The following regulations shall govern the uses therein indicated:
A.
Country clubs.
(1)
In residential districts, where permitted, no building shall be located
within 50 feet of any property line. In residential districts, where
permitted, there may be included retail sales for members and their
guests only.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 92-18, Landscaping.
(3)
Illuminated signs and other lights shall be directed away or shielded
from adjoining residential properties in such a way as not to disturb
the occupants thereof.
(4)
No public address system is permitted except where such system will
not be audible at any property line.
A.
Essential services, enclosed or permanent structures.
(1)
Public utility services. Such uses shall include electric substations,
transformers, switches and auxiliary apparatus serving a distribution
area, and water-pumping stations in residential districts, and shall
be subject to the following regulations:
(a)
Such facility shall not be located on a residential street,
unless no other site is available, and shall be so located as to draw
a minimum of vehicular traffic to and through such streets.
(b)
The location, design and operation of such facility may not
adversely affect the character of the surrounding residential area.
(c)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 92-18A.
(d)
Noise emitted from electric substations shall not be greater
than permitted in accordance with the performance standards set forth
herein.
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electric, steam or water transmission or distribution systems; and collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utility or utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 92-18B shall apply.
[Amended 3-17-2020 by Ord. No. 7-2020]
A.
Hotels, motels and similar uses.
(1)
Such uses shall have a minimum area for each unit of occupancy of
150 square feet and shall include a minimum of one bedroom and a shower
or bathroom with toilet.
(2)
Such uses may include retail sales for guests only.
(3)
Illuminated signs and other lights shall be directed away from or
shielded from adjoining residential properties in such a way as not
to disturb the occupants thereof.
B.
Agricultural uses. The keeping of livestock shall be permitted in
any residence zone, provided that:
(1)
No such activity shall be conducted on a lot of less than three acres,
except as permitted in § 92-21b6, Chickens.
(2)
Any structures for the shelter of said livestock, or the storage
of food or materials pertaining thereto, shall be no less than 100
feet from the nearest property line.
(3)
Any accessory building or structure related to the keeping of said
livestock shall be no less than 75 feet from any dwelling.
(4)
Any storage of livestock food or other related materials shall be
in accordance with the regulations in § 92-26c.
(5)
No slaughtering of livestock shall be permitted, except poultry.
(6)
Chickens.
(a)
License required. No person shall keep or maintain any live
chickens for any purpose without first having obtained an annual license
from the Board of Health.
(b)
Coops and runs.
[1]
All live chickens shall be confined in coops or runs.
[2]
All coops and runs shall be located outside of and completely
apart from any building used wholly or in part for dwelling purposes.
[3]
All coops or runs shall be constructed only in rear yards at
least 10 feet from property lines and at least 10 feet from any dwelling
unit.
[4]
A sufficient number of roosts to provide roosting space for
each individual chicken kept in the coop and a sufficient number of
properly placed drop boards beneath each roost, to catch all droppings
excreted by the chicken while on the roost, shall be provided.
[5]
All coops and runs and the entire surroundings of all such places
shall be kept clean at all times and shall be subject to periodic
inspection by the Health Officer of the Borough.
[6]
Coops and runs shall be disinfected or otherwise treated when
so directed by the Board of Health.
[7]
The floors of all coops shall be kept clean and dry.
[8]
At least once a week, all of the droppings shall be removed
from each coop and removed from the premises or otherwise disposed
of in a manner approved by the Board of Health.
[9]
All food for immediate consumption shall be placed in suitable
feeding troughs or similar containers, and all other food shall be
stored in animal-proof containers at all times.
[10]
Coops shall not exceed 20 square feet in area and a maximum
height of six feet (except that in the R-130 Zone coops shall not
exceed 100 square feet in area and a maximum height of six feet),
measured from grade to ridge, and not less than four square feet per
chicken. Runs shall not exceed 10 square feet per chicken.
[11]
No chicken food shall be scattered about any premises.
(c)
Noise. No person shall keep any screeching, screaming or chattering
chicken, or chicken which emits frequent or long-continuous loud and
raucous noises so as to disturb the comfort or repose of any person
in the vicinity.
(d)
Flying or running at large. No person shall allow any chicken
to fly or run at large. Such action is declared to be a nuisance and
dangerous to the public health and safety.
(e)
Prohibited uses.
[1]
No person shall engage in the business of selling, preparing
for sale or the slaughtering of chickens.
[2]
No roosters will be kept on premises, except in the R-130 Zone
in which one rooster will be permitted.
[3]
Number of permitted chickens in residential zones. Chickens
are not permitted in zones other than as designated in this section.
See table below:
|
Zone
|
Number of chickens
|
|---|---|
|
R-10
|
4
|
|
R-20
|
4
|
|
R-40
|
4
|
|
R-130
|
20
|
[4]
Keeping of chickens in any other zone than above is prohibited.
(f)
Enforcement. All provisions of this Subsection b6 shall be enforced
by the Board of Health. Fees pursuant to this section shall be regulated
by the Governing Body of the Borough of Bloomingdale.
C.
Uniformity of exterior design and appearance of one-family dwellings.
(1)
The Mayor and Council hereby finds that uniformity in the exterior
design and appearance of dwellings erected in the same neighborhood
tends to adversely affect the desirability of the immediate and neighboring
areas for residential purposes; tends to impair the value of both
improved and unimproved real property in such areas with attendant
deterioration of conditions affecting the health, safety and morals
of the inhabitants thereof and the general welfare of the community
at large; and tends to destroy a proper balance between the taxable
value of real property in such areas and the cost of providing municipal
services. Except as provided below, no single-family dwelling shall
be erected if it is like or substantially like, in more than six of
the following respects, any neighboring building then in existence
or for which a building permit has been issued:
(a)
Height of the main roof ridge or, in the case of a building
with a flat roof, the highest point of the roof beams, above elevation
of the first floor.
(b)
Height of the main roof ridge above the top of the plate. All
flat roofs shall be deemed identical in this dimension.
(c)
Length of the main roof ridge or, in the case of a building
with a flat roof, length of the main roof.
(d)
Width between outside walls at the ends of the building measured
under the main roof at right angles to the length thereof.
(e)
Relative location of windows in the front elevation or in each
of both side elevations with respect to any door, chimney, porch or
attached garage in the same elevation.
(f)
In the front elevation, both the relative location with respect
to each other of the garage, if attached, or porch, if any, and the
remainder of the building; and either the height of any portion of
the building located outside the limits of the main roof, measured
from the elevation of the first floor to the roof ridge or, in the
case of a flat roof, the highest point of the roof beams, or the width
of said portion of the building if it has a gable in the front elevation,
otherwise the length of said roof ridge or said flat roof in the front
elevation.
(2)
Buildings shall be deemed to be like each other in any dimension
with respect to which the difference between them is not more than
three feet. Buildings between which the difference in relative location
of elements is an end-to-end or side-to-side reversal of elements
shall be deemed to be like each other in relative location of such
elements. For the purpose of this section, a building shall be deemed
to be a neighboring building if the distance between such building
and the subject building, including attached accessory buildings on
both, if any, is not more than 225 feet and if both buildings front
on the same street.
D.
Garages in residential districts. Every single-family dwelling erected
or for which a building permit is issued as of the adoption date of
this chapter shall have a private parking garage as an attached or
detached accessory use on the same zone lot as the principal building.
[Amended 5-19-2015 by Ord. No. 9-2015; 4-5-2016 by Ord. No. 10-2016; 1-19-2021 by Ord. No. 2-2021; 1-17-2022 by Ord. No. 1-2023]
A.
Off-street parking. In all districts in connection with every manufacturing,
business, institutional, recreational, and residential or any other
use, there shall be provided, at the time any building or structure
is erected or is enlarged or increased in capacity, off-street parking
spaces open to the users at no charge in accordance with the requirements
set forth herein.
[Amended 1-19-2021 by Ord. No. 2-2021; 1-17-2022 by Ord. No. 1-2023]
(1)
Size and access.
(a)
Each off-street parking space shall have an area of not less
than 162 square feet measuring not less than nine feet in width and
not less than 18 feet in length in an area exclusive of access drives
or aisles, and shall be of usable shape and condition. Except in the
case of dwellings, no parking area provided hereunder shall be established
for less than three spaces. There shall be adequate provisions for
ingress and egress to all parking spaces. The grade of residential
driveways shall not be over 15%, and for all other parking areas the
grade shall be 10%.
(b)
Access to off-street parking areas shall be limited to several
well-defined locations, and in no case shall there be permitted unrestricted
access along the length of the street or alley upon which the parking
area abuts. Permits shall be required for curb cuts except for new
residential subdivisions.
(2)
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Schedule of Regulations in accordance with the definition of "floor area" as set forth in Article XI hereof.
(3)
Off-site facilities. All permitted and required accessory off-street
parking spaces, open or enclosed, shall be located on the same zone
lot as the use to which such spaces are accessory, except that such
spaces may be provided elsewhere but shall be provided within a radius
of no greater distance than 1,500 feet from that zone lot. For utilization
of spaces on property not in the same ownership as the use to which
they are accessory, a copy of a lease/license agreement between the
user and the property owner allowing the utilization of the spaces
must be submitted to the Zoning Officer within 10 days of execution
of the agreement. If the agreement is terminated for any reason, the
user must immediately notify the Zoning Officer of same and terminate
all use.
B.
Off-street loading.
(1)
Size and location. Loading spaces shall be not less than 10 feet
in width, 25 feet in length and 14 feet in height and may occupy all
or any part of any required yard; except that where located adjacent
to any residential district, they shall be set back a minimum of six
feet from such property line.
C.
Joint facilities for parking or loading. Off-street parking and loading
facilities for separate uses may be provided jointly if the total
number of spaces so provided is not less than the sum of the separate
requirements for each use and provided that all regulations governing
the location of accessory spaces in relation to the use served are
adhered to. Further, no accessory space or portion thereof shall serve
as a required space for more than one use unless otherwise approved
by the appropriate Board in accordance with the purposes and procedure
set forth herein and provided by State statute.
D.
Development and maintenance of parking and loading areas. Every parcel
of land hereafter used as a public or private parking area or loading
area, including a commercial parking lot, shall be developed and maintained
in accordance with the following requirements:
(1)
Screening and landscaping. Off-street parking areas for more than
five vehicles and off-street loading areas shall be effectively screened
by a fence or hedge on each side which adjoins or faces another premises.
Such fence or hedge shall not be less than four feet nor more than
six feet in height and shall be maintained in good condition without
any advertising thereon. Any space between such fence or hedge and
the side lot line adjoining a premises or the front lot line facing
a premises in any residential district shall be landscaped with grass,
hardy shrubs or evergreen ground cover and maintained in good condition.
(a)
No gasoline filling station, parking garage, motor vehicle repair,
paint or body shop or any vehicular access thereto shall be located
within 300 feet of the following uses if the property owned or dedicated
to such uses is located along the same street and on the same block:
schools, playgrounds, churches, hospitals, public libraries and institutions
for dependents or for children.
(2)
Minimum distances and setbacks. No off-street loading area or parking
area or part thereof for more than five vehicles shall be closer than
three feet to the adjoining lot line upon which adjoining lot is located
any dwelling, school, hospital or other institution for human care.
If not in a residential district but adjoining such district, the
parking area shall not be located within five feet from the established
street right-of-way line within 50 feet of any residential district.
(3)
Surfacing. All off-street parking or loading areas shall be surfaced
with an asphaltic or Portland cement binder pavement or similar durable
and dustless surface which shall be so graded and drained as to dispose
of all surface water accumulated within the area and shall be so arranged
and marked as to provide for the orderly and safe loading, parking
and storage of self-propelled vehicles.
(4)
Lighting. Any lighting used to illuminate any off-street parking
or loading areas shall be so arranged as to reflect away from the
adjoining premises in any residential district.
(5)
Modification of requirements. The Board of Adjustment may, on appeal,
authorize a modification, reduction or waiver of the foregoing requirements,
if it should find that, in the particular case appealed, the peculiar
nature of the use or the exceptional situation or condition must justify
such action.
E.
Service stations and parking garages.
(1)
Location of exits and entrances.
(a)
Vehicular access to the above automotive uses shall not be closer
to the intersection of any two streets' lot lines than 50 feet, nor
shall any such use be located within 25 feet of any boundary line
of any residential district.
(2)
Location of appliances or pits. No gasoline filling station or parking
garage shall be permitted where any gasoline oil pump or oil-draining
pit or visible appliance for any such purpose is located within 10
feet of any street lot line, except where such appliance or pit is
within a building.
F.
Commercial or registered school vehicles in residence districts.
The garaging, storing or parking of any commercial or registered school
vehicle in excess 12,000 pounds gross vehicle weight registered (GVWR)
on any premises within a residential district is prohibited; provided,
however, that nothing herein shall prohibit the parking of a commercial
vehicle for such reasonable time as may be required for pickup, delivery,
maintenance or installation in the regular course of business to residents
of such districts. Only one commercial or one registered school vehicle
not to exceed 12,000 pounds GVWR shall be permitted per residential
dwelling, other than garaged vehicles.
No animal hospitals, kennels or pounds shall be located closer
than 100 feet to any residential district, restaurant or hotel in
any district where permitted, and such uses shall show that adequate
measures and controls shall be taken to prevent offensive noise and
odor. No incineration of refuse shall be permitted on the premises.
[Amended 5-3-2022 by Ord. No. 6-2022; 6-28-2022 by Ord. No. 10-2022; 8-16-2022 by Ord. No. 14-2022; 7-18-2023 by Ord. No. 27-2023]
Conditional uses, as enumerated in Article XII, Schedule of Regulations, shall be permitted only upon authorization by the Planning Board pursuant to § 92-24, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter:
A.
That the use is a permitted conditional use as set forth in Article XII, Schedule of Regulations, hereof.
B.
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
C.
That the use will not cause substantial injury to the value of other
property in the neighborhood where it is to be located.
D.
That the use will be compatible with adjoining development and the
proposed character of the zone district where it is to be located.
E.
That adequate landscaping and screening is provided as required in § 92-18 and as otherwise provided herein.
F.
That adequate off-street parking and loading is provided and ingress
and egress is so designed as to cause minimum interference with traffic
on abutting streets.
G.
That the review of the conditional use shall include any required
site plan review under this chapter. Applications for existing building
structures containing more than one commercial use location and having
a previously approved site plan on file in the Construction Office
shall not require the submission of a site plan for the Planning Board
review.
H.
Conditional use standards for animal hospitals, veterinary offices,
kennels and animal day-care centers.
(1)
Soundproofing of all exterior walls of the building or of the entire
perimeter of the space devoted to such use, where a building will
contain multiple uses, shall be required.
(2)
Where outdoor runs or play areas are proposed, the minimum lot area
shall be five acres and the minimum setback of any outdoor run or
play area from a property line shall be 200 feet. The outdoor run
or play area shall be visually screened from adjoining properties
and from other activity areas on the site. Moreover, the outdoor runs
or play area shall be located as far as possible from the parking
lot and from the main building entrance.
(3)
Dog walking areas shall be policed on a regular basis and shall contain
cleanup stations stocked with plastic bags and a receptacle for disposing
of waste. Appropriate signage shall be posted to ensure client compliance.
I.
Conditional use standards for hotels and motels.
(1)
The maximum height permitted for a hotel or motel shall be four stories
and 50 feet, measured from the average grade around the building to
the top of the ridgeline of the roof.
(2)
Hotels and motels shall only be permitted as part of a comprehensive
development of 20 acres or more consisting of multiple permitted uses
within the B-1-A Zone. Freestanding hotels and motels shall not be
permitted.
(3)
Hotels and motels shall be located at least 100 feet from any residential
lot line and shall be set back from the street line at least 50 feet.
(4)
Signage for a hotel or motel may be located on one or more exterior
walls of the building, provided that said walls do not face a residential
area, and said signs may be placed above the twelve-foot height limit
for other uses, subject to site plan review. Additionally, one sixteen-square-foot
freestanding monument-type sign may be placed at the entrance to the
hotel or motel site, provided such freestanding monument-type sign
does not exceed a height of four feet above ground level and is set
back at least 10 feet from all lot lines.
J.
Conditional use standards for cannabis retailers as set forth in § 92-66, Permitted cannabis uses.
These regulations shall apply to all excavations and related
operations, except those excavations normally made as part of building
or utility construction and those related to bona fide farming, forestry
or agricultural operations.
Removal of and mining or quarrying for earth, sand, gravel,
rock, peat and minerals are specifically covered by this section.
A.
Permitted locations. Excavations and related operations shall be
considered a temporary use of land and shall be permitted as a conditional
use in the M-1-Q Zone.
B.
Procedure.
(1)
Permits shall be issued according to the provisions of § 92-44C and shall be valid for one year from date of issuance.
(2)
Prior to the issuance of any permit for excavation, the applicant
shall file with the Borough Engineer a bond on a form prescribed and
furnished by the Engineer, payable to the Borough of Bloomingdale
and conditioned that the applicant shall faithfully replace a sufficient
overburden as required herein. The amount of the bond shall be set
by the Engineer based on his estimate of the reasonable cost of such
replacement. Such a bond shall be signed by the applicant and a corporate
surety licensed to do business in the State of New Jersey, or the
applicant may elect to deposit cash or United States securities in
lieu of the surety bond. Upon covering the exposed surface and approval
thereof by the Borough Engineer, the Borough will release the applicant
and his surety from their bond.
(3)
If any person fails to comply with the requirements of this chapter
in any respect within three months of the expiration of each permit,
the Borough shall proceed to sue and collect the amount of liability
thereof on the bond as is necessary to cover the liability thereof.
C.
Restrictions.
(1)
Open excavations and pits shall be enclosed with a substantial fence
not less than six feet high. Such fence shall at all points be located
40 feet or more distant from the edge of such excavation and not less
than 50 feet from any property line or 100 feet from any school or
charitable institution.
(2)
Operations for drilling and for excavating purposes shall not begin
earlier than 7:00 a.m. or continue later than 7:00 p.m. during each
day, and such structures shall not be operated on Sundays.
(3)
Backfill and the replacement of overburden material shall be required of all excavation operations. Such backfill, when reasonably compacted, shall restore all of the excavate property as close as practical to its original grade or to a shallower slope but, in no case to a grade of more than 5% greater than the original grade, provided that adequate drainage shall be maintained. The characteristics of the overburden to be replaced and the degree of compactness shall in each case be determined by the Borough Engineer. Rock quarrying operations involving the generally vertical removal of the side of a hill, mountain or similar projection above the grade of surrounding land shall be exempt from the provisions of this subsection to the extent that original horizontal grades at the foot of such hill or mountain are not disturbed. Such hillside operations shall, however, be required to leave the final surface in such condition and slope as in the opinion of the Borough Engineer will not cause dangers from landslides and rockfalls. Further, if warranted in the opinion of the Planning Board, a permanent fence similar to and as per § 92-25C(1) above may be required at the top of such hillside operations.
D.
Compliance with pertinent State regulations is also required as a
prerequisite to the issuance of a permit under this section.
[Amended Ord. No. 17-2015; 6-13-2017 by Ord. No. 14-2017; 3-1-2022 by Ord. No. 2-2022; 6-28-2022 by Ord. No. 9-2022; 12-19-2023 by Ord. No.
40-2023]
A.
Seasonal dwelling unit conversions.
(1)
Occupancy permits for existing units. An annual list of all seasonal
dwelling units in the Borough shall be compiled by the Construction
Official. The Construction Official shall issue a certificate of occupancy
for each seasonal dwelling unit stating that the building for which
the certificate of occupancy is issued shall be used only on a seasonal
basis between May 1 and October 30 and for periods not exceeding four
successive days between October 30 and May 1. No dwelling unit for
which a seasonal occupancy permit has been issued shall be used for
year-round occupancy except as otherwise provided herein.
(2)
Occupancy permits for conversions to year-round occupancy. The conversion
to year-round occupancy of any seasonal dwelling for which a permit
shall have been issued for seasonal occupancy shall be subject to
the following requirements:
(a)
The owner of such property shall apply to the Construction Official
for a certificate of year-round occupancy. Such application shall
be accompanied by a floor plan of the subject dwelling as it exists
and as proposed subsequent to conversion. Such certificate shall be
issued only upon authorization by the Board of Adjustment or Planning
Board.
(b)
It shall be the objective of the Planning Board or Board of
Adjustment to discourage the conversion of existing dwellings originally
designed for seasonal occupancy where such conversion is likely to
effect unsafe or unsanitary living conditions, overcrowding of families
and lack of privacy within any dwelling unit which shall be so converted.
(c)
In considering and approving such application, it shall be the
primary concern of the Planning Board or the Board of Adjustment to
preserve the public health, safety and welfare. To this end, the approval
of any such application shall include appropriate conditions and safeguards
in harmony with the general purpose and intent of this chapter and
particularly with regard to the following:
[1]
Safe and adequate ingress and egress.
[2]
Minimum habitable floor area of 900 square feet.
[3]
Adequate construction to provide sufficient protection from
the elements.
[4]
Proper installation of heating, plumbing, water, sewerage and
lighting facilities in accordance with appropriate municipal codes
for new construction.
(3)
Nondwelling structures. No commercial or manufacturing structure
originally designed for other than residential uses shall be converted
to a dwelling structure, nor shall any such structure which was so
converted prior to December 27, 1960, be further converted to provide
for additional dwellings.
B.
Home occupations.
[Amended 6-13-2017 by Ord. No. 14-2017; 3-1-2022 by Ord. No. 2-2022]
(1)
Permitted home occupations operated in any dwelling unit may be operated
only if they comply with all of the following conditions:
(a)
The occupation is located within a single-family dwelling unit
or in a building or other structure accessory to a single-family dwelling
and only by the person or persons maintaining a dwelling therein,
and not more than two additional persons shall be employed in the
home occupation.
(b)
There is not displayed or created outside the building any evidence
of the home occupation, except that one unanimated, nonilluminated
flat or window sign having an area of not more than two square feet
shall be permitted on each street front of the zone lot on which the
building is situated.
(c)
The use, except foster family care, does not utilize more than
20% of the gross floor area of the dwelling unit, and except that
professional offices may utilize not more than 50% of the gross floor
area of the dwelling unit.
(2)
Permitted uses include not more than one of the following uses:
(a)
Medical, dental, service occupations and other professional
offices, in accordance with provisions for off-street parking as required
herein, with not more than two nonresident assistants.
(b)
Foster family care for not more than four children simultaneously.
(c)
Tutoring for not more than four students simultaneously, but
not including music, dancing or business schools or similar activities.
Permitted tutoring shall be clearly incidental and secondary to the
use of the dwelling unit for residential purposes.
(d)
Cottage food operators (home bakers) as permitted and regulated
by N.J.A.C. 8:24-11.1 et seq. and subject to the following restrictions:
[1]
Sales to consumers at the cottage food operator's residence
may only be conducted Monday through Saturday, from 9:00 a.m. to 5:00
p.m. Such sales shall only be conducted within the residence structure.
[2]
No more than three consumers may be on the residence site of
a cottage food operator (home baker) at any one time.
C.
Outdoor storage areas. Such uses shall not abut existing residential
development, a residential street or any residential district, and
the operation thereof shall be governed by the following provisions
and any other condition as may be required by the Planning Board to
protect the public health, safety, comfort, convenience and general
welfare and especially with regard to abutting properties and the
occupants thereof:
(1)
Flammable and explosive liquids. No highly flammable or explosive
liquids, solids or gases shall be stored in bulk aboveground. Tanks
or drums of fuel directly connecting with heating devices or appliances
located on the same premises as the tanks or drums of fuel are excluded
from this provision.
(2)
Fencing and setbacks. All outdoor storage facilities shall be enclosed
by a fence or wall adequate to conceal such facilities and the contents
thereof from adjacent property. Such walls and fences shall be not
less than 20 feet distant from all property lines which abut a residential
district or existing residential development, but in any other case
shall be not less than 10 feet distant from any property line and
shall be not less than 25 feet distant from any public street.
(3)
Deposits of wastes. No materials or wastes shall be deposited on
any premises in such form or manner that they may be transferred off
such premises by natural causes or forces.
(4)
Other hazardous materials. All materials or wastes which might cause
fumes or dust or which constitute a fire hazard or which may be edible
by or otherwise be attractive to rodents or insects shall be stored
outdoors only in closed containers.
D.
Signs. The following regulations shall apply to all permitted signs:
(1)
Maintenance. Signs must be constructed of durable materials, must
be maintained in good condition and must not be allowed to become
dilapidated.
(2)
Projection of signs. No signs projecting from a building more than
one foot shall be permitted.
(3)
Height of signs. No sign shall be higher than the height limit in
the district where such sign is located, nor shall any sign be located
upon the roof of any building.
(4)
Building permits for signs. Building permits shall be required for
all signs except signs provided for in § 92-26B(l) and other
accessory residential signs. For signs in the interest of public information
and convenience, the Construction Officer, upon approval by the Planning
Board, may issue a temporary permit for a period to be designated
by the said Board. Such temporary signs shall be removed by the property
owner at the termination of any permit for the erection thereof.
(5)
Fees. No fee shall be charged for any permit connected with the erection
of a sign necessary to the public welfare.
E.
Canopies within the B-1 General Business Zone, B-1-A Commercial Zone, Bloomingdale Center District Zone, R-20U Professional/Business Office Zone, M-1 Light Industrial Zone and M-1-Q Light Industrial and Quarry Zone. Canopies may be installed permanently to run the length of the front of a permitted use. Such canopies shall be no lower than eight feet from the ground level or sidewalk and shall project no further than three feet from the front facade of the principal building. Such projection may encroach upon the street right-of-way provided the projection is no greater than two feet into the right-of-way and a minimum of four feet from the paved travel way. Supports for the canopy must be located above the canopy. Poles or braces from the ground to the canopy are strictly prohibited. Signs shall be permitted on canopies as regulated by § 92-26.3, Signs.
[Amended 6-28-2022 by Ord. No. 9-2022]
F.
Temporary tract office. A temporary tract office in any district
shall be located on the property to which it is appurtenant and shall
be limited to a six-month period, at the expiration of which time
the applicant may request a further extension of time. Otherwise,
the tract office shall be removed at the expense of the owner. Such
temporary tract office may also be conducted in a building in a housing
development as a real estate office for said development.
G.
Lighting of property.
(1)
Floodlights. The use of floodlights in any zone for lighting property
for any purpose is permitted subject to these restrictions:
(a)
Floodlights shall point away from all streets and highways and
adjacent lots.
(b)
Said floodlights shall be set up in such a way as not to constitute
a traffic or other safety hazard to automobile operations or pedestrians.
(c)
A floodlight beam must be directed primarily at the property
on which it is located or for which it is intended.
(2)
Incandescent lamps. Untinted incandescent lamps of over 10 watts
in power are strictly prohibited to be strung or hung in a series
of three or more lamps in the front yard of a business property. Untinted
incandescent lamps strung in a series of three or more, where permitted,
must be shielded or covered so as not to cause a glare at property
boundary lines or beyond.
H.
Pipelines. Pipelines that are not public utilities distributing services
to end users which are not otherwise regulated by the New Jersey Board
of Public Utilities are prohibited in all zones and districts within
the Borough of Bloomingdale.
[Ord. No. 17-2015]
I.
Salt and Other Solid De-icing Materials.
[Added 12-19-2023 by Ord. No. 40-2023]
(1)
Privately owned salt storage shall be governed by the regulations contained in § 24-3 of the Borough Code.
(2)
Storage
of loose salt or other solid de-icing materials, regardless of storage
facility type, is not permitted in any single-family residential zone,
the BCD zone, the B-1 zone or the B-1-A zone. In all other zones,
no more than 20 cubic yards shall be stored in temporary storage facilities.
(3)
Private
lake communities (Glenwild, Morse, Iosco and Kampfe). Storage containers
along private roadways shall be a solid, sealed container covered
at all times.
(4)
Temporary
outdoor storage facilities are not considered principal or accessory
structures.
(5)
Temporary
outdoor storage facilities shall be permitted only where the salt
or other solid de-icing materials are being used for the property
on which it is stored.
(6)
Permanent
outdoor storage facilities are not considered principal structures.
(7)
Permanent
outdoor storage facilities are considered accessory structures.
A.
Property designated. Ordinance No. 15-87 amended the Zoning Regulations
and shall permit nursing home use as the permitted use on a property
designated at Lot 43B, Block 57 in the Borough of Bloomingdale.
B.
Nursing homes shall be subject to the following limitations and requirements:
(1)
Minimum front footage shall be 100 feet; minimum side footage
shall be 100 feet on each side; minimum rear footage shall be 100
feet; minimum street footage shall be 200 feet.
(2)
Maximum building coverage, including accessory buildings, shall
be 15% of the lot area.
(3)
Maximum building height shall be two stories, not to exceed
35 feet to the highest point of any building, exclusive of chimneys
and cupolas.
(4)
The minimum number of parking spaces shall be one space for
each two beds.
(5)
Parking areas may be permitted in the side yards and rear yards,
but not in buffer strips required by this section.
(6)
Buffer strips 50 feet in width with plantings shall be provided
along the side lines and rear line. Existing trees in the proposed
buffer strip shall not be removed except upon approval of the Planning
Board.
(7)
The maximum number of beds shall not exceed 120.
(8)
There shall be a minimum of one separate entrance and one separate
exit from and to a proposed street.
(9)
All regulations of the State of New Jersey and the Borough of
Bloomingdale shall be complied with.
(10)
No building permit shall be issued by the Construction Official
for any nursing home use except by submission of and approval of a
site plan by the Planning Board.
A.
Purpose. The purpose of § 92-26.2 is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are as follows:
(1)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(2)
Require the location of towers in nonresidential zones;
(3)
Minimize the total number of towers throughout the community;
(4)
Require the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact on the community
is minimal;
(6)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques;
(7)
Enable the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(8)
Consider the public health and safety of communication towers,
as appropriate; and
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
|
In furtherance of these goals, the Borough of Bloomingdale shall
give due consideration to the Borough of Bloomingdale's Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
|
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The terms include
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative power structure and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This
section shall not govern any tower or the installation of any antenna
that is under 50 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas. Application for towers under this section shall
be received and approved by the Planning Board.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of § 92-26.2D(6) and D(7), absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
that functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array subject to the review of the Planning Board to ensure
that the additional units do not violate any provisions in the Borough
of Bloomingdale's Zoning Chapter.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with zone development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot. The minimum lot size for new towers and antennas
is 7,500 square feet.
(3)
Inventory of existing site. Each applicant for an antenna and/or
tower shall provide the Borough Engineer an inventory of its existing
towers, antennas or sites approved for the towers or antennas, as
well as all sites where an application is pending, that are either
within the jurisdiction of the Borough of Bloomingdale or within five
miles of the border thereof, including specific information about
the location, height and design of each tower. The Borough Engineer
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate antennas within the jurisdiction of the Borough of Bloomingdale,
provided, however, that the Borough Engineer is not, by sharing such
information, in any way representing or warranting that such are available
or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall maintain galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color as
to reduce the visual obtrusiveness. Monopoles may include a design
commonly referred to as a "monopole tree" to provide camouflaging.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least amount
of disturbance to the surrounding views.
(6)
State or Federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC and any other
agency of the State or Federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within 120 days of the effective date of
such standards and regulations unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building Codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State, local
and appropriate industry building codes. If, upon inspection, the
Borough of Bloomingdale concludes that a tower or antenna fails to
comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower
or antenna, the owner shall have 30 days to bring such tower or antenna
into compliance with such standards. Failure to bring such tower or
antenna into compliance within said 30 days shall constitute grounds
for the removal of the tower or antenna.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Borough of Bloomingdale, irrespective of municipal
and County jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated
and permitted pursuant to this section and shall not be regulated
or permitted as essential services, public utilities or private utilities
unless mandated by Federal or State law.
(10)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Borough of Bloomingdale
have been obtained and shall file a copy of all required franchises
with the Borough Engineer.
(11)
Public notice and hearing. For purposes of this section, any
conditional use request, variance request, or appeal of an administrative
approved use or conditional use shall require public notice in accordance
with N.J.S.A. 40:55D-1, et seq.
(12)
Signs. No signs or advertisements shall be allowed on an antenna
or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 92-26.2G.
(14)
Multiple antenna/tower plan. The Borough of Bloomingdale encourages
the users of towers and antennas submitting a single application for
approval of multiple sites to be given priority in the review process.
(15)
Height. The maximum height of new towers shall be 150 feet in
height.
E.
Permitted, conditional and prohibited uses.
(1)
Permitted uses. The following are specifically permitted: antennas
or towers located on property owned, leased or otherwise controlled
by the Borough of Bloomingdale provided that a license or lease authorizing
such antenna or tower has been approved by the Borough of Bloomingdale.
The decision to extend such leases to an applicant shall be vested
solely with the municipality and shall not be governed by this section.
(2)
Conditional uses. The following are specifically permitted as
conditional uses: a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna, are permitted as conditional uses in the M-1 Light
Industry Zone and the P Public Zone.
(3)
Prohibited uses. Towers and antennas are prohibited in any other
zone. No towers or antennas shall be permitted on any recreational
facility, park, passive park or area set aside as a green acre area
by the Borough of Bloomingdale. No towers or antennas shall be permitted
on any property in which a public or private school is located.
F.
Conditional use standards.
(1)
General. The following provisions shall govern the issuance
of conditional use permits for towers or antennas by the Planning
Board:
(a)
Applications for conditional use permits under this section
shall be subject to the applicable procedures and requirements of
the Borough Code, except as modified in this section.
(b)
In granting a conditional use permit, the Planning Board may
impose conditions to the extent the Planning Board concludes such
conditions are necessary to minimize any adverse effect of the proposed
tower on adjoining properties.
(c)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical or electrical, shall be certified
by a licensed professional engineer.
(d)
An applicant for a conditional use permit shall submit the information
described in this section and a nonrefundable application fee and
an escrow deposit as required by the Borough Code for conditional
use applications.
(2)
Towers.
(a)
Information required. In addition to any information required
for applications for conditional use permits pursuant to the applicable
procedures and requirements of the Borough Code, applicants for a
conditional use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 92-26.2F(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Borough Engineer to be necessary to assess compliance with this section.
[2]
Legal description of the entire tract and leased parcel (if
applicable).
[3]
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 92-26.2D(3) shall be shown on an updated site plan map. The applicant shall also identify the type of construction of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
[7]
A description of compliance with § 92-26.2D(3) through D(7), D(10) and D(12) and § 92-26.2F(2)(c) and (d), and all applicable Federal, State or local laws.
[8]
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
[9]
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower.
[11]
A description of the feasible locations of future
towers or antennas within a two mile radius surrounding the Borough
of Bloomingdale based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
[12]
A visual study of intent on whether excess space
will be leased.
(b)
Factors considered in granting conditional use permits for towers.
In addition to any standards for consideration of conditional use
permit applications pursuant to the Borough Code, the Planning Board
shall consider the following factors in determining whether to issue
a conditional use permit:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress;
[8]
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures
as discussed in § 92.26.2F(2)(c).
[9]
Availability of proposed tower to other potential users.
(c)
Availability of suitable existing towers, other structures or
alternative technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the Planning
Board that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Planning Board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of the following:
[1]
No existing towers or structures are located within the geographic
area that meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
[5]
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that all alternative technology that
does not require the use of towers or structures, such as table microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
(d)
Setbacks. The following setback requirements shall apply to
all towers for which a conditional use permit is required:
[1]
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line.
[2]
All accessory buildings must satisfy the minimum zoning distance
setback requirements.
[3]
No tower shall exist within required buffer areas if adjacent
to residential zones and as prescribed under local ordinance.
(e)
Separation. The following separation requirements shall apply
to all towers and antennas for which a conditional use permit is required.
[1]
Separation from off-site uses/designated
areas.
[i]
Tower separation shall be measured from the array
line to the lot line of the off-site uses and/or designated areas
as specified in Table 1, except as otherwise provided in Table 1.
[ii]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1 Tower Separation
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Residential, public parks, schools or house of worship
|
200 feet or 300% height of tower, whichever is greater from
the lot line
|
|
Vacant residentially zoned land
|
200 feet or 300% height of tower, whichever is greater from
lot line
|
|
Nonresidentially zoned lands or nonresidential uses
|
None, only Zoning Chapter setbacks apply
|
[2]
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base pursuant to a site plan of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
|
Table 2 Existing Towers-Types
| |||
|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole more than 75 ft. in height
|
Monopole less than 75 ft. in height
|
|
5,000 ft.
|
5,000 ft.
|
1,500 ft.
|
750 ft.
|
(f)
Security fencing. Towers shall be enclosed by securing fencing
not less than six feet nor more than eight feet in height and shall
also be equipped with an appropriate anti-climbing device.
(g)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required.
[1]
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screen the view of the tower compound from
the property used for residences of planned residences. The standard
buffer shall consist of a double-staggered row of evergreens consisting
of no less than seven feet nor more than 10 feet wide buffer to screen
view of the facility.
[2]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
[3]
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
(h)
Access and parking. There must be a suitable ingress/egress
to/from the tower facility and a minimum of two parking spaces.
(i)
Real estate values. As a criterion for approval, the Planning
Board must find that the proposed tower facility will not have a substantial
adverse impact on surrounding real estate values.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 100 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures that are less than 40 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment
cabinet or structure used in association with the antennas shall be
located in accordance with the following:
(a)
In front or side yards, provided that the cabinet or structure
is no greater than six feet in height or 100 square feet of gross
floor area and the cabinet/structure is located a minimum of 75 feet
from all lot lines. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of eight feet and a planted
height of at least 48 inches.
(b)
In a rear yard, provided that the cabinet or structure is no
greater than eight feet in height or 120 square feet in gross floor
area. The cabinet/structure shall be screened by an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
48 inches.
(c)
In all other instances, structures or cabinets shall be screened
from view of all residential properties that abut or are directly
across the street from the structure or cabinet by a solid fence six
feet in height or an evergreen hedge with an ultimate height of eight
feet and a planted height of at least 72 inches.
(3)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
H.
Removal of abandoned antennas and towers.
(1)
Any antenna or tower that is not operated for a continuous period
of nine months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Borough of Bloomingdale notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
90 days shall be grounds to remove the tower or antenna at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower. A permit to demolish or remove a tower or antenna will be required
in accordance with all applicable Borough ordinances.
I.
Existing towers.
(1)
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 92-26.2F. The type, height and location of the tower on the site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 92-26.2H.
[Amended ; ; 7-20-2021 by Ord. No. 14-2021; 8-17-2021 by Ord. No. 16-2021; 6-28-2022 by Ord. No. 9-2022; 3-7-2023 by Ord. No. 4-2023]
A.
Purpose and intent.
(1)
To control the size, location, character and other pertinent
features of all exterior sign or signs visible from the exterior.
(2)
To promote signage which is compatible with its surroundings,
orderly, readable, and which shall promote vehicular and pedestrian
safety through a visually nondistracting environment.
(3)
To discourage and render unlawful signs which contribute to
visual pollution and clutter thereby promoting the aesthetics of the
environs.
(4)
To promote the public health, safety and welfare by minimizing
signs which are of faulty construction or which are in disrepair,
or which are in any other way inimical to the public safety.
B.
SIGNS
BOX SIGN
FLEA MARKET SALE
GARAGE SALE
GOODS
INDIVIDUAL LETTER SIGNS
PERSON
PROJECTING SIGN
SIGN AREA
(1)
(2)
(3)
SIGN AWNING/CANOPY
SIGN FLAGS
SIGN, FLASHING
SIGN, PRINCIPAL
SIGN, SECONDARY
SIGNS, TEMPORARY
SIGN, WINDOW
Definitions. For the purposes of this section, the following words
and phrases shall have the meanings ascribed to them in this section.
Any device, freestanding or attached to a building or structure,
or erected, painted, represented or reproduced upon or in any building
or structure which displays, reproduces or includes any letter, word,
name, number, modes, insignia, design, device or representation used
for one or more of the following purposes: to identify the premises
or occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
any part of any premises including that upon which it is displayed;
to direct vehicular or pedestrian traffic and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to promote the interests of any person. "Sign"
shall not be construed to mean any non-illuminated sign in the interior
of any structure which is not visible from the outside of the structure
under normal circumstances, unless specifically designated as such
in this chapter.
A sign illuminated from its interior upon which lettering
and/or symbols are applied or affixed.
Includes all sales of tangible personal property which are
advertised by any means whereby the public at large is or can be made
aware of said sales and which are not sponsored by a homeowner and
do not take place on the premises of said homeowner. A flea market
includes "street fairs," "peddler's fairs" and "craft shows."
[Amended 8-17-2021 by Ord. No. 16-2021]
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale" or any other similar casual sale
of tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale and which
is sponsored by a homeowner and takes place on the premises of said
homeowner.
[Amended 8-17-2021 by Ord. No. 16-2021]
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
A sign having no frame or border, mounted or placed on a
facade, owning or in any other manner permitted in this section, which
is comprised of a) a logo and b) separate individual letters which,
taken together convey the purpose intended by the sign, which may
or may not be illuminated.
Includes individuals, partnerships, voluntary associations
and corporations.
A sign not parallel to the facade of a building extending
more than 12 inches beyond the face of the building.
The sign area of a "box sign" shall be the area of the box enclosing
the illuminating apparatus to which the lettering and/or symbols is
applied.
The sign area of an "individual letter sign" or "logo" shall
be the area of the smallest single rectangle which encompasses all
lettering and/or symbols.
The sign area of a "flat sign" shall be the area of the backing
to which the lettering and/or symbol is applied.
A sign on or attached to a fixed or movable awning or canopy
which is supported in whole or in part by the exterior of the building.
Other than official, national, State, County or municipal
flags shall be considered to be signs and shall comply with applicable
regulations.
A self-illuminated sign on which the attached lighting is
not stationary or constant in intensity or color at all times when
such sign is in use. Any revolving illuminated sign shall be considered
a "flashing sign."
The primary or predominant sign on the premises displayed
to identify the occupant thereof or the services rendered or a product
or item available therein or a trade, business or profession carried
on therein.
Any sign otherwise permitted by or not exempted by this section,
except temporary signs, which is not a primary sign.
Temporary signs shall include all signs erected for special
events used to direct attention to an individual, a business, a product,
a commodity or a service conducted, sold or offered on the premises
or elsewhere. Such signs shall include banners, streamers of flags,
pennants or other similar devices strung across, upon, over or along
any premises or building. Also included are freestanding sandwich-type
signs placed upon the sidewalk or yard of the building or premises.
A sign which is mounted, painted or placed on the inside
or outside of a window in such a manner that it can be viewed from
the exterior of the building.
C.
Sign erection permits and fees. It shall be unlawful for any person
to erect, relocate, reconstruct or alter any exterior sign regulated
by this section within the Borough without first obtaining a sign
erection permit from the Code Enforcement Official, pursuant to this
section. The Code Enforcement Official shall issue permits only for
such signs as are specifically allowed for one particular premises
and zone district in which the premises are located.
(1)
Sign erection application and fees. Any person desiring to erect
or relocate a sign within the Borough shall first apply for and obtain
a sign erection permit from the Code Enforcement Official as regulated
by N.J.A.C. 5:23-2.16.
(a)
Each application shall be accompanied by a filing fee of one
($1) dollar per square foot with a minimum fee of $40 per sign.
(b)
It shall be the duty of the Code Enforcement Official, upon
filing of an application for a sign erection permit, to examine such
plans and specifications and other data and the premises upon which
it is proposed to erect the sign, and if it shall appear that the
proposed sign is in compliance with all the requirements of this chapter
and all other laws and ordinances of the Borough, he/she shall then
issue a sign erection permit thereof. If the work authorized under
an erection permit has not been completed within six months after
the date of issuance of the sign erection permit thereof, such permit
shall become null and void.
(c)
The denial by the Code Enforcement Official of a sign permit
shall be appealable to the Zoning Board of Adjustment.
D.
Exempted signs. The provisions and regulations of this section shall
not apply to the following signs provided that such signs shall remain
in a safe condition.
(1)
A professional nameplate affixed to the door or adjacent wall of residential premises used in conformance with § 92-26B, not to exceed eight inches by twenty (8 x 20) inches.
(2)
A memorial sign or tablet, or a sign indicating the name of
a building, or the date of its erection, when cut into any masonry
surface or when constructed of bronze or other noncombustible material.
(3)
Signs for public convenience and welfare erected by or on behalf
of the United States, the State, the County and the Borough, legal
notices posted by approved governmental officials or their designees,
railroad crossing signs or other signs as required by law.
(4)
Celebration or seasonal-style flags on residential premises.
(5)
"Hex" signs on residential premises.
E.
General prohibitions.
(1)
All temporary signs are prohibited except those specifically
allowed as provided by this section.
(2)
Advertising signs shall be prohibited in all residential districts
except as provided by this section.
(3)
No permanent sign shall be placed or located or displayed upon
a sidewalk.
(4)
No sign shall be permitted to be erected upon the roof of any
structure.
(5)
No projecting sign as defined herein shall be permitted to be
erected above any sidewalk.
(6)
No sign shall be in whole or in part, moving, revolving, or
otherwise kinetic by design.
(7)
Signs containing exposed luminous tubing or lighting are prohibited
except as specifically approved by this chapter.
(8)
Strings or streamers of flags, pennants, spinners, or other similar devices strung across, upon, over or along any premises or building, whether a part of any sign or not, shall not be allowed within any zone district, except those which shall be specifically exempted under § 92-26.3F.
(10)
No secondary sign shall be attached to or placed upon another
sign.
(11)
No person shall place upon or attach to any tree or upon or
to any telegraph, telephone or electric light pole in any street or
highway within the Borough, any handbill, advertisement or written,
printed or partly written or printed notice of any kind except such
notices as are required by law to be posted.
(12)
Signs or advertising matter of an obscene nature are prohibited.
(13)
No billboard or billboard-type signs shall be erected.
F.
Temporary signs. Temporary signs shall be allowed in all zones.
[Amended 8-17-2021 by Ord. No. 16-2021]
(1)
Temporary signs may be installed for a period of not more than 15 days with one extension not to exceed another 15 days, with property permits and approval by the Construction Code Official pursuant to § 92-26.3C. Each locale is limited to two temporary sign approvals per year, except that flea market locales are permitted 10 temporary sign approvals per year.
(2)
Elective office. Temporary signs for elective office are permitted
only after a permit is obtained from the Construction Code Official.
Such signs must be removed no later than 10 days after the date of
the election to which they pertain. Maximum size of such signs shall
be 24 square feet. The permit fee shall be waived for temporary signs
for elective office.
(3)
Garage sales and flea markets. Garage sale and flea market temporary
signs must be removed within 24 hours after completion of the event.
The permit fee shall be waived for garage sale and flea market temporary
signs.
G.
Residential zones. All commercial signs are prohibited within a residential
zone district except:
[Amended 8-17-2021 by Ord. No. 16-2021]
H.
Signs within General Business Zone, M-1 Light Industrial Zone, M-1-Q
Light Industrial and Quarry Zone, Bloomingdale Center District Zone,
B-1-A Commercial Zone and R-20U Professional Business Office Zone.
The only signs permitted shall be a sign or signs advertising the
premises upon which it is located or displayed, or the identity of
the occupancy thereof, or a service rendered therein, or a product
or item available therein, or a permitted trade, business or profession
carried on therein as hereinafter regulated.
[Amended 7-20-2021 by Ord. No. 14-2021; 8-17-2021 by Ord. No. 16-2021; 6-28-2022 by Ord. No. 9-2022]
(1)
There shall be no more than one principal sign and one secondary
sign for each establishment or permitted use therein.
(a)
Any permitted use within a building having an exterior wall
facing an off-street parking area may have a secondary sign on said
wall if that wall contains a pedestrian entrance to said permitted
use;
(b)
Any permitted use within a building on a corner lot may have
a secondary sign. One sign shall be located on one street and a second
sign shall be located on the second or side street. Nothing contained
herein shall be construed to permit more than two signs on a building.
Secondary signs are to be a maximum of two feet in height, not to
exceed 30% of principal sign.
(2)
All signs, unless a freestanding sign, as hereinafter regulated:
(a)
Shall be installed parallel to the face of the wall to which
it is attached;
(b)
Shall not extend more than 12 inches from the structural face
of the building wall;
(c)
The bottom of the sign shall not be less than seven feet high,
measured from the ground level below;
(d)
Location of Signs. Signs shall be securely attached to a building
and shall not project beyond the sides or front of the building, nor
above the roofline at the top of any parapet wall.
(3)
The maximum height dimension of the principal sign, except freestanding
principal signs, shall not exceed three feet and the total gross area
shall not exceed 15% of the front face of the building to which it
is attached.
(4)
Where there shall be more than one occupant of the building
and where each occupant has a separate ground floor entrance, the
total area of all signs permitted as hereinafter regulated, taken
in the aggregate, shall not exceed the maximum gross area requirement
above set forth for each wall upon which any sign is permitted to
be erected. All signs shall be uniform in appearance, shall be made
of the same material with the same background and contain the same
letter typestyle and material.
(5)
No signs are permitted above the first floor.
(6)
For those premises where the structure is set back at least 20 feet from the front curbline, a freestanding sign of an area not to exceed 12 square feet in area on each side and 24 square feet in aggregate shall be permitted; provided, however, the top of said sign shall not be more than 10 feet above the level of the ground and the sign shall not be located within any road right-of-way or within any required sight triangle, or be closer than five feet from any property line. The provisions of this subsection shall not be construed to prohibit freestanding signs accessory to filling and service stations as provided in § 92-26.3H(9).
(7)
Neon signs and/or signs painted on, placed or hung on/or within 24 inches from the inside window glass of, and paper signs attached to, windows for advertising purposes shall be limited to covering 30% of the area of any one window, but in no event shall the area of coverage exceed a total of 36 square feet for each window pane. Notwithstanding the provisions of this section, unlettered and undecorated balloons, pennants, flags, banners and the like shall only be permitted for grand opening of a new permitted use and shall be displayed in accordance with § 92-26.3E. Signs other than principal signs that fail to comply with provisions of this section shall be removed no later than 60 days after the effective date of this section. Window signs are prohibited.
(8)
Facade-mounted signs for permitted uses which share a common
entrance shall be limited to tenant identification or directory signs.
Said signs shall be unlighted, limited to one sign per tenant, uniform
in appearance, made of the same materials with the same background
and contain the same letter typestyle and materials as all other similar
signs used by tenants of the building. Said signs shall not exceed
an area of two square feet per sign or a vertical height dimension
of eight inches, and where there is more than one tenant in the building,
all of said signs shall be abutting one another and not indiscriminately
placed on the exterior walls of the building. The total square footage
of the directory sign or individual tenant identification signs shall
not exceed the allowable sign area for that zone.
(9)
The following signs, customary and necessary to the operation
of filling and service stations, are permitted:
(a)
Lettering on buildings displayed over individual entrance doors
consisting of the words "washing," "lubricating," "repairing," or
words of similar import, provided there shall be not more than one
such sign over each entrance, and that the letters shall not exceed
12 inches in height;
(b)
Lettering or other insignia which are a structural part of a
gasoline pump, consisting only of a brand name, lead warning sign
and other signs as required by law;
(c)
A credit card sign not exceeding one square foot in area, affixed
to the building or permanent sign structure of the sign next referred
to;
(d)
One sign bearing the brand or trade name of the station, of
a design specified by the manufacturer, permanently affixed to the
building or its own metal substructure, such sign not to exceed 24
square feet in area on each side, or 48 square feet in aggregate area
if both sides shall have signs thereon, which sign, if on its own
metal substructure, shall be rigidly and securely attached to the
ground surface so as to create no danger to life or limb and which
sign, whether affixed to a building or on its own substructure, shall
not exceed 18 feet in height overall, provided that no such sign shall
be so affixed or erected until permission in writing therefore shall
have been issued by the Construction Code Official;
(e)
A sign attached to each gas pump, with the price of the product
as required by law.
(10)
Signs are permitted on awnings and canopies not to exceed the
applicable size regulations allowed in that zone. A sign on an awning
or canopy which is not installed on the flap or vertical plane shall
be considered a principal sign. Signs running in a horizontal direction
are permitted on the flap or vertical plane of any permitted awning
or canopy provided said sign does not exceed a height of eight inches,
measured from the bottom to the top of such sign or lettering.
(11)
Illumination of signs. Stationary illuminated signs are permitted. Except as regulated by § 92-26.3H(8), signs may be internally lighted or illuminated by a hood reflector; provided, however, that such lighting shall be arranged to prevent glare, and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, signs having moving parts or signs which may be mistaken for traffic signal devices are prohibited.
(12)
Any change of signage for preexisting, nonconforming business
area uses in residential zones shall:
I.
Maintenance. All signs together with all of their supports and other
fastening devices shall be maintained in a clean, neat, safe and orderly
manner.
[Amended 6-28-2022 by Ord. No. 9-2022]
J.
Multitenant buildings and shopping centers. The Planning Board may
waive requirements of this section where the applicant presents an
overall sign plan to the Board indicating a detailed design vocabulary
and placement and signage plan which would, in the opinion of the
Board, be consistent with the purpose and intent of this chapter and
promote the objections of this chapter.
[Amended 6-28-2022 by Ord. No. 9-2022]
K.
Existing nonconforming signs. Any sign existing on the effective date of this § 92-26.3 which does not conform with any provision thereof, shall be deemed a nonconforming structure which may be maintained upon its present premises as set forth herein. The right to maintain any nonconforming sign shall be eliminated: a) if the sign is substantially destroyed; b) if there is a change of use, occupancy or ownership of the structure or use to which the sign applies; c) if there is any change in the physical dimension of the sign; or d) if the sign box is removed for any other reason not specifically provided for.
[Amended 6-28-2022 by Ord. No. 9-2022]
L.
Garage sale and flea market permits, fees and deposit fees.
[Amended 6-28-2022 by Ord. No. 9-2022]
(1)
It shall be unlawful for any person to conduct a garage sale
or flea market in the Borough of Bloomingdale without first applying
for a permit with the Municipal Clerk's Office. Each permit so
issued must be properly displayed on the premises upon which the garage
sale or flea market sale is conducted. Unless such sale is held within
two months of the date of the permit, such permit shall expire by
limitation; provided, however, that each garage sale or flea market
is limited to a period of two consecutive weekends. Each owner-applicant
may apply for said permit not more than twice each calendar year and
no location shall receive more than two permits for an open-air flea
market per calendar year.
(2)
In cases where charitable, religious or civic organizations
have applied for permits, the Borough Council is empowered to waive
said permit fee upon request. All applicants subject to the provisions
of this section shall be required to prudently operate and conduct
said activities so as to minimize dust, but in no event shall a bed
of hay, straw, etc., be permitted. Said applicants shall be required
to have available and use containers for the storage of garbage, rubbish
and refuse accumulating on said premises.
(a)
Said applicants are required to clean or have cleaned all areas
upon which their activity has been conducted or areas affected thereby
and for a flea market shall be required to post a cash bond in the
amount of $1,000 or sufficient security acceptable to the Municipal
Attorney in lieu thereof for the purpose of assuring the faithful
clean up operations as herein set forth;
(b)
The applicant applying for said permit or the person in actual
control of the activity or the agent thereof shall be responsible
for cleaning up the above referenced area between the closing hour
of the first day of operation and the opening hour of the next day
and within 24 hours after termination of the activity. Failure to
do so will cause an automatic forfeiture of the deposit or any part
thereof necessary to enable the Borough to effectuate a prompt cleanup;
(c)
All garage and flea market sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only;
(d)
All persons are prohibited from erecting signs which would be
in violation of the Zoning Chapter of the Borough. No more than six
signs can be erected per sale;
(e)
All signs must be removed within 24 hours after completion of
the sale.
M.
Enforcement. The provisions of § 92-26.3 shall be enforced by the Construction Official of the Borough of Bloomingdale. For any and every violation of the provisions of this section, the owner and/or lessee or tenant of a building or premises where a violation exists shall for each and every violation, and for each and every day that the violation continues as a separate offense, be subject to a maximum penalty, upon a conviction of a violation, of a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both.
[Amended 6-28-2022 by Ord. No. 9-2022]
N.
Signs permitted in residential districts. The following types of
nonilluminated, nonadvertising signs are permitted in all residential
districts as follows:
(1)
Nameplates and identification signs. Signs indicating the name
or address of the occupant, or a permitted home occupation, provided
that they shall not be larger than two square feet in area. Only one
such sign per dwelling unit shall be permitted, except in the case
of corner lots where two such signs, one facing each street, shall
be permitted for each dwelling unit.
(2)
Sale or rental signs. Signs advertising the sale or rental of
the premises upon which they are erected by the owner or brokers or
any other person interested in the sale or rental of such premises
and signs bearing the word "sold" or "rented," with the name of the
persons affecting the sale or rental, may be erected or maintained,
provided that the size of any such sign is not in excess of six square
feet and not more than two such signs are placed upon any property,
unless such property fronts upon more than one street, in which case
two more signs may be erected on each additional frontage.
(3)
Institutional signs. Signs of schools, churches, or other institutions
of a similar public or semipublic nature may be erected and maintained,
provided that the size of any such sign is not in excess of six square
feet and not more than one such sign is placed on a property, unless
such property fronts upon more than one street, in which event two
such signs may be erected, one on each frontage.
(4)
Signs accessory to parking areas. Signs designating entrances
or exits to or from a parking area and limited to one sign for each
such exit or entrance and to a maximum size of two square feet each
shall be permitted. One sign per parking area designating the conditions
of use or identity of such parking area and limited to a maximum size
of nine square feet shall be permitted, provided that on a corner
lot two such signs shall be permitted, one facing each street.
(5)
Development signs. Signs advertising the sale or development
of the premises upon which they are erected, when erected in connection
with the development of the premises by a builder, contractor, developer
or other persons interested in such sale or development, may be erected
and maintained, provided that the size of any such sign is not in
excess of 20 square feet and not more than two such signs are placed
upon any property, unless such property fronts upon more than one
street, in which event two such signs may be erected on each frontage.
Any such sign shall be removed by the developer within 30 days of
the final sale of the property.
(6)
Directional signs. Signs indicating the location and direction
of premises available or in process of development, but not erected
upon such premises, and having inscribed thereon the name of the owner,
developer, builder or agent, may be erected and maintained, provided
that the size of any such sign is not in excess of six square feet
and not in excess of four feet in length and not more than one such
sign is erected on each 500 feet of street frontage.
(7)
Artisans' signs. Signs of mechanics, painters and other
artisans may be erected and maintained during the period that such
persons are performing work on the premises on which such signs are
erected, provided that the size thereof is not in excess of 12 square
feet and such signs are removed promptly upon completion of the work.
(8)
Private driveway signs. Signs indicating the private nature
of a driveway, or trespassing signs, provided that the size of any
such sign shall not exceed two square feet.
(9)
Height and projection of signs. No sign in a residential district
shall project into the public way or project higher than one story
or 20 feet, whichever is lower.
O.
Reserved.
[Repealed 6-28-2022 by Ord. No. 9-2022; 3-7-2023 by Ord. No. 4-2023]
P.
Reserved.
[Repealed 6-28-2022 by Ord. No. 9-2022; 3-7-2023 by Ord. No. 4-2023]
A.
Fences. In any residential district, fences shall be subject to the
following regulations:
(1)
Front yard. Fences shall not exceed a maximum height of four feet anywhere in the front yard or side yard which abuts a street, except as provided under regulations controlling visibility at intersections. See § 92-52A.
(2)
Side yards and rear yards. Fences shall not exceed a maximum
height of six feet, anywhere in a side or rear yard.
(3)
All fences must be erected within the property line, and no
fence shall be erected to encroach upon the public right-of-way or
in such manner that any gate from said fence shall swing over the
public right-of-way or adjacent property.
B.
For fences in all other zones, the requirements shall be the same
as for residence districts.
[Ord. No. 3-2015 § 2]
All drive-ins regardless of zone shall require an amended site
plan to be approved by the Planning Board.
[Added 8-17-2021 by Ord. No. 16-2021]
A.
Residential garage sales.
(1)
It shall be unlawful for any person or residence association
to conduct a garage sale without first applying for a permit with
the Borough Clerk's Office. In the case of a residence association,
each sale location shall operate with an individual permit. Each permit
so issued must be properly displayed on the premises upon which the
sale is conducted. Unless such sale is held within two months of the
date of the permit, such permit shall expire by limitation. Each homeowner
or residence association may apply for said permit(s) not more than
twice each calendar year.
(2)
The fee for all garage sale permits shall be as specified in Chapter 2 of the Borough Ordinances.
(3)
Each garage sale is limited to a period of two consecutive weekends
(Saturday and Sunday), and shall be conducted between the hours of
9:00 a.m. and 6:00 p.m. only.
B.
Commercial and organization-sponsored flea markets.
(1)
It shall be unlawful for any person or organization to conduct
a flea market without first applying for a permit with the Borough
Clerk's Office. Each permit so issued must be properly displayed on
the premises upon which the flea market is conducted and unless such
event is held within two months of the date of the permit, such permit
shall expire by limitation. No location, person or organization shall
receive more than 10 permits per calendar year.
(2)
The permit fee for all flea markets shall be as specified in Chapter 2 of the Borough Ordinances. In cases where charitable, religious or civic organizations have applied for permits, the Borough Council is empowered to waive said permit fee upon request.
(3)
Each flea market is limited to a period of two consecutive weekends
(Saturday and Sunday), and shall be conducted between the hours of
8:00 a.m. and 8:00 p.m. only.
(4)
All applicants subject to the provisions of this section shall
be required to prudently operate and conduct said activities.
(5)
To assure the faithful clean-up operations of all areas on public property affected by the event, a cash bond as specified in Chapter 2 of the Borough Ordinances or sufficient security in lieu thereof acceptable to the Borough Council, shall be posted by the applicant.
(6)
The applicant applying for said permit and the person in actual
control of the activity or the agent thereof shall be responsible
for cleaning up the above-referenced area between the closing hour
of the first day of operation and the opening hour of the next day
and within 24 hours after termination of the event. Failure to do
so will cause an automatic forfeiture of the deposit or any part thereof
necessary to enable the Borough to effectuate a prompt clean-up.
