The short form by which this chapter may be known shall be the "Land Development Ordinance of the Township of Bloomfield."
This chapter is adopted pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare. The purposes of this chapter are as follows:
A.
To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare by means including the following:
(1)
By regulating the location of buildings and establishing standards of development; establishing setback lines of buildings designed for residential, commercial, industrial, office or other uses and by fixing reasonable standards to which buildings or structures shall conform.
(2)
By prohibiting incompatible uses and prohibiting uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
(3)
By regulating alterations of existing buildings and preventing such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
(4)
By conserving the value of land and buildings throughout the Township.
B.
To secure safety from fire, flood, panic and other natural and human-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of the neighborhoods, preservation of the environment and quality of life.
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
I.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
K.
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
L.
To provide, within the community's resources, for the future housing needs of the citizens of the Township of Bloomfield.
M.
To encourage senior citizen community housing construction.
N.
To promote utilization of renewable energy sources.
O.
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
A.
Where the provisions of this chapter impose greater restrictions than those imposed by any other law, ordinance, regulation or resolution, the provisions of this chapter shall control. Where the provisions of any other law, ordinance, regulation or resolution impose a greater restriction than this chapter, the provisions of such other law, ordinance, regulation or resolution shall control.
B.
The requirements of this chapter shall be held paramount to any less restrictive provisions or requirements established by deed restriction, private covenant or agreement. Without limiting the foregoing, where this chapter imposes a greater restriction or limitation upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot areas or larger yards, courts or other open spaces than are required by covenants or restrictions imposed by deed or private agreement, the provisions of this chapter shall control.
Following the effective date of this chapter, the establishment of any use not expressly permitted by this chapter shall be prohibited.
For the purposes of this chapter:
A.
The present tense shall include the future.
B.
The singular number shall include the plural and the plural the singular.
C.
The word "shall" is always mandatory; the word "may" is discretionary.
D.
The words "zone" and "district" are synonymous, and whenever the term "structure" is used, it shall be construed to include the term "building."
[Amended 8-16-2021 by Ord. No. 21-31; 7-18-2022 by Ord. No. 22-4811-27-2023 by Ord. No. 23-56; 5-20-2024 by Ord. No. 24-23; 5-19-2025 by Ord. No. 25-14]
Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein defined. Whenever a term is used in this chapter which is not defined below but is defined in the MLUL, such term shall have the same meaning as the MLUL. Any word or term not defined below or in the MLUL shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or the latest edition).
The relinquishment of property, or a cessation of the use of property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
A physical entrance to property.
A temporary or permanent building detached from a principal building located on the same lot, the use of which is customarily incidental and subordinate to that of the principal building or use.
A temporary or permanent structure other than a building, attached to or detached from a principal building located on the same lot, the use of which is customarily incidental and subordinate to that of the principal building or use.
A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
A structure added to the original structure at some time after the completion of the original structure.
For purposes of this chapter, the Zoning Officer of the Township of Bloomfield.
A planned development designed for active older people that emphasizes social and recreational activities but may also provide personal services, limited health facilities, and transportation.
Any use or business establishment that provides access to media, materials, clothing, paraphernalia or entertainment with content that is sexually explicit or which is designed to titillate or which would be prohibited from being viewed by minors by state law or regulation.
The results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions may relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in Article IV.
The traveled way by which cars enter and depart parking spaces.
Any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof necessary to enable a change from one use to another or the moving of a building or structure from one location to another. Alteration shall not be construed to mean any necessary repairs of an existing structure solely for the purpose of maintenance.
Human-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
A device for transmitting or receiving electromagnetic waves, usually mounted on a tower, building or structure.
One or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit. See also "dwelling, garden apartment."
A developer submitting an application for development.
The application form and all accompanying documents and exhibits required of an applicant for development review and approval.
A plan which has been granted final approval by the Planning Board or Zoning Board of Adjustment of the Township of Bloomfield.
A facility which is licensed by the New Jersey State Department of Health to provide housing and congregate dining, and to assure that assisted living services are available when needed, to four or more adult persons unrelated to the proprietor. Such units shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living is a level of care between nursing care and independent living and includes a coordinated array of supportive personal and health services, available 24 hours per day, to residents who have been assessed to need these services.
The entity responsible for the administration of a condominium or other development, which entity may be incorporated or unincorporated. See "homeowners' association."
That part of the building that is immediately below and wholly or partly within the roof framing and separated by a floor or ceiling from the nearest occupied floor.
A habitable attic shall be an attic that has a code conforming stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third the area of the next floor below. A habitable attic shall not include a bedroom or bathroom unless authorized by applicable codes. A habitable attic shall not include a kitchen.
A lot or building principally used for the sale or rental of automobiles or other motor vehicles and including any vehicle preparation or repair work conducted as an accessory use. This shall be interpreted to include new and used motor vehicle dealerships, car rental agencies and auto accessory salesrooms, but not automobile auctions or the sale of junked automotive equipment, parts, or inoperable motor vehicles.
A lot or building used for the maintenance, servicing, repair or painting of motor vehicles, but not including auto sales or dealerships, or the sale of junked automotive equipment, parts, inoperable motor vehicles or gasoline.
A roof-like covering extending over a walkway, sidewalk or exterior place, supported by a frame attached to the building and/or ground with a surface made of fabric or a more rigid material, such as plastic or metal, and either retractable against the building or fixed in place.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
A premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food or packaged liquors may also be served or sold. Entertainment may also be provided as accessory to the principal use.
A story partly underground and having more than 1/2 of its clear height below the finished grade. A basement shall not be considered a story for purposes of height measurement in determining the permissible number of stories when used solely for incidental or accessory storage or for the housing of mechanical equipment, to include a hot-water heater and furnace, for a washer, dryer, recreation room and a bathroom, either partial or full. A basement may not be used for sleeping purposes. A bathroom shall not be permitted in the basement unless the only access to same is through an existing dwelling unit.
Any enclosed space which contains a bathtub or shower, a lavatory and a sink or fixtures serving similar purposes.
Any enclosed space which contains a lavatory and a sink or fixtures serving a similar purpose.
A mound of earth or the act of pushing earth into a mound.
A pathway, often paved and separated from streets and sidewalks, designed to be used by bicycles.
A sign advertising an occupant, product or service on a lot other than the lot upon which the billboard is located.
The Township of Bloomfield Planning Board, the Zoning Board of Adjustment or the Township Council, when acting within its scope of jurisdiction under this chapter and/or the MLUL.
A New Jersey-licensed professional engineer retained to provide technical advice to the Board.
A person other than a member of a family occupying a part of any dwelling unit who, for consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.
A structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
A strip of land containing natural woodlands, berms or other planted screening materials used to physically separate or screen one use or property from another so as to minimize adverse impacts. No building, parking area, driveway (except to provide access to the property and which is perpendicular to the buffer area), street, sign (except directional sign) or storage of materials shall be permitted in such buffer.
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal process, equipment, goods or materials of any kind.
The ratio of the horizontal area of all principal and accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area.
The two-dimensional space within which a principal structure is permitted to be built on a lot and which is defined by minimum yard setbacks.
See "height of structure."
The line formed by an exterior wall of a building, extended from lot line to lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface.
The diameter of a tree trunk measured in inches at height of six inches off the ground.
See the definition set forth in P.L. 2021, c. 16.
See the definition set forth in P.L. 2021, c. 16.
See the definition set forth in P.L. 2021, c. 16.
As defined in P.L. 2021, c. 16, either a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler or a cannabis retailer.
See the definition set forth in P.L. 2021, c. 16.
See the definition set forth in P.L. 2021, c. 16, and shall include medical cannabis dispensaries.
See the definition set forth in P.L. 2021, c. 16.
See "awning."
A timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority and may also include cost estimates and the anticipated means of financing each project.
A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
The hard or paved area of a street between the curbs, including travel lanes and parking areas but not including curbs, sidewalks or swales. Where there are no curbs, the cartway is that portion between the edges of the paved width.
A building or place of business where the washing of motor vehicles is carried on by hand or with the use of a chain or conveyor, blower and water and/or steam cleaning device.
A space with less than 1/2 of its floor to ceiling height above the average finished grade of the adjoining ground and with a floor-to-ceiling height of less than 6 1/2 feet.
A document issued by the Construction Official allowing the occupancy of a building and certifying that the structure has been constructed and/or renovated according to and in compliance with all the applicable state codes and municipal ordinances and resolutions.
A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
Having distinctive qualities, such that attributes or features make up a distinguishable trait or group of traits.
An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
Activity involving the sale of goods or services carried out for profit but not including office uses.
Ownership of two or more contiguous parcels of real property by one person or legal entity. Joint and/or common owners shall be deemed to be one legal entity.
Water supply and/or sewage disposal systems, whether privately or publicly owned and operated, that serve two or more dwellings or other buildings.
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 persons with developmental disabilities or with mental illnesses, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c. 136 (C.26:2H-1 et seq.). In the case of such a community residence housing persons with mental illness, the residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to procedures as shall be established by regulation of the Division of Mental Health and Addiction Services in the Department of Human Services.
A community residential facility licensed pursuant to P.L. 1977, c. 448 providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health-care facility within the meaning of the "Health Care Facilities Planning Act," 1971, c. 136.
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, for not more than 15 terminally ill persons.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
The form of ownership of real property under a master deed pursuant to N.J.S.A. 46:8B-1 et seq.
A facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, resource facilities and meeting rooms.
The Construction Official of the Township of Bloomfield when acting pursuant to the Municipal Land Use Law, this chapter and the New Jersey Uniform Construction Code.
Legal authorization for the erection, alteration or extension of a structure.
Tracts of land which share one or more common boundaries.
A development of residential living units exclusively for persons who are 62 years of age or older, or for couples, one of whom is at least 62 years of age, which provides a continuum of accommodations and care from independent living to assisted living facility to long-term care facility/nursing facility/skilled nursing home and which provides continuing care as an integral part of the residential development. "Continuing care" is the provision of lodging and nursing, medical or other health-related services at the CCRC or at another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, and, in consideration of the payment of an entrance fee with or without other periodic charges, provided that the person receiving the care is not related to the person who provides the care.
A composite of the plan elements for the physical development of Essex County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.
The Essex County Planning Board.
Any open space, unobstructed from the ground to the sky, that is bounded on two or more sides by the walls of a building.
The turnaround at the end of a dead-end street.
A structure under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system.
The opening along the curbline at which point vehicles may enter or leave the roadway.
A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
Calendar days.
A street or portion of a street which is accessible by a single means of ingress or egress.
A dedication of land for construction, reconstruction, widening, repairing, maintaining, using or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
The permitted number of dwelling units per gross area of land to be developed, which, if not specifically stated, is derived using minimum lot area.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances; or any use or change in use of land.
Development other than planned development.
Zoning, subdivision, site plan, Official Map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
See "nightclub."
A drainage channel constructed across or at the bottom of a slope to divert water.
The removal of surface water or groundwater from land by drains, grading or other means and includes controls of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.
A covered pit with an open jointed lining into which water is piped or directed from roofs, basement floors, other impervious surfaces or swales or pipes to seep or percolate into the surrounding soil.
A structure or portion thereof that is used exclusively for human habitation. Dwellings may include but are not limited to the following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached dwellings in which each dwelling has its own front and rear access to the outside, no dwelling is located over another dwelling and each dwelling is separated from all other attached dwellings by one or more vertical common fire-resistant walls.
TWO-FAMILY/DUPLEXA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal or vertical separations, including garden apartments and townhouses.
MID-RISE MULTIFAMILYAn apartment building containing from three to five stories.
HIGH-RISE MULTIFAMILYAn apartment building containing six or more stories.
Any room or group of rooms located within a building forming a single habitable unit with facilities which are used, designed or arranged to be used for living, sleeping, cooking and sanitary facilities. A dwelling unit shall only be permitted to have one kitchen. If the dwelling unit contains a basement, a full bathroom shall not be permitted in the basement. A partial bathroom shall be permitted (a sink and lavatory), provided the only access to same is through an existing dwelling unit. If the dwelling unit contains an attic, a bathroom, either partial or full, shall not be permitted in the attic.
A college or university authorized by the state to award degrees.
Any obstruction within a delineated floodplain.
A study to determine the potential direct and indirect effects of a proposed development on the environment.
The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
Telephone and electric lines, cable, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public, not including wireless or cellular communications facilities.
Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged.
The Federal Aviation Administration.
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit. For purposes of this chapter, "family" does not include any society, club, fraternity, sorority, association, lodge, federation or like organizations or any group of individuals who are in a group living arrangement as a result of criminal offenses.
Any private residence approved by the Department of Children and Families or an organization with which the division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
The Federal Communications Commission.
Any structure of wood, stone, vegetation or other material erected, planted or designed for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous parcels of land.
The official action of the Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guarantees.
Any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
That portion of the flood hazard area outside the floodway, based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
The floodplain consisting of the floodway and the flood fringe area.
The same as the "flood hazard area," regulated by Chapter 250, Flood Damage Prevention, of the Township Code.
The channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
The sum of the area of all floors of buildings measured to the dimensions of the outside walls of the buildings inclusive of ground floor parking, but excluding attics, basements, cellars, sheds and detached garages, except to the extent such areas are finished for use as bedrooms, family rooms, studies or other such living quarters; open porches, decks, patios, terraces, balconies, breezeways and arcades; utility, mechanical and emergency power equipment areas; stairwells and elevator shafts in commercial buildings and multifamily dwellings; guard houses; and any open area above the ground floor within an open atrium space.
Representing the floor area divided by the lot area.
Particles of airborne matter, not including process material, arising from the combustion of fuel, such as coal, wood or oil.
See "lot, frontage."
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
A building, or part thereof, or multi-level structure intended for the parking of motor vehicles. The outdoor sale of goods is prohibited, except for the sale of new and used motor vehicles, as permitted hereby.
A parking garage intended for the use of the owners, residents, employees, customers or visitors of any residential or nonretail commercial use.
A parking garage available to the general public, with or without a fee, including one intended to serve retail uses.
See "automotive repair services."
The growing, cultivating, storage and sale of garden plants, flowers, trees, shrubs and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
A place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and which may provide for minor repairs, but shall not include auto body work, welding or painting, any repair work outside of the enclosed building or the sale of food and drinks except by vending machines.
The Mayor and Council of the Township of Bloomfield.
Any department, commission, independent agency or instrumentality of the United States, the State of New Jersey, and/or any county, municipal or other governmental unit.
The final elevation of the ground level adjoining a building at all exterior walls after development.
The elevation of the ground level in its natural state, before construction, filling or excavation.
Any operation that modifies the existing topography such as cutting, stripping, filling, stockpiling or any combination thereof.
The total floor area for which the tenant pays rent and that is designed for the tenant's occupancy and exclusive use, including any basements, mezzanines and loading docks.
The floor or level of any building that is at natural grade.
See "health club."
Such elements or compounds which, when discharged in any quantity into the environs of air, water or soil, present potential danger to the public health or welfare and vegetation or any forms of wildlife.
An establishment that provides facilities for aerobic exercise and exercise equipment, including showers, lockers and other accessory uses.
The vertical distance from the average finished grade surrounding the structure to the level of the highest point of the roof surface.
An occupation or activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit.
A home occupation consisting of the office of a practitioner of a recognized profession. See "professional office."
A community association, other than a condominium association, that is organized in a development, in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
A facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, entertainment and recreation facilities.
A building or structure, or groups of buildings or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
A change in the use of any room, group of rooms, space or spaces, whether or not any construction takes place, to create dwelling units without approval of the requisite agencies or boards of the Township of Bloomfield and for which no dwelling certificate exists.
Any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving, decks and patios, but excluding outdoor swimming pools accessory to one- or two-family dwellings. All required parking areas that are permitted to remain unimproved and all gravel areas shall be considered as impervious surfaces.
A lot upon which exists a structure or building.
A dwelling unit in a continuing care retirement community which is unrestricted except as to an age requirement for occupancy.
Quasi-public and nonprofit uses, such as public utilities, private schools and educational institutions, hospitals, houses of worship and cemeteries.
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
Real property, including improvements and fixtures on, above or below the surface.
Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
Those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or common hall.
A facility which provides a full range of twenty-four-hour direct medical nursing and other health services. Registered nurses, licensed practical nurses and nurses' aides provide services prescribed by a residence physician. It is for those older adults who need health supervision but not hospitalization. The emphasis is on nursing care, but restorative physical occupational speech and respiratory therapies are also provided. This level of care may also include specialized nursing services such as intravenous feeding or medication, tube feeding, injected medication, daily wound care, rehabilitation services and monitoring of unstable conditions.
A designated parcel, tract or area of land established by plat, or otherwise as permitted by law, and to be used, developed or built upon as a unit.
The total area within the lot lines of a lot but not including any street rights-of-way.
A parcel of land, either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than 45°. The greater frontage of a corner lot is its depth and its width is measured parallel to the lesser frontage.
That part of a lot covered with impervious surfaces.
The average distance between the front lot line and the rear lot line.
All areas disturbed for the purpose of the construction of buildings or other structures on an individual fee simple lot. This total shall include all disturbances, including but not limited to building and structure areas, lawns and areas of tree removal.
A lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
The length of the front lot line measured at the street right-of-way line.
A lot other than a corner lot.
A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot line, which on a corner lot will be the lot line opposite the lesser frontage. In the case of triangular or other irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The distance between the side lot lines measured at the front setback line. On corner lots, lot width shall be measured at the front setback line parallel to the lesser frontage.
Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds and letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
An existing industrial facility possessing greater than 125,000 square feet of gross building area throughout the complex.
A development that does not qualify as a minor site plan.
Any subdivision not classified as a minor subdivision.
An establishment principally devoted to the practice of massage therapy, which involves pressing, squeezing, stretching or stimulating the face, scalp, neck, limbs or other parts of the human body with or without cosmetic preparation, either by hand or with mechanical or electrical appliances.
A composite of one or more written or graphic proposals for the development of the Township of Bloomfield as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
The chief executive of the Township.
See the definition set forth in P.L. 2021, c. 16.
The development plan for a single lot which:
Does not involve adverse development impacts upon surrounding properties or streets, a conditional use, a planned development, any new street or the extension of any off-tract improvement; and involves the following: a) an addition to a building or structure not exceeding 10% of the floor area of the existing building or structure, or 1,000 square feet, whichever is less; and/or b) a site improvement requiring an area of disturbance of 1,000 square feet or less; and/or c) interior alterations to a building; and d) no increase in the parking requirement or the addition of parking spaces not exceeding 10% of the number of existing spaces, or five new parking spaces, whichever is less; or
Involves an application in which the only relief sought is a sign variance. See Article V, § 315-42A(3)(b).
Any subdivision containing not more than three lots and which does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
The Municipal Land Use Law.
The Planning Board, Board of Adjustment or the Mayor and Council when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 et seq., as amended.
Any governmental use made by the Township of Bloomfield of property owned or leased by it or legally under its control by easement, license or otherwise.
Shall include the entire area which is situated within 300 feet of the property lines of the proposed development.
An establishment dispensing alcoholic beverages and/or food and in which music, dancing or entertainment is conducted as a primary activity.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
See "long-term care facility."
As may be required by the Township, any individual, firm, association, corporation or any other legal entity, and including the owner or subdivider, or both, responsible for posting and executing any required performance guaranty.
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32).
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
Not located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners and occupants and their invitees, provided that such parcels or areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
An open space area within or related to a townhouse, multifamily or mixed residential and commercial use development, not dedicated to public use, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
An open space area owned by a public entity for the use and enjoyment of the general public.
The use of any portion of a lot for outdoor service of food and/or drink accessory to the principal restaurant use on the lot. The outdoor dining area may be open to the sky, with or without umbrellas, or may be partially or totally enclosed by a temporary awning or tent-like structure.
Any publicly or privately owned area, at grade, within or without a building, designed or used to park motor vehicles.
A parking area accessory to a principal use, exclusively for the owners and tenants of the lot on which the parking area is located and their invitees.
A parking area available to the public, with or without payment of a fee.
Any public or private parking area or garage.
A space for the off-street parking of one operable licensed motor vehicle within a public or private parking area.
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
A level surfaced area directly adjacent to a principal building at or within 1 1/2 feet of the finished grade, not covered by a permanent roof.
Any security which may be accepted by the Township, including cash, provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, skyglow, earthborn or sonic vibrations, heat, radiation, television or radio waves, noxious odors, toxic materials, explosive and inflammable materials, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township; or required by applicable federal or state laws or municipal ordinances.
A certificate issued to perform work under this chapter.
A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
Establishments primarily engaged in providing services involving the care of a person or a person's personal goods or apparel. Examples include laundromats, dry cleaners, beauty salons, barbershops, shoe repair, tailors, spas, tattoo parlors and health clubs. Massage parlors shall not be considered a personal service.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site plan which is presented to the Board for final approval in accordance with this chapter.
The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board for consideration and preliminary approval.
A roofed open area, which may be screened, usually attached to or part of and having direct access to and from a building.
The conferral of certain rights prior to final approval, after specific elements of a development plan have been approved by the Board and agreed to by the applicant.
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
A building in which is conducted the main use of the lot.
The office of a member of a recognized profession maintained for the conduct of that profession.
Any land owned or operated by a governmental entity.
A facility with the primary function of generating, creating or harnessing natural or human-made energy for essential services use or distribution off site, including electrical sub- and switching stations, or the disposal or treatment of water or wastes, not including service yards or storage and treatment yards and facilities or wireless telecommunications facilities.
A majority of the full authorized membership of a municipal agency.
Facilities for leisure time activities which require equipment and take place at prescribed places, sites or fields, including but not limited to swimming, tennis and/or other court games, other field sports, running, jogging, water sports and playground activities.
A place where sports, leisure time activities and customary and usual recreational activities are carried out.
An accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.
Facilities operated by a private organization and open only to bona fide members and guests of such organization.
Facilities operated by the Township, county or other governmental agency.
Facilities for activities that involve relatively inactive endeavors, including but not limited to, walking, sitting, picnicking, and outdoor table games. Passive outdoor recreational facilities may also include open areas suitable for nature walks and for scenic observations.
A vehicle without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use.
A facility limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients.
See "density."
The R-1A, R-1B, R-2A, R-2B, R-G, R-T, R-H, CORD and PO/R Districts.
An establishment where the preparation, serving and consumption of food is the principal purpose, mostly at tables within the principal building. Alcoholic beverages may also be served, but only ancillary to food service.
An establishment where food and drink may be ordered and/or picked up from a motor vehicle.
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within a building or off the premises.
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances made so as to combine existing lots by deed or other instrument.
Establishments engaged in selling goods, merchandise or services to the general public for personal use or household consumption, but not including adult uses, junk or scrap yards, petroleum and propane bulk stations, gasoline service stations, automobile repair or body shops, offices, car washes or the sale of new or used automobiles, automotive parts and lumber and other building materials. This definition does not include tattoo parlors or massage parlors.
An apparatus capable of transmitting and/or receiving signals from geostationary orbital satellites, also known as a "satellite earth station."
Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge.
Any school that is licensed by the state and meets state requirements for elementary education.
Any school that is licensed by the state and meets state requirements for secondary education.
A person who is 62 years of age or older.
Housing that is located and designed to meet the special needs and accommodate the changing living arrangements of senior citizens.
Organizations whose principal purpose is community service, such as Rotary, Kiwanis and Lions Club.
That line to which a building must be set back from the property line.
A site developed with more than two commercial establishments in one or more buildings, planned and managed as a total entity, with customer and employee parking provided on site, provision for goods' delivery separated from customer access, and with aesthetic considerations, circulation, landscaping and signage incorporated into an approved plan.
Use of the sidewalk beyond the front building wall, including intrusion into the street right-of-way, of any restaurant for chairs, tables and other space dividers at which food and/or drink is served for consumption by patrons of the restaurant.
A triangular-shaped portion of land established at street intersections in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.
Any plot or parcel of land or combination of contiguous lots or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, wetlands and waterways.
The location of all existing and proposed buildings, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices;
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter by the Planning Board.
Shall mean any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco products, shall not be included within the definition of smoke shop. An area for "smoking" shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic device.
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
A plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation.
The keeping or placing of goods, wares, materials, merchandise or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items, such as, but not limited to, tools, lawn and garden equipment and furniture, and similar items of personal property belonging to the occupant or owner of the principal structure.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with a headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
A watercourse having a source, terminus, banks and channel through which waters flow at least periodically.
A street, avenue, boulevard, road, parkway, viaduct, drive or other way:
Which is an existing state, county or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law; or
Which is approved by official action as provided by this chapter; or
Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A street that collects traffic from local streets and connects with major and minor arterials and so designated in the duly adopted Township Master Plan.
A street with a single common ingress and egress with a turnaround at the end.
A street intended primarily for access to individual properties and designed for local traffic and so designated in the duly adopted Township Master Plan.
Any street or road intended to carry large traffic volumes at steady speeds through the Township and so designated in the duly adopted Township Master Plan.
A street running parallel to a freeway or major arterial and serving abutting properties.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Township. The term "subdivision" shall also include the term "resubdivision."
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
An artificial basin or other structure for the holding of water, constructed on residential premises for the sole use of the occupant of the premises, their family and guests, for wading, swimming, diving or other aquatic sports and recreation. The term "swimming pool" shall not include any plastic, canvas, rubber or other small receptacle temporarily erected on the ground and which holds less than 500 gallons of water.
See "bar."
A facility used for viewing of live performances and/or films.
Containing a specific topic, quality, characteristic or design representation which the development is designed upon.
The surface soil and soil material to a depth of six inches tillage, its equivalent in cultivated soil or the original or present "A" horizon plus "B" horizon (if in top six inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacement for any purposes whatsoever. Topsoil shall be capable of supporting vegetation indigenous to the area.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless communications towers, alternative tower structures, and the like; it also includes the structure and any support thereto.
LATTICE TOWERA lattice shaped steel structure held in place by a concrete foundation upon which antennas are mounted.
GUYED TOWERAny steel structure upon which antennas are mounted which is supported by steel cables.
MONOPOLE TOWERA steel structure which itself acts as an antenna.
That person appointed to the position by Township Council.
Property which is the subject of a development application.
All tract disturbances not associated with individual lots, including areas disturbed for roadways and drainage systems.
Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.
A prefabricated container, trailer or converted or altered vehicle structure used or intended for use as temporary or permanent storage or occupation on site. The term "transportable" shall not include prefabricated sheds for use on residential properties. Transportable shall include emergency temporary residential transportables, temporary construction site trailers and temporary storage transportables.
Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.
The purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of Article V, Zoning, of this chapter.
An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
Permission to depart from the literal requirements of this chapter, except for deviations from Article V, Zoning, which require a variance.
A solid, vertical structure of wood, masonry or other material serving to enclose, divide or protect an area.
Any natural or artificial collection of water, whether permanent or temporary.
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.
Establishments or places of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, not including the sale of used automotive parts, junk and scrap yards or petroleum and propane bulk stations or terminals.
A site operated by a licensed wireless telecommunications provider, including towers, antennas and related structures, used to transmit or receive electromagnetic waves for commercial purposes.
An open space that lies between the principal building or buildings and the nearest lot line.
A space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at its closest point to the front lot line.
The space between the rear building wall of the principal building, as extended from side lot line to side lot line, and the nearest lot line, and measured perpendicular to the building at its closest point to the nearest lot line.
The space between a side building wall of the principal building and a side lot line, extending from the front yard to the rear yard and measured perpendicular to the building at its closest point to the side lot line.
A document signed by the Zoning Officer:
Which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, or for a subdivision; and
Which acknowledges that such use, structure or building complies with the provisions of the Township Land Development Ordinance or variance therefrom which was duly authorized by the appropriate agency of the Township pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.