The short form by which this chapter may be
known shall be the "Land Development Ordinance of the Township of
Bloomfield."
This chapter is adopted pursuant to the Municipal
Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., in order to promote
and protect the public health, safety, morals and general welfare.
The purposes of this chapter are as follows:
A.Â
To plan and guide the appropriate use or development
of all land in a manner which will promote the public health, safety,
morals and general welfare by means including the following:
(1)Â
By regulating the location of buildings and establishing
standards of development; establishing setback lines of buildings
designed for residential, commercial, industrial, office or other
uses and by fixing reasonable standards to which buildings or structures
shall conform.
(2)Â
By prohibiting incompatible uses and prohibiting uses,
buildings or structures which are incompatible with the character
of development of the permitted uses within specified zoning districts
and surrounding areas.
(3)Â
By regulating alterations of existing buildings and
preventing such additions to and alterations or remodeling of existing
buildings or structures as would not comply with the restrictions
and limitations imposed hereunder.
(4)Â
By conserving the value of land and buildings throughout
the Township.
B.Â
To secure safety from fire, flood, panic and other
natural and human-made disasters.
C.Â
To provide adequate light, air and open space.
D.Â
To ensure that land development does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
E.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, maintenance of the character of the neighborhoods, preservation
of the environment and quality of life.
F.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.Â
To provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements.
H.Â
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion
or blight.
I.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
J.Â
To promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper land use.
K.Â
To encourage coordination of various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land.
L.Â
To provide, within the community's resources, for
the future housing needs of the citizens of the Township of Bloomfield.
M.Â
To encourage senior citizen community housing construction.
N.Â
To promote utilization of renewable energy sources.
O.Â
To promote the maximum practicable recovery and recycling
of recyclable materials from municipal solid waste through the use
of planning practices designed to incorporate the State Recycling
Plan goals and to complement municipal recycling programs.
A.Â
Where the provisions of this chapter impose greater
restrictions than those imposed by any other law, ordinance, regulation
or resolution, the provisions of this chapter shall control. Where
the provisions of any other law, ordinance, regulation or resolution
impose a greater restriction than this chapter, the provisions of
such other law, ordinance, regulation or resolution shall control.
B.Â
The requirements of this chapter shall be held paramount
to any less restrictive provisions or requirements established by
deed restriction, private covenant or agreement. Without limiting
the foregoing, where this chapter imposes a greater restriction or
limitation upon the use of buildings or premises or upon the height
of buildings or lot coverage, or requires greater lot areas or larger
yards, courts or other open spaces than are required by covenants
or restrictions imposed by deed or private agreement, the provisions
of this chapter shall control.
Following the effective date of this chapter,
the establishment of any use not expressly permitted by this chapter
shall be prohibited.
For the purposes of this chapter:
A.Â
The present tense shall include the future.
B.Â
The singular number shall include the plural and the
plural the singular.
C.Â
The word "shall" is always mandatory; the word "may"
is discretionary.
D.Â
The words "zone" and "district" are synonymous, and
whenever the term "structure" is used, it shall be construed to include
the term "building."
Definitions and usages. Unless otherwise expressly
stated, the following terms shall, for the purpose of this chapter,
have the meanings herein defined. Whenever a term is used in this
chapter which is not defined below but is defined in the MLUL, such
term shall have the same meaning as the MLUL. Any word or term not
defined below or in the MLUL shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English Language,
unabridged (or the latest edition).
The relinquishment of property, or a cessation of the use
of property, by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the use of
the property.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A physical entrance to property.
A temporary or permanent building detached from a principal
building located on the same lot, the use of which is customarily
incidental and subordinate to that of the principal building or use.
A temporary or permanent structure other than a building,
attached to or detached from a principal building located on the same
lot, the use of which is customarily incidental and subordinate to
that of the principal building or use.
A use of land or of a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot as the principal use.
A structure added to the original structure at some time
after the completion of the original structure.
For purposes of this chapter, the Zoning Officer of the Township
of Bloomfield.
A planned development designed for active older people that
emphasizes social and recreational activities but may also provide
personal services, limited health facilities, and transportation.
Any use or business establishment that provides access to
media, materials, clothing, paraphernalia or entertainment with content
that is sexually explicit or which is designed to titillate or which
would be prohibited from being viewed by minors by state law or regulation.
The results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions may relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in Article IV.
The traveled way by which cars enter and depart parking spaces.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. "Alteration"
shall also mean and include any conversion of a building or a part
thereof necessary to enable a change from one use to another or the
moving of a building or structure from one location to another. Alteration
shall not be construed to mean any necessary repairs of an existing
structure solely for the purpose of maintenance.
Human-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
A device for transmitting or receiving electromagnetic waves,
usually mounted on a tower, building or structure.
One or more rooms with a private bath and kitchen facilities
comprising an independent, self-contained dwelling unit. See also
"dwelling, garden apartment."
A developer submitting an application for development.
The application form and all accompanying documents and exhibits
required of an applicant for development review and approval.
A plan which has been granted final approval by the Planning
Board or Zoning Board of Adjustment of the Township of Bloomfield.
A facility which is licensed by the New Jersey State Department
of Health to provide housing and congregate dining, and to assure
that assisted living services are available when needed, to four or
more adult persons unrelated to the proprietor. Such units shall offer,
at a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance. Assisted living is a level
of care between nursing care and independent living and includes a
coordinated array of supportive personal and health services, available
24 hours per day, to residents who have been assessed to need these
services.
The entity responsible for the administration of a condominium
or other development, which entity may be incorporated or unincorporated.
See "homeowners' association."
That part of the building that is immediately below and wholly
or partly within the roof framing and separated by a floor or ceiling
from the nearest occupied floor.
A lot or building principally used for the sale or rental
of automobiles or other motor vehicles and including any vehicle preparation
or repair work conducted as an accessory use. This shall be interpreted
to include new and used motor vehicle dealerships, car rental agencies
and auto accessory salesrooms, but not automobile auctions or the
sale of junked automotive equipment, parts, or inoperable motor vehicles.
A lot or building used for the maintenance, servicing, repair
or painting of motor vehicles, but not including auto sales or dealerships,
or the sale of junked automotive equipment, parts, inoperable motor
vehicles or gasoline.
A roof-like covering extending over a walkway, sidewalk or
exterior place, supported by a frame attached to the building and/or
ground with a surface made of fabric or a more rigid material, such
as plastic or metal, and either retractable against the building or
fixed in place.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
A premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food or packaged liquors
may also be served or sold. Entertainment may also be provided as
accessory to the principal use.
A space partially below grade level having 1/2 or more of
its floor-to-ceiling height above the average level of the adjoining
ground and with a floor-to-ceiling height of not less than 6Â 1/2
feet.
A mound of earth or the act of pushing earth into a mound.
A pathway, often paved and separated from streets and sidewalks,
designed to be used by bicycles.
A sign advertising an occupant, product or service on a lot
other than the lot upon which the billboard is located.
The Township of Bloomfield Planning Board, the Zoning Board
of Adjustment or the Township Council, when acting within its scope
of jurisdiction under this chapter and/or the MLUL.
A New Jersey-licensed professional engineer retained to provide
technical advice to the Board.
A person other than a member of a family occupying a part
of any dwelling unit who, for consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A strip of land containing natural woodlands, berms or other
planted screening materials used to physically separate or screen
one use or property from another so as to minimize adverse impacts.
No building, parking area, driveway (except to provide access to the
property and which is perpendicular to the buffer area), street, sign
(except directional sign) or storage of materials shall be permitted
in such buffer.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal process, equipment, goods or materials of any kind.
The ratio of the horizontal area of all principal and accessory
buildings measured from the exterior surface of the exterior walls
of the ground floor on a lot to the total lot area.
The two-dimensional space within which a principal structure
is permitted to be built on a lot and which is defined by minimum
yard setbacks.
See "height of structure."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The line formed by an exterior wall of a building, extended
from lot line to lot line. In the case of a cantilevered section of
a building, the building line will coincide with the most projected
surface.
The diameter of a tree trunk measured in inches at height
of six inches off the ground.
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
As defined in P.L. 2021, c. 16, either a cannabis cultivator,
a cannabis manufacturer, a cannabis wholesaler or a cannabis retailer.
[Added 8-16-2021 by Ord. No. 21-31]
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
See the definition set forth in P.L. 2021, c. 16, and shall
include medical cannabis dispensaries.
[Added 8-16-2021 by Ord. No. 21-31]
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
See "awning."
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority and may also include cost estimates and the anticipated means
of financing each project.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas but not including curbs, sidewalks
or swales. Where there are no curbs, the cartway is that portion between
the edges of the paved width.
A building or place of business where the washing of motor
vehicles is carried on by hand or with the use of a chain or conveyor,
blower and water and/or steam cleaning device.
A space with less than 1/2 of its floor to ceiling height
above the average finished grade of the adjoining ground and with
a floor-to-ceiling height of less than 6Â 1/2 feet.
A document issued by the Construction Official allowing the
occupancy of a building and certifying that the structure has been
constructed and/or renovated according to and in compliance with all
the applicable state codes and municipal ordinances and resolutions.
A watercourse with a definite bed and banks which confine
and conduct the normal continuous or intermittent flow of water.
Having distinctive qualities, such that attributes or features
make up a distinguishable trait or group of traits.
An establishment providing for the care, supervision, and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, pipes and conduits, and the handling of people
and goods by such means as terminals, stations, warehouses and other
storage buildings or transshipment points.
Activity involving the sale of goods or services carried
out for profit but not including office uses.
Ownership of two or more contiguous parcels of real property
by one person or legal entity. Joint and/or common owners shall be
deemed to be one legal entity.
Water supply and/or sewage disposal systems, whether privately
or publicly owned and operated, that serve two or more dwellings or
other buildings.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter, and personal
guidance, under such supervision as required, to not more than 15
persons with developmental disabilities or with mental illnesses,
who require assistance, temporarily or permanently, in order to live
in the community, and shall include, but not be limited to, group
homes, halfway houses, intermediate care facilities, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the "Health Care Facilities
Planning Act," P.L.1971, c. 136 (C.26:2H-1 et seq.). In the case of
such a community residence housing persons with mental illness, the
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to procedures as shall be established
by regulation of the Division of Mental Health and Addiction Services
in the Department of Human Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A community residential facility licensed pursuant to P.L.
1977, c. 448 providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries who require assistance, temporarily or permanently, in order
to live in the community, and shall include, but not be limited to:
group homes, halfway houses, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health-care
facility within the meaning of the "Health Care Facilities Planning
Act," 1971, c. 136.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, for not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
The form of ownership of real property under a master deed
pursuant to N.J.S.A. 46:8B-1 et seq.
A facility used for conferences and seminars, which may include
accommodations for sleeping, food preparation and eating, recreation,
resource facilities and meeting rooms.
The Construction Official of the Township of Bloomfield when
acting pursuant to the Municipal Land Use Law, this chapter and the
New Jersey Uniform Construction Code.
Legal authorization for the erection, alteration or extension
of a structure.
Tracts of land which share one or more common boundaries.
A development of residential living units exclusively for
persons who are 62 years of age or older, or for couples, one of whom
is at least 62 years of age, which provides a continuum of accommodations
and care from independent living to assisted living facility to long-term
care facility/nursing facility/skilled nursing home and which provides
continuing care as an integral part of the residential development.
"Continuing care" is the provision of lodging and nursing, medical
or other health-related services at the CCRC or at another location
to an individual pursuant to an agreement effective for the life of
the individual or for a period greater than one year, and, in consideration
of the payment of an entrance fee with or without other periodic charges,
provided that the person receiving the care is not related to the
person who provides the care.
A composite of the plan elements for the physical development
of Essex County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board.
The Essex County Planning Board.
Any open space, unobstructed from the ground to the sky,
that is bounded on two or more sides by the walls of a building.
The turnaround at the end of a dead-end street.
A structure under a driveway, road, railroad or pedestrian
walk, not incorporated in a closed drainage system.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining, using or improving a street, public or private,
and for the construction, reconstruction or alteration of facilities
related to the safety, convenience or carrying capacity of said street,
including, but not limited to, curbing, pedestrian walkways, drainage
facilities, traffic control devices and utilities in or along road
rights-of-way.
The permitted number of dwelling units per gross area of
land to be developed, which, if not specifically stated, is derived
using minimum lot area.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; any
mining, excavation, landfill or land disturbances; or any use or change
in use of land.
Development other than planned development.
Zoning, subdivision, site plan, Official Map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
See "nightclub."
A drainage channel constructed across or at the bottom of
a slope to divert water.
The removal of surface water or groundwater from land by
drains, grading or other means and includes controls of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a lot, building or other structure
or facility.
A covered pit with an open jointed lining into which water
is piped or directed from roofs, basement floors, other impervious
surfaces or swales or pipes to seep or percolate into the surrounding
soil.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached dwellings in which each dwelling has its own front and rear access to the outside, no dwelling is located over another dwelling and each dwelling is separated from all other attached dwellings by one or more vertical common fire-resistant walls.
TWO-FAMILY/DUPLEXA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal or vertical separations, including garden apartments and townhouses.
MID-RISE MULTIFAMILYAn apartment building containing from three to five stories.
HIGH-RISE MULTIFAMILYAn apartment building containing six or more stories.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit.
A college or university authorized by the state to award
degrees.
Any obstruction within a delineated floodplain.
A study to determine the potential direct and indirect effects
of a proposed development on the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
Telephone and electric lines, cable, poles, equipment and
structures, water or gas pipes, hydrants, valves, mains or structures
or sewer pipes, together with accessories and appurtenances, maintained,
operated and conducted for the service, convenience, necessity, health
and welfare of the public, not including wireless or cellular communications
facilities.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged.
The Federal Aviation Administration.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit. For purposes of this chapter,
"family" does not include any society, club, fraternity, sorority,
association, lodge, federation or like organizations or any group
of individuals who are in a group living arrangement as a result of
criminal offenses.
Any private residence approved by the Department of Children
and Families or an organization with which the division contracts
for family day care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Federal Communications Commission.
Any structure of wood, stone, vegetation or other material
erected, planted or designed for the purpose of enclosing a piece
of land or to divide a piece of land into distinct portions or to
separate two contiguous parcels of land.
The official action of the Board taken on a preliminary approved
major subdivision or site plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guarantees properly posted for
their completion or approval conditioned upon the posting of such
guarantees.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
The floodplain consisting of the floodway and the flood fringe
area.
The same as the "flood hazard area," regulated by Chapter 250, Flood Damage Prevention, of the Township Code.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
The sum of the area of all floors of buildings measured to
the dimensions of the outside walls of the buildings inclusive of
ground floor parking, but excluding attics, basements, cellars, sheds
and detached garages, except to the extent such areas are finished
for use as bedrooms, family rooms, studies or other such living quarters;
open porches, decks, patios, terraces, balconies, breezeways and arcades;
utility, mechanical and emergency power equipment areas; stairwells
and elevator shafts in commercial buildings and multifamily dwellings;
guard houses; and any open area above the ground floor within an open
atrium space.
Representing the floor area divided by the lot area.
Particles of airborne matter, not including process material,
arising from the combustion of fuel, such as coal, wood or oil.
See "lot, frontage."
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
A building, or part thereof, or multi-level structure intended
for the parking of motor vehicles. The outdoor sale of goods is prohibited,
except for the sale of new and used motor vehicles, as permitted hereby.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A parking garage intended for the use of the owners, residents,
employees, customers or visitors of any residential or nonretail commercial
use.
A parking garage available to the general public, with or
without a fee, including one intended to serve retail uses.
See "automotive repair services."
The growing, cultivating, storage and sale of garden plants,
flowers, trees, shrubs and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products, to the general
public.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and which may provide for minor repairs, but shall not include auto
body work, welding or painting, any repair work outside of the enclosed
building or the sale of food and drinks except by vending machines.
The Mayor and Council of the Township of Bloomfield.
Any department, commission, independent agency or instrumentality
of the United States, the State of New Jersey, and/or any county,
municipal or other governmental unit.
The final elevation of the ground level adjoining a building
at all exterior walls after development.
The elevation of the ground level in its natural state, before
construction, filling or excavation.
Any operation that modifies the existing topography such
as cutting, stripping, filling, stockpiling or any combination thereof.
The total floor area for which the tenant pays rent and that
is designed for the tenant's occupancy and exclusive use, including
any basements, mezzanines and loading docks.
The floor or level of any building that is at natural grade.
See "health club."
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present potential
danger to the public health or welfare and vegetation or any forms
of wildlife.
An establishment that provides facilities for aerobic exercise
and exercise equipment, including showers, lockers and other accessory
uses.
The vertical distance from the average finished grade surrounding
the structure to the level of the highest point of the roof surface.
An occupation or activity carried out for gain by a resident
and conducted as a customary, incidental and accessory use in the
resident's dwelling unit.
A home occupation consisting of the office of a practitioner
of a recognized profession. See "professional office."
A community association, other than a condominium association,
that is organized in a development, in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A facility offering transient lodging accommodations to the
general public and may provide additional services such as restaurants,
meeting rooms, entertainment and recreation facilities.
A building or structure, or groups of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
Any material which generally reduces or prevents absorption
of stormwater into the ground, including but not limited to buildings,
parking areas, driveways, sidewalks, paving, decks and patios, but
excluding outdoor swimming pools accessory to one- or two-family dwellings.
All required parking areas that are permitted to remain unimproved
and all gravel areas shall be considered as impervious surfaces.
A lot upon which exists a structure or building.
A dwelling unit in a continuing care retirement community
which is unrestricted except as to an age requirement for occupancy.
Quasi-public and nonprofit uses, such as public utilities,
private schools and educational institutions, hospitals, houses of
worship and cemeteries.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the Township, whose right
to use, acquire or enjoy property is or may be affected by any action
taken under this chapter, or whose rights to use, acquire or enjoy
property under this chapter or under any other law of this state or
of the United States have been denied, violated or infringed by an
action or a failure to act under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Real property, including improvements and fixtures on, above
or below the surface.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
A facility which provides a full range of twenty-four-hour
direct medical nursing and other health services. Registered nurses,
licensed practical nurses and nurses' aides provide services prescribed
by a residence physician. It is for those older adults who need health
supervision but not hospitalization. The emphasis is on nursing care,
but restorative physical occupational speech and respiratory therapies
are also provided. This level of care may also include specialized
nursing services such as intravenous feeding or medication, tube feeding,
injected medication, daily wound care, rehabilitation services and
monitoring of unstable conditions.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot but not including
any street rights-of-way.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the road tangents deflect by more than 45°. The
greater frontage of a corner lot is its depth and its width is measured
parallel to the lesser frontage.
That part of a lot covered with impervious surfaces.
The average distance between the front lot line and the rear
lot line.
All areas disturbed for the purpose of the construction of
buildings or other structures on an individual fee simple lot. This
total shall include all disturbances, including but not limited to
building and structure areas, lawns and areas of tree removal.
A lot not meeting minimum frontage requirements and where
access to the public road is by a private right-of-way or driveway.
The length of the front lot line measured at the street right-of-way
line.
A lot other than a corner lot.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line, which on a corner lot will be the lot line opposite the lesser
frontage. In the case of triangular or other irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The distance between the side lot lines measured at the front
setback line. On corner lots, lot width shall be measured at the front
setback line parallel to the lesser frontage.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, including but not limited to surety bonds and letters of
credit under the circumstances specified in Section 16 of P.L. 1991,
c. 256 (N.J.S.A. 40:55D-53.5), and cash.
An existing industrial facility possessing greater than 125,000
square feet of gross building area throughout the complex.
A development that does not qualify as a minor site plan.
Any subdivision not classified as a minor subdivision.
An establishment principally devoted to the practice of massage
therapy, which involves pressing, squeezing, stretching or stimulating
the face, scalp, neck, limbs or other parts of the human body with
or without cosmetic preparation, either by hand or with mechanical
or electrical appliances.
A composite of one or more written or graphic proposals for
the development of the Township of Bloomfield as set forth in and
adopted pursuant to N.J.S.A. 40:55D-28 et seq.
The chief executive of the Township.
See the definition set forth in P.L. 2021, c. 16.
[Added 8-16-2021 by Ord. No. 21-31]
The development plan for a single lot which:
Does not involve adverse development impacts
upon surrounding properties or streets, a conditional use, a planned
development, any new street or the extension of any off-tract improvement;
and involves the following: a) an addition to a building or structure
not exceeding 10% of the floor area of the existing building or structure,
or 1,000 square feet, whichever is less; and/or b) a site improvement
requiring an area of disturbance of 1,000 square feet or less; and/or
c) interior alterations to a building; and d) no increase in the parking
requirement or the addition of parking spaces not exceeding 10% of
the number of existing spaces, or five new parking spaces, whichever
is less; or
Involves an application in which the only relief sought is a sign variance. See Article V, § 315-42A(3)(b).
Any subdivision containing not more than three lots and which
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
The Municipal Land Use Law.
The Planning Board, Board of Adjustment or the Mayor and
Council when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 et seq., as amended.
Any governmental use made by the Township of Bloomfield of
property owned or leased by it or legally under its control by easement,
license or otherwise.
Shall include the entire area which is situated within 300
feet of the property lines of the proposed development.
An establishment dispensing alcoholic beverages and/or food
and in which music, dancing or entertainment is conducted as a primary
activity.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
See "long-term care facility."
As may be required by the Township, any individual, firm,
association, corporation or any other legal entity, and including
the owner or subdivider, or both, responsible for posting and executing
any required performance guaranty.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or right-of-way.
Not located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water, essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or for the use and enjoyment of owners and occupants and their
invitees, provided that such parcels or areas may be improved with
only those buildings, structures, streets, off-street parking and
other improvements that are designed to be incidental to the natural
openness of the land.
An open space area within or related to a townhouse, multifamily
or mixed residential and commercial use development, not dedicated
to public use, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An open space area owned by a public entity for the use and
enjoyment of the general public.
The use of any portion of a lot for outdoor service of food
and/or drink accessory to the principal restaurant use on the lot.
The outdoor dining area may be open to the sky, with or without umbrellas,
or may be partially or totally enclosed by a temporary awning or tent-like
structure.
Any publicly or privately owned area, at grade, within or
without a building, designed or used to park motor vehicles.
A parking area accessory to a principal use, exclusively
for the owners and tenants of the lot on which the parking area is
located and their invitees.
A parking area available to the public, with or without payment
of a fee.
Any public or private parking area or garage.
A space for the off-street parking of one operable licensed
motor vehicle within a public or private parking area.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice.
A level surfaced area directly adjacent to a principal building
at or within 1Â 1/2 feet of the finished grade, not covered by
a permanent roof.
Any security which may be accepted by the Township, including
cash, provided that a municipality shall not require more than 10%
of the total performance guarantee in cash.
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d
regulating noise levels, glare, skyglow, earthborn or sonic vibrations,
heat, radiation, television or radio waves, noxious odors, toxic materials,
explosive and inflammable materials, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the Township;
or required by applicable federal or state laws or municipal ordinances.
A certificate issued to perform work under this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Establishments primarily engaged in providing services involving
the care of a person or a person's personal goods or apparel. Examples
include laundromats, dry cleaners, beauty salons, barbershops, shoe
repair, tailors, spas, tattoo shops and health clubs. Massage parlors
shall not be considered a personal service.
[Amended 11-27-2023 by Ord. No. 23-56]
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Board for final approval in accordance
with this chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Board for consideration
and preliminary approval.
A roofed open area, which may be screened, usually attached
to or part of and having direct access to and from a building.
The conferral of certain rights prior to final approval,
after specific elements of a development plan have been approved by
the Board and agreed to by the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A building in which is conducted the main use of the lot.
The office of a member of a recognized profession maintained
for the conduct of that profession.
Any land owned or operated by a governmental entity.
A facility with the primary function of generating, creating
or harnessing natural or human-made energy for essential services
use or distribution off site, including electrical sub- and switching
stations, or the disposal or treatment of water or wastes, not including
service yards or storage and treatment yards and facilities or wireless
telecommunications facilities.
A majority of the full authorized membership of a municipal
agency.
Facilities for leisure time activities which require equipment
and take place at prescribed places, sites or fields, including but
not limited to swimming, tennis and/or other court games, other field
sports, running, jogging, water sports and playground activities.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the Township, county or other governmental
agency.
Facilities for activities that involve relatively inactive
endeavors, including but not limited to, walking, sitting, picnicking,
and outdoor table games. Passive outdoor recreational facilities may
also include open areas suitable for nature walks and for scenic observations.
A vehicle without permanent foundation that can be towed,
hauled or driven and primarily designed as temporary living accommodation
for recreational, camping and travel use.
A facility limited to laboratories engaged in scientific
investigation, testing or the production of factual information for
industrial, commercial or institutional clients.
See "density."
The R-1A, R-1B, R-2A, R-2B, R-G, R-T, R-H, CORD and PO/R
Districts.
An establishment where the preparation, serving and consumption
of food is the principal purpose, mostly at tables within the principal
building. Alcoholic beverages may also be served, but only ancillary
to food service.
An establishment where food and drink may be ordered and/or
picked up from a motor vehicle.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within a building
or off the premises.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances made
so as to combine existing lots by deed or other instrument.
Establishments engaged in selling goods, merchandise or services
to the general public for personal use or household consumption, but
not including adult uses, junk or scrap yards, petroleum and propane
bulk stations, gasoline service stations, automobile repair or body
shops, offices, car washes or the sale of new or used automobiles,
automotive parts and lumber and other building materials.
An apparatus capable of transmitting and/or receiving signals
from geostationary orbital satellites, also known as a "satellite
earth station."
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
Any school that is licensed by the state and meets state
requirements for elementary education.
Any school that is licensed by the state and meets state
requirements for secondary education.
A person who is 62 years of age or older.
Housing that is located and designed to meet the special
needs and accommodate the changing living arrangements of senior citizens.
Organizations whose principal purpose is community service,
such as Rotary, Kiwanis and Lions Club.
That line to which a building must be set back from the property
line.
A site developed with more than two commercial establishments
in one or more buildings, planned and managed as a total entity, with
customer and employee parking provided on site, provision for goods'
delivery separated from customer access, and with aesthetic considerations,
circulation, landscaping and signage incorporated into an approved
plan.
Use of the sidewalk beyond the front building wall, including
intrusion into the street right-of-way, of any restaurant for chairs,
tables and other space dividers at which food and/or drink is served
for consumption by patrons of the restaurant.
A triangular-shaped portion of land established at street
intersections in which nothing shall be erected, placed, planted or
allowed to grow in such a manner as to limit or obstruct sight distance
of motorists entering or leaving the intersection.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, wetlands and waterways.
The location of all existing and proposed buildings,
driveways, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, structures and
signs, lighting and screening devices;
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter by the Planning Board.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation.
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items, such
as, but not limited to, tools, lawn and garden equipment and furniture,
and similar items of personal property belonging to the occupant or
owner of the principal structure.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with a headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
A watercourse having a source, terminus, banks and channel
through which waters flow at least periodically.
A street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing state, county or municipal
roadway; or
Which is shown upon a plat heretofore approved
pursuant to law; or
Which is approved by official action as provided
by this chapter; or
Which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
A street that collects traffic from local streets and connects
with major and minor arterials and so designated in the duly adopted
Township Master Plan.
A street with a single common ingress and egress with a turnaround
at the end.
A street intended primarily for access to individual properties
and designed for local traffic and so designated in the duly adopted
Township Master Plan.
Any street or road intended to carry large traffic volumes
at steady speeds through the Township and so designated in the duly
adopted Township Master Plan.
A street running parallel to a freeway or major arterial
and serving abutting properties.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified by the administrative officer
to conform to the requirements of this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
Township. The term "subdivision" shall also include the term "resubdivision."
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register of Historic Places or a state inventory of historic
places.
An artificial basin or other structure for the holding of
water, constructed on residential premises for the sole use of the
occupant of the premises, their family and guests, for wading, swimming,
diving or other aquatic sports and recreation. The term "swimming
pool" shall not include any plastic, canvas, rubber or other small
receptacle temporarily erected on the ground and which holds less
than 500 gallons of water.
See "bar."
A facility used for viewing of live performances and/or films.
Containing a specific topic, quality, characteristic or design
representation which the development is designed upon.
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacement for any purposes
whatsoever. Topsoil shall be capable of supporting vegetation indigenous
to the area.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, wireless communications towers, alternative tower structures,
and the like; it also includes the structure and any support thereto.
LATTICE TOWERA lattice shaped steel structure held in place by a concrete foundation upon which antennas are mounted.
GUYED TOWERAny steel structure upon which antennas are mounted which is supported by steel cables.
MONOPOLE TOWERA steel structure which itself acts as an antenna.
That person appointed to the position by Township Council.
Property which is the subject of a development application.
All tract disturbances not associated with individual lots,
including areas disturbed for roadways and drainage systems.
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle.
A prefabricated container, trailer or converted or altered
vehicle structure used or intended for use as temporary or permanent
storage or occupation on site. The term "transportable" shall not
include prefabricated sheds for use on residential properties. Transportable
shall include emergency temporary residential transportables, temporary
construction site trailers and temporary storage transportables.
Any form of artificial illumination emanating from a light
fixture or illuminated sign that penetrates other property.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of Article V, Zoning, of this chapter.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
Permission to depart from the literal requirements of this chapter, except for deviations from Article V, Zoning, which require a variance.
A solid, vertical structure of wood, masonry or other material
serving to enclose, divide or protect an area.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
Establishments or places of business primarily engaged in
selling merchandise to retailers; industrial, commercial, institutional
or professional business users; other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies, not including the sale of used automotive
parts, junk and scrap yards or petroleum and propane bulk stations
or terminals.
A site operated by a licensed wireless telecommunications
provider, including towers, antennas and related structures, used
to transmit or receive electromagnetic waves for commercial purposes.
An open space that lies between the principal building or
buildings and the nearest lot line.
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at its closest point to the front lot line.
The space between the rear building wall of the principal
building, as extended from side lot line to side lot line, and the
nearest lot line, and measured perpendicular to the building at its
closest point to the nearest lot line.
The space between a side building wall of the principal building
and a side lot line, extending from the front yard to the rear yard
and measured perpendicular to the building at its closest point to
the side lot line.
A document signed by the Zoning Officer:
Which is required as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building,
or for a subdivision; and
Which acknowledges that such use, structure
or building complies with the provisions of the Township Land Development
Ordinance or variance therefrom which was duly authorized by the appropriate
agency of the Township pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
