A. The purpose of this ordinance is to provide rules, regulations and standards to guide the process of site plan review and land subdivision approval in the Borough of Bloomingdale in order to promote the public health, safety, convenience, morals and general welfare of the borough. It shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services and to achieve the purposes set forth in Article I of the Municipal Land Use Law, P.L. 1975, c. 291.

B. The standards set out in this ordinance shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the borough. Any action taken by the Planning Board, Board of Adjustment and the Borough Council under the terms of this ordinance shall give primary consideration to the above. mentioned matters and to the welfare of the entire community.

A. For the purpose of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them in this section:

ADMINISTRATIVE OFFICERS - The persons who shall function as Zoning Officer, Planning Board Secretary and Zoning Board of Adjustment Secretary of the Borough of Bloomingdale.

ALLEY OR SERVICEWAY - Public or private ways open to public vehicular use, primarily for service and access to the rear or side of the properties otherwise abutting on a street.

APPLICANT - A developer submitting an application for development.

BLOCK - The area bounded by local, secondary or major streets sufficiently large to accommodate a lot or lots of the minimum size required in the Bloomingdale Zoning Ordinance,' and as further defined in Article IX, § 69-57 of this ordinance.

BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of the Municipal Land Use Law, P.L. 1975, c. 291.

BOROUGH - The Borough of Bloomingdale.

BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transportation points.

CLERK - The person designated as the Municipal Clerk by the Mayor or governing body in accordance with the bylaws of the Borough of Bloomingdale.

COMMON OPEN SPACE - An open space area within or related to a site designated as a development 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.

COMPLETE APPLICATION - An application form, completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency. (Amended 3-13-80 by Ord. No. 3-80]

CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION OFFICIAL - The person designated as such by the Mayor or governing body in accordance with the bylaws of the Borough of Bloomingdale and the State of New Jersey.

COUNTY PLANNING BOARD - The Passaic County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (N.J.R.S. 40:27-6.1). [Added 3-13-80 by Ord. No. 3-80]

CUL-DE-SAC - A dead-end street or alley with a turnaround at the end.

DAYS - Calendar days.

DEAD-END STREET - A street used primarily for access to abutting properties and whose entrance and exit are the same.

DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be 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.

DEVELOPMENT - The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this ordinance.

DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and includes the control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY - The land required for installation of stormwater sewers or drainage ditches or those lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Title 58 of the Revised Statutes of New Jersey.

ENGINEER - The person designated by the Mayor with the approval of Borough Council as the Borough Engineer. In cases where the Borough Engineer is the applicant's engineer, the Planning Board shall have the power to designate another professional engineer to serve as the Borough Engineer in the particular situation, The new, temporary engineer shall receive all fees normally received by the regular Borough Engineer.

FINAL APPROVAL - The official action of the Planning 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 guaranties property posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT - The final map of all or a portion of the subdivision which is presented to the Board for final approval in accordance with these regulations and which if approved shall be filed with the proper county recording officer.

GOVERNING BODY - The duly constituted Borough Council of Bloomingdale.

INTERESTED PARTY :

(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

(2) 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 municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this ordinance or whose right to use, acquire or whose right to use, acquire or enjoy property under this ordinance or under any other law of the State of New Jersey or of the United States has been denied, violated or infringed upon by an action or a failure to act under this ordinance.

LAND - Includes improvements and fixtures on, above or below the surface.

LOT - A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this ordinance.

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law.

MAYOR - The person so elected by the voters of Bloomingdale.

MINOR SITE PLAN - A development plan of one (1) or more lots which proposes development not to exceed one thousand five hundred (1,500) square feet of new construction and/or renovation; where parking which does not exceed five (5) off-street stalls; and which does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.R.S. 40:55D-42. The "minor site plan" shall be clearly and legibly drawn by a licensed engineer and shall be at a scale of not less than one (1) inch equals thirty (30) feet and shall contain the information as set forth in § 69-7 of the ordinances of the Borough of Bloomingdale. (Added 3-1380 by Ord. No. 3-80]

MINOR SUBDIVISION - A subdivision of land for the creation of no more than three (3) lots, provided that such subdivision 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.R.S. 40:55D-12. (Amended 3-13-80 by Ord. No. 3-80]

MUNICIPAL AGENCY - Shall include the Bloomingdale Mayor and Council, Bloomingdale Planning Board and the Bloomingdale Zoning Board of Adjustment. [Added 3-13-80 by Ord. No. 3-80]

MUNICIPALITY - The Borough of Bloomingdale.

NONCONFORMING LOT - A lot the area, dimension or location of 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.

NONCONFORMING STRUCTURE - A structure the size, dimension or location of 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 reason of such adoption, revision or amendment.

NONCONFORMING USE - 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.

OFFICIAL MAP - A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.

OFFSITE - Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ONSITE - Located on the lot in question.

ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion or a street or right-of-way.

OPEN SPACE - Any parcel of land or area of water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OWNER - Any individual, firm, association, syndicate, trust, estate, partnership, corporation or legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance.

PARTY IMMEDIATELY CONCERNED - 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 under Section 7.1 of the Municipal Land Use Law.

PERFORMANCE GUARANTY - Any security which may be accepted by the municipality, including cash, provided that the municipality shall not require more than ten percent (10%) of the total performance guaranty in cash.

PERSON - Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust, estate or other legal entity.

PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial, public or quasi-public uses, all primarily for the benefit of the residential development.

PLANNING BOARD - The Municipal Planning Board established pursuant to Section 14 of the Municipal Land Use Law, P.L. 1975, c. 291.3

PLAT - A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Ordinance No. 2-77, Article I, Sections 9b, 10a(1) through (3) and 12a(l) through (4), prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PUBLIC AREAS :

(1) Public parks, playgrounds, trails, paths and other recreational areas.

(2) Other public open spaces.

(3) Scenic and historic sites.

(4) Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGE RIGHT-OF-WAY - Land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE - Open space area conveyed or otherwise dedicated to the municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

QUORUM - The majority of the full authorized membership of a municipal agency.

RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.

RESUBDIVISION - The further division or relocation of a 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 so as to combine existing lots by deed or other instrument.

SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SITE PLAN - A development plan of one (1) or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs and screening devices and lighting.

(3) Any other information that may be reasonably required in order to make an informed determination pursuant to this ordinance requiring review and approval of site plans by the Planning Board or Board of Adjustment.

STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this ordinance; 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.

STRUCTURE - 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.

SUBDIVIDER - An individual, firm, association, syndicate, partnership, corporation, trust, estate or other legal entity commencing proceedings under this ordinance to effect a subdivision of land.

SUBDIVISION [Amended 3-13-80 by Ord. No. 3-80]:

(1) The division of a lot, tract or parcel of land into two (2) 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 ordinance if no new streets are created:

(a) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size.

(b) Divisions of property by testamentary or intestate provisions.

(c) Divisions of property upon court order, including but not limited to judgments of foreclosure.

(d) Consolidation of existing lots by deed or other recorded instrument.

(e) The conveyance of one (1) 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 the Bloomingdale development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Borough of Bloomingdale.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE - A committee of the Planning Board, appointed by the Chairman with the approval of the Board, serving for one (1) year, for the purpose of classifying subdivisions in accordance with the provisions of this ordinance. The number of members of such Committee shall be determined by the Board in its bylaws.

TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof. [Added 3-13-80 by Ord. No. 3-80]

B. Whenever a term is issued in this ordinance which is defined in P.L. 1975, c. 291, such term is intended to have the meaning set forth in the definition of such term found in said statute unless a contrary intention is clearly expressed from the context of this ordinance.