Bethlehem Township City Zoning Code

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.

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]

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

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.

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.

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

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.

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

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:

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.

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.

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.

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.

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:

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

New towers.

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.

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.

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:

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.

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.

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 from off-site uses/designated areas.

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.

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.

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.

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:

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.

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.

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.

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.

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);

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.

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.

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.

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

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.

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.

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.

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.

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 license shall be valid for a period of three years.

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.

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:

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:

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.

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:

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:

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:

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

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:

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:

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:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

Landscaping.

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.

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.

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.

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.

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.

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.

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.

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.

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%.

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.

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.

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.

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.

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

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.

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.

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.

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.

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).

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.

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

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.

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.

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]

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.

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.

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.

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:

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.

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.

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]

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.