Bergenfield, NJ Zoning Ordinance

§ 186-1 Title.

This chapter shall be known and may be cited as the "Land Development Ordinance of the Borough of Bergenfield, New Jersey."

§ 186-2 Purpose.

The purpose of this chapter is to encourage the most appropriate use of land throughout the Borough of Bergenfield and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses. This serves to implement a Comprehensive Plan designed to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to lessen traffic congestion in the streets. This chapter, therefore, regulates the height, design, appearance, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts, and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes.

§ 186-3 Definitions.

[Amended 7-17-1979 by Ord. No. 1134; 12-17-1987 by Ord. No. 2038; 3-6-1990 by Ord. No. 2074; 5-21-1996 by Ord. No. 2195; 12-29-2005 by Ord. No. 05-2365; 9-5-2006 by Ord. No. 06-2376; 10-2-2018 by Ord. No. 18-2532; 10-3-2019 by Ord. No. 19-2556; 5-5-2020 by Ord. No. 20-2559; 12-20-2022 by Ord. No. 22-2608; 3-21-2023 by Ord. No. 23-2611; 10-17-2023 by Ord. No. 23-2620; 5-21-2024 by Ord. No. 24-2625; 11-6-2025 by Ord. No. 25-2653]

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE OR BUILDING

A subordinate use or building, the purpose of which is customarily incidental to that of the main use or building, and on the same lot.

ADJOINING LANDS

Lands which are contiguous, and not separated by any road, street, avenue or public place.

ADVERTISING SIGN

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidentally on the premises if at all.

ALLEY

A public or privately owned road or way other than a street.

ALTERATIONS

As applied to a building or a structure, a change or rearrangement in the structure parts or in the existing facilities, or an enlargement whether by extension of a side or by increase in height, or by moves from one location or position to another.

APARTMENT HOUSE

A building arranged, intended, or designed to be occupied by three or more families living independently of each other.

APPLICANT

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 any option or contract to purchase or other person having an enforceable proprietary interest in such land.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 186-40K of this chapter.

AUCTION MARKET

Premises on which, at periodic times, merchandise or any other personal property is offered for sale to the highest bidder.

BASEMENT

That part of a building partly underground and having more than 1/2 of its height above the average level of the finished grade at the midpoint of the building. A basement shall be counted as a story.

BILLBOARD

See "sign."

BOARDINGHOUSE

Any dwelling other than a motel or hotel, in which more than two persons are housed or lodged for a fee, with or without separate cooking facilities on a periodic basis.

BROOK

An existing stream or watercourse, or any proposed easement or right-of-way for the relocation thereof, so laid out as to provide for, or to permit provision for, the existing or expected flow of water.

BUFFER STRIP

A parcel of land unoccupied by buildings or structures, other than a fence, and used to screen and separate abutting zones, with plantings.

BUILDING

Any structure having a roof supported by columns, piers, or walls, which is intended for shelter, housing, or enclosure of persons, animals, or chattels.

BUILDING AREA

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

BUILDING, DETACHED

A building surrounded by open space on the same lot as a principal building.

BUILDING HEIGHT

"Building height" shall mean the vertical distance in the case of flat roofs to the level of the highest point of the roof, and in the case of pitched roofs, to the mean level between the eaves and the peak of the roof, measured from average finished grade. Parapets may extend up to five feet above the permitted maximum height. Elevator and stairwell overruns and rooftop mechanical equipment may extend up to 18 feet above the permitted maximum height.

BUILDING LINE

A line formed by the intersection of a horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, including roof overhangs of three feet or less, the vertical plane will coincide with the most projected surface. If the roof overhang exceeds three feet, then the vertical plane will coincide with 1/2 the distance by which said projection exceeds three feet. All yard requirements are measured to the building line.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BUSINESS, MOTOR VEHICLE SALES AND SERVICES

A business establishment which offers for sale, or deals in the sale and/or service of, motor vehicles.

BUSINESS, PROFESSIONAL AND BUSINESS OFFICE

A business establishment offering a service to the public or dealing in products or merchandise which are not fabricated or assembled in, or offered for sale directly to the public from said premises, except drugs from an ethical pharmacy or eye glasses dispensed by a licensed practitioner.

BUSINESS, RETAIL, WHOLESALE OR SERVICE

A business establishment which offers goods for sale or deals in goods, wares, merchandise or other commodities, including services.

BUSINESS SIGN

A sign which directs attention to a business or profession conducted on the premises.

CELLAR

That part of a building partly underground and having more than 1/2 of its clear height below the average level of the finished grade, at the midpoint of the building.

CERTIFICATE OF OCCUPANCY

A certificate issued by the Construction Official upon completion of construction, alteration or change in occupancy or tenancy of a building. Said certificate shall include acknowledgment of compliance with all requirements of this chapter, any variances thereto granted by the approving board, and all other applicable requirements.

CHURCH

A building or group of buildings including customary accessory buildings designated or intended for public worship and/or religious schools. For the purpose of this chapter, the word "church" shall include chapels, cathedrals, temples, and similar designations as well as parish house, convents and such accessory uses.

CLUBHOUSE

A building used to house a social, fraternal or service organization or club without dwelling unit, other than for club staff members not organized or conducted for profit; and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe, or other place of business.

COIN-OPERATED DRY-CLEANING UNIT ESTABLISHMENT

An establishment utilizing a coin-operated dry-cleaning machine or apparatus which cleans textiles, fabrics, garments, or other articles by the use of any solvent other than water, to be used by the general public. The term "used by the general public" shall be deemed to refer to the insertion of such textiles, fabrics, garments or other articles into a dry-cleaning unit or the removal of the same from such unit by a person or persons other than an owner or employee of the dry-cleaning establishment.

COMMERCIAL VEHICLE

Includes every type of motor-powered street vehicle constructed to be used for commercial purposes or licensed therefor.

CONDITIONAL USE

A use which, by virtue of its own peculiar characteristics, may be permitted in particular zones only after review, public hearings and approval by the Board of Adjustment or the Planning Board.

CONSTRUCTION OFFICIAL

A qualified person appointed by the municipal appointing authority pursuant to the act and the regulations to enforce and administer the regulations within the jurisdiction of the enforcing agency.

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot.

DEVELOPMENT REGULATION

Article VI, Zoning Regulations and Establishment of Zones, and Article IX, Subdivision and Site Plan Review and Approval, of this chapter or other municipal regulations of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.).

DWELLING, GARDEN APARTMENT

A dwelling or group of dwellings on one plot, not more than 2 1/2 stories, or more than 35 feet high, designed and used solely for dwelling purposes by families occupying separate apartments or suites of rooms, and not more than two families using a common entrance or hallway.

DWELLING, MULTIFAMILY

A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT

One or more rooms with living facilities for one family, including cooking facilities.

DWELLING UNIT, APARTMENT

One of several individual units designed and erected as an integrated development in one or several buildings, with singleness of use and operation, and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space or recreation areas, and utility and sanitary systems.

DWELLING UNIT, CONVERSION

A one-family dwelling unit which, as a result of structural alterations, may be capable of accommodation of not more than two dwelling units.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead transmission, distribution or collection systems and appurtenances reasonably necessary for municipal or other governmental agencies, or for the public health, safety or general welfare.

FAMILY

One or more persons, occupying a dwelling unit, and living as a single, nonprofit housekeeping unit.

FENCE

Any type of freestanding wall or structural enclosure (other than a wall of a building) whether of wood, metal, wire, concrete or other material.

FITNESS CENTER

An establishment, either for profit or nonprofit, that offers facilities that include a combination of the following features or activities: aerobic exercises, stretching, running and jogging, exercise equipment, game courts, stationary bicycles and spin machines, swimming facilities, saunas, showers, massage rooms and lockers. Participants may exercise individually, one-on-one with a trainer, or as part of a class. Day-care services and refreshment counters may also be offered.

FLOOR AREA, HABITABLE

The sum of the floor areas of a building which are enclosed and usable for human occupancy or use. Said areas shall be measured between the inside face of the exterior walls. Said areas shall not include areas below the average level of the adjoining ground garage space or accessory building space.

FLOOR AREA RATIO

The ratio of the total floor area of buildings to the total lot area.

FLOOR AREA, TOTAL

The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or use. Said areas shall be that measured within the building lines at the level of each floor. Said areas shall include areas below the average level of the adjoining ground, garage space or accessory building space.

GARAGE, PRIVATE

A garage not conducted as a business or used for the storage of more than two commercial vehicles.

GARAGE, PUBLIC

A garage conducted as a business or used for the storage of commercial vehicles. The rental of storage space for more than two vehicles not owned on the premises shall be deemed a business use and storage space as set forth herein shall not be used for repair or service of motor vehicle.

GOLF COURSE

An area of 50 or more acres containing full size golf links, at least nine holes totaling a minimum of 2,700 yards from tee to green, together with such necessary and usual accessory uses as a clubhouse, caretakers' dwellings, dining and refreshment facilities and other uses, provided that the operation of such facilities is incidental and subordinate to the operation of the golf course.

HEIGHT

The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the ridge for gable, hip, and gambrel roofs measured from the average original grade at the four corners of the dwelling.

HOME OCCUPATION

An accessory use of a service character, customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or any exterior evidence of such secondary use, other than a permitted identification sign, and, in connection therewith, there is not involved the keeping of a stock in trade. Such occupations as a dressmaker, tailor, milliner, typist, instructor on an individual instrument, which offer direct personal instruction or services on an individual basis, shall be deemed to be a home occupation. For the purpose of this chapter, this shall mean the accommodation of no more than one individual for instruction at any one time on the premises.

HOME PROFESSIONAL OFFICE

The office of a resident who is a physician, dentist, lawyer, architect, professional engineer, accountant, podiatrist, optometrist, or chiropractor, provided that not more than a total of two are employed, and that such office shall be part of the dwelling in which said professional resides, and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of goods kept or displayed on the premises. A professional office shall not include a biological or other medical testing laboratory except those that are incidental to and used in conjunction with a resident as defined in this definition.

HOSPITAL, GENERAL MEDICAL AND SURGICAL

A place for the diagnosis, treatment or other care of human ailments other than for mental patients, contagious and infectious diseases, or alcoholics or drug addicts.

HOTEL

A building containing rooms which are used, rented, or hired out, to be occupied for sleeping purposes by guests, and where only a general kitchen and dining area are provided within the building or in an accessory building.

IMPERVIOUS LOT COVERAGE

The percentage of the lot area which is devoted to impervious surface, which is any material that prevents the absorption of stormwater into the ground.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Examples of impervious surfaces include, but are not limited to, brick pavers, crushed stone, gravel, paver blocks, porous paving, decks, patios, concrete, asphalt, driveways, basketball courts, swimming pools, buildings, elevated structures and other similar surfaces and/or improvements.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units, as defined in the Fair Housing Act, as amended, and market-rate units.

INFILTRATION

The process by which water seeps into the soil from precipitation.

JUNKYARD, AUTOMOBILE WRECKING OR DISASSEMBLY YARD

Any area and/or structure used or intended to be used for selling, recycling, buying, storing, or trading of used or discarded metal, glass, paper, cordage, or where disassembly of more than one used, wrecked or otherwise disabled vehicle, boat, or other parts occurs for a period of one month or more shall be deemed to be a junkyard, automobile wrecking or disassembly yard. This does not include municipally operated recycling depots.

LOADING SPACE

Any off-street space available for the loading or unloading of goods and having direct usable access to a street.

LOT

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

LOT AREA

An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street or right-of-way shall not be included in calculating lot area.

LOT, CORNER

A parcel of land at the junction of, and fronting on, two or more intersecting streets.

LOT COVERAGE

That percentage of the lot area which is devoted to building area.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT FRONTAGE

A lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom.

LOT WIDTH

The horizontal distance between the side lot lines measured at the front building line.

MAKE-READY PARKING

Make-ready parking shall mean a parking space that is equipped with the necessary electrical infrastructure to easily accommodate electric vehicle (EV) charging stations in the future.

MANUFACTURING

The production and/or assembly of articles or finished products from previously refined raw materials by giving them new forms or qualities.

MIXED USE DEVELOPMENT

The development of a neighborhood, tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, and recreation, in a compact urban form.

MOBILE HOME

A place of day-to-day habitation, transportable by attached or separate axles, designed for movement on public roads as a means of changing semipermanent locations.

MOTEL

A series of attached or detached rental dwelling units with individual entrances and contiguous parking space operated as a business for the purpose of providing lodging to transient guests. An office and single dwelling unit may be included as secondary uses in conjunction with the operation of a motel.

MOTOR VEHICLE SERVICE ESTABLISHMENT

A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance or cleaning of motor vehicles or other automotive equipment.

MUNICIPAL AGENCY

The Borough Planning Board or Board of Adjustment or Borough Council when acting pursuant to this chapter.

NEIGHBORHOOD RETAIL

A commercial use providing convenience goods and services for residents of the surrounding area.

NONCONFORMING BUILDING

A building which, in its design or location upon a lot, does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot of record which does not have the minimum width or contain the minimum area for the zone in which it is located.

NONCONFORMING USE

Use of a building or of land that does not conform to the regulations of the zone in which it is located.

NURSERY SCHOOL

A school designed to provide daytime care or instruction for four or more children from three to five years inclusive, and operated on a regular basis.

OCCUPANCY

The specific purpose for which land or a building is used, designed or maintained.

OPEN SPACE

The unoccupied space open to the sky on the same lot with a building or buildings.

OPEN SPACE RATIO

The ratio of the total open space of a lot to the total floor area of building(s) on the same lot.

PARKING SPACE

An off-street space available for the parking of a motor vehicle, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PARKING STRUCTURE/STRUCTURED PARKING

A building or structure consisting of more than one level and used to park motor vehicles.

PEDESTRIAN SCALE

The relationship of a particular building, in terms of mass and scale to a pedestrian.

PLANNING BOARD

The Planning Board of the Borough of Bergenfield.

POP-OUT/PORTRUSION

A portion of the primary building facade that projects into the building setback.

POP-OUT/PORTRUSION

A portion of the primary building facade that projects into the building setback.

PRIMARY USE OF BUILDING

The main or principal use to which a building or lot is used.

REDEVELOPER

Any person, firm, corporation or public entity that shall voluntarily seek and is designated as a redeveloper by the Mayor and Council and shall enter into a Redevelopment Agreement in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.

RESIDENCE

A building or portion thereof used as a dwelling place for one or more persons. The term "residence" shall include a one-family dwelling, two-family dwelling, multifamily dwelling, rooming and boarding house, garden-type apartment house or apartment house.

RESTAURANT

Any establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreation facilities, and for the sole use of patrons of the facility, shall not be deemed to be a restaurant. A restaurant shall also include pickup or delivery service wherein food is prepared.

RESTAURANT, DRIVE-IN

An establishment where patrons are served soft drinks, ice cream, or other food products for consumption outside the confines of the principal buildings or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESTAURANT, DRIVE-THROUGH

An establishment where patrons may order and/or be served food or beverages without leaving their vehicles, regardless of whether or not, in addition thereto, seats or other accommodations are provided for patrons.

RESTAURANT, OUTDOOR

Any establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building; may also provide outdoor seating for the service of food and/or beverages.

The location of the said outdoor seating and/or tables may not be established on a Borough or private sidewalk or interfere in any way with any public or private easement, except with the written permission of the Borough of Bergenfield or the private entity having rights to said easement.

Prior to commencing the outdoor seating, the restaurant shall file with the Building Department a drawing, which may be a survey, with those areas which are to be used for outdoor seating clearly designated, and the ownership of such property shall be clearly described. Such drawing shall be accompanied by a fee of $100, and all renewals shall be accompanied by drawings and a $100 fee in subsequent years. Prior to the service of food or beverage, said drawing must be submitted to and approved by the Building Department, and the fee must be paid. Failure to do so will be considered a violation of the Land Use Law and subject the parties to the sanctions authorized thereunder.

The area designated for such outdoor service shall be cordoned off from nonservice areas. The outdoor area shall not interfere nor encumber ingress and egress through existing entranceways or exits of said enclosed area.

All outdoor seating shall have some type of overhead covering, whether awnings, umbrellas, or any other appropriate covering to protect the table from dust and other contaminants. Any coverings, whether awnings, umbrellas, or any other appropriate covering, shall not contain any advertising, whether written or symbolic.

Rules and regulations.

There shall be four feet of clearance between all tables and aisles for pedestrian traffic and four feet between seating furniture.

All outdoor seating areas shall be supervised by a hostess or waiter during the hours of operation.

Music, whether live or recorded, may be played in such outdoor seating area; however, the volume of such shall be in compliance with state and federal regulations, and shall not disturb adjoining landowners and/or create a nuisance.

There shall be no outdoor cooking allowed.

A portable service counter is permissible, provided that same does not encumber pedestrian traffic or create a fire or health hazard.

Freestanding signs in the outdoor dining area are prohibited; however, a one-foot by two-foot menu board may be located within the cordoned area.

All floor areas must be level and stable.

When the outdoor dining area abuts a residential zone, a six-foot solid fence must be installed and a six- to eight-foot buffer shall be installed and evergreen shrubs shall be placed at intervals of four feet along said buffer.

The number of tables shall not exceed the number of tables in the enclosed area of the restaurant, and the square footage of such outdoor tables shall not exceed the square footage of the indoor tables, provided that if the restaurant is in compliance or has a variance of § 186-49 (parking regulations) of this chapter, then § 186-49 shall not apply to the outdoor seating. If the establishment is opened after the effective date of this chapter, § 186-49 will not apply to outdoor seating, as long as such seating does not exceed the indoor seating, as described herein.

All Sanitary Code, alcoholic beverage requirements, and all other laws and regulations shall apply to the outdoor seating unless specifically excluded.

Outdoor seating shall only be permitted between April 15 and October 15 of any year.

Those locations which are permitted to serve alcoholic beverages shall restrict the service and consumption of said alcoholic beverages to the indoor and cordoned-off areas only.

All outdoor areas shall be kept litter- and refuse-free and maintained on a daily basis. The owner and/or operator of said outdoor seating area shall be strictly liable for any trash or refuse which is found in such area. If the food and/or beverage is served in disposable containers, it is the owner's and/or operator's responsibility that the containers are placed in proper receptacles for disposal and/or recycling. All outdoor furniture used in accordance with this chapter shall be secured and/or covered at all time except during operation of the outdoor seating area.

RETAINING WALL

A permanent artificial device constructed to change or preserve the finished grade of a given parcel of land, no portion of which is above finished grade on more than one side of the retaining wall.

ROOM

As applied to apartment projects as may be permitted by this chapter, the term "room" shall include living room, dining room, kitchen, or bedroom. Kitchenettes which do not include space for eating and dining areas in which one full wall is open into a living room area shall be counted as 1/2 room. Baths shall not count as rooms.

ROOMING HOUSE

See "boardinghouse."

SATELLITE ANTENNA

Any apparatus, including any supporting or ancillary structures other than a dwelling, which is designed for the purpose of receiving radio-frequency electromagnetic signals through the use of a concave or dish-shaped antenna.

SETBACK LINE

See "yard area, front."

SIGN

Includes every sign, billboard, freestanding sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy, street clock, and shall include any announcement, declaration, demonstration, display illustration, or insignia used to advertise or promote the interests of any person or organization when the same is placed in view of the general public.

STORY

Any habitable area of space between the upper surface of a floor and upper surface of the floor or roof next above. The minimum floor to ceiling shall be seven feet six inches. Areas which are not considered under this chapter as being a story are grade level parking areas beneath structures, parking areas below grade and permanent storage/filing areas above or below grade.

STORY, HALF

A portion of a building between the upper surface of a floor and the roof construction above, where the space thus enclosed has an average clear height of not more than five feet. In a dwelling, any floor used for habitable rooms shall be considered a story or a half story. A cellar is not considered a half story.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and including 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

Arterial streets are those which are used primarily for fast or heavy traffic.

Collector streets are those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance to streets of a residential development and streets for circulation within such a development.

Minor streets are those which are used primarily for access to the abutting properties.

Marginal access streets are streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STREET LINE

That line determining the limit of the existing or contemplated highway rights of the public.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

SWIMMING CLUB

A public or privately owned pool open to the general public on a nonprofit membership or fee basis.

SWIMMING POOL, PRIVATE

A swimming pool operated as an accessory use to a residential dwelling unit or units, and located on an individual residential lot.

SWIMMING POOL, SEMIPRIVATE

A swimming pool operated as an accessory use to an apartment house or private club.

TANDEM PARKING

"Tandem parking" shall mean a parking space that is occupied by two vehicles, one space in front of the other.

TOURIST HOUSE/HOME

See "boardinghouse."

TRAILER COURT

An area occupied by two or more trailer coaches for dwelling or sleeping purposes. This term shall include trailer coach parks and/or courts.

TRAVEL TRAILER

A recreational vehicle not used for day-to-day habitation while within Borough limits which can travel over public roads without a special permit.

USE

The specific purpose or purposes for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.

VARIANCE

A term describing in general, but not limited in scope, to the relief, modification or exception from the strict application of the terms of this chapter, and accorded a petitioner by lawful approval of the appropriate Board.

VOCATIONAL SCHOOL

Institution providing instruction in occupational skills to a study body of more than three students at one time.

YARD AREA, FRONT

An open space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback lines shall be synonymous with the rear limit of the required front yard area.

YARD, REAR

An area extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building on the same lot. The depth of the rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of the side lot lines.

YARD, SIDE

An area between the side line of the lot and nearest line of the building and extending from the front yard to the rear yard, or in the absence of either front or rear yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD

The Bergenfield Board of Adjustment.

ZONING OFFICER

The Building Inspector of the Borough of Bergenfield.

§ 186-4 Administrative procedures.

The Planning Board and Board of Adjustment shall adopt, and may amend reasonable rules and regulations, not inconsistent with state law or any applicable Borough ordinance, for the administration of its functions, powers and duties. Copies of all such rules and regulations and any amendments thereto shall be filed in the office of the Borough Clerk and shall be made available to any person upon request and payment of the fee for such copy.

Both Boards shall, by their rules, fix the time and place for holding their regular meetings. Regular meetings of both Boards shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development or appeals to process. Special meetings of both Boards may be held at the call of the Chairpersons, or at the request of any two members. Such meetings shall be held on notice to the members of the Boards and the public in accord with state law. All regular meetings and special meetings shall be open to the public, and minutes of such meetings shall be kept and thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. All actions shall be taken by a majority vote of a quorum except as otherwise required herein. Nothing herein shall be construed to contravene any state provisions for procedures for governing bodies.

The Planning Board shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan. The Board of Adjustment shall hold a hearing on each application and appeal to come before it pursuant to § 186-29 of this chapter. Both boards shall make rules governing such hearings. Any maps and documents for which approval is sought at such hearings shall be on file and available for public inspection during normal business hours at the office of the administrative officer at least 10 days before the date of the hearing.

[Amended 7-17-1979 by Ord. No. 1134]

§ 186-5 Hearings. [1]

The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigation Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-4 et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to tine and number of witnesses.

Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.

Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.

A copy of the decision shall be mailed by the secretary of the municipal agency within 10 days of the date of decision to the applicant, or if represented then to this attorney, without separate charge, and to all who request a copy of the decision for a fee as specified by § 186-13 of this chapter. A copy of the decision shall also be filed by the Borough Council in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee as specified in § 186-13 of this chapter and available for public inspection at his or her office during Borough business hours.

A brief notice of the decision shall be published in the official newspaper of the Borough or a newspaper of general circulation in the Borough. Such publication shall be arranged by the Borough Clerk, provided that the applicant may in any case provide for publication of the decision. The applicant shall submit proof acceptable to the Borough Clerk within 10 days of the decision that he has provided for the required publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Borough or the applicant.

[Amended 7-17-1979 by Ord. No. 1134]

[1]

Editor's Note: See also Article XII, Written Testimony for Development Applications.

§ 186-6 Minutes.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the appropriate administrative officer of the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a fee for reproduction of the minutes for his use.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231 (N.J.S.A. 10:4-6 et seq.), and agency regulations.

§ 186-7 Notice requirements for hearings.

Notices pursuant to § 186-8 of this chapter shall state the date, time and place of the hearing, and the nature of the matters to be considered, and in the case of notices pursuant to § 186-8 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to § 186-4C of this chapter.

§ 186-8 Notice of applications and other notices.

Notice pursuant to Subsections A, B, D, E, F, and G of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.

Public notice of a hearing on an application for development shall be given except for conventional site plan review pursuant to § 186-82A of this chapter, minor subdivisions pursuant to § 186-85 of this chapter or final approval pursuant to § 186-87 of this chapter, provided that public notice shall be given in the event that relief is requested pursuant to § 186-19 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspapers of the Borough.

Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall he entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearings or proceeding. A fee of $10 shall be charged for such list.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 300 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S. 40:55D:10.

The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development, in the event that the applicant is required to give notice pursuant to this section.

Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing.

Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

Notice of hearing on ordinance (or capital improvement program); notice of action on capital improvement.

(1)

Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(2)

Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings, and the adoption, revision or amendment of the Borough capital improvement program not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Borough capital program or any proposed revision or amendment thereto, as the case may be.

(3)

Notice of hearings to be held pursuant to this section shall state the date, time, and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

Notice concerning Master Plan. The Planning Board shall give:

(1)

Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Borough, or in a newspaper of general circulation in the Borough at least 10 days prior to the date of the hearing;

(2)

Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoptions, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of hearing;

(3)

Notice by personal service or certified mail to the County Planning Board of all hearings on adoption, revision or amendment of the Borough Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any proposed Master Plan, or any revision or amendment thereto; and the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the Master Plan or revision or amendment thereto.

§ 186-9 Filing of development regulations.

The Borough Clerk shall file, with the County Planning Board as soon after passage as possible, all development regulations, including this chapter and any amendments or revisions thereto, and file and maintain for public inspection copies of said regulations in the office of the Clerk.

§ 186-10 (Reserved) [1]

[1]

Editor's Note: Former § 186-10, Appeals to governing body, as amended 4-21-1981 by Ord. No. 1159, was repealed 12-29-2005 by Ord. No. 05-2365, with the provision that all appeals from the Zoning Board or Planning Board shall be directed to any court of competent jurisdiction according to law. Ordinance No. 18-2532, adopted 10-2-2018, also provided that development approval time lines and submission procedure are to be consistent with the MLUL.

§ 186-11 Enforcement.

The Borough Council shall enforce this chapter through its Zoning Officer or its other authorized delegate. He shall have such powers as conferred upon him by this chapter, and those powers which may be reasonably implied.

Duties of the Zoning Officer. It shall be the duty of the Zoning Officer, or his duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine their compliance with the provisions of this chapter.

Where the Zoning Officer, in the course of his duties, determines that any plans, building or premises do not comply with the provisions of this chapter, he shall order the responsible party to remedy such conditions. Said order shall specify the nature of the violation found to exist, the remedy ordered, and the time permitted for such action, the penalties and remedies which may be invoked by the Borough, and the violator's rights of appeal; all as provided for by this chapter and the laws of the State of New Jersey.

A report of the order shall be transmitted to the Construction Official who shall thereupon cause any applicable certificate of occupancy for the building or premises to be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the Borough Council and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

§ 186-12 Conditional approvals.

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.

§ 186-13 Fees for copies, transcripts and experts.

[Amended 2-24-1998 by Ord. No. 2225; 12-20-2022 by Ord. No. 22-2608; 3-21-2023 by Ord. No. 23-2611; 10-7-2025 by Ord. No. 25-2652]

The following fees are hereby established for copies of all documents required to be made available to the public pursuant to this chapter:

Bylaws, rules and regulations of the Planning Board and Board of Adjustment: $0.25 per page.

Transcripts of proceedings before either Board or the Borough Council: $3 per typed page.

Duplicate recordings of proceedings before either Board or the Borough Council: $10 per tape, or any part thereof.

Minutes of public meetings: $0.25 per page.

List of property owners required to be served a notice of an application of development: $10.

Decisions of the Borough Council or either Board: $0.25 per page.

In addition to the fees stated herein, upon the filing of an application, the administrative officer shall consult the professional experts advising the Board (i.e. the Planning Engineer and/or Attorney) to determine their estimated costs of review of the development application. As a condition precedent to review of a development application, the applicant shall deposit such estimated sums in escrow with the Borough Treasurer. The experts retained by the Board shall submit certified accounts of their services, and the applicant shall have the right to review the same. The balances remaining in such escrow account shall be returned to the applicant after the fees for all experts, reviews or work have been paid.

Additional fees.

(1)

Multiple dwelling inspection certificate (R-2) per dwelling unit: $35.

(2)

Inspection certificate (smoke detector/carbon monoxide detector certificate of approval).

(a)

Single-family home. Building Department: $50; Fire Prevention Office: $45 ($95 total); reinspection fee: $25.

(b)

Condominium: $50; reinspection fee: $25.

(c)

Two-family home. Building Department: $75; Fire Prevention Office: $45 ($120 total); reinspection fee: $25.

(d)

Apartments (garden three or more). Building Department: $35.

(e)

(Reserved)

(f)

Commercial. Building Department: $50; Fire Prevention Office: change of business, tenant, owner as noted in Borough Code § 157-8.

(3)