Principal permitted uses.

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

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

Minimum lot size. (See Article IV)

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

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

Required off-street parking and loading spaces. (See § 92-21D and § 92-22A through § 92-22D(5))

Principal permitted uses shall be all uses permitted in the R-130 Zone.

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

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

Minimum lot size. (See Article IV)

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

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

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

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

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

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

Minimum lot size. (See Article IV)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Minimum lot size. (See Article IV)

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

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

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

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

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

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

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

Development regulations for townhouses.

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

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

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

Development regulations for garden apartments.

Principal permitted uses shall be garden-type apartments consisting of four or more dwelling units in each structure with related parking and recreation facilities and open spaces or, as an alternative, single-family detached dwellings under the standards and controls of the R-10 Zone.

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

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

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

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

Minimum habitable dwelling space.

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

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

Permitted uses.

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

Permitted principal uses.

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

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

Minimum lot size. (See Article IV.)

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

Maximum improved lot coverage: exempt.

Maximum building coverage: exempt.

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

Parking.

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

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

Dwelling unit development regulations.

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

Principal permitted uses.

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

Conditional uses. (See § 92-24.)

Development standards.

Permitted principal uses.

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

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

Minimum lot size. (See Article IV.)

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

Maximum improved lot coverage: exempt.

Maximum building coverage: exempt.

Maximum principal structures.

Maximum building height for principal structures. Building height shall be measured from the top of the curb within the lot frontage. (See Article IV.)

Parking.

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

Dwelling unit development regulations.

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

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

River side properties development: All developers are encouraged to include a passive accessible waterway feature, where feasible, to integrate this natural resource.

Building standards and guidelines.

Principal permitted uses.

Accessory permitted uses. (See § 92-17)

Conditional uses.

Minimum lot size. (See Article IV)

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

Maximum building height for principal structures.

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

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

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

Performance standards. (See Article VI)

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

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

Uses.

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

Hours of operation for commercial quarrying and excavation.

Hours and days of operation for concrete batch plants.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The following definitions shall apply to the Affordable Housing Zone:

Permitted Principal Uses (land and buildings):

Accessory Uses (land and buildings):

Tract Standards:

Multifamily Building Standards:

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

Permanent Signs:

Temporary Signs:

Lighting:

Sidewalks:

Landscaping:

Phasing:

Retaining Walls:

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

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

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

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

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

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

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

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

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

Setbacks and Restrictions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The following definitions shall apply to the Inclusionary Multifamily Zone:

Permitted principal uses (land and buildings).

Permitted accessory uses (land and buildings).

Tract standards.

Multifamily building standards.

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

Permanent signs.

Temporary signs.

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

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

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

Maintenance of open space and common areas.

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

Retaining walls.

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

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