Borough of Bloomingdale, NJ Schedule of Regulations

Minimum lot area: 40,000 square feet.

Minimum lot frontage: 150 feet.

Minimum lot depth: 200 feet.

Yards and lot coverage. (See Article IV and § 92-14)

Minimum yard dimensions for principal structures:

Front yard: 35 feet.

Side yard:

One: 25 feet.

Both: 50 feet.

Rear yard: 50 feet.

Maximum lot coverage: 15%. (See § 92-15)

Maximum building coverage: 8%

Maximum building height for principal structures. (See Article IV)

Feet: 35.

Stories: two and one-half (2 1/2).

Required off-street parking and loading spaces shall be the same as for the R-130 Zone as outlined in § 92-44G.

[Amended 3-7-2023 by Ord. No. 3-2023]

§ 92-46 R-20 One-Family Residential Zone.

[Amended 3-7-2023 by Ord. No. 3-2023]

The following regulations shall apply in the R-20 Zone:

Principal permitted uses shall be all uses permitted in the R-130 Zone. (See designated uses under § 92-44A)

Accessory permitted uses shall be the same as the R-130 Zone under § 92-44B.

Conditional uses to be acted upon by the Planning Board shall be the same as the conditional uses for the R-130 Zone. (See § 92-44C)

Minimum lot size. (See Article IV)

Minimum lot area: 20,000 square feet.

Minimum lot frontage: 100 feet.

Minimum lot depth: 150 feet.

Yards and lot coverage. (See Article IV and § 92-14)

Minimum yard dimensions for principal structures:

Front yard: 35 feet.

Side yard:

One: 12 feet.

Both: 30 feet.

Rear yard: 50 feet.

Maximum lot coverage: 20%. (See § 92-15)

Maximum building coverage: 10%

Maximum building height for principal structures. (See Article IV)

Feet: 35.

Stories: two and one-half (2 1/2)

Required off-street parking and loading spaces shall be the same as for the R-130 Zone as outlined in § 92-44G.

[Amended 3-7-2023 by Ord. No. 3-2023]

§ 92-46A-I R-20U Union Avenue — One-Family Residential Zone.

Principal permitted uses shall be all uses permitted in the R-40 Zone. In addition, any lot in this zone that abuts Union Avenue and is not otherwise designated as now being in the B-1-A Commercial Zone, shall be designated as being in the R-20U Zone and shall be permitted to be used for a professional or business office use, which may or may not include a second floor accessory apartment, all in accordance with the provisions of § 92-46A-II herein. Also, in connection with original Block 92 G, Lot 71 which abutted Union Avenue and was approved for a five lot subdivision consisting of current Block 92G, Lots 73.01, 73.02, 73.03, 73.04 and 73.05, each subdivided lot shall be considered as being in the R-20 Zone notwithstanding that Block 92G, Lots 73.02, 73.03 and 73.04 do not abut Union Avenue, it being the intention to encourage the aggregation of the subdivided lots for a use permitted in the R-20 Zone.

§ 92-46A-II R-20U Union Avenue — Professional/Business Office Zone.

Professional or business office uses in the R-20U Zone properties abutting Union Avenue.

The purpose of this section is to designate lots in the R-20 Zone that abut Union Avenue as R-20U Zone lots and to permit R-20U Zone lots to be used for professional or business offices consisting of the following:

Doctors, dentists, chiropractors and other licensed health care professionals.

Lawyers, psychologists and social workers.

Professional engineers, licensed land surveyors, professional planners, registered architects and certified landscape architects.

Certified public accountants.

Financial consultants and securities and commodities brokers.

Insurance brokers.

Travel agencies.

Real estate offices.

Health care services.

Computer programming, data processing, web site design and other software services.

Public uses.

Not for profit agencies and offices.

Uses similar to those listed above, subject to the rendering of an interpretation thereto by the Planning Board acting in its capacity as the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70b.

The preference is for the conversion of an existing residential building to one of the permitted uses in the zone. Where the lot is vacant or where the applicant can demonstrate that the existing residential building cannot reasonably be converted to office use or is located in such a way that the lot cannot accommodate the required parking, the applicant may elect to construct a new building on the lot, provided that the floor area ratio does not exceed 18% of the lot area.

The total permitted lot coverage by all buildings, all parking areas, whether paved or unpaved, and all other impervious surfaces shall not exceed 40% of the lot area.

New office buildings and residential buildings that are converted to office use shall be designed to be compatible in scale and appearance with the existing residential buildings within the R-20U Zone.

Storefront windows and other architectural features normally associated with a retail use shall be prohibited.

Parking shall be provided for all uses, except for those set forth in Subsection A(1) above, at the rate of one space per each 250 square feet of floor area within the building, including all areas used in connection with the office use, whether for storage, utility, service space or actual office use. Parking for the uses set forth in Subsection A(1) shall be as required in § 92-44G.

Parking for all residential uses shall provide parking as required by RSIS.

Perpendicular parking spaces shall measure at least nine feet by 18 feet; parallel parking spaces shall measure at least eight feet by 23 feet.

All parking areas shall be located in the side or rear yards, where they shall be set back a distance of at least 10 feet from any lot line, and shall be screened from view from adjacent properties by a six foot high fence or plantings or both, as approved by the Planning Board. Parking shall be prohibited within a front yard.

Parking lot lighting, where provided, shall not be mounted higher than 10 feet above ground level, shall be shielded from adjacent properties, and shall be set on a timer such that the parking lot lighting will be fully extinguished not later than one hour after the close of business. Residential style carriage lamps may be mounted on the building at its entrances and may remain on after hours for security purposes.

Existing structures shall provide a macadam surface sufficient to allow required parking and ingress and egress without backing out onto Union Avenue.

Any new construction shall require a parking plan meeting all regulatory requirements as may be determined by the Planning Board.

Signs. Signs as regulated by §§ 92-26D and 92-26.3.

[Amended 6-28-2022 by Ord. No. 9-2022]

All portions of the lot not used for buildings, parking lots, driveways and walkways shall be attractively landscaped with lawn, gardens, shrubs and trees. The planting of appropriate street trees shall be required along the frontage of the property, subject to Planning Board approval of the type and placement of such trees.

The second floor of a converted building may remain in residential use and may either be occupied by the owner of the office use or rented out as an accessory apartment. If it is to be rented out as an accessory apartment, it shall be deed restricted for a period of at least 30 years as an affordable housing unit and shall satisfy all of the provisions of any Accessory Apartment Ordinance enacted by the Borough.

All properties that are proposed to be used for professional or business office uses shall be subject to site plan review by the Planning Board. All other provisions of Chapter 92, Zoning, that are not in conflict with this § 92-46A-II shall be applicable to the conversion or development of buildings for professional or business office use.

All properties that are converted to professional or business office use as contemplated herein shall continue in such use, it being the express intention of the Borough that once a property has been converted from residential to professional or business office use, the property cannot revert to residential use.

§ 92-47 R-10 One-Family Residential Zone.

[Amended 3-7-2023 by Ord. No. 3-2023]

The following regulations shall apply in the R-10 Zone:

Principal permitted uses shall be all uses permitted in the R-20 Zone.

Accessory permitted uses shall be the same as the R-130 Zone under § 92-44B.

Conditional uses to be acted upon by the Planning Board shall be the same as the conditional uses for the R-130 Zone. (See § 92-44C)

Minimum lot size. (See Article IV)

Minimum lot area: 10,000 square feet.

Minimum lot frontage: 75 feet.

Minimum lot depth: 100 feet.

Yards and lot coverage. (See Article IV and § 92-14)

Minimum yard dimensions for principal structures:

Front yard: 25 feet.

Side yard:

One: eight feet.

Both: 20 feet.

Back yard: 25 feet.

Maximum lot coverage: 45%. (See § 92-15)

Maximum building coverage: 25%

Maximum building height for principal structures. (See Article IV)

Feet: 35.

Stories: two and one-half (2 1/2).

Required off-street parking and loading spaces shall be the same as for the R-130 Zone as outlined in § 92-44G.

[Amended 3-7-2023 by Ord. No. 3-2023]

§ 92-48 R-40-TH One-Family Residential and Townhouse Zone.

[Amended 7-18-2023 by Ord. No. 26-2023]

The following regulations shall apply in the R-40-TH Zone:

Principal permitted uses shall be all uses permitted in the R-40 Zone or, as an alternative, on all sites with a minimum size of 10 acres, townhouse developments consisting of structures with four to six dwelling units attached side by side with related parking and recreation facilities and open spaces, at a density of not over three units per acre.

Accessory permitted uses shall be the same as the R-130 Zone under § 92-44B.

Conditional uses to be acted upon by the Planning Board shall be the same as all conditional uses in the R-130 Zone.

Development regulations for R-40 Zone uses. For such uses as permitted in the R-40 Zone, the same regulations shall apply in the R-40-TH Zone as to minimum lot size, yards and lot coverage, maximum building height and off-street parking and loading.

Development regulations for townhouses.

Minimum site area and frontage. The minimum site area for each development shall be 10 acres, and the minimum frontage on a public street shall be 500 feet. Where individual units are sold such as for condominium ownership, the land shall not be divided into separate lots but shall be combined for purposes of common maintenance.

Height. The maximum height shall be 30 feet, and there shall be not over two stories. No units shall be built with any part below the outside ground level except for basements not used for sleeping purposes.

Density. The maximum density shall be three dwelling units per acre of site area, excluding public streets.

Coverage. Townhouse structures shall cover not more than 10% of the site area excluding public streets.

Number of bedrooms. No townhouse units shall have over three bedrooms, and not over 50% of the dwelling units shall have three bedrooms.

Minimum floor area of units. The minimum floor space within each dwelling unit, exclusive of garages, shall be as follows:

Number of Bedrooms	Minimum Floor Space (square feet)
1	800
2	1,000
3	1,200

Yards: distance between structures. Front, side and rear setbacks from public streets and property lines shall be a minimum of 50 feet. Side yards between structures shall be at least 25 feet, and distances between the front and the rear of structures shall be at least 50 feet. Accessory garages shall be a minimum of 30 feet from townhouse structures unless located within such structures.

Building length. No more than six dwelling units shall be contained in any one continuous structure.

Building location. Townhouse structures shall not be located on land with over a 10% slope, nor shall land within 30 feet of the front and rear of the structures have over a 10% slope in order to assure adequate outdoor living space. Deep cuts and high fills shall be avoided so as to maintain the natural character of the land as much as possible, as determined by Planning Board site plan review.

Landscaping and Recreation Space. At least 50% of the site shall consist of landscaped open space exclusive of building area, parking areas and access drives. At least 10% of the site area, which can be included in the foregoing 50%, must be common open space developed for active or passive recreation use of the residents of the townhouse development, including patios, play areas, sitting areas, swimming pools and the like.

Buffer strips. There shall be a buffer strip on all lot lines adjoining another zone district, not including street lines, of at least 15 feet in width which, if wooded, shall remain in its natural state, or, if not, shall be planted with a landscaped visual screen at least six feet in height.

Off-street parking. At least two off-street parking spaces shall be provided for each townhouse unit of one bedroom and 2.25 off-street parking spaces for each unit of two or three bedrooms, to be at least 200 square feet (10 feet by 20 feet in size), properly paved and with adequate access. No parking spaces shall be located closer than 10 feet to the front of a townhouse structure, closer than 10 feet to the rear or closer than eight feet to the side, except where parking spaces are located within the building.

Access drives. Access drives shall be at least 10 feet wide for one-way traffic and 25 feet wide for two-way traffic. No access drive shall be located closer than eight feet to a townhouse building, except where parking spaces are located within the building.

Affordable housing.

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

The set-aside of affordable units which are to be offered for sale shall be 20%. The set-aside of affordable units which are to be offered for rental shall be 15%. For developments where the set-aside results in a decimal, 0.4 and below shall be rounded down and 0.5 and above shall be rounded up.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

The affordable units shall comply with the Borough's affordable housing regulations in Chapter 12 of the Borough Ordinances. This includes, but is not limited to, affordability controls of not less than 30 years, proper distribution of one-, two- and three-bedroom affordable units, proper distribution of very-low-, low- and moderate-income units, and affirmative marketing.

This standard does not create any entitlement for a property owner or applicant for a zoning amendment, variance, site plan approval, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

The Borough may seek to continue its substantive certification by way of the Superior Court of the State of N.J. or a future administrative agency with jurisdiction over the certification process. In the event such a court or administrative agency approves a plan that deviates from the set-aside provisions of this section, then the order of the court or the administrative agency shall prevail.

(15)

Planning Board review. Site plan review and approval by the Planning Board will be required for all townhouse uses permitted hereunder.

§ 92-49 R-G Garden Apartment Zone.

[Amended 7-18-2023 by Ord. No. 28-2023]

The following regulations shall apply in the R-G Zone:

Principal permitted uses shall be garden-type apartments consisting of four or more dwelling units in each structure with related parking and recreation facilities and open spaces or, as an alternative, single-family detached dwellings under the standards and controls of the R-20 Zone.

There shall be no accessory permitted uses, except those in the R-20 Zone for single-family detached dwellings.

Conditional uses to be acted upon by the Planning Beard shall be commercial recreation facilities, such as indoor and outdoor tennis centers, compatible with garden apartment development and appropriate for the use of the garden apartment residents, subject to Planning Board site plan review.

Development regulations for garden apartments.

Lot area and frontage. The minimum lot area shall be three acres, and the minimum frontage on a public street shall be 200 feet.

Height. The maximum height shall be 30 feet, and there shall be not over two stories. No apartments shall be built with any part below the outside ground level, except that not over one dwelling unit on a lot may be constructed with up to 50% of floor-to-ceiling height below outside ground level for the exclusive use of a resident building superintendent.

Density. The maximum density shall be 10 apartment units per acre of site area, excluding public streets.

Coverage. Garden apartment structures shall not cover more than 20% of the site area, excluding public streets.

Number of bedrooms. No garden apartments shall have over two bedrooms, and not over 25% of the dwelling units shall contain over one bedroom.

Minimum floor area of apartments. The minimum floor space within single-family dwelling units shall be as follows:

Number of Bedrooms	Minimum Floor Space (square feet)
0 (efficiency apartments)	550
1	650
2	800

Yards. Front, rear and side yard setbacks from public streets and property lines shall be a minimum of 50 feet.

Building length. No more than 20 dwelling units shall be contained in any one continuous structure, and there shall be no more than 12 dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line.

Distance between structures; courts. The minimum distance front to front or front to rear shall be 50 feet; the minimum distance end to end shall be 20 feet; and the minimum distance front to side shall be 20 feet, except that the front facade of a building shall not overlap the side wall of an adjoining building by more than eight feet. Interior courts shall be at least 30 feet wide and shall be no deeper than half their width. Accessory garages shall be a minimum of 30 feet from apartment structures, unless located within such apartment structures.

Building location. Garden apartment structures shall not be located in land with over a 10% slope, nor shall land within 20 feet of the front or rear of the structure have over a 10% slope in order to insure adequate circulation space and light and air, unless special justification is shown. Deep cuts and high fills shall be avoided so as to maintain the natural character of the land as much as possible, as determined by Planning Board site plan review.

Landscaping and recreation space. At least 30% of the site area shall consist of landscaped open space, exclusive of building area, parking areas and access drives. At least 10% of the site area, which can be included in the foregoing 30%, must be common open space developed for active or passive recreation use of the residents of the apartment development, including play areas, sitting areas, swimming pools and the like.

Off-street parking. At least 1 1/2 parking spaces shall be provided for each one-bedroom dwelling unit, to be at least 200 square feet (10 feet by 20 feet) in size, and two parking spaces for each two-bedroom unit, properly paved and with adequate access. No parking spaces shall be located in required yards facing on public streets. No parking spaces shall be located closer than eight feet to an apartment building, except where parking spaces are located within the building.

Access drives. Access drives shall be at least 10 feet wide for one-way traffic and 25 feet wide for two-way traffic. No access drive shall be located closer than eight feet to an apartment building, except where parking spaces are located within the building.

(15)

Affordable housing.

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

The Borough may seek to continue its substantive certification by way of the Superior Court of the State of NJ or a future administrative agency with jurisdiction over the certification process. In the event such a court or administrative agency approves a plan that deviates from the set-aside provisions of this section, then the order of the court or the administrative agency shall prevail.

(16)

Planning Board review. Site plan review and approval by the Planning Board shall be required for all garden apartment uses permitted hereunder.

§ 92-50 R-M In-Town Apartment and Senior Citizen Housing Zone.

[Amended 3-7-2023 by Ord. No. 3-2023]

The following regulations shall apply in the R-M Zone:

There shall be no accessory permitted uses, except those in the R-10 Zone for single-family detached dwellings.

Conditional uses to be acted upon by the Planning Board shall be nursing homes and extended care facilities and housing for senior citizens.

Development regulations for garden apartments and, as a conditional use, apartments for senior citizens.

Lot area and frontage. The minimum lot area shall be one acre, and the minimum frontage on a public street shall be 100 feet.

Height. The maximum height shall be 30 feet, and there shall be not over two stories. No apartments shall be built with any part below the outside ground level, except that not over one dwelling unit on a lot may be constructed with up to 50% of the floor-to-ceiling height below outside ground level for the exclusive use of a resident building superintendent.

Density. The maximum density shall be 15 units per acre of site area, excluding public streets, except that units designed for and restricted to the exclusive occupancy of senior citizens one or both members per couple are 62 years of age or older shall be permitted to be developed at a density of up to 20 units per acre. Such senior citizen units shall incorporate special design features, such as guard bars in bathtubs, specially located electric outlets and emergency alarms operable from inside rooms.

Coverage. Not more than 25% of the site area, excluding public streets, shall be covered by buildings.

Number of bedrooms. No apartment units shall have over two bedrooms, and not over 25% of the dwelling unit shall contain over one bedroom.

Minimum floor area of apartments. The minimum floor space within each dwelling unit shall be as follows.

Number of Bedrooms	Minimum Floor Space for Garden Apts (square feet)	Minimum Floor Space for Senior Citizen Units
0 (efficiency)	550	450
1	650	600
	800	750

Yards. Front, rear and side yard setbacks from public streets and property lines shall be a minimum of 25 feet.

Distance between structures; courts. The minimum distance front to front or front to rear shall be 30 feet; the minimum distance end to end, except that the front facade of a building shall not overlap the side wall of an adjoining building by more than eight feet. Interior courts shall be at least 30 feet wide and shall be no deeper than half their width. Accessory garages shall be a minimum of 25 feet from apartment structures, unless located within such apartment structures.

Landscaping and recreation space. At least 25% of the site area shall consist of landscaped open space, exclusive of building area, parking areas and access drives. At least 5% of the site area, which can be included in the foregoing 25%, must be common open space developed for active or passive recreation use of the residents of the apartment development, including sitting area, play areas and the like.

Buffer strips. There should be a buffer strip on all lot lines, not including street lines, of at least five feet in width, which shall be appropriately landscaped or developed with screen planting.

Off-street parking. For garden apartment units, at least 1 1/2 parking spaces shall be provided for each one-bedroom dwelling unit and two for each two-bedroom unit. For senior citizen units, there shall be a minimum of zero and 0.5 parking space per unit, and additional site area shall be reserved within which another 0.5 parking space per unit can be installed, if this becomes necessary for adequate parking after the buildings are constructed and occupied. Each parking space shall be at least 200 square feet (10 feet by 20 feet) in size, properly paved and with adequate access. No parking spaces shall be located in required yards facing on public streets. No parking spaces shall be located closer than five feet to an apartment building, except where parking spaces are located within the building.

Access drives. Access drives shall be at least 10 feet wide for one-way traffic and 20 feet wide for two-way traffic. No access drives shall be located closer than five feet to an apartment building, except where parking spaces are located within the building.

Garden apartment affordable housing.

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

Planning Board review. Site plan review and approval by the Planning Board shall be required for all apartment uses permitted hereunder.

§ 92-51 (Reserved)

§ 92-52 Miscellaneous requirements for residential zones.

Visibility at intersections. At all street intersections, no obstruction to vision, other than an existing building, post, column or tree, exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 50 feet distant from their points of intersection.

Minimum habitable dwelling space.

Standards for single-family dwelling units. Minimum habitable dwelling space for single-family dwelling units, except seasonal dwelling units, shall be subject to the following standards:

Zone	Minimum Habitable Dwelling Space (square feet)
R-130	1,400
R-40	1,400
R-20	1,200
R-10	1,100

Measurement of habitable dwelling space. Habitable dwelling space shall be measured from the wall exteriors, subject to the following restrictions:

The minimum clear ceiling height of habitable dwelling spaces shall not be less than seven feet four inches in upper stories.

In computing the dwelling space of half stories or attics, all portions less than five feet in height shall be disregarded.

The floor of a basement or cellar, garage, porch or similar part of an attachment to a dwelling shall not be counted as habitable dwelling space, except for basement space specifically designed for habitation as in a bi-level house.

Bedrooms pertaining to single-family attached residential units. Any room other than a single living room, dining room, kitchen, laundry room, utility room, foyer or multiple bathrooms and hallways shall be constructed as a bedroom and every unit constructed shall be presumed to have at least one bedroom. The number of bedrooms in a single-family attached residential unit shall be unlimited in any development; provided, however, that:

The total of units containing more than two bedrooms shall not exceed the total number of units containing two or fewer bedrooms; and,

Under no circumstances shall more than 17 bedrooms per developable acre be permitted.

Under no circumstances shall the calculation used for bedroom mix result in a density that exceeds seven units per developable acre.

Flood prevention. Before a building permit is issued in a residential zone where past flooding has taken place, a plan shall be submitted for approval by the Planning Board as to measures to prevent future flood hazard and damage.

§ 92-53 SC Summer Camp and Conference Center Zone.

The following regulations shall apply in the SC Zone:

Permitted uses.

Summer camp facilities, including bunkhouses, caretakers' and supervisors' housing, dining halls and kitchens, and recreational and educational facilities.

Conference center facilities including temporary lodgings, dining halls and kitchens, and recreational and educational facilities.

Administration offices for charitable or nonprofit institutions.

Development review. All building construction and site development shall be subject to Planning Board site plan review under Chapter 69, Site Plan Review and Subdivision of Land, to assure adequate traffic circulation, off-street parking, disposition of buildings and open spaces, preservation of natural features and screening from adjacent residential areas.

§ 92-54 (Reserved) [1]

Editor's Note: Former § 92-54, R-M-O Residential Office Zone, containing portions of Ordinance No. 22-2013, was deleted in its entirety by Ordinance No. 3-2015.

§ 92-55 B-1 General Business Zone.

[Amended 4-5-2016 by Ord. No. 5-2016; 11-27-2018 by Ord. No. 24-2018; 8-17-2021 by Ord. No. 16-2021; 5-3-2022 by Ord. No. 6-2022; 7-18-2023 by Ord. No. 30-2023]

The following regulations shall apply in the B-1 Zone:

Permitted principal uses.

Bakery.

Banks and other financial institutions.

Barbershops and beauty parlors.

Book and stationery stores.

Business schools.

Cigar stores.

Clothing and clothing accessory shops.

Pharmacies.

Dry-cleaning provided that no flammable cleaning agents are used.

Convenience stores.

Eating and drinking places.

Electric substations, including transformers, switches and auxiliary apparatus, serving a distribution area.

Electricians.

Fire and police stations.

Florists.

Food stores.

Furniture stores.

Hardware stores.

Household-appliance stores.

(20)

Interior-decorating shops.

(21)

Printing.

(22)

Laundries, hand or automatic, self-service.

(23)

Leather goods.

(24)

Locksmiths.

(25)

Appliance and electronics.

(26)

Newspapers.

(27)

Business, professional and governmental offices.

(28)

Package liquor stores.

(29)

Paint stores.

(30)

Commercial and public parking lots and garages for automobiles and trucks.

(31)

Pet shops.

(32)

Photographic studios.

(33)

Physical therapy and health services.

(34)

Plumbers.

(35)

Post offices.

(36)

Sporting and athletic goods stores.

(37)

Music and dancing studios.

(38)

Custom tailors and furriers.

(39)

Theaters.

(40)

Undertakers and funeral parlors.

(41)

Upholsterers.

(42)

Variety shops.

(43)

Water- and sewer-pumping stations serving a local area.

(44)

Other similar retail and service uses.

Accessory permitted uses. (See §§ 92-16 and 92-17.)

Private parking and loading. (See § 92-22A and B.)

Signs as regulated in § 92-26D and § 92-26.3.

Other accessory uses customarily appurtenant to a permitted use.

Conditional uses to be acted upon by the Planning Board, subject to § 92-24.

Automobile service stations, including major repairs. (See § 92-22E.)

Automobile sales.

Motor vehicle repairs, including paint and body shops.

Hotels and motels.

Bowling alleys and pool halls or billiard parlors.

Social halls, lodges, fraternal organizations and clubs.

Dwelling units above permitted business uses.

[Amended 7-18-2023 by Ord. No. 30-2023]

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

Cannabis retailers.

[Added 5-3-2022 by Ord. No. 6-2022]

Minimum lot size. (See Article IV.)

Minimum lot area: 5,000 square feet.

Minimum lot frontage: none.

Minimum lot depth: none.

Yards and lot coverage. Minimum yard dimensions for principal structures shall be as follows. (See Article IV and § 92-14.)

Front yard: none.

Side yard: All B-1 Zone uses may be built without side yards, except that where the B-1 Zone adjoins a residence district there shall be a minimum side yard of 10 feet.

Rear yard: 10 feet.

Maximum improved lot coverage: exempt.

Maximum building coverage: exempt.

Maximum building height for principal structures. (See Article IV.)

Feet: 30.

Stories: two.

Parking.

Required parking and loading spaces. Also see § 92-22A to D(5).

B-1 Zone On-Street/Off-Street Parking and Off-Street Loading
Use	Minimum Parking
Funeral homes and mortuaries	10 per parlor
Retail stores, store groups, shops, consumer services, take out food only, etc.	1 for each 300 square feet of floor area. Minimum 3 spaces
Eating/drinking establishments	1 for each 3 seats. Minimum 5 spaces
Medical or dental offices, and other professional offices	4 for each professional occupant
General business office	1 for each 300 square feet of floor area
Hotels and motels	1 per bedroom, plus 0.5 per employee on the highest shift
Dwelling units	As required by RSIS (except that the Board may consider approval of a shared parking arrangement if the nature of the uses on the site is such that there will not be overlapping demand for the shared parking spaces). At all times there must be at least one dedicated parking space per dwelling unit.

	Minimum Loading
Offices	1 per 10,000 square feet of floor area
Retail, commercial, wholesale, manufacturing, storage and miscellaneous uses	1 per 10,000 to 25,000 square feet of floor area; 2 for each 25,000 to 40,000 square feet of floor area; 3 for 40,000 to 60,000 square feet of floor area; 1 for each additional 50,000 square feet of floor area or fraction thereof

	Minimum Required Parking Use and Loading Spaces
Undertakers and funeral parlors	1 for each 5,000 square feet of floor area. 1 for each additional 5,000 square feet of floor area or major fraction thereof

Enclosure. All uses shall be conducted wholly within a completely enclosed building, except for off-street parking and loading facilities, new and used car lots and service stations.

Bakeries. Bakeries first permitted in any B-1 Zone shall be located no closer to a residential district than 50 feet, and goods produced on the premises shall be sold only at retail on the premises.

Dwelling unit development regulations.

Number of bedrooms. No dwelling unit shall have over two bedrooms.

Minimum habitable floor space.

Number of Bedrooms	Minimum Floor Space - Square Footage
0	550 square feet (efficiency)
1	650 square feet
2	800 square feet

Efficiency units shall not exceed 20% of total number of dwelling units.

Where residential uses will be provided above the first floor as permitted in § 92-55C(7) above, a separate residential entrance shall be provided to the building.

§ 92-55.1 B-1-A Commercial Zone.

[Amended 3-6-2018 by Ord. No. 3-2018; 11-27-2018 by Ord. No. 24-2018; 8-17-2021 by Ord. No. 16-2021; 7-18-2023 by Ord. No. 31-2023]

The following regulations shall apply in the B-1-A Zone:

Principal permitted uses.

Retail and service business uses as listed at § 92-55A(1) through (4), (6) through (11), (15) through (21), (23), (24), (28) through (30), (32) through (35), (38) through (41), (43), and (44).

Electronics stores.

Martial arts studios.

Garden centers, nurseries and farm markets.

Nursery schools and child-care centers.

Shopping centers consisting of two or more of the above permitted uses.

Public uses.

Houses of worship on lots of three acres or more.

Accessory permitted uses. (See § 92-16 and § 92-17.)

Private parking and loading. (See § 92-22A and B.)

Signs as regulated in § 92-26.3 and in § 92-26D.

Other accessory uses customarily incidental to a principal permitted use, provided that except for garden centers, nurseries and farm markets, there shall be no outdoor storage or display of materials, supplies, equipment or products.

Conditional uses. (See § 92-24.)

Animal hospitals, veterinary offices, kennels and animal day-care centers.

Hotels and motels.

Dwelling units above permitted business uses.

[Amended 7-18-2023 by Ord. No. 31-2023]

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

Development standards.

Maximum lot coverage by all buildings, all parking areas, whether paved or unpaved, and all other impervious surfaces: 70% of the lot area.

Other bulk requirements applicable to development in this zone shall be as follows:

Minimum lot area: 20,000 square feet.

Minimum lot frontage and width: 100 feet.

Minimum lot depth: 125 feet.

Maximum height: three stories and 40 feet, except as specifically provided to the contrary for hotels and motels as conditional uses.

Minimum yards: 35 feet front from Union Avenue; zero feet front from Main Street; 15 feet each side (except where buildings are attached across lot lines, in which case there shall be no side yard requirement); 50 feet rear.

Minimum setback of accessory structure: 10 feet from side or rear lot line.

Parking.

Parking [see § 92-22A to 92-22D(5)] shall be provided in the following ratios, provided that where the application of the required parking ratio yields a fraction of a space, the number of parking spaces required shall be rounded up to the next whole space:

Retail and service business uses as listed at Subsection A(1) through (4), (6) and (7) above shall provide parking at the rate of one space per each 300 square feet of gross floor area except as specifically provided to the contrary below.

All residential uses shall provide parking as required by the RSIS, except that the Board may consider approval of a shared parking arrangement if the nature of the uses on the site is such that there will not be overlapping demand for the shared parking spaces. At all times there must be at least one dedicated parking space per dwelling unit.

Eating and drinking establishments and houses of worship shall provide parking at the rate of one space for each three seats for a minimum of five seats.

Nursery schools or child-care centers shall provide parking at the rate of one space per employee plus one space per each 10 children of licensed capacity, except that a child-care center located wholly within a building containing other business uses shall not be required to provide any parking.

[5]

Kennels or animal day-care centers shall provide parking at the rate of one space per employee plus one space for each 10 animals of capacity.

[6]

Veterinary offices and animal hospitals shall provide parking at the rate of four spaces per veterinarian in addition to required kennel spaces as set forth in Subsection D(3)(a)[5] above.

[7]

Hotels and motels shall provide parking at the rate of one space per guest room plus 0.5 space per employee.

[8]

Banks shall provide parking at the rate of one space for each 300 square feet of floor area plus sufficient room for at least five cars to be queued at each drive-up window or ATM machine.

Perpendicular parking spaces shall measure at least nine feet by 18 feet; parallel parking spaces shall measure at least eight feet by 23 feet. ADA parking requirements shall be met in the design of the parking lot.

All parking areas shall be located in the side or rear yards, where they shall be set back a distance of at least 15 feet from any residential lot line, and shall be screened from view from adjacent properties by a six-foot-high fence or plantings or both, as approved by the Planning Board. Parking shall be prohibited within a front yard.

Parking lot lighting, where provided, shall not be mounted higher than the height of the first floor of the building, shall be shielded from adjacent properties, and shall be set on a timer such that the parking lot lighting will be fully extinguished not later than one hour after the close of business. Residential style carriage lamps may be mounted on the building at its entrances and may remain on after hours for security purposes.

All portions of the lot not used for buildings, parking lots, driveways and walkways shall be attractively landscaped subject to Planning Board approval.

Where residential uses will be provided above the first floor as permitted in § 92-55.1C(3) above, a separate residential entrance shall be provided to the building.

Dwelling unit development regulations.

Number of bedrooms. No dwelling unit shall have over two bedrooms.

Minimum habitable floor space.

Number of Bedrooms	Minimum Floor Space - Square Footage
0	550 square feet (efficiency)
1	650 square feet
2	800 square feet

Efficiency units shall not exceed 20% of total number of dwelling units.

All properties that are proposed for development or redevelopment within this zone shall be subject to site plan review by the Planning Board. All other provisions of Chapter 92, Zoning, that are not in conflict with this section shall be applicable.

§ 92-55.2 Bloomingdale Center District Zone (BCD).

[Added 7-20-2021 by Ord. No. 14-2021; amended 9-21-2021 by Ord. No. 20-2021; 11-23-2021 by Ord. No. 25-2021; 5-2-2023 by Ord. No. 15-2023; 7-18-2023 by Ord. No. 32-2023]

The following regulations shall apply in the BCD Zone:

Permitted principal uses.

Bakery.

Banks and other financial institutions.

Barbershops and beauty parlors.

Book and stationery stores.

Tutoring and learning centers.

Cigar shops.

Clothing and clothing accessory shops.

Pharmacies.

Dry-cleaning provided that no flammable cleaning agents are used.

Convenience stores.

Restaurants, cafes and take-out shops.

Taverns and beverage shops.

Trade business offices.

Home restoration and remodeling shops.

Florists.

Food stores.

Furniture stores.

Hardware stores.

Household-appliance stores.

(20)

Interior-decorating shops.

(21)

Printing.

(22)

Laundries, hand or automatic, self-service.

(23)

Leather goods.

(24)

Locksmiths.

(25)

Appliance and electronics.

(26)

Newspapers, stationery stores and card shops.

(27)

Business, professional and governmental offices.

(28)

Package liquor stores.

(29)

Paint stores.

(30)

Martial arts studios.

(31)

Pet shops.

(32)

Photographic studios.

(33)

Physical therapy and health services.

(34)

Nursery schools and child care centers.

(35)

Post offices, package shipping stores and mailing stores.

(36)

Sporting, athletic goods and exercise equipment stores.

(37)

Music and dance studios.

(38)

Custom tailors and furriers.

(39)

Theaters and performing arts centers.

(40)

Shopping centers consisting of two or more permitted uses.

(41)

Upholsterers.

(42)

Variety shops.

(43)

Other nonregulated similar retail and service uses.

Accessory permitted uses. (See §§ 92-16 and 92-17.)

Private parking and loading. (See § 92-22A and B.)

Signs as regulated in § 92-26D and § 92-26.3.

Other accessory uses customarily appurtenant to a permitted use.

Conditional uses to be acted upon by the Planning Board, subject to § 92-24.

Public uses.

Retail automobile showrooms (no show/storage lots).

Dog grooming, veterinary offices (no board facilities or kennels).

General public parking facilities.

Outdoor dining and drinking establishments.

Recreational uses.

Dwelling units above permitted business uses.

[Amended 7-18-2023 by Ord. No. 32-2023]

A mandatory affordable housing set-aside standard shall apply for any development consisting of five or more new dwelling units.

No payments in lieu of the affordable housing set-aside shall be permitted or collected.

The affordable units shall comply with the Borough's affordable housing regulations in Chapter 12 of the Borough Ordinances. This includes, but is not limited to, affordability controls of not less than 30 years, proper distribution of one-, two-, and three-bedroom affordable units, proper distribution of very-low-, low- and moderate-income units, and affirmative marketing.

This Borough may seek to continue its substantive certification by way of the Superior Court of the State of NJ or a future administrative agency with jurisdiction over the certification process. In the event such a court or administrative agency approves a plan that deviates from the set-aside provisions of this section, then the order of the court or the administrative agency shall prevail.

Minimum lot size. (See Article IV.)

Minimum lot area: 5,000 square feet.

Minimum lot frontage: none.

Minimum lot depth: none.

Yards and lot coverage. Minimum yard dimensions for principal or accessory structures shall be as follows. (See Article IV and § 92-14.)

Front yard: none.

Side yard: All BCD Zone uses may be built without side yards, except that where the BCD Zone adjoins a residence district there shall be a minimum side yard of 10 feet.

Rear yard: 10 feet.

Maximum improved lot coverage: exempt.

Maximum building coverage: exempt.

Maximum building height for principal structures. (See Article IV.)

Feet: 40.

Stories: three.

Parking.

Required parking and loading spaces in the Bloomingdale Center District between Van Dam Avenue and Glenwild Avenue. Also see § 92-22A to D(5).

BCD Zone On-Street/Off-Street Parking and Off-Street Loading
Use	Minimum Parking
Dwelling units	As required by RSIS (except that the Board may consider approval of a shared parking arrangement if the nature of the uses on the site is such that there will not be overlapping demand for the shared parking spaces). At all times there must be at least one dedicated parking space per dwelling unit.

All drive-up establishments shall provide sufficient room for at least five cars to be queued at each drive-up facility.

Perpendicular parking spaces shall measure at least nine feet by 18 feet; parallel parking spaces shall measure at least eight feet by 23 feet. New Jersey Barrier Free Subcode parking requirements shall be met in the design of any parking lot.

All parking areas shall be located in the side or rear yards, where they shall be screened from view from adjacent properties by a six-foot-high fence or plantings or both, as approved by the Planning Board. Parking shall be prohibited within a front yard.

Enclosure. All uses shall be conducted wholly within a completely enclosed building, except for off-street parking and loading facilities, except for outdoor dining and drinking establishments.

Dwelling unit development regulations.

Number of bedrooms. No dwelling unit shall have over two bedrooms.

Minimum habitable floor space.

Number of Bedrooms	Minimum Floor Space - Square Footage
0	550 square feet (efficiency)
1	650 square feet
2	800 square feet

Efficiency units shall not exceed 20% of total number of dwelling units.

All portions of the lot not used for buildings, parking lots, driveways and walkways shall be landscaped subject to Planning Board approval.

Where residential uses will be provided above the first floor as permitted in § 92-55.2C(7) above, a separate residential entrance shall be provided to the building.

Building standards and guidelines.

[Added 9-21-2021 by Ord. No. 20-2021; amended 11-23-2021 by Ord. No. 25-2021; 5-2-2023 by Ord. No. 15-2023]

Purpose. The purpose of this section is to promote a desirable visual environment within the Bloomingdale Center District by improving the appearance of buildings and structures to make a more attractive and inviting destination for residents, consumers, professionals and retailers to conduct commerce, gather, dine and walk in a mixed-use environment while promoting the Borough's Complete Streets Policy (Borough Code Chapter 20, Article III). An essential strategy in achieving the objective is to foster recognition that facades, buildings and structures should have a visual and harmonious relationship with surrounding facades, buildings and structures. Integral to the strategy is recognition that visible side or rear elevations contribute significantly to a building or structure's overall appearance.

Benefits. Potential tangible benefits Bloomingdale will realize by adhering to these standards and guidelines include: the creation of a more desirable location for existing and new businesses; the improvement of commerce for existing and future retail and professional businesses as well as residential uses; the improvement of commercial and residential property values and the avoidance of adversely affecting the value of adjacent or nearby properties; the creation of a destination for shoppers; and the improvement of the walking experience.

Applicability. The provisions of this section shall apply to new buildings and any alteration of existing buildings when such alteration changes the exterior design or appearance of a building. All alterations shall be registered with the Zoning Official. An Alteration Project Certificate, to be displayed on the building in a visible location, will be issued upon coordination and review with the Zoning Official.

Exterior painting of more than 20% of any one facade of an existing building shall be considered a change to the appearance of the building.

Exterior painting of the trim or accent facade elements of any one facade of an existing building shall be considered a change to the appearance of the building.

Roof replacement of more than 20% of all roof areas of an existing building shall be considered a change to the appearance of the building.

Building Designs Prohibited. Modular buildings, trailers, converted trailers and storage containers utilized as buildings shall be prohibited.

Building facade design. All sides of a building should be architecturally designed so as to be consistent with regard to style, materials, colors and details.

Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by any facade permitted finish materials described in this section.

Vertical articulation. Buildings shall avoid long, monotonous, uninterrupted facades. Building facade offsets or vertically articulated treatments, including balconies, canopies, columns, piers, recessed windows, overhangs, ornamental projection of molding, different exterior materials or recessed portions of the main surface of the facade itself should be used to add architectural interest and variety to the massing of a building.

Building facade permitted finish materials.

Textured concrete block; concrete block with stucco.

Reinforced concrete with smooth finish or with stucco.

Natural brick or stone.

Brick-face systems; applied stone.

Wood, pressure treated or naturally decay-resistant species.

Fiber-reinforced cement panels or boards that simulate wood.

Metal, plastic or vinyl siding that is not used to such an extent that it is the dominant architectural feature.

Similar materials as approved by the Planning Board, Zoning Officer or Construction Official.

Building facade prohibited finish materials.

Metal, plastic or vinyl siding with exposed fastenings.

Corrugated or reflective metal panels, steel buildings.

Exposed concrete block; smooth, scored or rib-faced concrete block; cinder block.

Any translucent material, other than glass.

Residentially scaled, horizontal vinyl or aluminum siding. Metal, plastic or vinyl siding that is used to such an extent that it is the dominant architectural feature.

Plywood and other compressed wood sheathing products, textured or nontextured.

Cement parging, shingles, shakes.

Exterior insulation finishing systems (EIFS).

(i)

Natural brick or stone in a rubble construction look.

Building facade color guidelines.

The color scheme should be compatible with adjacent buildings.

Buildings should not be painted to compete for attention with other buildings in the vicinity or to stand out boldly in their context.

All visible facades of the building should be used to contribute to the architectural and visual unity of the building.

Simple color schemes are encouraged. The building facades should not exhibit more than three colors.

The field or body of a facade should be the lightest color. The trim should be a deeper shade of the field or body's color, or the trim alternatively should be white or black. The facade's trim and accent elements should be a brighter complimentary or contrasting color. Such trim and accent elements should be utilized to avoid monotonous, single-color facades.

Building facade color standards.

The field or body of the building facades shall be a solid color included in an earth tone palette.

Trim and accent facade elements shall be solid colors.

Garish or gaudy colors shall not be used on any portion of a facade.

Black shall not be used for the field or body of a facade. Neon or fluorescent colors shall not be used on any portion of a facade.

Roofing and Roofline. The type, shape, pitch, texture and color of a roof should be considered as an integral part of the design of a building.

The maximum roof pitch should be 8/12 and all gables on a building should be of the same pitch. A flat roof may be permitted on a building of a minimum of two stories in height, provided that all visibly exposed walls should have an articulated cornice that projects out horizontally from the vertical building wall plane. Mansard roofs are permitted. Architectural embellishments that add visual interest to roofs, such as dormers, masonry chimneys, cupolas, clock towers and similar elements are encouraged, provided these elements are architecturally compatible with the style, materials, colors and details of the building.

Terra-cotta-style roofing shall not be permitted.

The top of all buildings must be capped by a cornice or sloping roof element. Varying rooflines are encouraged.

All roof-mounted equipment shall be screened from public view by use of parapet walls or other architectural features. An additional five feet in height for equipment screening features is permitted.

Continuity of Treatment. The architectural treatment of a roof should be completely continued around all visibly exposed sides of a roof. All sides of a roof should be architecturally designed so as to be consistent with regard to stye, materials, colors and details.

Fenestration. Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned. All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and other such elements, where appropriate.

At least 30% of the first floor primary building frontage for retail, office or other non-residential commercial uses shall be clear window glass permitting a view of the building's interior. This percentage shall be calculated within the area of the building facade that is located above the first floor elevation level.

Residential entries in multi-use buildings shall be distinguished by architecture, color or other elements.

Orientation. All primary facades shall be oriented toward the public right-of-way so as to provide a continuous, varied and attractive landscape.

Awnings and canopies.

Awnings and canopies are encouraged at the ground floor level. Such awnings and canopies may project over a public sidewalk.

In buildings with multiple storefronts or storefronts and residential entrances, all awnings and canopies shall be designed of compatible materials.

Awnings and canopies shall be designed with a minimum vertical clearance of eight feet and shall not extend more than three feet from the face of the building.

A maximum number of three colors, inclusive of black and white, are permitted.

Any lettering on the awning or canopy shall be limited to the name of the occupant only, which shall be included in determining the color and other sign calculations. The lettering shall have a maximum letter size of eight inches and occupy a maximum of 70% of the valance area.

Signs of any type shall not be permitted to hang from awnings and canopies.

No awning or canopy shall be erected or maintained so as to obstruct access to any fire escape, window or door.

Awnings and canopies are permitted to encroach within the front yard setback and the public right-of-way, but shall project no closer than four feet from the curb line.

Lighting. All exterior lighting proposed shall be designed to minimize any impact to the surrounding area and shall meet or exceed the principles and standards of the International Dark Sky Association.

All outdoor building lights shall be decorative fixtures. The style of any freestanding light and light standard or stanchion shall be consistent with the architectural style of the principal building and shall not exceed 15 feet above the mean ground level of the surrounding area. Whenever possible, light standards or stanchions should be integrated into landscaped islands.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 50 degrees.

All lights shall utilize color-corrected lamps. The use of fluorescent or mercury vapor lighting is prohibited. Use of minimum-high-pressure sodium lighting is encouraged.

Any internal site pathway or sidewalk lighting proposed shall be with low- or mushroom-type standards.

Storefront and facade lighting. Lighting should be directed toward the storefront and should be shielded and recessed to prevent spillage. Facade-mounted lights shall not be located higher than the second floor.

No lighting is permitted on the roof structure of a building.

The use of floodlights and spotlight-type fixtures are prohibited.

Lighting shall not be permitted which requires flashing or intermittent illumination. Exterior neon lights and lighting generating glare and unnecessary night-glow impacts shall be prohibited.

Signage.

Roof signs are prohibited. Awning and canopy hanging signs or banners are prohibited.

For multi-tenanted buildings, signs shall be designed with uniform area and height.

Signs affixed to the exterior of a building should be architecturally compatible with the style, materials, colors and detail of the building and other signs used on the property.

Street address signage is required on each building or individual unit. Numbers shall be a maximum of one foot in height.

(15)

Barrier-free construction. Any barrier-free construction shall be compatible with the architecture and style of the structure.

(16)

Trash Enclosures.

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side. Building materials for such trash enclosures shall match the materials and color of the primary structure.

(17)

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

(18)

Special features. Exposed storage areas; exposed machinery installations, including roof installations; service areas, truck loading areas; utility buildings and structures; and similar accessory areas and structures shall be so located and screened with plantings or by other methods to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

(19)

All applicable regulations set forth in Chapter 92, Zoning, shall be adhered to. In the event that standards and guidelines set forth in this subsection N conflict with standards and guidelines set forth in other sections of Chapter 92, Zoning, this section of design standards and guidelines shall supersede.

(20)

Enforcement. No building permit shall be issued for exterior construction and/or exterior renovation or alteration for any building in the Bloomingdale Center District, used in whole or in part for nonresidential purposes, without the review and approval of plans by the Planning Board, if applicable, the Zoning Officer or the Construction Official. Certificates of occupancy, temporary or permanent, shall not be issued for any building that is in violation of the standards set forth in this section, or for any building where the approved plans by the Planning Board, Zoning Officer or Construction Official have not been adhered to. Any building material changes and color changes after the date of adoption of this section shall be subject to the standards and guidelines as set forth in this subsection N. The Zoning Officer, Construction Official and Code Enforcement Official have jurisdiction to cite violations of this section and to levy fines of $2,000 per day until the violation ceases.

§ 92-56 M-1 Light Industrial Zone.

The following regulations shall apply in the M-1 Zone:

Principal permitted uses.

Animal hospitals, kennels and pounds.

Metal products manufacturing and assembly, conducted within wholly enclosed buildings.

Manufacturing, assembly or packing of products from previously prepared materials, such as cloth, plastics, paper, leather, precious or semiprecious metals and stones.

Manufacture of electric and electronic instruments and devices, such as television, radio and phonographic equipment.

Manufacture of food products, pharmaceuticals and the like.

Public and institutional uses.

Radio-television transmission or receiving towers and facilities.

Railroad yards and freight stations.

Wholesale establishments.

Warehouses.

Other similar manufacturing uses in accordance with the performance standard procedures set forth herein. (See § 92-57 and Article VI)

Accessory permitted uses. (See § 92-17)

All B-1 Zone accessory uses.

Dwelling for caretakers, night watchman or superintendent of manufacturing or industrial establishment.

Conditional uses.

[Amended 8-16-2022 by Ord. No. 14-2022]

Conditional uses to be acted upon by the Planning Board, subject to § 92-24. Such uses are principal permitted B-1 Zone uses which shall be necessary and appropriate for the M-1 Zone. Such uses shall be permitted only where the applicant proves that such uses will not adversely affect the industrial development of adjoining land. When such uses are permitted, the minimum lot size requirement shall be 20,000 square feet.

Cannabis wholesalers.

Minimum lot size. (See Article IV)

Minimum lot area: 40,000 square feet.

Minimum lot frontage: 200 feet.

Minimum lot depth: 150 feet.

Yards and lot coverage. (See Article IV and § 92-14)

Minimum yard dimensions for principal structures.

Front yard: 50 feet.

Side yard:

One: 25 feet.

Both: 50 feet.

Rear yard: 50 feet.

Maximum lot coverage: 40%. (See § 92-15)

No maximum building coverage.

Maximum building height for principal structures.

Feet: 40.

Stories: two.

Required off-street parking and loading spaces. (See also § 92-22A to § 92-22D(5))

Use	Minimum Required Parking and Loading Spaces
Manufacturing plants, research or testing laboratories and bottling plants	1 for each 1,000 sf of floor area plus 1 for each 4 employees
Wholesale establishments and warehouses, retail and commercial uses	1 for each 2 employees in a maximum shift. The total parking area shall not be less than 25% for the building floor area

	Loading
Retail, commercial, wholesale, manufacturing, storage and miscellaneous uses	Same as in B-1 District

§ 92-57 Miscellaneous provisions for industrial districts.

Enclosure. All uses shall be conducted in fully enclosed buildings except off-street parking and loading facilities and storage for warehouse and wholesale uses subject to Board of Adjustment approval.

Unenclosed uses. All uses which are not conducted wholly within a completely enclosed building shall not be less than 100 feet distant from any residential district or shall be fenced and screened subject to Board of Adjustment or Planning Board approval.

Performance standards. (See Article VI)

Fire and explosion hazards. In all activities involving and all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment, and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of State and local laws and regulations shall also apply.

Radioactivity or electrical disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbances adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Noise. At the property line, the maximum sound-pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table 1 below after applying the correction shown in Table 2 below. The sound-pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z24, 3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10-1953, New York, New York, shall be used. If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the octave-band levels given in Table 1.

Noise - Table 1
Frequency Ranges Containing Standard Octave Bands (cycles per second)	Octave Band Sound-Pressure Level (decibels re 0.002 dyne/cm2)
20 — 300	60
300 - 2,400	40
Above 2,400	30

Noise - Table 2
Type or Location of Operation or Character of Noise	Correction in Decibels
Daytime operations only	5
Noise source operates less than:
20% of any one-hour period	5
5% of any one-hour period	10
Noise of impulsive character (hammering, etc.)	˗5
Noise of periodic character (hum, screech, etc.)	˗5
Property is located in any M-1 Zone and is not within 500 feet measured horizontally or vertically of any residential district.	10

NOTE: Apply one of these corrections only

Vibration. No use shall cause vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction or demolition activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard, three-components measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

Table of Frequency Amplitude Relations
Frequency of Ground Motion (cycles per second)	Maximum Amplitude of Ground Motion (inches)
Up to 10	.0305
10+ to 20	.0153
20+ to 30	.0102
30+ to 40	.0076
40+ to 50	.0061
50+ to 60	.0051

Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes such as combustion or welding, or otherwise, so as to be visible at the point of measurement. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

Smoke. No emission shall be permitted from any chimney or otherwise of visible grey smoke of a shade equal to or darker than No. 2 on Powers' Micro-Ringlemann Chart, published by McGraw-Hill Publishing Co., Inc., and copyright of 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any 30 minutes.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the zone lot from which they are emitted.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property, or which can cause any excessive soiling.

Signs. Signs as regulated by §§ 92-26D and 92-26.3.

[Amended 6-28-2022 by Ord. No. 9-2022]

Manufacturing uses. Manufacturing uses shall, when abutting a residential use in a residential district, be screened from such use in accordance with the provisions of § 92-18A and B.

§ 92-58 Light Industrial and Quarry Zone.

[Amended 10-4-2016 by Ord. No. 21-2016; 8-16-2022 by Ord. No. 15-2022]

The following regulations shall apply in the M-1-Q Zone:

Uses.

Permitted uses. Permitted uses shall be the same as in the M-1 Zone, plus commercial quarrying and excavating.

Accessory permitted uses. Accessory permitted uses shall be concrete batch plants and asphalt plants.

Development regulations shall be the same as in the M-I Zone, for uses permitted in that zone. For commercial quarrying and excavation, see § 92-25.

Hours of operation for commercial quarrying and excavation.

Shipping and transportation are permitted 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 noon Saturday, excluding Sunday, Memorial Day, Labor Day, Independence Day, Thanksgiving, Christmas and New Year's Day. If access to the site is from Union Avenue, Wanaque, shipping and transportation shall be permitted at all hours.

Ancillary and support functions, such as material movement within the site and maintenance activities are permitted at all hours.

Drilling is permitted between the hours of 7:00 a.m. and 5:00 p.m., excluding, Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day.

Blasting is permitted between the hours of 8:00 a.m. and 5:00 p.m., excluding Saturday, Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day.

Material processing, such as stone crushing, is permitted 5:00 a.m. to 9:00 p.m. Monday through Saturday, excluding Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day.

Asphalt processing is permitted at all hours.

Concrete recycle operations is permitted 5:00 a.m. to 7:00 p.m. Monday through Saturday, excluding Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year’s Day.

Hours and days of operation for concrete batch plants.

Reload trucks shall not enter the site prior to 7:00 a.m. and shall leave the site no later than 4:30 p.m.

Materials delivery trucks shall not enter the site prior to 8:00 a.m. and shall leave the site no later than 4:30 p.m.

Operations at concrete batch plants shall not be started prior to 7:00 a.m. and shall be shut down no later than 4:30 p.m.

ACCESSORY BUILDING OR STRUCTURE

Concrete batch plants shall be permitted to operate Monday through Saturday, excluding Sunday and the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day. Saturday operating hours shall be limited to 7:00 a.m. through 1:00 p.m.

All operations activity must be in compliance with all noise regulation provisions of N.J.S.A. 13:1G-1 et seq. and N.J.A.C. 7:29-1 et seq.

§ 92-59 P Public Zone.

The following regulations shall apply in the P Zone:

Permitted uses. This zone applies to lands owned and used for public purposes by municipal, County and State governments and agencies.

Development regulations. Development regulations for schools are established in the residential zones. All other developments shall be subject to site plan review by the Planning Board.

Reversion of land to private ownership or use. In this event, no building or use shall be established before another zone district or category is adopted for such lands by the municipal governing body after recommendation by the Planning Board.

§ 92-60 (Reserved)

§ 92-61 AH Affordable Housing Zone. [1]

[Amended3-7-2017 by Ord. No. 5-2017]

Purpose: The purpose of the AH (Affordable Housing) Zone is to implement a Superior Court Order (in D.R. Horton, Inc. — New Jersey and Bloomingdale Joint Venture v. Borough of Bloomingdale and Planning Board of Bloomingdale, et al, Docket No. PAS-L-3361-05, and D.R. Horton, Inc. — New Jersey and Bloomingdale Joint Venture, Joint Venture Partners v. Borough of Bloomingdale Planning Board, et al, Docket No. PAS-L-1259-06) to rezone a tract identified on the Tax Map of the Borough of Bloomingdale as Block 59, Lot 1.04, Block 60, Lots 9.02, 16.01, 16.02, 21.02, 21.03, 45, 46, 47, 48.02, 60.01 and 60.02, now known as Block 5105, Lot 14 (hereafter, the subject property) to assist the Borough in addressing its constitutional low and moderate-income housing obligation. The purpose of this section is to facilitate the construction of an inclusionary development consisting of a maximum of 360 multifamily units, including 72 units of low and moderate income for sale housing as depicted on the attached concept plan identified as Exhibit A.

The low and moderate-income housing units shall comply with all requirements of N.J.A.C. 5:94-1 (COAH's rules) and N.J.A.C. 5:80-26 et seq. (Uniform Housing Authority Controls.)

The Borough has acknowledged that the subject property is subject to the municipal Services Act. The Borough has also acknowledged that the applicant shall have the option to construct a temporary haul road during the construction, which will be removed immediately upon the completion of the development, or at the earliest date permitted by weather conditions. Such haul road shall be restored to grade and stabilized with topsoil and seed.

In facilitating this development, it is the clear intent of the Borough: not to impose any unnecessary cost generating standards on the inclusionary development; to expedite the review of any simultaneous preliminary and final land use land development application on the subject property; to cooperate in granting any reasonable variances and waiver, it being expressly understood that the restricted area of disturbance as defined in this section cannot be enlarged except as provided for in this section; to utilize Residential Site Improvement Standards (RSIS); and to eliminate duplicative reviews. Thus, if the State or County has exclusive jurisdiction over necessary approvals required for the development of the subject property, such as, but not limited to, wetlands buffers, stream encroachment, review of homeowner or condominium association documents, traffic, soil erosion and sedimentation control, etc., the Borough and its Board shall condition its decision on obtaining necessary approvals from such State or County agencies with jurisdiction.

The applicant shall provide the Planning Board's Engineer with copies of all applications for outside agency approvals at the same time such applications are submitted. The applicant shall submit all condominium documents to the Planning Board and Borough Attorneys contemporaneously with its submission to the Department of Community Affairs.

The Borough shall cooperate with the applicant in obtaining any de minimus exceptions to the RSIS (e.g., for sidewalks on one side of the entrance boulevard).

The Planning Board Engineer shall have the authority to deem the application complete and to grant waivers from any checklist requirements rendered inapplicable by the terms of this section.

In order to expedite the review of the inclusionary development, the Borough's professionals shall undertake their reviews of the development application within 20 days of its submission of a substantially complete application, and the applicant shall have the right to technical review meetings with the Borough's professionals and two Planning Board members commencing after 20 days of its submission (even if the submission has not yet been deemed complete). The goal of the technical review meetings is to resolve all technical and design issues, including issues as to the application's conformance to all ordinances, during the technical review process. The applicant may respond to the comments of the technical review committee with concept sketches without amending fully engineered plans. Revisions to the plan that the Planning Board Engineer determines can be addressed with sketches during the hearings may be satisfied as a condition of site plan approval.

The Planning Board shall schedule a hearing on the proposed inclusionary development within 60 days of submission, unless the applicant agrees to an extended schedule or the development application is deemed incomplete within the 45 days permitted by the Municipal Land Use Law (MLUL). If the application is deemed incomplete within the 45 days permitted by the MLUL, the Planning Board shall schedule a hearing no later than 30 days of the application being deemed complete. The Planning Board shall complete its review of the inclusionary development thereafter and shall take an action within the time frame required pursuant to the MLUL and shall schedule special meetings, if necessary, to complete its review and take action pursuant to the MLUL deadline.

The inclusionary development shall not be responsible for more than its fair share of the costs associated with any off-tract improvement. Since the concept plan identified as Exhibit A hereto has been determined by the Planning Board Engineer not to negatively impact drainage on Van Dam Avenue, the applicant shall not be responsible for any improvement costs associated with the drainage system on Van Dam Avenue.

An applicant seeking approval of the inclusionary development shall not be required to submit a fiscal or environmental impact statement. In lieu of an environmental impact statement, the applicant shall prepare a brief narrative describing: the proposed inclusionary development; the design of the proposal; and measures it is employing to mitigate the environmental impacts of the proposed development. The applicant shall not be required to prepare an analysis contrasting the proposed development to any other build or no build options for the site.

If there is any conflict between the Bloomingdale Zoning and Land Development Ordinance and the standards outlined below or within the RSIS, the standards outlined below or within the RSIS shall apply.

It is also the clear intent of this section to exempt the inclusionary development from the provisions of Chapter 12, Low and Moderate Income Housing, of the Revised General Ordinances of the Bloomingdale Borough Ordinances, which currently regulate low and moderate-income housing development, and any and all Bloomingdale ordinances that regulate steep slopes, soil movement or blasting as they relate solely to the restricted area of disturbance.

The following definitions shall apply to the Affordable Housing Zone:

A subordinate building or structure customarily incidental and subordinate to the principal building or use on the lot, including but not limited to clubhouse, pool, recreation facilities, stormwater basins, fencing, signage, retaining walls, sales or construction trailer, and dumpsters, and trash enclosures.

BUILDING DEPTH

For the purpose of this section, the distance measured on a single plane along the building's shortest dimension, consistent with the attached sketch. Bay windows, roof eaves and entry overhang features are excluded from the building depth measurement.

BUILDING HEIGHT

For the purposes of this section, building height shall be the vertical distance measured from the garage floor (as measured from the top of the cement floor base of the garage) elevation to the peak of building, but not including mechanical equipment, elevator penthouses, tanks, and architectural details such as decorative cupolas, chimneys, spires and other similar projections, consistent with the attached sketch identified as Exhibit B. Mechanical and HVAC equipment and architectural design features (e.g., weather vanes, cupolas, etc.) are exempt from the height limit. Any mechanical, HVAC equipment or other non-architectural design feature shall be appropriately screened.

BUILDING LENGTH

For the purposes of this section, the distance measured on a single plane along the front face of the building, consistent with the attached sketch identified as Exhibit B. Bay windows, roof eaves and entry overhang features are excluded from the building length measurement.

GRADED AREA

An area having not more than a 5% slope for its entire length and width.

MULTIFAMILY BUILDING

For the purposes of this section only, a building containing a maximum of 60 dwelling units.

Permitted Principal Uses (land and buildings):

Multifamily buildings as defined in Subsection B above.

Accessory Uses (land and buildings):

Clubhouse.

Swimming pool.

Recreation facilities, including tot lots and sitting and picnic areas.

Stormwater basins.

Fencing.

Signage.

Retaining walls.

Sales and construction trailers.

Dumpsters and trash enclosures.

Other subordinate structures customarily incidental and subordinate to the principal building or use on the lot.

Tract Standards:

Maximum Yield for Zoning District — 360 rental or for sale units, or any combination thereof, at the option of the developer, in the area set forth in Exhibit A.

Maximum Number of Multifamily Buildings - 6.

Maximum Building Coverage — 30 percent of the restricted area of disturbance.

Maximum Lot Coverage — 60 percent of the restricted area of disturbance.

Minimum Graded Area Along the Rear Length of Any Building - 36 feet.

Minimum Building Set-back from Perimeter Property Line - 50 feet.

Maximum Building Height — 73 feet.

Minimum Parking Set-back from Perimeter Property Line — 15 feet.

Accessory Buildings and/or Structures:

Minimum set-back from property line — 25 feet.

Building height — a maximum of 35 feet and not exceeding two stories. A story shall not include a crawl space or a basement, which may be constructed as a walk-out basement, nor shall a walk-out basement be considered in the calculation of building height (see Exhibit D for illustration). For purposes of this section only, the building height of any accessory building and/or structure shall be measured from main floor grade level to the peak of the building.

Accessory buildings and structures in the AH zone shall be exempt from § 92-17 of this chapter.

Perimeter set-back standards shall not apply to certain site improvements including retaining walls, detention basins, signs and fencing, unless otherwise required by this section.

A 25 foot setback shall be required from Block 59, Lots 1.03, 2, 3.01, a portion of 3.02, 6.01, 6.02 and 7.

Multifamily Building Standards:

Maximum Number of Units per Building - 60.

Maximum Length of Building — 220 feet.

Maximum Depth of Building — 160 feet.

Minimum Building Set-back from Internal Street or Parking - 10 feet.

Minimum Building Set-back from Parking — 10 feet.

Maximum Building Height (Residential Building) — 73 feet.

Minimum Distance between Residential Buildings - 50 feet.

Parking requirements shall be not less than required by RSIS standards. There is no obligation to provide garage parking for every unit. Parking may be provided as either surface parking lots or garages or a combination of both. All parking shall be located within the restricted area of disturbance.

There shall be within each building on the garage floor a designated area for the temporary storage of solid waste and recyclable materials. At the applicant's option, dumpsters may be located outside of the buildings in appropriately screened enclosures.

Open Space and Recreation Plan: It is recognized that the Court approved a concept plan for the inclusionary development that did not include any active recreation facilities. Although recreational facilities are not required, they are permitted, and all proposed recreational facilities shall be subject to site plan approval. The following recreational facilities are permitted:

A community clubhouse of at least three square feet for each housing unit within the community. Facilities within the clubhouse shall include an all purpose room, rest rooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board. The clubhouse shall not be available for large assemblies or gatherings exceeding 5% of the development's population.

A swimming pool of at least three square feet for each housing unit.

Additional outdoor recreational facilities, such as a putting green, tot lot, bocce courts, tennis courts, and/or passive recreation such as lawn areas, picnic areas and sitting areas may also be provided. All recreational facilities provided shall be located within the restricted area of disturbance and shall be utilized only by residents of the community and their guests, and shall not be available to the general public by fee, membership or other means.

Parking for recreational facilities is not required with the exception of handicap parking to be provided at the clubhouse.

In the event that dwellings are offered for sale, a homeowners' association or condominium association shall be incorporated as required by law. No association shall be required for rental units. Any homeowners' or condominium association created for for-sale units in the community shall be responsible for owning, maintaining and repairing all common areas in the community. The residents in the community which includes for-sale units, shall be required to be members of the association. This requirement shall be set forth in the contract of sale and deed for each for-sale unit as well as in any public offering statement required by State law. The review of homeowner association documents shall be subject to the sole jurisdiction of the NJ Department of Community Affairs.

Tree Removal: It is understood that the applicant will have to clear significant areas to construct the inclusionary development. The applicant shall be exempt from any prohibition on clearing trees within the area of residential development as depicted on the concept plan identified as Exhibit A, and shall not be required to replace trees removed from the restricted area of disturbance.

Low and Moderate Income Housing: 20% of the housing units within the inclusionary development shall be affordable to low and moderate-income households. The low and moderate-income units shall be constructed pursuant to the phasing schedule required by COAH's rules. The affordable units shall conform to N.J.A.C. 5:94-1, et seq. (COAH's rules) and N.J.A.C. 5:80-26, et seq. (Uniform Housing Affordability Controls). The affordable units shall be integrated throughout the development. The affordable housing units shall be considered integrated providing there are at least 10 affordable units within each building.

Temporary Sales Trailer, Sales Office, Models and Construction Trailers:

One temporary sales trailer shall be permitted on site upon the Planning Board's granting of preliminary site plan approval for the community and up to eight temporary construction trailers and staging areas shall be permitted on site during construction.

Maximum Trailer Size: 25' x 80'.

Location: The location of any sales trailer shall be shown on the site plan.

Parking for Sales Trailer: one space per sales employee plus five additional spaces, which can be temporary gravel or pavement.

Parking for Construction Trailer: Temporary gravel or paved parking area.

Temporary exterior lighting may be provided to illuminate the trailers and provide security during construction; such lighting shall be shielded from adjacent properties to prevent overhead skyglow.

The applicant shall be permitted to use units within the development for model homes, sales office and sales during the construction of the development.

All temporary construction trailers shall be removed within 60 days of bond release.

The temporary sales trailer shall be removed upon construction/establishment of a permanent sales office.

Permanent Signs:

Two permanent entry wall signs shall be permitted with a maximum area of 50 square feet per sign, with a design substantially consistent with the depiction shown on Exhibit C to this section.

Building locator signs shall be permitted with a maximum area of eight square feet per sign. This shall apply to all residential buildings, clubhouse and any recreation areas on site.

Permanent signs shall not be located within required sight triangles established by the RSIS.

Minimum sign setback to perimeter property line: 3 feet.

Sign maintenance shall be the responsibility of the homeowners' or condominium association.

Exterior illumination of signs shall be permitted subject to site plan approval. No flashing or moving lights shall be permitted.

There is no limitation on the number of directional signs that shall be permitted within the development.

No other permanent signage shall be permitted on the site.

All permanent signage shall be subject to site plan review.

Temporary Signs:

Sales directional signs and construction vehicular movement signs shall be permitted with a maximum area of eight square feet per sign.

A temporary 2-sided sales sign shall be permitted at the entrance, within three feet of the property line, with a maximum area of 20 square feet.

Temporary signs shall not be located within required sight triangles established by RSIS standards.

Lighting:

Streetlighting shall be provided at all road intersections and shall comply with the Borough's illumination and shielding requirements, unless the Planning Board and applicant agree to a lesser standard as part of site plan approval.

Parking lot lighting shall be colonial post mount. The maximum height for lighting fixtures in parking lots shall be 20 feet.

All lighting shall be shielded to prevent overhead skyglow and to prevent light from shining off site and into residential units within the development.

Sidewalks:

Sidewalks shall be provided on the south side of the entrance drive and shall not be required on the northern side. The Planning Board shall, if necessary, grant the applicant a de minimus exception from the RSIS for the elimination of the northerly sidewalk.

Sidewalks shall be provided to connect parking areas to the entrances of residential buildings and to the community recreation building.

The applicant shall not be required to provide any other pedestrian trails other than the sidewalks referenced above.

Landscaping:

The applicant shall not be required to provide any landscaping outside of the restricted area of disturbance.

Within the restricted area of disturbance, land not used for required driveways, sidewalks, off street parking or loading, accessory buildings or playground areas shall be planted with trees (sized consistent with street trees), shrubs, plants and grass lawns or ground cover in order to ensure the attractiveness of the premises and the protection of the soil thereon, subject to approval by the Planning Board Engineer.

Street trees shall have a minimum diameter of two and one-half (2.5) inches in diameter, measured six inches above the ground. Such trees shall be planted 40 to 60 feet apart (averaging 50 feet) parallel to Road A as shown on the concept plan, subject to modification due to conflicts with other improvements.

All plantings as shown on the approved landscape plan shall be permanently maintained by the homeowners' association.

Phasing:

If the applicant proposes to phase the development, it shall submit a phasing plan, with the site plan application, consistent with the following principles:

Each phase or section shall be located and designed to function as if no further development will occur with respect to a safe and convenient circulation system, stormwater control, utility services, fire hydrants and access for emergency vehicles.

All proposed amenities shall be completed by the first Memorial Day after the applicant receives its 180th Certificate of Occupancy.

Retaining Walls:

The development of this site will require the use of retaining walls of various types and heights. These retaining walls shall consist of either reinforced concrete with a segmented facade or modular concrete retaining walls.

The location and type of retaining wall shall be shown on the Site Plan to be submitted to the Planning Board. The Board shall review the aesthetics of the facade choice(s).

Said Site Plan shall contain a typical or generic detail of the proposed retaining wall. Said detail shall provide generic information as to:

Maximum Height

Structural Composition

Modular Unit and Configuration

Face Color

[5]

Face Finish

The applicant shall not be required to submit detailed geotechnical information, structural designs, calculations or shop drawings as part of site plan review.

The Planning Board shall condition its site plan approval on the submission of geotechnical information, structural designs, calculations and shop drawings signed and sealed by a licensed New Jersey Professional Engineer to the Planning Board Engineer prior to requesting a construction permit for said walls.

Upon submission of geotechnical information, structural designs and calculations, the Planning Board Engineer shall have 10 business days to either approve or reject the submission. If the submission is rejected, the Planning Board Engineer shall provide in writing his reasons for rejection.

If rejected by the Planning Board Engineer, upon resubmission, the Planning Board Engineer shall have five business days to either approve or reject as outlined above.

Upon approval of Structural Designs and Calculations by the Planning Board Engineer, the applicant shall submit Shop Drawings for approval by Planning Board Engineer. The applicant may, at his option, submit Shop Drawings simultaneously with Structural Designs and Calculation. If submitted with Structural Designs and Calculations, the Planning Board Engineer shall review them within the same time frame as in Subsection a above. If submitted separately, the Planning Board Engineer shall approve or reject the Shop Drawings within five business days.

Site Plan Checklist Submission Requirements: For the specific purpose of implementing the terms of the Court Order pursuant to which this section has been created, the following requirements of Checklist A, the Site Plan Checklist for the Borough of Bloomingdale, and Chapter 69, Article III, "Site Plan Details," § 69-23 "Details enumerated, REQUIRED DATA & INFORMATION," shall be amended to read as follows for development in the AH zone only:

Item #20, Existing Features: The topography and locations of high points, watercourses (indicating direction of flow), depressions, wetlands including transition areas, wooded areas and other significant existing features within 100 feet of the restricted area of disturbance.

Item #24, Steep Slopes: Not applicable.

Item #30, Drainage: Plans and profiles of all existing and proposed storm drainage, structures and facilities including cross sections of any proposed swales or watercourses within the restricted area of disturbance that have a tributary drainage area of greater than one acre.

Item #32, Utilities: Location of all utilities (gas, electric, phone, cable, etc). Satisfaction of this checklist item shall be deemed acceptable by utilizing one line to show the general location of gas, electric, phone and CATV lines and then providing a typical section showing the layout of the utility lines.

Item #41, Traffic Report: Not applicable.

Item #42, Provision of Environmental Impact Statement: In lieu of providing an Environmental Impact Statement, the applicant shall only be obligated to provide a brief narrative describing the proposed inclusionary development, the design of the proposal and the measures the applicant is employing to mitigate the environmental impacts, if any, of the proposed project.

Item #43, Compliance with Chapter 92-67, "Shade Trees": Not applicable.

Editor's Note: Exhibits and Attachments referred to herein can be found on file at the Borough Offices. History of this tract: As per Court Order, Ord. No. 13-2007 rezoned the RG Cluster Garden Apartment and Open Space Zone to the AH Affordable Housing Zone. Former § 92-51, R-G-Cluster Garden Apartment and Open Space Zone, is no longer valid and is removed from Chapter 92.

§ 92-61.1 AH-1 Affordable Housing Overlay Zone.

[Added 8-9-2016 by Ord. No. 20-2016; amended 3-16-2021 by Ord. No. 5-2021]

Background: It is the purpose and intent of this section to provide for necessary Court-ordered affordable housing by providing zoning incentives to establish a realistic opportunity to develop such housing.

Purpose of AH-1 Affordable Housing Overlay Zone. The AH-1 Affordable Housing Overlay Zone shall provide, after meeting the requirements of such overlay zone, for quarry and mining operations due to the presence of resources suitable for mining, but at the same time also recognizes the necessity for appropriate regulation of the excavation of these resources. Accordingly, the permitted uses for property located in the AH-1 Affordable Housing Overlay Zone shall be those set forth in § 92-58 entitled M-1-Q Light Industrial and Quarry Zone, subject to the property owner first obtaining site plan approval to insure that such properties shall be operated in a manner that properly and adequately addresses issues of erosion, drainage, and possible dangers associated with steep mining faces, while facilitating the reclamation of the site for ultimate development in a manner consistent with the underlying zoning, upon completion of the quarrying and mining operations.

Requirements of AH-1 Affordable Housing Overlay Zone. The AH-1 Affordable Housing Overlay Zone provides for an incentive for the development of the property known as Block 5105 Lot 14.01 (formerly Block 105 Lot 14), commonly referred to as the "Meer Tract" as such incentives benefit the adjacent tract which is Block 5105 Lot 84 commonly referred to as the "Bloomingdale Quarry Tract". In January of 2018, the property known as Block 5105, Lot 14 was subdivided. Block 5105, Lot 14.01 on the Tax Map of the Borough of Bloomingdale was established as an approximately 33.81 acres of land to be developed for affordable housing. The remaining land was established as Block 5105, Lot 14.02 as the remainder of the tract of land consisting of approximately 146.18 acres of land.

Block 5105, Lot 14.01, commonly known as the "Meer Tract", consists of approximately 35 acres of vacant land (and officially subdivided as 33.81 acres) which have been Court-ordered and approved for a multi-family inclusionary development containing 360 residential units. Accordingly, approximately 146 acres of land remains on the former portion of Meer Tract known as Block 5105, Lot 14.02. Due to the significant site development cost, and the inability to develop this site for the past ten years, this AH-1 Affordable Housing Overlay Zone provides for contiguous property owners, or the owners of the tract, to the 33.81 acres of inclusionary development to engage in the use of mining and quarrying, providing that, as a prerequisite, the use includes extensive site preparation of the 33.81 acres or a donation of land to the Borough or developer for the purpose of subsidizing the development costs in an expedited manner for the Affordable Housing development of the Meer Tract. Such site preparation, which is defined as extraction and grading, must be in accordance with a commitment to develop the Affordable Housing as to the Meer Tract and the corresponding site preparation must be completed in order to qualify for this AH-1 Affordable Housing Overlay Zone.

The aforesaid site preparation work shall be the equivalent to the extent of rock extraction and levelling that would have otherwise been required as part of the site preparation work contemplated by the preliminary and final site plan approval granted to D.R. Horton, Onc. — New Jersey and Bloomingdale Joint Venture by the Bloomingdale Planning Board pursuant to its Resolution #618 memorialized on June 19, 2008.

So long as the owner of the Bloomingdale Quarry Tract, provides site preparation to the approximately 33.81 acres of the Meer Tract property as set forth above, or donation of land as set forth in Subsection C(1) above, to the satisfaction of the Borough Engineer and Borough Council, the remaining portion of this Zone as it pertains to Block 5105, Lot 14.02 shall qualify for this AH-1 Affordable Housing Overlay Zone and the zoning district and development standards, except as noted in this section, in § 92-58 entitled M-1-Q, Light Industrial and Quarry Zone shall apply.

The AH-1 Affordable Housing Overlay Zone is established as an overlay zone to the AH Affordable Housing Zone. The AH-1 Affordable Housing Overlay Zone is shown on the Zoning Map which is Block 5105, Lot 14, now known as Block 5105, Lots 14.01 & 14.02. Any development standards not expressly provided in the AH-1 Overlay District shall be governed by the standards in the M-1-Q District. Where there is a conflict between the development standards provided for in the AH-1 Overlay District and the development standards provided for in the underlying zoning district, then the development standards of the AH-1 Affordable Housing Overlay Zone shall apply.

Standards Required to Qualify for AH-1 Affordable Housing Overlay Zone Development as it pertains to Block 5105, Lot 14.02. When a land owner complies with the requirements of this AH-1 Affordable Housing Overlay Zone, the provisions of the M-1-Q, Light industrial and Quarry Zone, Borough Code § 92-58 and the provisions contained therein shall apply to land located within this zone subject to the following restrictions or limitations

The existing quarry operations provides for shipping and transportation of materials and products to and from the quarry. Such existing hours of operation would remain the same and not eligible for extension until such time that a new access road onto Union Avenue from Wanaque is established whereby vehicles would utilize Union Ave for a short distance before intersecting with entrance ramps for interstate 287.

The existing quarry and material processing are buffered by quarry walls to the North, West and South, and to the East Route 287. The AH-1 Affordable Housing Overlay Zone requires that the primary material processing operation must be maintained on property that is located in the M-1-Q zone and adjacent to the AH-1 Affordable Housing Overlay Zone in order to minimize disturbance and benefit from the present location of the process operations and the existing buffers of a quarry wall on Route 287. This overlay zone shall provide that the property owner may only conduct quarrying and mining operations. The ancillary and support functions shall not generate noise which would be perceptible outside of the quarry. In accordance with a phasing of the project that is marked on the map referenced as Exhibit B with Phase 1, Phase 2 and Phase 3. Quarrying and mining operations may not proceed to a succeeding phase until the quarrying and mining in the preceding phase has been completed. All quarrying and mining is subject to federal and state laws and regulations, including but not limited to New Jersey Department of Environmental Protection's rules and regulations and notwithstanding anything else referenced in this section or the Borough's Code, all activity on the site in the AH-1 Affordable Housing Overlay Zone is subject to site plan approval from the Borough Planning Board. The principal structures utilized in the crushing and processing operations shall be located within the Bloomingdale Quarry Tract and may not be located on Block 5105, Lots 14.01 and 14.02.

With respect to access as to the AH-1 Affordable Housing Overlay Zone, specifically Block 5105, Lot 14.02, there shall be no access provided with respect to the AH-1 Affordable Housing Overlay Zone except from the adjoining quarrying operation and site. Any other access to the AH-1 Affordable Housing Overlay Zone will only be for the purposes of emergencies and permission by the Borough.

Additional Requirements and Regulations in the Event Block 5105, Lot 14.02 Qualifies for the AH-1 Affordable Housing Overlay Zone.

All quarrying operations shall be subject to the requirements of § 92-25, as amended, with the exception that hours of operation shall be governed by the AH-1 Affordable Housing Overlay Zone restrictions only.

All quarrying operations shall be subject to the requirements of § 32-2, as amended, with the exception that (i) hours of operation and (ii) backfill and quarrying operations shall be governed by the AH-1 Affordable Housing Overlay Zone restrictions only.

Where a proposed use abuts a residential zone boundary line, the setback for quarrying activity shall be 300 feet which shall be a planted buffer with sufficient height to provide reasonable year-round screening, as approved by the Borough Planning Board.

Setbacks and Restrictions:

This AH-1 Affordable Housing Zone provides that where the boundaries of the properties adjoin or abut a residential zone, reasonable year-round screening, as approved by the Borough Planning Board, will be required where vegetative screening does not exist. An overall 300-foot undisturbed buffer and conservation easement shall be provided for additional screening from adjoining residential districts.

All quarrying operations must comply with all federal, state and local guidelines.

The access to the quarry operations Block 5105, Lot 14.02 shall be permitted from an adjoining property so long as the contiguous owner consents to such access and which is approved by the Planning Board in the form of a site plan approval. There shall be no other ingress or egress access to the quarry operations except for emergency uses.

As long as the access to the site, Block 5105, Lot 14.02, is from Union Avenue, Wanaque, the hours of operation of this site shall be:

Shipping and transportation are permitted at all hours.

Ancillary and support functions, such as material movement within the site and maintenance activities, may operate at all hours.

Drilling is permitted between the hours of 7:00 a.m. and 5:00 p.m., not including Saturday, Sunday and legal holidays.

Blasting may operate between the hours of 8:00 a.m. and 5:00 p.m., not including Saturday, Sunday and legal holidays.

All operations activity must be in compliance with all noise regulation provisions of N.J.S.A. 13:1G-1 et seq. and N.J.A.C. 7:29-1 et seq.

ADULT BOOKSTORE OR ADULT VIDEO STORE

An escrow of $5,000 shall be established on an annual basis to provide for the Borough conducting appropriate and necessary inspections of the operation of the site to confirm compliance and areas of disturbance are in accordance with approvals.

§ 92-62 Adult Entertainment Zone.

§ 92-62.1 Definitions.

For the purposes of this § 92-62, the terms used within this section shall be defined as follows:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time and where the images displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A commercial establishment which as one of its business purposes offers for sale or for rental for any form of consideration any of the following:

Books, magazines, periodicals or other printed material or photographs, films, motion pictures and videocassette or video reproduction, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or other commercial establishment, whether or not same is licensed to sell alcoholic beverages for on-premises consumption, which regularly features:

Persons who appear in a state of nudity; or

Live performances which are characterized by the exposure of specified anatomical areas or by sexual conduct or by specified sexual activities; or

Films, motion pictures, videocassettes, compact disks, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities, sexual conduct or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:

Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult-type of photographic reproductions;

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for adult theaters.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.

COMMERCIAL DISPLAY

The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

KNOWINGLY

Having knowledge of the character and content of the material described herein.

Having failed to reasonably exercise reasonable inspection which would disclose its character and content. (N.J.S.A. 2C:34-3, Subsection (a)(5))

NUDITY OR A STATE OF NUDITY

The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

OBSCENE FILM

Any motion picture film or preview or trailer to a film not including news reels portraying actual events or pictorial news of the day, in which a scene, taken by itself, depicts a specified anatomical area or specified sexual activity or the simulation of a specified sexual activity or verbalization concerning a specified sexual activity as set forth in the definition of that term and emits sensuality sufficient in terms of the duration and impact of the depiction to appeal to the prurient interest. For the purpose of this article, all films and rentals which have received a rating of "X" or its equivalent from the Motion Picture Academy shall be presumed an "obscene film." For the purpose of this article, it shall be conclusively presumed that all films rated by the Motion Picture Academy other than "X" are not "obscene films." (N.J.S.A. 2C:34-3, Subsection (a)(2))

OBSCENE MATERIAL

Any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity contained in or consisting of a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity. (N.J.S.A. 2C:34-3, Subsection 3(a)(1))

The definition of obscene materials set forth in N.J.S.A. 2C:34-2, as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

RETAILER

Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail, containing pictures, drawings and photographs. (N.J.S.A. 2C:34-3.1)

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts, covered or uncovered;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C.

§ 92-62.2 Location of sexually oriented businesses.

Sexually oriented businesses shall only be located within the P Public Zone.

It shall be a violation of this section if a person operates or causes to operate or allows to be operated a sexually oriented business:

Within 1,000 feet of a place of worship.

Within 1,000 feet of a school, whether public or private, or within 1,000 feet of any school bus stop.

Within 1,000 feet of any other sexually oriented business.

Within 1,000 feet of any residential use or zone.

Within 1,000 feet of any public park or playground.

Within 1,000 feet of a hospital.

Within 1,000 feet of a child-care center.

Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within 1,000 feet of the sexually oriented business.

Sexually oriented businesses shall conform to design standards and development requirements established through the ordinances of the Borough of Bloomingdale.

No person under the age of 18 years shall be permitted on the premises of a sexually oriented business for any purpose.

No display visible from the exterior of the sexually oriented business shall contain material of a sexually oriented nature.

§ 92-62.3 Perimeter buffer requirement.

Every sexually oriented business located in the Borough of Bloomingdale shall be surrounded by a perimeter buffer of at least 50 feet in width of plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.

§ 92-62.4 Violations and penalties.

Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. In no event shall any person violating this section, upon conviction, receive a final fine below the amount of $100.

Each day a sexually oriented business is in operation, in violation of this section shall constitute a separate offense under this chapter.

Each separate film, videocassette or other visual reproduction or each showing of live entertainment which is displayed to another in violation of this section is a separate offense.

§ 92-62.5 Display of obscene material, prohibited acts.

It shall be a petty disorderly person's offense for a retailer to knowingly display or permit to be displayed at his business premises any obscene materials or obscene films as defined herein:

At a height of less than five feet; or

Without a blinder or other covering placed or printed on the front of the material displayed, irrespective as to the height of the material.

The restrictions contained in this section shall not apply, however, in the event that said material is located at a controlled access point behind which the public at large can reasonably neither observe nor have access to the material.

(N.J.S.A. 2C:34-3.2).

§ 92-62.6 Public display to constitute evidence.

Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display (N.J.S.A. 2C:34-3.2).

§ 92-62.7 Violations and penalties of public display prohibitions.

Any retailer who violates § 92-62.5 commits a petty disorderly person's offense and shall receive a warning from the Municipal Court without fine but with payment of costs. However, for each violation thereafter, the retailer shall be subject to a fine not to exceed $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, for each and every violation.

If any subsection or its application to any person or circumstances shall be adjudged invalid, such determination shall not affect the remaining provisions of this ordinance, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this chapter are severable.

§ 92-63 IMF Inclusionary Multifamily Zone. [1]

Purpose. The purpose of the IMF Zone is to provide an additional opportunity for the construction of low and moderate-income housing in the Borough of Bloomingdale, and particularly, pursuant to the Borough's affordable housing obligations, to provide an opportunity and an incentive for the construction of rental low and moderate-income housing, in the context of an inclusionary residential development that also provides alternative housing opportunities for other area households desiring to live in apartments and townhouses.

All of the low and moderate-income housing units created in the IMF Zone shall comply with all requirements of N.J.A.C. 5:94-1 (COAH's rules) and N.J.A.C. 5:80-26 et seq. (Uniform Housing Affordability Controls).

In facilitating the production of affordable housing in this inclusionary development, it is the intent of the Borough: not to impose any unnecessary cost generating standards on the inclusionary development; to expedite the review of any preliminary and final land development applications on the subject property (including any application for contemporaneous approval of preliminary and final site plan approval); to cooperate in granting such variances and waivers as may be reasonable and within the general intent of this section; to utilize Residential Site Improvement Standards (RSIS); and to eliminate duplicative reviews. Thus, if the State or County has exclusive jurisdiction over necessary approvals required for the development of the subject property, such as, but not limited to, wetlands buffers, stream encroachment, review of homeowner or condominium association documents, traffic, soil erosion and sedimentation control, etc., the Borough Planning Board shall condition its decision on the applicant obtaining necessary approvals from such State or County agencies as may have such exclusive jurisdiction.

The applicant shall provide the Planning Board Engineer with copies of all applications for outside agency approvals at the same time such applications are submitted. The applicant shall submit all homeowner or condominium association documents to the Planning Board and Borough Attorneys contemporaneously with its submission to the Department of Community Affairs.

The Borough shall cooperate with the applicant in obtaining any de minimus exceptions to the RSIS as may be sought in the course of the application review.

The Planning Board Engineer shall have the authority to deem the application complete and to grant waivers from any checklist requirements in accordance with a checklist adopted by this section, set forth in Exhibit A, Checklist for Preliminary and Final Site Plan.[2]

In order to expedite the review of the inclusionary development, the Borough's professionals shall undertake their reviews of the development application within 20 days of its submission of a substantially complete application, and the applicant shall have the right to technical review meetings with the Borough's professionals and two Planning Board members commencing after 20 days of its submission (even if the submission has not yet been deemed complete). The goal of the technical review meetings is to resolve all technical and design issues, including issues as to the application's conformance to all ordinances, during the technical review process. The applicant may respond to the comments of the Technical Review Committee with concept sketches without amending fully engineered plans. Revisions to the plan that the Planning Board Engineer determines can be addressed with sketches during the hearings may be satisfied as a condition of site plan approval.

The Planning Board shall schedule a hearing on the proposed inclusionary development within 60 days of submission, unless the applicant agrees to an extended schedule or the development application is deemed incomplete based on an ordinance-adopted Checklist for Preliminary and Final Site Plan, Exhibit A, as annexed hereto, within the 45 days permitted by the Municipal Land Use Law (MLUL). If the application is deemed incomplete within the 45 days permitted by the MLUL, the Planning Board shall schedule a hearing no later than 30 days of the application being deemed complete. The Planning Board shall complete its review of the inclusionary development thereafter and shall take an action within the time frame required pursuant to the MLUL and shall schedule special meetings, if necessary, to complete its review and take action pursuant to the MLUL deadline.

The developer of the inclusionary development shall be responsible for its fair share of the costs associated with any off-tract improvement, but shall not be held responsible for improvements beyond its fair share.

An applicant seeking approval of the inclusionary development shall not be required to submit a fiscal impact statement but shall submit an environmental impact statement in the form attached hereto, see Exhibit B, Modified Environmental Impact Statement Applicable to IMF Project.

If there is any conflict between the Bloomingdale Zoning Ordinances or any other ordinances or regulations of the Borough of Bloomingdale and the standards outlined below or within the RSIS, the standards outlined below or within the RSIS shall apply.

It is also the clear intent of this section to exempt the inclusionary development from the provisions of Chapter 12, Low and Moderate Income Housing of the Revised General Ordinances of the Borough of Bloomingdale, which currently regulate low and moderate-income housing development, and any and all Bloomingdale ordinances or portions thereof that regulate steep slopes or soil movement as they relate to the IMF zone.

ACCESSORY BUILDING OR STRUCTURE

Editor's Note: Exhibits located at the end of this section.

The following definitions shall apply to the Inclusionary Multifamily Zone:

A subordinate building or structure customarily incidental and subordinate to the principal building or use on the lot, including but not limited to clubhouse, pool, recreation facilities, stormwater basins, utility facilities, including a pump station, fencing, signage, retaining walls, sales or construction trailer, and dumpsters, and trash enclosures.

BUILDING DEPTH

For the purpose of this section, the distance measured perpendicular to length along the building's shortest dimension. Bay windows, roof eaves and entry overhang features are excluded from the building depth measurement.

BUILDING HEIGHT

For the purposes of this section, building height shall be measured for each individual building section, defined as a building segment having the same finished floor elevation. Height refers to the vertical distance measured from the final finished floor of the building section to the top of the highest ridge of the building section's roof, excluding mechanical equipment, tanks, and architectural details such as decorative cupolas, chimneys, spires and other similar projections. Mechanical and HVAC equipment and architectural design features (e.g., weather vanes, cupolas, etc.) are exempt from the height limit. Any mechanical, HVAC equipment or other non-architectural design feature shall be appropriately screened. The lowest point of the finished grade touching any point of the building section cannot be greater than five (5') feet below finished floor.

BUILDING LENGTH

For the purposes of this section, building length is the distance of the longest single plane measured along the building. Bay windows, roof eaves and entry overhang features are excluded from the building length measurement.

GROSS LOT AREA

Refers to the entire parcel of real property in the IMF zone, which totals approximately 11.6 acres. All references in this section to "gross" area refer to the approximately 11.6 acre parcel.

MULTIFAMILY BUILDING

For the purposes of this section only, a building containing a minimum of 14 but no more than 54 apartments and/or stacked flat dwelling units, or a building containing a maximum of six attached side-by-side townhouse dwelling units.

Permitted principal uses (land and buildings).

Multifamily residential buildings as defined in Subsection B above, as well as incidental parking and indoor recreational and social areas. There may be multiple principal uses on the lot.

Permitted accessory uses (land and buildings).

Clubhouse, including indoor and outdoor recreational and social uses, including, but not limited to, yoga and other exercise classes and similar programs.

Swimming pool(s).

Recreation facilities, including tot lots, dog runs, trails, and sitting and picnic areas.

Stormwater basins and other stormwater management and utility facilities, including a pump station and structures approved as part of the site plan.

Fencing.

Signage.

Retaining walls.

Sales and construction trailers.

Dumpsters and trash enclosures.

Parking lots and garages, including head-on, angled and parallel parking as shown on the attached concept plan, unless mutually modified.

Model apartment.

Management and leasing office.

Maintenance facilities and structures approved as part of the site plan.

Other subordinate structures customarily incidental and subordinate to the principal building or use on the lot.

Tract standards.

Maximum density - 15.5 dwelling units per gross acre of land, not to exceed 175 total units.

Maximum building coverage - 35 percent of the gross lot area. Building coverage means the roof area of buildings. It does not include other structures, such as detention basins.

Maximum lot coverage (impervious surface coverage) - 60 percent of the gross lot area.

Minimum setback from perimeter property line - 25 feet (each side) and 25 feet (front and rear). No building can be constructed within 40 feet from Union Avenue.

Maximum building height - No more than 4 1/2 stories and 65 feet, measured in accordance with § 92-63B above, provided that no windowsill (including any loft) shall be more than 42 feet in height from the ground.

Maximum building length - 240 feet in any single plane.

Minimum parking setback from perimeter property line - 25 feet from Union Avenue and 15 feet elsewhere.

Minimum open space - At least 20 percent of the site shall consist of open space. Open space preserved on the site pursuant to § 92-63M, consisting of 2.652 acres, shall count toward and satisfies the minimum open space requirement set forth herein. This 2.652 acre portion of the property is and shall continue to be permanently deed restricted against development.

Minimum percentage of affordable housing units - It is intended that the low and moderate-income units shall be for rent, such that a minimum of 15 percent of the total number of units constructed on the site shall be affordable. If the Borough otherwise has met its affordable housing rental obligation such that it is no longer necessary to have affordable housing rental units designated for this site, "for sale" units may be constructed, such that a minimum of 20 percent of the total number of units constructed on the site shall be affordable. The low and moderate-income units shall be constructed pursuant to the phasing schedule required by COAH's rules. The affordable units shall conform to N.J.A.C. 5:94-1, et seq. (COAH's rules) and N.J.A.C. 5:80-26, et seq. (Uniform Housing Affordability Controls). The affordable units shall be integrated throughout the development.

Accessory buildings and/or structures:

Minimum setback from property line - 25 feet.

Building height - A maximum of 35 feet and 2 stories. A story shall not include a crawl space or a basement, which may be constructed as a walk-out basement, nor shall a walk-out basement be considered in the calculation of building height. For purposes of this section only, the height of an accessory building and/or structure shall be measured from main floor grade level to the peak of the building.

Accessory buildings and structures in the IMF zone shall be exempt from § 92-17 of this chapter.

Perimeter and accessory setback standards shall not apply to site improvements such as retaining walls, detention basins, signs and fencing, unless otherwise required by this section.

Multifamily building standards.

Maximum number of units per building - 54.

Maximum length of building - 240 feet.

Maximum depth of building - 160 feet.

Minimum building setback from internal street or parking space - 10 feet. The building setback shall be measured from the face of the curb or right-of-way of a public street, whichever is greater.

Maximum building height (residential building) - See § 92-63E(5) above.

Minimum distance between residential buildings - 40 feet for buildings in excess of 3 stories; otherwise, 25 feet, except for buildings 2 and 6, as shown on the attached concept plan, which may have a separation between them of 17 feet.[3]

Editor's Note: See Exhibit C, Dimension Plan for BLC Development.

Parking requirements shall be no more or less than required by RSIS standards. There is no obligation to provide garage parking for any unit. Parking may be provided as either surface parking lots, garages or on-street parking along internal roads or some combination of the foregoing. Parking standards for the management/leasing office would be one space for each 250 square feet of office space. Parking standards for the clubhouse would be set at 1 space for each 400 square feet of recreation space within the clubhouse. There would be no requirement for additional parking for the pool which is part of the clubhouse facility.

Dumpsters may be located outside of the buildings in appropriately screened enclosures and shall be bear-resistant to commercially reasonable standards, subject to review and approval of the Planning Board.

The owner or any homeowners' or condominium association for the community shall be responsible for owning, maintaining, and repairing all common areas in the community. If a homeowners' or condominium association has been established, all unit owners shall be required to be members of the association. The review of the documents establishing any homeowners' or condominium association shall be subject to the sole jurisdiction of the N.J. Department of Community Affairs.

Tree removal. It is understood that the applicant will have to clear significant wooded areas to construct the inclusionary development. The applicant shall be exempt from any prohibition on clearing trees. However, the minimum open space shall not be disturbed. The applicant shall be required to submit a landscaping and screening plan, which shall be subject to review and approval of the Planning Board.

Firefighting access. All buildings shall have access for firefighting. Flat (no more than 2 percent slope) stable areas for firefighting vehicles shall be provided as indicated on the attached concept plan.

Temporary sales/leasing trailer, sales office, models and construction trailers.

One temporary sales/leasing trailer shall be permitted on-site upon the Planning Board's granting of preliminary site plan approval for the community. The developer shall be permitted to have temporary construction trailers and staging areas on-site during construction. The number of temporary construction trailers and staging areas is limited to 10 at any one time.

Maximum trailer size: 25' x 80'.

Location: The location of any sales/leasing trailer shall be shown on the site plan.

Parking for sales/leasing trailer: one space per sales/leasing employee plus five additional spaces, which can be temporary gravel or pavement.

Temporary exterior lighting may be provided to illuminate the trailers and provide security during construction; such lighting shall be shielded from adjacent properties to prevent overhead skyglow.

The applicant shall be permitted to use units within the development for models and for a rental and sales office during and after the construction of the development.

All temporary construction trailers shall be removed prior to final bond release.

The temporary sales/leasing trailer shall be removed upon construction/establishment of and issuance of a certificate of occupancy by the Borough for a permanent sales/leasing office.

Permanent signs.

Two permanent entry signs shall be permitted having a maximum area of 50 square feet each. These may be two-sided and shall not exceed eight feet in height.

Directional, building locator and wayfinding signs shall be permitted with a maximum area of eight square feet per sign. This shall apply to all residential buildings, clubhouse and any recreation areas on-site.

Permanent signs shall not be located within required sight triangles established by the RSIS.

Minimum sign setback to perimeter property line: three feet.

Sign maintenance shall be the responsibility of the owner or any homeowners' or condominium association that may be established.

Exterior illumination of signs shall be permitted, subject to Planning Board approval as to illumination type and intensity. No flashing or moving lights shall be permitted.

The number of directional, building locator, wayfinding and regulatory (traffic signs per the MUTCD) signs that shall be permitted within the development shall be subject to Planning Board approval.

All signage shall be shown on the approved site plans. No other permanent signage shall be permitted on the site.

Temporary signs.

Sales/leasing directional signs and construction vehicular movement signs shall be permitted with a maximum area of eight square feet per sign.

A temporary 2-sided sales/leasing sign shall be permitted at the entrance, within three feet of the property line, with a maximum area of 20 square feet subject to Planning Board approval.

Temporary signs shall not be located within required sight triangles established by RSIS standards.

Lighting. The Illuminating Engineering Society (IES) standards shall apply.

Sidewalks. Sidewalks shall be provided along all roadways, as necessary, to comply with applicable RSIS standards. In addition, sidewalks shall be provided to connect parking areas to the entrances of residential buildings and to recreational facilities and buildings. All sidewalks required to be accessible shall be accessible pursuant to the New Jersey Barrier Free Subcode, N.J.A.C. 5:23-7, et seq.

Street trees. Street trees shall have a minimum diameter of two and one-half (2.5) inches in diameter, measured six inches above the ground. Such trees shall be planted 30 to 40 feet apart (averaging 35 feet).

Maintenance of open space and common areas.

The owner or any homeowners' or condominium association that may be established shall be responsible for the maintenance of the open space and other common areas in the development.

If a homeowners' or condominium association is established, the continued maintenance of the open space shall be enforced through the procedures outlined at N.J.S.A. 40:55D-43(b) and (c).

The dedicated open space shall remain as common area of the project or the association and on the tax rolls of the Borough of Bloomingdale.

Phasing. If the applicant proposes to phase the development, it shall submit a phasing plan, with the site plan application, consistent with the following principles:

COAH's rules for the phasing of the construction of the low and moderate-income units shall be complied with at all times.

Retaining walls.

The development of this site may require the use of retaining walls. These retaining walls shall consist of either reinforced concrete with a segmented facade or modular concrete retaining walls.

The location and type of retaining wall shall be shown on the site plan to be submitted to the Planning Board. The Board shall review the aesthetics of the facade choice(s).

Said site plan shall contain a typical or generic detail of the proposed retaining wall. Said detail shall provide generic information as to:

Maximum height.

Structural composition.

Modular unit and configuration.

Face color.

[5]

Face finish.

While the applicant shall not be required to submit detailed geotechnical data, structural designs or shop drawings as part of the site plan review, such information shall be provided to the Planning Board Engineer as a condition of any approval. These data and drawings shall be submitted under the signature of a New Jersey Licensed Professional Engineer and the Planning Board Engineer shall review and approve the data and drawings prior to any request for a construction permit for said walls.

In the event a retaining wall is 30 inches or higher, the site plan shall provide for placement of fencing along the portion of the retaining wall, which is 30 inches or higher, and such fencing shall be a minimum of four feet high. Fencing shall only be required along the top tier of a multi-tiered wall where access is not available to the lower tiers.7

Walls erected for structural purposes of retaining soil pertinent to an approved grading plan shall not exceed 10 feet in height as measured from the lowest finished grade at any point to the topmost portion of the structure at that point. Walls may be stepped to meet this requirement if decorative landscaping is provided at the base of each step.

Pre-blast survey. The applicant shall be required to perform a pre-blast survey of noticed properties within 200 feet of the site.

Environmental information. The applicant is required to provide an environmental impact statement in the form attached hereto.[4]

Editor's Note: See Exhibit B, Modified Environmental Impact Statement Applicable to IMF 9Project.