Bethlehem Township City Zoning Code

Grant variances pursuant to N.J.S.A. 40:55D-70c.

Direct, pursuant to N.J.S.A. 40:55D-34, issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55-34.

Direct, pursuant to N.J.S.A. 40:55D-36, issuance of a permit for a building or structure not related to a street.

All relevant blanks on the appropriate Township application forms(s) are addressed and completed.

All plans required to be submitted have been submitted and are sealed by the appropriate professionals, as required.

If waivers are requested from any checklist requirement, a written explanation must be provided for each checklist item from which a waiver is sought.

Checks in the correct amount for the application and escrow fees are received.

An escrow agreement is properly executed by the applicant.

The application lacks information indicated on the applicable checklist; and

The Planning Board Secretary has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a home occupation, as defined and permitted by this chapter, shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy.

Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 10% additional building coverage, which does not exceed 2,000 cubic feet of enclosed and roofed area, which does not involve any variance request and which, in the opinion of both the Construction Official and the Zoning Officer, meets the parking and other applicable requirements of this chapter and will create no adverse effects, shall not require site plan approval.

Any construction permit for the customary buildings incidental to farms shall not require site plan approval.

Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Construction Official and the Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use, including on-site parking requirements.

At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.

The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).

The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the administrative officer at least 14 days prior to the next regularly scheduled monthly meeting of the Planning Board. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

There shall be submitted to the administrative officer at least 10 days but no more than 14 days prior to the first regularly scheduled monthly meeting of the Planning Board:

The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it.

The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

Except for minor site plans pertaining to permitted home occupations, each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of the four following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way either along one or both sides of said streets, as applicable, shall be granted to the township or other appropriate governmental agency.

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications, shall be submitted for review and approval.

A letter from the Township Tax Collector shall be submitted stating that all taxes due on the tract have been paid in full as of date of the application submittal, at preliminary and final approval.[3]

Tax Map scale drawing for minor subdivisions. Tax Map scale drawing to include date, name of subdivision, scale: written and graphic, reference meridian, all lot lines with bearings and distances, right-of-way lines of streets, street names, easements and other rights-of-way, area of each lot in acres and block and lot numbers. The plan shall be drawn at the same scale as shown on the appropriate Tax Map sheet for that particular block and lot. (Refer to the Tax Map record drawings at the Municipal Building or the Township Engineer's office.)

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

On the date the foresaid application is certified complete or on the 46th day following the submission of the application, in the event that the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the developer to the following, and certification of the distribution shall be given to the Clerk of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be:

The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 102-45F of this chapter, within 10 days of its adoption by the Board.

When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 102-45F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, P. L. 190, c. 141 (N.J.S.A. 46:29-9.9 et seq.), or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the county recording officer. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.

Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

There shall be submitted to the administrative officer at least 10 days but no more than 14 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be:

The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it.

The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of the four following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:29-9.9 et seq.).

The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include but not be limited to drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.

A letter from the Township Tax Collector shall be submitted stating that all taxes due on the tract have been paid in full as of the date of the application submittal, at preliminary and final approval.[2]

General provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:

Submission procedures.

Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

On the date the foresaid application is certified complete or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the developer to the following, and certification of the distribution shall be given to the Clerk of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be:

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or fewer and 10 dwelling units or fewer and/or a preliminary major subdivision application involving 10 lots or fewer within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 102-48A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 102-48A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection D(4) and (5) hereinabove unless said preliminary site plan and/or preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 102-41D of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

All hearings held on applications for preliminary major subdivision approval, and in certain cases preliminary major site plan approval, shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 102-45D.)

The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approves the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan; the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 102-45F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection E(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:

The applicant may thereafter apply for and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking the following into consideration; provided that if the design standards have been revised by ordinance, such revised standards may govern:

A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least 10 days but no more than 14 days prior to the first regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be:

The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans and agrees to be bound by it.

All details stipulated in § 102-51B of this chapter.

All additional details required at the time of preliminary approval.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data, including:

The final submission shall be accompanied by the following documents:

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

On the date the foresaid application is certified complete or on the 46th day following the submission of the application, in the event that the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the developer to the following, and certification of the distribution shall be given to the Clerk of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be:

The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approves the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 102-45F of this chapter:

Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of the same with the Hunterdon County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time longer than two years as shall be determined by the Board to be reasonable taking into consideration:

The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: