Note: Former Subsection B, Residential clusters, as amended, was repealed 12-29-1997 by Ord. No. 255-9-97.

(Reserved)[3]

Editor's Note: Former Subsection C, Planned unit developments, as amended, was repealed 6-15-1995 by Ord. No. 255-5-95.

Open space requirements.

Land area equal to a minimum of 70% of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, floodplain, recreation and/or other common open space. Such lands shall be optimally related to the overall plan and design of the development, shall be improved to best suit the purpose(s) for which they are intended and shall be situated within Bethlehem Township. Land utilized for street rights-of-way shall not be included as part of the above 70%.

[Amended 12-3-1998 by Ord. No. 255-19-98]

Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

Common open space may be deeded to the township or dedicated to an open space organization or trust, with incorporation and bylaws to be approved by the Planning Board and the Township Committee. If common open space is not dedicated and accepted by the township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common recreation areas and development open space, without first offering to dedicate the same to the township.

[Amended 12-3-1987 by Ord. No. 202-15-87]

If the applicant proposes that the common open space shall be dedicated to the township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space.

All lands not offered to and/or not accepted by the township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.

Open space owned and maintained by an open space organization may be conveyed or leased to a third party for agricultural use. The deed or lease shall have a reversion or termination clause providing for reconveyance of the land to the open space organization or trust or termination of the lease in the event that the open space should no longer be used for agricultural purposes in accordance with the provisions of said deed or lease. The deed or lease document shall be subject to the review and approval of the Planning Board as a condition of or an amendment to the subdivision and/or site plan approval.

[Added 12-3-1998 by Ord. No. 255-19-98]

In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the township may modify the terms of the original notice as to the deficiencies and may give an extension of time, not to exceed 65 days, within which time the deficiencies shall be cured.

If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain such open space and recreation areas in reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the Township in the same manner as other taxes.

Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the homeowners and tenants in the residential development, and the Articles of Incorporation of the organization shall be submitted for review by the Planning Board prior to the granting of final approval by the Township.

§ 102-39.1 (Reserved) [1]

Editor's Note: Former § 102-39.1, Affordable housing residential development, added 11-6-2003 by Ord. No. 255-42-2003, as amended, was repealed 12-4-2014 by Ord. No. 255.36.2014. See now § 102-14.1, R-1 Single-Family Residential District.

§ 102-39.2 Carbonate area district.

[Added 4-18-1996 by Ord. No. 255-6-96]

Purpose.

Areas within the municipality are underlain by carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as "karst." These conditions make such areas unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes or increased loads from site improvements can lead to land subsidence and sinkholes.

Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent or other hazardous substances moving through fractures or solution openings and fissures within the rock.

GEOTECHNICAL INVESTIGATION PROGRAM

Carbonate aquifers are an important source of groundwater in the municipality. The Township of Bethlehem relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this chapter are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of limestone geology, thus protecting the public health, safety and welfare and ensuring orderly development within the municipality.

Definitions. For the purposes of this chapter, the following definitions shall apply:

AGRICULTURAL USE

The production, keeping or maintenance of plants or animals for sale, lease or personal use.

APPROVAL AUTHORITY

The local land use board constituted pursuant to N.J.S.A. 40:55D-1, et seq. which, for applications involving site plan or subdivision approval, is the Planning Board or Zoning Board of Adjustment.

BEDDING

The arrangement of a sedimentary rock in layers of varying thickness and character.

BEDROCK

A general term for the rock that underlies soil or other unconsolidated material.

CARBONATE AREA DISTRICT

The Carbonate Area District is comprised of the Carbonate Rock District and the Carbonate Drainage Area.

CARBONATE DRAINAGE AREA

Watershed areas which directly drain into the Carbonate Rock District.

CARBONATE ROCK

Rock consisting chiefly of calcium and magnesium carbonates.

CARBONATE ROCK DISTRICT

Those land areas underlain by carbonate rock formations.

CAVE

A natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.

CLOSED DEPRESSION

A shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.

COLLAPSE SINKHOLE

A sinkhole caused by the collapse of the roof of a bedrock cavern.

DEVELOPMENT

Any improvements in the Carbonate Area District requiring, pursuant to existing land use statutes or ordinances, subdivision or site plan approval.

DISAPPEARING STREAM

A stream that enters the subsurface through a sinkhole or other entrance.

DISSOLUTION

A space or cavity in or between rocks, formed by the solution of part of the rock material.

DOLINE

See "sinkhole."

DOLOMITE

A carbonate rock that contains more than 15% magnesium carbonate.

DRAINAGE

The process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.

A surface or zone of rock fracture along which there has been noticeable differential movement.

FISSURE

An extensive crack, break, or fracture in the rock.

A program which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

JOINT

A fracture in rock generally more or less vertical or transverse to bedding, a long which no appreciable movement has occurred.

KARST

A type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.

LIMESTONE

A carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this chapter the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles.

LINEATION

Any straight line or alignment of natural features seen on an aerial photograph or any geographically-referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.

MARBLE

A metamorphic rock consisting chiefly of crystallized limestone or dolomite.

OUTCROP

An exposure of bedrock projecting through the ground surface.

PINNACLE

An irregular rock projection often buried beneath the ground surface.

SHEAR ZONE

A zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).

SINKHOLE (DOLINE)

A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or case. Sinkholes are formed by the underground removal of soil and rock material.

SOIL

The material found in the surface layer of the earth's crust which may be moved by a spade or shovel.

SOLUTIONED CARBONATES

Carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.

SOLUTION CHANNELS

Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings are the main water carrier in carbonate rocks.

SOLUTION SINKHOLE

A depression formed from the slow dissolution of bedrock.

SPRING

A place where water naturally flows from rock or soil upon the land or body of surface water.

SUBSIDENCE SINKHOLES

Sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.

SURFACE RUNOFF

The part of the precipitation that passes over the surface of the soil.

VOID

Opening in the soil or rock materials.

Applicability. The provisions of this chapter shall be applicable to development activities in the Carbonate Area District requiring, pursuant to existing land use statutes or ordinances, subdivision or site plan approval.

District identification.[1]

Carbonate Area District (CAD).

The Carbonate Area District is hereby created and shall be any area identified as such upon the Township of Bethlehem Zoning Map.[2] The district shall be constituted as secondary, or as an overlay, to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the CAD shall be in addition to those requirements governing the existing zoning district.

Editor's Note: The Zoning Map is included at the end of this chapter.

The Carbonate Area District shall contain two areas which shall be known as the "Carbonate Rock District" and the "Carbonate Drainage Area."

Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the municipality underlain by limestone or carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone rocks may exist in the Township of Bethlehem. Therefore, the provisions of this chapter may be applied to any development which, in the opinion of the Township of Bethlehem, is located in an area underlain by limestone. The CRD map shall be updated as information is developed through the application of this chapter.

Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from lands upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD shall be subject to the requirements of this chapter.

Editor's Note: The Carbonate Area District Overlay is included at the end of this chapter.

Performance standards for CRD. The following performance standards shall be applicable to development activities occurring in the Carbonate Rock District:

The location of all sinkholes, disappearing streams or other karst features identified during the geotechnical investigation program and shown on documents submitted under the Phase I and/or Phase II Checklist[3] shall be drawn on all final plats. The plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All final subdivision deeds shall contain the following wording: "Block _____, Lot _____ is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock."

Editor's Note: The checklists are included at the end of this chapter.

The design and construction of the improvements listed in Table 1[4] shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and groundwater resources.

Carbonate formations present complex design and engineering challenges. For example, design and engineering solutions which may be appropriate for a single-family home may not work for a high-rise office building.

As a result, the provisions of Table 1 were developed to provide an outline of design concerns which apply to different construction activities. Table 1 also provides rudimentary suggestions as to current engineering and geotechnical procedures, and minimum standards that might be useful to those using this section. None of the items is intended to preclude the application of judgment, innovation and experience. Table 1 represents the best technical judgment available at this time. As a municipality gains, experience with the carbonate chapter and the local geologic conditions, both the level of review and the scope of Table 1 should be evaluated.

A number of testing procedures are presented in Table 1. These include direct methods, such as site reconnaissance, test pits, test probes and test borings. These direct methods are essentially those procedures which allow the investigator to physically see or sample some of the geotechnical parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.

Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures, one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features which may be of great significance to the project design.

For purposes of better understanding Table 1, a number of specific items are discussed herein.

Editor's Note: Table 1 is included at the end of this chapter.

Direct methods.

Site reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black-and-white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the land forms or karst features which have occurred on the site over time.

Test pits. As described in Checklist II,[5] test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of the backhoe.

Editor's Note: The Phase II Checklist is included at the end of this chapter.

Test probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile jackhammer is used. Depth of normal penetration is usually less than 50 feet. The cuttings are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

Test borings. As discussed in Checklist II,[6] test borings can yield virtually complete and undisturbed soil and rock samples. These provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

Editor's Note: The Phase II Checklist is included at the end of this chapter.

Indirect methods.

Aerial photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black-and-white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.

Geophysical procedures.

Various geophysical investigation techniques which can be used in karst terrains include: ground-penetrating radar, electrical conductivity, electrical resistivity, magnetic field, very-low-frequency measurement (ELF) gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions which should be interpreted by a person trained in geophysics.

These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.

The variability in physical properties and the solutioned nature of most carbonate rock sites require an increase in the number of sites analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.

Procedures and submission requirements for the Carbonate Area District.

General requirements.

All applicants filing for site plan or subdivision approval, building permits, zoning permits, land grading permits, conditional use approval, septic system certification, well installation, pond construction (except for agricultural uses), or undertaking any other activity affected by the presence of limestone on or near the project site, shall undertake a geotechnical investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I Checklist.[7] Projects located in the Carbonate Rock District shall first complete the Phase I Checklist. Submission of the Phase II Checklist[8] shall be based on the recommendation of the Municipal Geotechnical Consultant (GTC) as per § 102-39.2F(1)(f).

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

The geotechnical investigation program shall be prepared by a professional engineer or geologist with experience in karst terrains. The municipality's geotechnical consultant (GTC) shall be similarly qualified to review all projects submitted.

The geotechnical investigation program shall identify the geologic nature of the materials underlying the site.

The geologic investigation report shall evaluate site information gathered during the geotechnical investigation, and provide recommendations for the planning, engineering design and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.

In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.

After the submission of the information required in the Phase I Checklist, the authorized approval authority may grant a waiver from the requirement of part or all of the geotechnical investigation and report requirements under §§ 102-39.2F(4) and 102-39.2F(5) below, upon recommendation of the Municipal Geotechnical Consultant.

Geotechnical investigation program process. For all properties located in the CAD, a comprehensive geologic investigation program shall be conducted by the applicant. The purpose of this program is to provide the approval authority with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geotechnical investigation program involves the following:

Phase I: completion of the Phase I Checklist[9] by applicant and review by the municipal GTC, action on completeness by approval authority.

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

Phase II: completion of the Phase II Checklist[10] and proposed geotechnical investigation program by the applicant, review by the municipal GTC and action on completeness by the approval authority; issuance of permit to undertake on-site testing.

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

The applicant undertakes an on-site geotechnical investigation program, with observation by the municipal GTC.

Submission of a geologic investigation report and site recommendation by the applicant.

Municipality GTC review, report and final recommendation forwarded to the approval authority.

The approval authority acts on the geotechnical aspects of the proposed project.

Geotechnical investigation program time limits.

An investigation program shall be commenced by completing the Phase I Checklist.[11] The Phase I Checklist shall be submitted to the approval authority and shall be reviewed by the municipal geotechnical consultant. A report from the GTC shall be rendered to the approval authority within 30 days of the submission by applicant or the Phase I Checklist. The approval authority shall rule on the completeness of the Checklist within 30 days of the receipt of the GTC completeness report. The GTC's report shall either recommend that the Phase II Checklist be prepared and submitted or, in the alternative, that portions or all of the requirements of the Phase II Checklist be waived.[12]

[11]

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

[12]

Editor's Note: The Phase I and Phase II Checklists are included at the end of this chapter.

If the Phase II Checklist is required, it shall be submitted to the approval authority and be reviewed by the GTC for completeness. A completeness report shall be made to the approval authority within 30 days of the submission by applicant of the Phase II Checklist. The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the GTC's completeness report. The GTC's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the geotechnical consultant recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The geotechnical consultant may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to § 102-39.2F(1)(f).

At the applicant's option, both the Phase I and/or the Phase II Checklist may be submitted simultaneously, in which case the GTC shall submit a completeness report to the approval authority within 30 days of submission of the checklists by the applicant. The approval authority shall act on the completeness report within 30 days of submission of the GTC's report.

After the Phase I and Phase II Checklists have been deemed complete by the approval authority and the GTC has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing procedure.

On-site investigation protocol.

Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to § 102-39.2F(3)(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of the same to the Municipal Clerk, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.

The proposed development site shall be subject to inspection by the GTC or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.

All samples taken shall be properly preserved and shall be available for examination by the municipality upon request until final action is taken by the approval authority on the application.

Geotechnical investigation report requirements.

At the completion of the field investigation, a formal site investigation report shall be submitted and include any of the following required information gathered during the testing protocol: logs of all borings, test pits and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and ground water, names of individuals conducting tests if other than the professional engineer referred to in the checklist, analytical methods used on soils, water samples, and rock samples, a topographic map, at a scale of one inch equals 100 feet, of the site [at a contour interval of two feet] locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size and sinkhole formation.

The report shall define the extent of geotechnical findings at the site in relation to the planned development or land use. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.

Municipal review of geotechnical investigation report.

Within 45 days of submission of the Geotechnical Investigation Report by the applicant, the GTC shall review and prepare a completeness report for submission to the approval authority. During the GTC's review of the geotechnical investigation report for proposed development in the CRD, the GTC shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the approval authority, whether or not the applicant has provided the municipality with:

Sufficient design, construction and operational information to ensure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community.

Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions.

Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented.

Specific details on inspection procedures to be followed during construction and after project completion.

The approval authority shall, within 45 days of the receipt of the report from the geotechnical consultant, approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event that the approval authority denies the proposed development plan and associated construction procedures, the approval authority shall state in the resolution its reasons for disapproval.

Reevaluation.

In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases, the applicant shall:

Report the occurrence of the hazard to the Municipal Clerk within 24 hours of discovery.

Halt construction activities which would impact the geologic hazard.

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the municipal geotechnical consultant.

After obtaining approval from the municipality, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater.

Repair any damage to improvements and restore ground cover and landscaping.

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.

Compliance and enforcement.

Compliance with this chapter is required prior to the granting of municipal subdivision or site plan approval, the granting of zoning or building permits or the municipal endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this chapter shall be the Municipal Engineer and the Municipal GTC. The enforcement official for zoning or building permit applications that are subject to this chapter shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the municipality's Sanitarian shall serve as the enforcement officer. The Municipal GTC, Engineer, or Sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEPE permits or treatment works approvals.

Failure to comply with any of the conditions in this chapter may result in the issuance of the a stopwork order, revocation of building permits or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions which adversely impact karst features.

Carbonate area district data distribution.

On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Municipal Board of Health, the Municipal Clerk, and a copy filed with the Planning Board Secretary.

The municipality shall develop a catalogue system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.

Application and escrow review fees. For any project in the CAD requiring a submission, there shall be an application fee of $500 plus $100 for each one of the site included within the CAD. Additionally, there shall be posted with the municipality a review escrow as follows:

Escrow for the Phase I Checklist:[13] $500, plus $200 per acre for each acre of the project site in the Carbonate Rock Area, plus $100 per acre of land in the Carbonate Drainage Area.

[13]

Editor's Note: The Phase I Checklist is included at the end of this chapter.

Escrow for the Phase II Checklist:[14] $1,000, plus $500 per acre of land being developed in the Carbonate Rock Area.

[14]

Editor's Note: The Phase II Checklist is included at the end of this chapter.

§ 102-39.3 ECHO housing.

[Added 10-1-1998 by Ord. No. 255-16-98]

Purpose. The purpose of the elder cottage housing opportunity unit is to provide extended family housing as a residential accessory structure on a lot with a principal residential structure. ECHO housing shall provide an alternative to nursing home and boardinghome care so that immediate elderly relatives may live nearby but not in the same housing unit as younger immediate relatives. This housing is provided so that it may be installed in a financial and efficient manner and removed easily and economically at a later date when it is no longer needed. It is the intent of ECHO housing to provide for the continuing need for mutual support within the family while maintaining individual independence and financial security.

Dimensional standards and building standards; waivers.

An ECHO unit shall be considered to be an accessory use to an existing residential structure and use. However, the ECHO unit shall meet the side yard and rear yard requirements of a principal structure.

Minimum lot area shall be 1.5 acres unless a greater lot area is required by the applicable zoning district.

Maximum square footage of the unit shall be 750 square feet.

The unit shall be placed within the rear yard and not within the area of the front and side yards. The Planning Board may grant a waiver to permit a unit in the side yard if it can be shown that the placement of the unit will have no impact upon adjacent properties.

The unit shall be positioned on the lot in such a way as to minimize its visibility from other nearby and abutting lots. Additional buffering may be required by the Planning Board to meet this criteria.

The unit shall be located only upon a lot with a single-family detached dwelling.

Only one unit shall be permitted per lot, and it shall contain a bathroom, kitchen, living and sleeping facilities. There shall not be more than two bedrooms.

The ECHO unit shall be self-contained, barrier-free, energy-efficient and capable of being moved to another site. The applicant shall be responsible for preparing the site for installation of the ECHO unit. It shall be located on masonry block or wooden piers with adequate tie-downs, not on a concrete slab, and shall comply with the definition of "dwelling."

The Planning Board shall have the right to grant a waiver to any of the above dimensional standards and building standards if it can be shown that the granting of the waiver shall not have a negative impact upon adjacent properties.

Health Department requirements. Proof of approval by the County Board of Health of well and septic systems must be submitted to the township authorities. Either a holding tank or hookup to an existing septic system shall be the permitted systems. A one-thousand-gallon holding tank may be permitted in lieu of a septic system hookup to the existing septic system which services the principal dwellings if permitted by the Department of Environmental Protection (DEP) and the Hunterdon County Board of Health. In order to ensure timely pumping of the holding tank in accordance with a pumping schedule to be established by the Township Engineer, the applicant shall provide, on an annual basis, a one-year prepaid contract for the pumping or shall submit receipts for the pumping of the holding tank, both in accordance with the pumping schedule established by the Township Engineer. A separate septic system shall not be created for the unit.

Occupancy standards.

The ECHO unit is for the use and occupancy by not more than two persons who are related by blood, marriage or adoption to the lot owner, who must occupy the primary residence on the premises, and one professional caregiver. One of the ECHO unit related occupants shall be 60 years of age or older. The caregiver must vacant the ECHO unit within 60 days of the ECHO unit occupant's vacating the ECHO unit.

The ECHO unit shall be removed from the premises upon the death or permanent change of address of the original occupants and removal shall take place within 90 days. To facilitate this retirement, the unit shall either be part of an ECHO housing unit program sponsored by the township or other governmental unit or agency or nonprofit program; or the municipal agency shall be satisfied that adequate provisions (such as bonding to ensure the removal of the unit) have been made guaranteeing the removal of the ECHO unit at the end of the term of the subject occupancy.

Within 60 days of the removal of the unit, the lot shall be restored by the owner/occupant of the premises to the status prior to the installation of the unit, or bonds shall be posted with the township to ensure the restoration.

Application and approval for an ECHO unit shall be considered a minor site plan subject to the review and approval of the Planning Board. Upon submission of the application and checklist, the applicant shall pay an application fee of $25 and establish an escrow in the amount of $250 for professional review, subject to the requirements of Article IX of the Land Use and Development Ordinance of Bethlehem Township. Notice of an application for an ECHO unit shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.

§ 102-39.4 Affordable housing affirmative marketing procedures.

The owner/occupant of the primary dwelling shall obtain an annual permit from the Zoning Officer. This permit shall certify the continuing compliance by the permittee with the conditions of the original permit issuance.

[Added 7-19-2001 by Ord. No. 255-29-2001]

Fair share obligation 1987-1999.

The Township of Bethlehem has a fair share allocation of 59 units. This fifty-nine-unit obligation consists of a seventeen-unit rehabilitation component and a forty-two-unit new construction component.

The township's fair share plan for addressing its fair share allocation by utilizing the following affordable housing programs:

Rehabilitation	17
Accessory apartments	10
Alternate living arrangements	12
Regional contribution agreement	9
Rental bonus credits	11
Total plan capacity	59 units

Affirmative marketing plan. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by the Township of Bethlehem or designated entity pursuant to N.J.A.C. 5:93-9.1(a). The affirmative marketing plan of the Township of Bethlehem addressed the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the rental of housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Bethlehem is in the Northwest housing region consisting of Hunterdon, Morris, Union and Essex Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:

All newspaper articles, announcements and requests for application for low- and moderate-income units shall appear in the following local regional newspaper: Hunterdon Democrat.

The primary marketing effort shall take the form of at least one press release and one paid display advertisement sent to the above publication. Additional advertising and publicity shall be on an as-needed basis.

The advertisement shall include a description of the following: street address of the units, directions to housing units; number of bedrooms per unit; range of rents; size of units; household income limits; and the location of applications, including business hours and where and how applications may be obtained.

All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall be submitted for publication in neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region, and public information announcements on the local cable television station may be utilized.

Applications shall be available at the Township Building during its regular business hours, as well as county libraries in the housing region.

A list of community contact persons and/or organizations within the housing regions shall be maintained to aid the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region.

Subject to availability of units, applications shall be mailed to prospective applicants upon request. Additionally, applications shall be sent to the chief administrative employees of each of the following agencies in the Counties of Hunterdon, Morris, Union and Essex: Welfare or Social Service Board; Rental Assistance; Office on Aging; County Housing Agency or Authority; County Library; and Area Community Action Agencies.

Tenant selection.

The township's selection process requires that accessory apartments alternate between low and moderate income so that the 50/50 balance required by COAH is maintained. However, if no qualified tenants from the appropriate income group are on the township waiting list upon the issuance of the certificate of occupancy, the owner may rent to a qualified tenant from the other income group. However, in no event shall the number of moderate-income accessory apartments exceed two units without specific authorization from the Township Committee. Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants for accessory apartments living outside the housing region shall have an equal opportunity for units after applicants living within the housing region have been initially served in accordance with N.J.A.C. 5:93-11.7(b).

Applications for accessory apartment occupancy are known as "tenant application and income verification forms." Each application shall be checked preliminarily to see if the prospective household is income qualified based on household size and income. If the household appears to be income eligible, a letter of preliminary eligibility shall be sent and the application retained on file with the township and entered onto a list of qualified applicants. When an accessory apartment is ready for occupancy, the landlord chooses a low-or moderate-income household (depending on the income level of the apartment) from the list of qualified applicants. Finally, the owner and qualified tenant household execute a lease agreement and the accessory apartment is occupied by the chosen household.

Administrative agency.

The Township of Bethlehem is ultimately responsible for administering the affirmative marketing program. The Township of Bethlehem has designated the responsibility for the rehabilitation and accessory apartment program to the Hunterdon County Housing Corporation and for the group home to the ARC of Hunterdon County. The Hunterdon County Housing Corporation and the ARC of Hunterdon County will income qualify low- and moderate-income households; place income-eligible households in low- and moderate-income units open initial occupancy; provide for the initial occupancy of low- and moderate-income units with income-qualified households; continue to income qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households; and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.

§ 102-39.5 Affordable housing procedural and eligibility requirements.

The Municipal Clerk of the Township of Bethlehem, Diane Pflugfelder, is the designated housing officer at act as liaison to the Hunterdon County Housing Corporation and the ARC of Hunterdon County. The Hunterdon County Housing Corporation and the ARC of Hunterdon County will provide counseling services as appropriate to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord tenant law.

Commencement of program. The affirmative marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The affirmative marketing program shall continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continue to be necessary.

Monitoring and reporting. The Hunterdon County Housing Corporation shall comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.

[Added 7-19-2001 by Ord. No. 255-30-2001]

This section of the Land Use and Development Chapter of the Township of Bethlehem sets forth regulations regarding low-and moderate-income housing units in the Township of Bethlehem that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985[1] and the Township of Bethlehem's constitutional obligation to provide for its fair share of low- and moderate-income housing.

The Township of Bethlehem's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

Except for inclusionary developments constructed pursuant to low-income tax credit regulations:

At least 1/2 of all units within each inclusionary development will be affordable to low-income households; and

At least 1/2 of all rental units will be affordable to low-income households; and

At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:

The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units; and

At least 30% of all low- and moderate-income units are two-bedroom units; and

At least 20% of all low- and moderate-income units are three-bedroom units; and

Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the inclusionary development.

In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

Efficiency units will be affordable to one-person households; and

One-bedroom units will be affordable to 1.5-person households; and

Two-bedroom units will be affordable to three-person households; and

Three-bedroom units will be affordable to 4.5-person households; and

Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b); and

The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income; and

Moderate-income sales units will be available for at least three different prices, and low-income sales units will be available for at least two different prices; and

For both owner-occupied and rental units, the low-and moderate-income units will utilize the same heating source as market units within an inclusionary development; and

Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and

The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.

For rental units, developers and/or municipal sponsors may:

Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution; and

Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.

For sale units.

The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that, after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of low- and moderate-income unit) and condominium or homeowner fees do not exceed 28% of the eligible gross monthly income; and

Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments paid by low- and moderate-income buyers to at least 1/3 of the amount paid by market unit purchases. The actual percentage set in the master deed shall be determined by the Township of Bethlehem and shall be consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the percentage will not be amended without prior approval from COAH; and

The Township of Bethlehem will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3; and

The Township of Bethlehem will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c); and

Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9; and

The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10; and

Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and

The regulations detailed in N.J.A.C. 5:93-9.12 through 9.14 will be applicable to low- and moderate-income units that are for sale units.

In zoning for inclusionary developments, the following is required:

Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):

Minimum Percentage of Low- and Moderate-Income Units Completed	Percentage of Market Housing Units Completed
0%	25%
10%	25%+1
50%	50%
75%	75%
100%	90%
	100%

A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).

A Development Fee Ordinance was approved by COAH and adopted by the Township of Bethlehem on April 1, 1999. (See Ordinance No. 255-22-99.)[2]

Editor's Note: See Ch. 101, Development Fees.

To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, the Township of Bethlehem will designate the Hunterdon County Housing Corporation or another qualified entity with the responsibility of ensuring the affordability of sales and rental units over time for the township's rehabilitation and accessory apartment programs. Additionally, the Township of Bethlehem will designate the ARC of Hunterdon County with the responsibility of ensuring the affordability of sales and rental units over time for group home program. The Hunterdon County Housing Corporation and the ARC of Hunterdon County will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).

In addition, the Hunterdon County Housing Corporation and the ARC of Hunterdon County will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units; and

Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The Hunterdon County Housing Corporation and the ARC of Hunterdon County will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93; and

Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Hunterdon County Housing Corporation and the ARC of Hunterdon County will require COAH's appropriate deed restriction and mortgage lien.

Regarding rehabilitated units:

Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years;

Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.

Regarding rental units:

Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. Hunterdon County Housing Corporation and the ARC of Hunterdon County will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93; and

Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and

Alternate living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.

Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from the Township of Bethlehem's land use ordinances. Accordingly the Township of Bethlehem will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. The Township of Bethlehem will adhere to the components of N.J.A.C. 5:93-10.01 through 10.3.

The Township of Bethlehem will undertake a rehabilitation program to rehabilitate 17 substandard housing units occupied by low- and moderate-income households. The Township of Bethlehem has designated the Hunterdon County Housing Corporation to administer the rehabilitation program. Hunterdon County Housing Corporation will prepare a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(1).

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 102-39.6 Municipal Housing Liaison.

[Added 5-21-2009 by Ord. No. 255.52.2009; amended 12-7-2017 by Ord. No. 450.2017]

Purpose. The purpose of this section is to create part of the required administrative mechanism for the execution of the responsibility of the Township of Bethlehem to provide its fair share of the region's need for affordable housing pursuant to the Fair Housing Act of 1985.[1]

MUNICIPAL HOUSING LIAISON

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT

The entity responsible for administering the affordability controls on the very-low-, low- and moderate-income units created in the Township of Bethlehem to ensure that all such restricted units are affirmatively marketed and sold or rented, as applicable, only to duly qualified very-low-, low- and moderate-income households.

The municipal employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Bethlehem.

Establishment of Municipal Housing Liaison position and compensation; powers and duties.

Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Bethlehem.

Subject to the approval of the Superior Court In the Matter of the Township of Bethlehem, County of Hunterdon, Docket No. HNT-L-316-15, the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.

The Municipal Housing Liaison shall be responsible for the oversight of the administration of the affordable housing program for the Township of Bethlehem, including all of the following responsibilities which may not be contracted out:

Serving as Bethlehem's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;

Monitoring the status of all restricted affordable housing units in Bethlehem;

Compiling, verifying, submitting to Fair Share Housing Center and posting on the municipal web site all required annual, mid-point and three-year look-back monitoring reports as required by the Court, consistent with the adopted affordable housing ordinance;[2]

Editor's Note: See Ch. 52, Affordable Housing.

Coordinating meetings with affordable housing providers and the administrative agent(s), as applicable; and

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing offered by the Affordable Housing Professionals of New Jersey in conjunction with Rutgers University.

Subject to the Court's approval, Bethlehem may contract with or authorize a consultant, authority, governmental agency or other qualified entity charged by the governing body with all other responsibilities of administering the affordable housing program of the Township of Bethlehem, except for those responsibilities which may not be contracted out pursuant to Subsection C above. The Municipal Housing Liaison shall supervise the contracting administrative agent(s), who shall provide regular updates to the Municipal Housing Liaison of their activities.