§ 123-10. Denial of permit; appeals.

A. The Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

B. Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Township Clerk. An appeal from the decision of the Township Clerk shall be filed within ten (10) days of the Township Clerk's decision. The Mayor and Council shall set the matter down for a hearing within thirty (30) days of the day on which the notice of appeal was filed. The decision of the Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Township Clerk or granting relief shall be approved by the Mayor and Council at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted in the time required, the decision of the Township Clerk shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief shall be deemed denied.

§ 123-11. Waiver of requirements.

The Mayor and Council may authorize a waiver of any of the requirements or limitations of this chapter and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone on more than four (4) days during any one (1) calendar year or may waive any other limitation or requirement of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety or welfare.

§ 123-12. Notification to Fire Inspections Bureau.

The applicant shall notify the Fire Inspections Bureau twenty-four (24) hours before filming takes place and permit the Fire Inspectors to inspect the site and the equipment to be used. The applicant shall comply with all firesafety instructions issued by the Fire Inspector.

§ 123-13. Provision of off-duty police officers.

The applicant will be required to hire one (1) or more off-duty police officers when deemed necessary by the Police Chief.

§ 123-14. Permit fees.

Permit fees shall be as follows:

A. Filming permit: seventy-five dollars ($75.).

B. Daily filming fee: five hundred dollars ($500.) per day.

C. Filming permit for nonprofit applicants filming for educational purposes (including public land): twenty-five dollars ($25.). (No daily rate required.)

§ 123-15. Violations and penalties.

Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed five hundred dollars ($500.) or imprisonment for a term not to exceed ninety (90) days, or both.

§ 123-16. Exceptions.

The provisions of this chapter shall not apply to the filming of news stories within the Township of Bloomfield.

Chapter 125, FIRE PREVENTION AND PROTECTION EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 11 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. II, 2-22-1983; Art. III, 8-5-1985. Sections 125-6 and 125-25 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 22.

Building construction -- See Ch. 87.

Dry-cleaning and dry-dyeing establishments -- See Ch. 111.

Fireworks -- See Ch. 127.

Fire insurance claims -- See Ch. 163, Art. I.

ARTICLE I, General Provisions [Adopted 11-19-1962 as Ch. 11 of the 1962 Code]

§ 125-1.EN Definitions.

As used in the Fire Prevention Code adopted in Article II of this chapter, the following terms shall have the meanings indicated:

CORPORATION COUNSEL -- The Director of Law - Township Attorney.

MUNICIPALITY -- The Township of Bloomfield.

§ 125-2. Fire Prevention Bureau.

A. The Fire Prevention Code adopted by § 125-8 shall be enforced by the Bureau of Fire Prevention in the Fire Department of the township, which is hereby established and which shall be operated under the supervision of the Fire Chief.

B. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Township Fire Chief.

C. The Fire Chief may detail such members of the Fire Department as inspectors as from time to time shall be necessary. The Fire Chief shall recommend to the Township Council the employment of technical inspectors.

D. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Township Administrator. It shall contain all proceedings under the Fire Prevention Code, with such statistics as the Fire Chief may wish to include therein. The Fire Chief shall also recommend any amendments to the Fire Prevention Code which, in his judgment, shall be desirable.

§ 125-3. Permits for oil-burning equipment.

A. No oil-burning equipment shall be installed until an application has been filed with and a permit secured from the Building Inspector.

B. The application shall set forth in detail the specifications of the proposed installation based on the applicable provisions of the Fire Prevention Code adopted by § 125-8. The application shall be accompanied by plans drawn to an indicated scale. These plans shall show in detail the location and method of oil storage and all other features necessary for a complete description of the oil-burning system including proposed methods for protecting combustible material adjacent to the oil burner.

C. No burner installation shall be placed in operation until after inspection and approval, and a certificate is issued by the Building Inspector.

§ 125-4. Location of fuel-oil storage tanks.

A. When located above ground inside of buildings or above ground outside, the aggregate capacity of fuel-oil tanks used in connection with an oil-burning system shall not exceed two hundred seventy-five (275) gallons.

B. Quantities of fuel oil exceeding two hundred seventy-five (75) gallons shall be stored underground.

C. All fuel-oil tanks, other than gravity and pressure tanks, shall be installed with the top of the tank below the level of the oil burner. Where conditions are such that this arrangement is not practicable, adequate provisions to prevent siphoning shall be provided.

§ 125-5. Violation of orders of Fire Chief.

The failure or neglect of any person responsible under this Article or the Fire Prevention Code adopted by § 125-8 to comply with any order of the Fire Chief made pursuant to the provisions of this Article or such Fire Prevention Code shall be deemed to be a violation of this Article.

§ 125-6. Inspections; interference with officials.

A. The Chief of the Fire Department, the Chief of the Bureau of Fire Prevention or any inspector thereof or such officers or members of the Fire Department as may be detailed from time to time by the Chief of the Fire Department shall make inspections, investigations and examinations of any building or premises within the township required or authorized under any law of the state, this Article or the Fire Prevention Code adopted by § 125-8 or under any other ordinance, code, regulation or order of the township.

B. It shall be unlawful for any person to interfere with, obstruct, prevent, hinder, delay, deny or refuse to permit or allow such inspections, investigations and examinations of any building or premises required or authorized as aforesaid.

C. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.EN

ARTICLE II, Basic Fire Control and Fire-Protection Measures [Adopted 2-22-1983]

§ 125-7. Definitions.

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

AUTHORIZED EMERGENCY VEHICLE -- Those vehicles which are defined and authorized as such under the laws of the State of New Jersey.

STREET -- Any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes as well as all public streets and highways within the boundaries of the municipality.

§ 125-8. Adoption of standards.

There are hereby adopted by the Township of Bloomfield the fire control measures and regulations as herein set forth, for the purposes of controlling conditions which could impede or interfere with fire-suppression forces, and the BOCA Basic Fire Prevention Code (1981 -Fifth Edition) by reference hereto.

§ 125-9. Powers and duties of Fire Official.

The Fire Official, or duly authorized representatives as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of his duty. The Fire Official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Official.

§ 125-10. Interference with Fire Department operations.

It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.

§ 125-11. Compliance required.

A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or interfere with the compliance attempts of another individual.

§ 125-12. Vehicles crossing fire hose.

A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Official in command of said operation.

§ 125-13. Approach of authorized emergency vehicles.

Upon the approach of any authorized emergency vehicle giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Official or a police officer.

§ 125-14. Vehicles following fire apparatus.

It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than three hundred (300) feet to any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.

§ 125-15. Boarding or tampering with fire equipment.

A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.

§ 125-16. Damage or injury to equipment or personnel.

It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.

§ 125-17. Operation of emergency vehicles.

A. The driver of any emergency vehicle, as defined in § 125-7 of this Article, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulations, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as but not restricted to move-ups, do not constitute an emergency call. The driver of an emergency vehicle may:

(1) Park or stand irrespective of the provisions of existing traffic regulations.

(2) Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.

(3) Exceed the prima facie speed limit so long as the action does not endanger life or property.

(4) Disregard regulations governing direction of movement or turning in specified directions.

B. The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions at a distance of five hundred (500) feet from the front of such vehicle.

§ 125-18. Blocking hydrants and other connections.

A. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.

B. If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official shall proceed to remove the same. Costs incurred in the performance of necessary work shall be paid from the Municipal Treasury on certificate of the Fire Official and with the approval of the chief administrative official, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.

§ 125-19. Permit required for use of hydrant

A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such person first secures a permit for such use from the Fire Official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.

§ 125-20. Public water supply in relation to placement of hydrants.

The Fire Official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Official.

§ 125-21. Hydrants for certain hazardous uses.

All new and existing shipyards, oil storage plants, lumberyards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards and which are located more than one hundred fifty (150) feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Official shall designate and approve the number and location of the fire hydrants. The Fire Official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.

§ 125-22. Maintenance of fire equipment.

A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fires, training or testing purposes, recharging or making necessary repairs, or when permitted by the Fire Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Official.

§ 125-23. Defective extinguishers.

A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Official or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.

§ 125-24. Street obstructions.

A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the municipality.

§ 125-24.1. Truss-type construction. [Added 3-20-1990]

A. Purpose. The purpose of this section is to identify and mark buildings of truss-type construction in order to safeguard the occupants and emergency personnel in the event of fire or other hazardous conditions.

B. Scope. The provisions of this section shall apply to the owner/occupant of any building or structure of truss-type construction as determined by the Fire Official.

C. As used in this section, the following terms shall have the meanings indicated:

BUILDING/STRUCTURE -- Used or intended for supporting or sheltering any use or occupancy, including but not limited to commercial, residential, governmental, educational and any other place of public assembly.

FIRE OFFICIAL -- The Township of Bloomfield Fire Official or his designated representative, as defined in N.J.A.C. 5:18, Uniform Fire Code.

OWNER/OCCUPANCY -- Any natural person or individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation or any other business entity or any government agency or entity.

TRUSS-TYPE CONSTRUCTION -- A "truss" is a single plane framework or individual structural members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own.

D. General regulations.

(1) This section shall be enforced by the Fire Official as required by the Mayor and Council.

(2) Upon inspection and identification of a building of such truss-type construction, the owner/occupant shall be notified by the Fire Official of the requirements of this section in accordance with the Uniform Fire Code of the State of New Jersey.

(3) [Amended 4-19-1993] Upon written notification, the owner/occupant will be required to make application to permanently affix to structures with truss construction an emblem approved by the Fire Official.

(a) The emblem shall be a bright and reflective color made of reflective material and shall be the shape of an isosceles triangle; the size shall be twelve (12) inches horizontally by six (6) inches vertically. The following letters of size and color to make them conspicuous shall be painted on the emblem:

"F" to signify a floor with truss construction

"R" to signify a roof with truss construction

"F/R" to signify both floor and roof with truss construction

(b) The identification signs shall be properly installed within ten (10) days after written notice. The identification signs will be supplied by the Fire Prevention Bureau. The owner shall be responsible for permanently affixing the signs to the building.

(4) The owner/occupant shall be required to maintain the approved identification logo at the designated locations on the building, and missing or damaged identification logos will be reported to the Fire Official immediately. The replacement cost shall be the responsibility of the owner/occupant. Replacement must be made within ten (10) days of written notice from the Fire Official. Approved identification logos are available from the Fire Official.

E. Fees.

(1) The application for permanently affixing the signs shall be made to the Fire Official, and the fee shall be fifty dollars ($50.) and filed with the application. [Amended 4-19-1993]

(2) Replacement logos will be billed based on current costs per unit.

F. Penalties. Penalties shall be assessed in accordance with the Uniform Fire Code, State of New Jersey, N.J.A.C. 5:18, as follows:

(1) Failure to comply: five hundred dollars ($500.).

(2) Daily penalty for noncompliance: one hundred dollars ($100.) per day in addition to the initial penalty assessment for noncompliance.

G. Additional regulations. All additional regulations as stated by N.J.A.C. 5:18-2.19 shall apply. [Added 4-19-1993]

§ 125-25. Violations and penalties. [Amended 11-2-1987]

Notwithstanding the provisions of F-105.5.1 of the BOCA Basic Fire Prevention Code adopted hereby by reference, any person, firm or corporation violating any of the provisions hereof and of the code or failing to comply with any order issued pursuant to any section thereof shall be guilty of such violation and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.) or by imprisonment for a term not to exceed ninety (90) days, or both. Each day that a violation continues after a service of notice as provided for in the code shall be deemed a separate offense.

ARTICLE III, Local Enforcement of State Uniform Code [Adopted 8-5-1985]

§ 125-26. Local enforcement established.

Pursuant to Section II of the Uniform Fire Safety Act (P.L. 1983, c. 383),EN the New Jersey Uniform Fire Code shall be locally enforced in the municipality of the Township of Bloomfield.

§ 125-27. Designation of enforcing agency.

The local enforcing agency shall be the Bloomfield Fire Department.

§ 125-28. Powers and duties of enforcing agency.

The local enforcing agency shall enforce the Uniform Fire Safety Act and the code and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Bloomfield other than owner-occupied one- and two-family dwellings and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 125-29. Life hazard uses.

The local enforcing agency established by § 125-27 of this Article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 125-29.1. Inspections. [Added 6-7-1993]

A. The local enforcing agency, the Bloomfield Fire Department, Fire Prevention Bureau, established by § 125-26 of this Article shall carry out periodic inspections in all buildings and spaces other than one- and two-family residential dwelling units. These inspections will create a more safe environment for the public. Upon completion of these inspections, a firesafety certificate will be issued to the owner or resident to show compliance. This section will not affect any buildings presently classified as life hazard uses.

B. No certificate will be issued without a firesafety inspection being completed by a licensed fire inspector. This will show that the building is in compliance with the regulations for the State of New Jersey Uniform Fire Code N.J.A.C. 5:18 and 5:18A. An application must first be obtained from the Office of Fire Prevention.

(1) The application will state the name and address of the owner and a list of the tenants occupying the apartments in the dwelling unit. Upon approval of the application by the Township of Bloomfield Fire Official, an inspection shall be made and a certificate issued.

C. The fees for the firesafety inspections shall be as follows:

(1) On all multiple-family R-2 structures (three-family and over): twenty dollars ($20.) per building and five dollars ($5.) per apartment unit over three-family to a maximum of fifty dollars ($50.) per structure.

(2) Twenty-five dollars ($25.) per location on all commercial and business structures under total combined floor areas of six thousand (6,000) square feet.

(3) Forty-five dollars ($45.) per location on all commercial and business structures with total combined floor area of six thousand (6,000) square feet or greater but less than ten thousand (10,000) square feet.

(4) Seventy-five dollars ($75.) per location on all commercial and business structures ten thousand (10,000) square feet and over combined floor area.

§ 125-29.2. Egress door standards. [Added 6-7-1993]

Means of egress doors shall conform to the following:

A. All dwelling unit doors and guest room or rooming unit corridor doors in buildings of R-1, R-2 and I1 (Uniform Fire Code use classification) shall be one-and-three-eighths-inch solid core wood or approved equal, with approved door closers, and shall not have any glass panels other than approved wire glass in metal frames. Corridor doors shall not be constructed of hollow core wood, shall not contain louvers, shall not be of panel construction and shall not be treated with intumescent paint. Doors shall fit both plumb and level in frames and be reasonably tight-fitting. All replacement doors shall be one-and-three-fourths-inch solid core wood or approved equal, unless the frame will accommodate only a one-and-three-eighths-inch door.

§ 125-30. Organization of enforcing agency.

The local enforcing agency established by § 125-27 this Article shall be the Fire Department of the Township of Bloomfield and shall be under the direct supervision and control of the Fire Chief.

§ 125-31. Fire Official.

The local enforcing agency shall be under the direct supervision of a Fire Official who shall be assigned by the Fire Chief.

§ 125-32. Inspectors and other employees.

A. Such inspectors and other employees as may be necessary in the local enforcing agency shall be assigned by the Fire Chief.

B. Inspectors and other employees of the enforcing agency shall be subject to reassignment by the Fire Chief.

§ 125-33. Board of Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,EN any person aggrieved by any order of the local enforcement agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of the Township of Bloomfield.

§ 125-34. Permit fees. [Amended 6-6-1994]

The permit fees established by the Uniform Fire Code shall be amended to be as follows:

A. Type 1: thirty-five dollars ($35.).

B. Type 2: one hundred thirty-eight dollars ($138.).

C. Type 3: two hundred seventy-six dollars ($276.).

D. Type 4: four hundred fourteen dollars ($414.).

E. Type 5: one thousand three hundred eighty dollars ($1,380.).

§ 125-35. Residential smoke alarms. [Added 6-7-1993]

A. A structure used or intended for use for residential purposes shall have a smoke-sensitive alarm device on each level of structure, including basements, and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74 for the installation, maintenance and use of household fire warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted only in one- and two-family dwellings. All other residential structures shall require smoke-sensitive devices installed in accordance with N.J.A.C. 5:18-4.9 et seq. The smoke sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.

B. Change of occupancy.

(1) In any case where a change of occupancy of any building subject to the requirements of Subsection A of this section is subject to the issuance of a certificate of occupancy, a continuing certificate of occupancy or other documentary certification relating to safety, no such certificate shall be issued until the municipal officer or agency responsible for issuance has determined that the building is equipped with an alarm device or devices and tested to ensure that the device or devices are functioning correctly as required by Subsection A of this section.

(2) In the case of a change of occupancy of any building subject to the requirements of Subsection A of this section to which the provisions of Subsection B(1) of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the local enforcing agency, the Bloomfield Fire Department, Bureau of Fire Prevention, a certificate evidencing compliance with requirements of this section.

C. No such certificate shall be issued until a fire inspector from the Fire Department, Bureau of Fire Prevention, responsible for issuance has determined that the building is equipped with an alarm device or devices which are functioning correctly, as required by Subsection A of this section. To obtain a firesafety certificate evidencing compliance with this section, an application must first be obtained from the office of the Fire Prevention Bureau. The application will state the name and address of the person occupying the space and the number of detectors required and the locations of each. A fee of twenty-five dollars ($25.) will accompany each application for smoke detector compliance. Upon approval of the application by the Township Fire Official, an inspection and test shall be made by a licensed fire inspector to assure compliance, and a certificate will be issued.

D. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of and requirements of Subsection A hereof or without complying with the inspection and certification requirements of Subsection C hereof is guilty of a violation of the Act to which this section is a supplement (P.L. 1983, c.383, N.J.S.A. 52:27D-192 et seq.) and shall be subject to any and all applicable penalties in that Act provided for such violation, except that the fine shall be of not more than five hundred dollars ($500.) for a first offense and not more than two thousand dollars ($2,000.) for a subsequent offense, which may be collected and enforced by the township's Fire Prevention Bureau. All such rules and regulations as may be necessary or expedient for the proper and timely effectuation of this section shall be in effect.

§ 125-36. Gamewell Fire System fees. [Added 6-6-1994]

There shall be charged annually a fee of one hundred fifty dollars ($150.) payable on the first of April, and on the first of April thereafter, to any property owner, whether public or private, for the maintenance of a Gamewell Fire System installation located in such public or private building. In the event there is more than one (1) Gamewell Fire System installation in a building, there shall be an additional fee of one hundred fifty dollars ($150.) per installation. This fee will be prorated.

Chapter 127, FIREWORKS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sec. 19-11 of the 1962 Code. Section 127-1 amended and 127-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention and protection -- See Ch. 125.

Park rules and regulations -- See Ch. A361.

§ 127-1. Possession, use and sale restricted.EN

No person shall possess, use or sell fireworks within the township except as provided in Article 28 of the Fire Prevention Code adopted by § 125-8.

§ 127-2. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 130, FLOOD DAMAGE PREVENTION

[HISTORY: Adopted by the Council of the Township of Bloomfield 10-18-1993.EN Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures -- See Ch. 36.

Building construction -- See Ch. 87.

Condominium conversions -- See Ch. 97.

Site plan review -- See Ch. 225.

Subdivision of land -- See Ch. 234.

Zoning -- See Ch. 271.

§ 130-1. Statutory authorization.

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety and general welfare of its citizenry. Therefore, the Mayor and Council of the Township of Bloomfield, New Jersey, does ordain as follows.

§ 130-2. Findings.

A. The flood hazard areas of Bloomfield are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 130-3. Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health.

B. Minimize expenditure of public money for costly flood control projects.

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D. Minimize prolonged business interruptions.

E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

G. Ensure that potential buyers are notified that property is in an area of special flood hazard.

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 130-4. Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.

D. Controlling filling, grading, dredging and other development which may increase flood damage.

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 130-5. Word usage; definitions.

A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

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

APPEAL -- A request for a review of the Building Inspector's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT -- Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL -- A wall that is part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING -- A nonbasement building which is built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water, and which is adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) -- The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) -- The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS -- Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than zero and two-tenths (0.2) foot.

HISTORIC STRUCTURE -- Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME -- A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community, and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE -- A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the longest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION -- For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE -- A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE -- A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

§ 130-6. Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of Bloomfield.

§ 130-7. Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Township of Bloomfield," dated September 4, 1987, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in Room 214, Municipal Plaza, Bloomfield, New Jersey.

§ 130-8. Violations and penalties.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with condition) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.) or imprisoned for not more than ninety (90) days, or both, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Bloomfield from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 130-9. Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 130-10. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 130-11. Warning and disclaimer of liability.

A. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

B. This chapter shall not create liability on the part of Bloomfield, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 130-12. Establishment of development permit.

A. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 130-7. Application for a development permit shall be made on forms furnished by the Building Inspector and may include but not be limited to plans, in duplicate, drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.

B. Specifically, the following information is required:

(1) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.

(2) Elevation, in relation to mean sea level, to which any structure has been floodproofed.

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 130-17B.

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 130-13. Designation of local administrator.

The Building Inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 130-14. Duties and responsibilities of Building Inspector.

Duties of the Building Inspector shall include but not be limited to:

A. Permit review. The Building Inspector shall:

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of § 130-18A are met.

B. Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 130-7, Basis for establishing areas of special flood hazard, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 130-17A, Residential construction, and § 130-17B, Nonresidential construction.

C. Information to be obtained and maintained. The Building Inspector shall:

(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual elevation (in relation to mean sea level).

(b) Maintain the floodproofing certifications required in § 130-12B(3).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

D. Alteration of watercourses. The Building Inspector shall:

(1) Notify adjacent communities and the New Jersey Department of Environmental Protection and Energy prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that maintenance is provided within the altered relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

E. Interpretation of FIRM boundaries. The Building Inspector shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 130-15.

§ 130-15. Variance procedure.

A. Appeal board.

(1) The Essex County Construction Appeals Board as established by the County of Essex shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The Essex County Construction Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the Superior Court, as provided by law.

(4) In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(a) The danger that materials may be swept onto other lands to the injury of others.

(b) The danger to life and property due to flooding or erosion damage.

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d) The importance of the services provided by the proposed facility to the community.

(e) The necessity to the facility of a waterfront location, where applicable.

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(g) The compatibility of the proposed use with existing and anticipated development.

(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(5) Upon consideration of the factors of Subsection A(4) above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The Building Inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

B. Conditions for variances.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection A(4)(a) through (k) above have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public as identified in Subsection A(4) above or conflict with existing local laws or ordinance.

(6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

§ 130-16. General standards.

In all areas of special flood hazard, the following standards are required:

A. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

B. Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

E. Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one (1) foot above grade.

(3) Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 130-17. Specific standards.

In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 130-7, Basis for establishing areas of special flood hazard, or in § 130-14B, Use of other base flood and floodway data, the following standards are required:

A. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

B. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one (1) foot above the base flood elevation or shall:

(1) Be floodproofed one (1) foot above the base flood elevation so that below this level the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 130-14C(2).

C. Manufactured homes.

(1) Manufactured homes shall be anchored in accordance with § 130-16A(2).

(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

§ 130-18. Floodways.

Located within areas of special flood hazard established in § 130-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If § 130-18A is satisfied, all new construction and substantial improvements shall meet the flood hazard reduction provisions of §§ 130-16 through 130-18.

C. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

Chapter 133, FOOD ESTABLISHMENTS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 8-9-1976; amended in its entirety 10-6-1980. Section 133-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Business hours for food and beverage vendors -- See Ch. 89, Art IV.

Licensed occupations -- See Ch. 173.

Vending machines -- See Ch. 258.

Food establishments (Board of Health) -- See Ch. 303.

Food handling (Board of Health) -- See Ch. 305.

Milk and milk products (Board of Health) -- See Ch. 318.

§ 133-1. License required; compliance. [Amended 4-19-1982; 8-6-1984]

It shall be unlawful for any person or any body corporate to conduct a food establishment, as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey, without first having procured an annual license from the local Board of Health so to do and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.

§ 133-2. License fees. [Amended 4-19-1982]

The annual fees for licenses of food establishments are hereby fixed as follows:

A. Restaurants, luncheonettes and similar establishments. [Amended 8-6-1984; 6-6-1994]

Annual

Group Seating Capacity Fee

I 1 to 50 $ 75.00

II 51 to 100 150.00

III 101 to 200 200.00

IV Over 200 240.00

B. [Amended 8-6-1984] License fees for miscellaneous food establishments shall be as follows:

(1) Supermarkets: one hundred fifty dollars ($150.). [Amended 6-6-1994]

(2) Catering units, mobile, packaged goods only: fifty dollars ($50.). [Amended 6-6-1994]

(3) (Reserved)EN

(4) Candy counters: twenty-five dollars ($25.). [Amended 6-6-1994]

(5) Food processing, commercial and wholesale: two hundred fifty dollars ($250.). [Amended 6-6-1994]

(6) Food service: seventy-five dollars ($75.). [Amended 6-6-1994]

(7) Single food handling: sixty dollars ($60.). [Added 11-4-1992]

(8) Delicatessen: sixty dollars ($60.). [Added 11-4-1992]

(9) Cafeteria: sixty dollars ($60.). [Added 11-4-1992]

C. Fees for temporary food-handling permits shall be as follows:

(1) Maximum of ten (10) days for carnivals, fairs and other temporary amusements: thirty dollars ($30.).

(2) A temporary nonprofit permit for a recognized Bloomfield-based nonprofit organization for events sponsored by said organization with temporary food service equipment owned or operated by members of the organization can be granted upon application to and approval of the Board of Health. The fee per facility, stand, cart, etc., is twenty dollars ($20.). [Added 8-14-1989]

§ 133-3. Expiration of license; renewal fee; late charge. [Amended 4-19-1982]

A. The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter.

B. The fee for license renewals shall be due and payable on or before the last day of March in the year of renewal. [Amended 11-4-1992]

C. There shall be a late fee charge of ten dollars ($10.) where the renewal fee is paid after April 1. [Amended 11-4-1992; 6-6-1994]

§ 133-4. Suspension or revocation of license.

Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or Chapter XII of the State Sanitary Code of New Jersey or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality or that the person or persons conducting the food establishment is of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.

§ 133-5. Hearings; notice.

A. A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health.

B. Written notice of the time and place of such hearing shall be served upon the licensee at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license.

C. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may, thereafter be heard, and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.

§ 133-6. Reissuance of revoked or suspended license.

If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the city unless the application for such license shall be approved by the Board of Health.

§ 133-7. Construal of provisions.

No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 133-8. Violations and penalties. [Amended 11-2-1987; 12-19-1994]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.) for each first offense, not less than two hundred fifty dollars ($250.) for each second offense and not less than five hundred dollars ($500.) for each offense thereafter, or be imprisoned in the county jail for a period not exceeding ninety (90) days, or by such fine and imprisonment, or be subject to a civil penalty not to exceed five hundred dollars ($500.), which penalty shall be enforced or collected through any court of competent jurisdiction in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Each violation of any of the provisions of this chapter and each day or part thereof the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 133-9. Statutory authorization.

This chapter is being enacted pursuant to N.J.S.A. 40:52-1.

§ 133-10. Administration and enforcement.

The Board of Health of the Township of Bloomfield shall be responsible for the administration and enforcement of this chapter.

Chapter 135, FORTUNE-TELLING EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sec. 19-12 of the 1962 Code. Section 135-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices -- See Ch. 74.

§ 135-1. Restricted acts.

A. It shall be unlawful for any person in the township for hire or reward, to foretell, reveal, disclose, divine or attempt to foretell, reveal, disclose or divine any event, past, present or future, by means of the possession or alleged possession of any occult or mysterious power, whether the same is manifested through medium sitting, medium control, table rappings, hand readings, cards, hypnotism, clairvoyancy, fortune-telling, palmistry or phrenology or any other mode of fashion.

B. Any person in the township who receives any kind of gratuity or reward for foretelling, revealing, disclosing, divining or attempting to foretell, reveal, disclose or divine any past, present or future event by means of occult or mysterious power, or as set forth in the above Subsection A, shall be considered as doing such act for hire within the meaning of this chapter.

§ 135-2. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 139, GAMES OF CHANCE EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 8-12-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices -- See Ch. 74.

§ 139-1. Authorization to conduct games on Sunday.

Upon the effective date of this chapter and thereafter, it shall be lawful within the confines of the Township of Bloomfield, Essex County, New Jersey, to operate and conduct on the first day of the week, commonly known and designated as "Sunday," those games of chance authorized and permitted under N.J.S.A. 5:8-1 et seq. and the rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey.

Chapter 142, GARBAGE, REFUSE AND WASTE DISPOSAL EN

[HISTORY: Adopted by the Council of the Township of Bloomfield 3-20-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Unfit dwellings -- See Ch. 113.

Hazardous materials -- See Ch. 155.

Housing standards -- See Ch. 159.

Junk dealers -- See Ch. 166.

Newspaper recycling -- See Ch. 180, Art. I.

Property maintenance -- See Ch. 203.

Recycling -- See Ch. 206.

Unfit buildings (Board of Health) -- See Ch. 292.

Sanitation (Board of Health) -- See Ch. 336.

Solid waste (Board of Health) -- See Ch. 340.

Weeds (Board of Health) -- See Ch. 354.

§ 142-1. Days and hours for collection.

A. Collection schedules shall be as contracted by the municipality.

B. No garbage, refuse or rubbish shall be collected by the municipal scavenger and any private scavenger on a township-maintained street prior to 6:30 a.m. and no later than 6:00 p.m.

C. No garbage, refuse or rubbish shall be collected by the municipal scavenger and any private scavenger on a county-maintained street prior to 5:30 a.m. and no later than 6:00 p.m.

D. Upon application to the Mayor and Township Council and for good cause shown, the Mayor and Township Council may, on a temporary basis, alter the hours set forth in Subsections B and C above.

§ 142-2. Penalties for violations of hours provisions.

Violation of the hours as set forth above and any temporary hours as set forth by the Mayor and Township Council in accordance with § 142-1 above by the municipal scavenger and any private scavengers shall be punishable by a fine not exceeding five hundred dollars ($500.) for a first offense and one thousand dollars ($1,000.) for a second offense.

§ 142-3. Deposit into waters.

A. No person shall place or permit to be placed or discharged or permit to be discharged or cast or deposit or cause or suffer to be deposited into any of the brooks or rivers within the limits of the township or into any tributary thereof, which brooks or rivers empty into the Passaic River, any sewage or waste matter, article or substance, liquid or solid, of any kind, which creates odors or gases or fumes, due to the putrefaction of organic matter or the presence of chemicals or which discolors the waters of the brooks or rivers or their tributaries or results in the presence of oil or grease on the surface of the waters of the brooks or rivers or any of their tributaries or which reduces the dissolved oxygen content thereof to such an extent as to interfere with major fish life in the waters.

B. It shall be unlawful for any person to dump, deposit or place or cause to be dumped, deposited or placed any rubbish, refuse or other material in any brook, stream or watercourse or the bed thereof in the township that may, in any manner, hinder or obstruct the free flow of water in such watercourse.

§ 142-4. Deposit on public or private property.

A. No person shall place any refuse or waste material, cause to be placed or throw or permit to be thrown any refuse, waste material or wastepaper or discard any article in any street, alley or other public place or upon any private property, whether owned by such person or not, within the township, nor shall any person throw or deposit any refuse in any stream or any other body of water, nor shall any person cause, place, sweep or deposit, anywhere within the township, any refuse or discard any item, article, thing or material of any kind or nature whatsoever in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park or parkway or other public place or onto any occupied premises privately or publicly owned.

B. No person shall deposit any refuse, rubbish or waste matter or material of any kind upon any field, vacant lot or building plot in the township.

§ 142-5. Public litter baskets.

The public litter baskets as located throughout the Township of Bloomfield are specifically to be used for litter. They are not to be used for the purposes of dumping private refuse which should be disposed of through scavenger services.

§ 142-6. Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or be imprisoned for a term not exceeding ninety (90) days.

§ 142-7. Rewards.

The Township of Bloomfield hereby does offer a reward not to exceed two hundred dollars ($200.) to any person or persons who supply information and is or are instrumental in the arrest and conviction of any person or persons who have violated §§ 142-3 through 142-5 of this chapter. The reward shall be paid to such person or persons as the municipal governing body may, in its discretion, deem entitled thereto, but no such reward may be paid to any public employee whose duty it is to investigate or to enforce the law.

Chapter 145, GASOLINE STATIONS AND REPAIR GARAGES EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 12 of the 1962 Code. Section 145-9 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Business hours -- See Ch. 89.

Fire prevention and protection -- See Ch. 125.

Licensed occupations -- See Ch. 173.

Motor vehicle sales from open-air lots -- See Ch. 177, Art. I.

Zoning -- See Ch. 271.

§ 145-1. Definitions.

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

AUTO REPAIR SHOP -- Any building, structure or place in the township where the business of repairing automobiles is conducted, including the repairing of batteries, electrical equipment or bodies of automobiles and the painting, greasing or washing of automobiles.

§ 145-2. License required.

A. No person shall engage in the business of conducting or operating a public automobile garage, gasoline filling station or auto repair shop in the township without first obtaining a license from the Township Council.

B. No person shall engage in the business of operating a store or market in the township wherein motor oil, motor fuel or motor grease is sold without first obtaining a license as required by this chapter.

§ 145-3. Application for license.

Written application for the license required by this chapter shall be made to the Building Inspector. Such application shall be accompanied by the license fee and shall set forth the name and address of the applicant, the type of business to be licensed, the place where the business is to be conducted and the length of time the business has been conducted at the place to be licensed.

§ 145-4. Inspections.

Upon the filing of the application for license under this chapter, the Building Inspector and Fire Chief or his assistant shall inspect the premises where the business is to be conducted and report to the Township Council whether all laws respecting fire hazards and the conduct of the business have been complied with and whether the business to be licensed will constitute a violation of the Zoning Ordinance of the township.EN

§ 145-5. License fee; expiration of license. [Amended 12-6-1965]

A. The annual fee for a license under this chapter, which fee is imposed for regulation and revenue, shall be forty dollars ($40.). [Amended 10-1-1991]

B. The license shall expire on December 31 next after its issuance.

§ 145-6. Issuance of license; transferability.

After the Township Council has approved the application for a license under this chapter, the Building Inspector shall issue such license, which shall be for each place of business and shall not be transferable. Such license shall specify the type of business licensed.

§ 145-7. Prohibited accumulations.

It shall be unlawful to permit or maintain any accumulation of waste or other material which is combustible so as to create a fire hazard on any premises licensed under this chapter.

§ 145-8. Hours of operation. [Added 10-1-1984; amended 4-20-1987; 10-5-1987; 2-1-1988]

A. Gasoline filling stations. In order to avoid the noise, inconvenience and disturbance to residential areas within the township, gasoline filling stations regulated by this chapter shall cease the conduct of their business at a reasonable hour. Every gasoline filling station shall be closed to the public, and business with the public therein shall be and is hereby prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of any day, provided that said gasoline filling station is located within two hundred (200) feet of a residential zone. A "residential zone" shall be those areas designated as such in the Zoning Ordinance of the Township of Bloomfield.EN The distance of two hundred (200) feet provided therein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinance of the Township of Bloomfield.

B. Auto repair shops. Auto repair shops as defined herein and gasoline filling stations which provide those services as stipulated in § 145-1 shall operate, in the case of auto repair shops, or provide such service, in the case of gasoline filling stations, only during the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, provided that said auto repair service and gasoline filling station are located within two hundred (200) feet of a residential zone. A "residential zone" shall be those areas designated as such in the Zoning Ordinance of the Township of Bloomfield.EN The distance of two hundred (200) feet provided therein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinance of the Township of Bloomfield. [Added 10-16-1990]

§ 145-9. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 150, GRAFFITI

[HISTORY: Adopted by the Council of the Township of Bloomfield: Art. I, 10-15-1984 as Sec. 19-51 of the 1962 Code; Art. II, 10-15-1984 as Sec. 19-52 of the 1962 Code. Sections 150-5A and 150-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Rewards for curtailing and prevention of malicious or willful damage

to property -- See Ch. 211, Art. I.

ARTICLE I, Prohibited Acts [Adopted 10-15-1984 as Sec. 19-51 of the 1962 Code]

§ 150-1. Purpose.

The use of broad-tipped pens, paint, spray cans, pencils, pens, crayons or other marking devices to write graffiti on the walls or other spaces of public or private buildings, vehicles, areas or facilities causes serious defacement of such buildings, vehicles and areas, public and private, and contributes to the deterioration of property values. Such practices exhibit a contempt for the property rights of private citizens as well as governmental authority, contribute to an erosion of respect for authority and depreciate the quality of life in the community.

§ 150-2. Definitions.

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

GRAFFITI - Includes any unsightly, offensive or defacing writings or other written or pictorial matter by any method or device and of any content which contributes to the defacement of real or personal property and which contributes to the ugliness and unsightliness of its object, space, area or community and which is detrimental to the attractiveness, neatness and good order of the municipality.

§ 150-3. Defacement of property.

A. The writing or placing of any written or pictorial graffiti, writings, pictures or other markings whatsoever by any defacing whatsoever, including but not limited to pens, spray cans, pencils, crayons, paint, chalk or any other method or substance whatsoever, on any public or private property, or a mixture of both, without the express knowledge and consent of the owner is prohibited.

B. The marking or defacing of any property, real, personal or mixed, by an owner thereof in such a manner as to constitute graffiti is likewise prohibited.

§ 150-4. Responsibility for violations.

In the enforcement of this Article, all persons directly or indirectly involved shall be as equally responsible and guilty as the individual who actually defaces the object or area. Any individuals who encourage and participate in such activity, as well as individuals who make available the tools, writing materials, ladders, lookouts, material or assistance or who knowingly supply funds to acquire materials for such purposes, including parents and friends, shall be equally guilty and liable for punishment under this Article.

§ 150-5. Violations and penalties.

A. Any person found guilty of violating any of the provisions of this Article shall, upon conviction thereof, pay a fine not to exceed one thousand dollars ($1,000.) or be subject to imprisonment for not more than ninety (90) days in the county jail, or both, in the discretion of the Municipal Court Judge.EN

B. In addition, the Municipal Court Judge is urged to require appropriate corrective measures and restitution by requiring the offender to remove the graffiti under the supervision of such municipal employee or other person designated by the Court.

C. Any minor child under the age of eighteen (18) years shall be brought before the Superior Court, Chancery Division, Family Part, and shall be subject to the penalties provided by said Court.

§ 150-6. Exceptions.

This Article shall not be construed to prohibit easily removable chalk markings on public sidewalks or streets in connection with traditional children's games or any lawful business or public purpose or activity.

ARTICLE II, Spray Paint Containers and Indelible Markers [Adopted 10-15-1984 as Sec. 19-52 of the 1962 Code]

§ 150-7. Purpose.

Whereas there is widespread use of spray paint and indelible markers in the permanent defacement of public and private property; and whereas the defacement or marring of public and private property has contributed to the blight and degradation of neighborhoods and public places; and whereas the easy application and ready accessibility to spray paint and indelible markers facilitates its use and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct; and whereas a substantial portion of the defacement of public and private property has been caused by minors using spray paint containers and indelible markers obtained both legally and illegally, the following provisions shall apply.

§ 150-8. Definitions.

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

INDELIBLE MARKER - Any felt-tip marker, china marker or similar device that is not water-soluble and which has a flat or angled writing surface of one-half (1/2) inch or greater.

MINOR - Any person under the age of eighteen (18) years.

§ 150-9. Manner of packaging and display.

No person shall sell or offer for sale or transfer or offer to transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored out of sight in such a way as to prevent free access to the merchandise by the public.

§ 150-10. Sale to minors.

A. No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.

B. No minor shall, at the time of purchase of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate under the Federal Selective Service Act, an indentification card issued to a member of the armed forces or any document issued by a federal, state, county or municipal government.

§ 150-11. Possession on public property.

Absent express permission to the contrary, it shall be unlawful for any person to possess a spray paint container or indelible marker in any public building or upon any public facility or private property with intent to use the same to deface said public building, facility or property.

§ 150-12. Violations and penalties.EN

Any person found guilty of violating any of the provisions of this Article shall, upon conviction thereof, pay a fine not to exceed one thousand dollars ($1,000.) or be subject to imprisonment for not more than ninety (90) days, in the county jail, or both, in the discretion of the Municipal Court Judge.

Chapter 154, HANDBILLS AND ADVERTISING EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Secs. 19-17 and 19-18 of the 1962 Code. Section 154-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Signs, lights and awnings -- See Ch. 222.

Streets and sidewalks -- See Ch. 230.

Trees -- See Ch. 247.

Park rules and regulations -- See Ch. A361.

§ 154-1. Restricted activities.

A. No person shall place upon or attach to any tree or upon or to any telegraph, telephone or electric light pole, traffic sign, traffic signal, public telephone, park bench, playground equipment, bridge and all other public buildings and structures, upon any of the streets within the township any handbill, advertisement or written, printed or partly written or printed notice of any kind, except such notices as by law are required to be posted. [Amended 1-20-1986; 4-15-1996]

B. No person shall scatter or throw upon any of the streets or other public places within the township any handbills, advertisements, circulars or other written or printed matter or fasten, by pasting or otherwise, any such advertisements, notices or circulars to any of the sidewalks or bridges in the township, or in or upon any motor vehicle on a public street or place, or in or upon any front yard or courtyard of private premises, or in or upon any stoop of such private premises, or in or upon any vestibule or hall of any building, or in any letterbox thereon or therein maintained; provided, however, that nothing contained in this section shall be deemed to prohibit the delivery of any such matter by the United States postal authority and the delivery of newspapers, magazines and periodicals from regularly established news dealers. This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising matter. [Amended 10-1-1991]

§ 154-2. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 155, HAZARDOUS MATERIALS

[HISTORY: Adopted by the Council of the Township of Bloomfield 6-5-1989. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 22.

Fire prevention and protection -- See Ch. 125.

§ 155-1. Definitions.

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

EXPENDABLE ITEMS -- Any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIAL -- Any material or substance, solid, liquid or gas, which has been determined by the Secretary of Transportation under Title 49 and the National Fire Protection Association Hazardous Materials Guide Book to be capable of posing an unreasonable risk to health, safety and property and which has been so designated.

HAZARDOUS MATERIALS UNIT -- A group created within the Bloomfield Fire Department to respond to, handle and mitigate a hazardous materials incident.

VEHICLE -- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor/trailers, construction equipment and farm machinery.

VESSEL -- Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.

§ 155-2. Funding for persons and equipment.

A. This chapter provides for the creation and funding of a Hazardous Materials Unit.

B. This chapter provides for the replacement and reimbursement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the township in case of fire, leakage or spillage involving any hazardous material.

C. This chapter entitles the Township of Bloomfield to reimbursement for any expendable items used by the township or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous material. This shall also include additional labor costs incurred by the township or any of its agencies regarding extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous material.

§ 155-3. Hazardous materials unit.

A. A Hazardous Materials Unit shall be created from within the Township of Bloomfield Fire Department members. This unit should be on a voluntary basis, but not limited to volunteers. The Chief of the Bloomfield Fire Department, if he deems necessary, may assign any member of the Bloomfield Fire Department to the Hazardous Materials Unit. Membership to the Hazardous Materials Unit shall require the person to take a base physical examination for exposure comparison. The physical will be given by the Township Physician. The members of the Hazardous Materials Unit shall attend special training seminars and courses on the control and mitigation of hazardous materials incidents.

B. The Chief of the Bloomfield Fire Department shall be responsible for control of guidelines, procedures, practices, training and education of all members of the Hazardous Materials Unit. The delegation of these duties may be assigned to an officer of the Bloomfield Fire Department.

§ 155-4. Parties responsible for reimbursement.

A. Reimbursement to the township for any expendable items used shall be made by the following parties:

(1) The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

(2) The owner or person responsible for any vessel containing hazardous materials involved in any fire, leak or spill on public or private property whether stationary or in transit, whether accidental or through negligence.

(3) The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.

(4) Any person responsible for any fire, leak or spill of hazardous materials on public or private property whether accidental or through negligence.

B. Reimbursement for services of recovery company, towing company or technical assistance. Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.

C. Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the Township of Bloomfield Fire Department for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill within a period of forty-five (45) days after receipt of a bill for such items from the Township of Bloomfield Fire Department.

§ 155-5. Violations and penalties.

Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the Township of Bloomfield Fire Department within the time set forth in this chapter shall be subject to a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) per day or by imprisonment for a period of not more than six (6) months, or both.

§ 155-6. Distribution of reimbursements collected.

All reimbursements collected for hazardous materials incidents shall be placed into the general fund. A record of moneys collected shall be kept by the Fire Chief and Administrative Assistant of the Fire Department. This record shall be kept until November 15 of each year, until the time comes when the funds can be transferred. At this time the moneys collected shall be transferred into the fire O and E budget for reimbursement to that budget for the expendable items that have been used during the year.

Chapter 157, HISTORIC DISTRICTS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 3-17-1980. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 87.

Unfit dwellings -- See Ch. 113.

Site plan review -- See Ch. 225.

Zoning -- See Ch. 271.

Unfit buildings (Board of Health) -- See Ch. 292.

§ 157-1. Purpose.

The purpose of this chapter is:

A. To safeguard the heritage of the Township of Bloomfield by preserving the integrity of a part of the township which reflects elements of its cultural, social, economic and architectural history.

B. To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures and places within that part of Bloomfield.

C. To stabilize and maintain property values.

D. To foster civic beauty.

E. To promote the use of this historic district for the education, pleasure and welfare of the citizens of the Township of Bloomfield and its visitors.

§ 157-2. District boundaries.

The bounds of the Bloomfield Green Historic District, as shown on the Tax Maps of the Township of Bloomfield, for the purpose of this chapter, are as follows.

Block 242 (All) Block 252 (All) Block 282 (All)

245 (All) 271 (All) 283 (All)

246 (All) 272 (All) 284 (All)

248 (All) 275 (All) Block 517, Lots

250 (All) 276 (All) 1,2,4, (Part)

251 (All) 281 (All) 9, 11, 12, 13,

14, 15, 17,

20, 23

§ 157-3. Historic District Review Board.

A. There is hereby established in the Township of Bloomfield a Historic District Review Board consisting of five (5) members.

B. All members must be residents of the Township of Bloomfield, and three (3) shall reside and own property within the Historic District, and all shall be persons with knowledge of and demonstrated interest in the historical character of the community.

C. All members shall be appointed by the Mayor with the approval of the Township Council.

D. All members shall serve terms of three (3) years, except that the initial terms shall be one (1), two (2) or three (3) years so that approximately one-third (1/3) of the terms expire each year for the first three (3) years, and thereafter each appointment shall be for three (3) years unless to fill a vacancy, in which case the appointment shall be for the unexpired term.

E. Members shall serve without compensation.

F. The Board, subject to the township's budgetary limitations, may hire a Secretary and such experts as it deems necessary. The Secretary may be a member of the Review Board, in which case no salary will be paid.

G. The Review Board shall meet at the call of the Chair. A majority of the total membership shall constitute a quorum.

H. The Review Board shall elect from among its members a Chairperson and such other officers as it may determine. The Board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and filed with the Township Clerk within two (2) weeks after each meeting.

I. The Mayor, with the approval of the Township Council, shall appoint two (2) alternate members to the Historic District Review Board, who shall be designated by the Chairperson as "Alternate No. 1" and "Alternate No. 2" and who shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be three (3) years, however, the initial appointees shall serve to December 31, 1991. [Added 10-3-1988]

§ 157-4. Building permit and Planning Board approval required.

No building or structure shall be erected, reconstructed, altered, restored, moved or demolished within the Historic District, and no sign, light, fence, wall or other appurtenant fixture shall be erected or displayed on any lot, building or structure located within the district, until after an application for a building permit has been submitted to the Historic District Review Board and approved by the Planning Board. Every application for a building permit for a building located or to be located within the district shall be accompanied by plans for the proposed change. As used herein, "plans" shall mean drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design for the building, including proposed materials, textures and colors, and the plot plan or site layout, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. Such plans shall be forwarded by the Building Inspector to the Review Board for consideration.

§ 157-5. Review by Review Board.

A. The Historic District Review Board shall meet within fifteen (15) days after notification by the Building Subcode Official of the filing of plans unless otherwise mutually agreed upon by the applicant and the Review Board. The Review Board shall then make its recommendations, in writing, to the Planning Board or Zoning Board within fifteen (15) days of the next regular scheduled Planning Board or Zoning Board meeting. This time period may be extended if consented to by the applicant.

B. Such recommendation shall be given great weight and deliberation by the Planning Board or Zoning Board.

§ 157-6. Time limit for approval.

The Planning Board or Zoning Board shall approve or disapprove all applications for building or demolition permits required under §§ 157-8 and 157-9 of this chapter within forty-five (45) days from the date of application. Failure to do so shall be deemed to constitute approval, and the Building Subcode Official shall proceed to process the application and issue the necessary permit.

§ 157-7. Demolition or moving of structures.

A. The demolition or moving of structures of historical or architectural value shall be discouraged.

B. In addition to the written recommendations of the Review Board, the Planning Board and Zoning Board shall be guided by the following conditions in exercising judgment in granting a demolition permit:

(1) The structure is deemed by the Subcode Official to be a hazard to public safety or health and repairs are impossible.

(2) Such structure is a deterrent to a major improvement program which will be of substantial benefit to the township.

(3) Restoration of such structure would cause undue financial hardship to the owner, which would be defined as a situation where more funds than are reasonable would be required to retain the structure.

(4) The retention of such structures would not be in the interest of the township as a whole.

§ 157-8. Additional standards and regulations.

A. The following standards and regulations shall apply in the Historic District and shall be in addition to regulations contained in the Zoning Ordinance of the Township of BloomfieldEN and the criteria set forth in the United States Department of Interior's standards and guidelines for rehabilitating buildings:

(1) The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.

(2) The general compatibility of exterior design, arrangement and materials proposed to be used.

(3) Any other factor, including aesthetic, which the Board deems pertinent.

(4) Description of the details of design for the period of architecture involved in the particular structure and surrounding neighborhood.

B. The Planning Board or Zoning Board shall pass only on exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except in regard to considerations as set forth in the within sections.

C. It is the intent of this section that the Planning Board or Zoning Board be strict in its judgment of applications for alterations, demolition and repairs of existing structures deemed to have significant historical or architectural value as determined by the United States Department of the Interior's National Register of Historic Places Inventory - Nomination Form for the Bloomfield Green Historic District, dated June 1975.

D. It is the, intent of this section that the Planning Board and Zoning Board shall encourage any alterations or repairs to structures be made in the spirit of their architectural style and that any additions will be made in such a manner as not to detract from the building's original appearance.

E. It is the intent of this section that the Planning Board and Zoning Board shall be lenient in its judgment of plans for new construction or for alterations and repair of structures of little historical or architectural value within the Historic District except where such construction, alteration, demolition and repair would seriously impair the historic value and character of surrounding structures.

§ 157-9. Construal of provisions.

Nothing in § 157-8 shall be construed to prevent ordinary maintenance or repair on any structure within the Bloomfield Green Historic District which does not require a building permit, nor shall anything in § 157-8 be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued prior to the adoption of this chapter.

Chapter 159, HOUSING STANDARDS

[HISTORY: Adopted by the Council of the Township of Bloomfield 9-7-1993.EN Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 87.

Fire prevention and protection -- See Ch. 125.

Flood damage prevention -- See Ch. 130.

Property maintenance -- See Ch. 203.

Unfit buildings -- See Ch. 292.

§ 159-1. Definitions.

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

HOUSING SPACE -- That portion of a multiple dwelling rented or offered for rent for living or dwelling purposes in which cooking equipment is supplied, and includes all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property. The term shall not mean or include condominium or cooperative units unless the landlord owns more than three (3) units in the same dwelling complex, building, public housing or dwelling space in any hotel, motel or established guesthouse.

MULTIPLE DWELLING -- Includes any building or structure and land appurtenant thereto containing three (3) or more apartments or rented or offered for rent to three (3) or more tenants or family units.

OWNER -- The holder or holders of the title in fee simple.

PARTIES IN INTEREST -- All individuals, associations or corporations who have interests of record in a multiple dwelling and who are in actual possession thereof, and any person authorized to receive rents payable for housing space in a multiple dwelling.

PUBLIC OFFICER -- The Director of Community Development of the Township of Bloomfield, hereinafter "Director."

STANDARDS FOR SUBSTANDARD MULTIPLE DWELLING -- The standards which shall govern the Director determining whether a multiple dwelling is substandard shall be those minimum standards which are set forth in the State Housing Code promulgated by the Department of Conservation and Economic Development, Bureau of Housing, State of New Jersey, and any amendments or additions thereto which may be promulgated from time to time by said Department of Conservation and Economic Development, Bureau of Housing.

SUBSTANDARD MULTIPLE DWELLING -- Any multiple dwelling determined to be substandard by the Director.

§ 159-2. Director; powers; appointment; term of office.

The Director is hereby authorized to exercise the powers prescribed by this chapter. Said Director shall be appointed at a public meeting by the Mayor, with the consent of a majority of the Township Council.

§ 159-3. Legislative finding.

The health and safety of the residents of the Township of Bloomfield are impaired and threatened by the existence of substandard multiple dwellings within the Township of Bloomfield.

§ 159-4. Substandard multiple dwellings; complaint procedures.

Whenever it appears by preliminary investigation that a multiple dwelling is substandard, the Director shall cause a complaint to be served upon the owner of and parties in interest in such multiple dwelling, stating the reasons why said multiple dwelling is deemed to be substandard and setting a time and place for hearing before said Director. The owners and parties in interest shall have the right to file an answer and to appear and give testimony. The rules of evidence shall not be controlling in hearings before the Director.

§ 159-5. Findings of hearing; order and time limit for repairs.

If, after notice and hearing, the Director determines that the multiple dwelling under consideration is substandard, he shall state his findings, in writing, and shall issue and cause to be served upon the owner or other person entitled to receive rents an order requiring that such repairs, alterations or improvements necessary to bring such property up to minimum standards be made within a reasonable time, the date of the expiration of said reasonable time to be set forth in said order.

§ 159-6. Abatement of nuisance, correction by municipality; custodial appointment; lien against premises.

In the event that the owner of the substandard multiple dwelling fails to comply with an order for repair, alteration or improvements, after notice and reasonable opportunity to do so and where such failure to comply results in the continuation of the condition or conditions harmful to the health and safety of the occupants of the multiple dwelling or to the general public, the Mayor and Township Council may appoint the Director, as custodian of any building or structure on behalf of the municipality, to enter into and take charge of the premises and to supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of municipality ordinances and state laws applicable thereto. In any such case, the compensation of the custodian shall be determined by the Township Council, and all costs, fees and expenses shall be collectible as provided herein. The Director may, by and with the approval of the Mayor and Township Council, expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in the Article.

§ 159-7. Director appointed receiver ex officio in case of noncompliance.

In the event that the owner of the substandard multiple dwelling fails to comply with an order for repair, alteration or improvement, after notice and reasonable opportunity to do so and where such failure to comply results in the appointment of the Director as custodian by the Mayor and Township Council, the Director may, by and with the approval of the Mayor and Township Council, bring an action in the Superior Court of the State of New Jersey to be appointed receiver ex officio of the rents and income from such property and expend the same for the purpose of making such repairs, alterations or improvements as are necessary to correct said harmful condition or conditions.

§ 159-8. Rents and income to be available for costs and expenses caused by violation.

Said rents and income so collected by said receiver shall also be available for the payment of such costs and expenses of the receivership as may be adjudged by the Court and for the payment to the municipality of any fines or permits which may have been imposed on the owner for violations of this Article and which have not been paid by the person liable therefor.

Chapter 163, INSURANCE EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 3-19-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Defense and indemnification -- See Ch. 15.

Municipal Insurance Fund Commission -- See Ch. 31.

Fire prevention and protection -- See Ch. 125.

ARTICLE I, Fire Insurance Claims [Adopted 3-19-1979]

§ 163-1. Payment of taxes and liens on fire-damaged property.

A. No insurance company authorized to issue fire insurance policies in the Township of Bloomfield shall pay to a claimant any claim in excess of two thousand five hundred dollars ($2,500.) for fire damages on any real property located within the Township of Bloomfield until such time as all taxes, assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company, all in accordance with N.J.S.A. 17:36-8 et seq.

B. In lieu of the requirements imposed by Subsection A above, the Township of Bloomfield may enter into agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installations pursuant to N.J.S.A. 54:5-19, or for the redemption of the tax sale lien by installment payments pursuant to N.J.S.A. 54:5-65 to 54:5-76, if the Township Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Township Council is authorized to make full payment on the claim to the insured person.

C. Unless a resolution is received in accordance with the provisions of Subsection B above, an insurance company writing fire insurance policies in the Township of Bloomfield is authorized and required, prior to the payment of any claims for fire damages in excess of two thousand five hundred dollars ($2,500.), to pay to the Township of Bloomfield the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that, if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five percent (75%) of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such moneys and all interest occuring thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in New Jersey shall be disbursed in accordance with the final order or judgment of the court.

§ 163-2. Applicability.

The provisions of this Article shall apply to fire insurance policies issued or renewed after the adoption of this Article by the Township Council.

Chapter 166, JUNK DEALERS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 16 of the 1962 Code. Section 166-8 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Licensed occupations -- See Ch. 173.

Zoning -- See Ch. 271.

Public health nuisances (Board of Health) -- See Ch. 322.

§ 166-1. License required for junk shops.

No person shall engage in the business of keeping a junk shop or other business involving the storage and sale of old metals, rags or bottles or the wrecking of old automobiles without first obtaining from the Township Council a license for conducting such business.

§ 166-2. Issuance of junk shop license; posting.

A. The license required by the preceding section shall be issued by the Township Clerk to the applicant after approval by the Township Council and upon payment of the license fee, as provided in the following section.

B. Such license shall be posted in a conspicuous place in the place of business of the licensee.

§ 166-3. Junk shop license fee; expiration and revocation. [Amended 11-15-1976; 10-1-1991]

The fee for the license required by § 166-1 shall be one hundred fifty dollars ($150.) per year and shall be paid to the Township Clerk. Such license shall expire on December 31 next after its issuance and may be revoked for just cause by the Township Council.

§ 166-4. License required for dealing in junk.

No person shall carry on the business or act in the capacity of a junkman, junk dealer or rag picker without first obtaining from the Township Council a license therefor.

§ 166-5. Issuance of junk dealer's license; revocation.

A. The license required by the preceding section shall be issued by the Township Clerk after approval by the Township Council and upon payment of the license fee, as provided in the following section, by the applicant.

B. Such license may be revoked by the Council for just cause.

§ 166-6. Junk dealer's license fee; expiration. [Amended 11-15-1976]

The fee for the license required by § 166-4 shall be fifty dollars ($50.) per year and shall be paid to the Township Clerk. Such license shall expire on December 31 next after its issuance.

§ 166-7. Rules and regulations; badge; display of license.

A. All persons licensed as required by § 166-4 shall be governed by such rules and regulations as the Township Council shall from time to time prescribe.

B. Such license shall have a badge bearing the following inscription: "Bloomfield License No. ___ , conspicuously displayed and securely fastened on each side of every wagon or cart used by him in his business. Where such business is carried on by any person without the use of any wagon or cart, then all such licensed persons shall at all times carry with him, when so engaged, his license.

C. The licensee shall exhibit his license on demand to any police officer of the township.

§ 166-8. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 168, LANDSCAPERS

[HISTORY: Adopted by the Township Council of the Township of Bloomfield 12-26-1996. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Garbage, refuse and waste disposal -- See Ch. 142.

Payment of delinquent taxes and assessments -- See Ch. 172, Art. I.

Property maintenance -- See Ch. 203.

Trees -- See Ch. 247.

Weeds -- See Ch. 354.

§ 168-1. Definitions.

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

ANNUAL FEE -- The fee charged by and payable to the Municipal Clerk of the Township of Bloomfield to obtain a license as a landscaper.

ANNUAL LICENSE -- A license issued by the Municipal Clerk of the Township of Bloomfield for the purposes stated.

CUSTOMER -- Anyone who employs the services of a landscaper to perform the services of maintaining, cutting, cleaning or raking property within the Township of Bloomfield.

LANDSCAPE CONTRACTOR -- The same meaning as landscaper.

LANDSCAPER -- A person or persons doing business with residential or commercial customers for the purpose of maintaining, cutting, cleaning, raking or performing similar activities on property within the Township of Bloomfield for a fee or under contract.

VEHICLE -- Any vehicle required to be registered with the New Jersey Department of Motor Vehicles for use on local roads and highways and used by a landscaper in the performance of his work in the Township of Bloomfield.

§ 168-2. License required; display of decal.

All landscapers using a truck, van or trailer for landscaping services within the Township of Bloomfield shall be required to obtain a license in order to offer their services in the Township of Bloomfield. A license shall be required for each vehicle the landscaper owns or operates within the Township of Bloomfield. Said license shall be obtained from the Municipal Clerk prior to April 1 of each calendar year (said license shall terminate March 31). Proof of licenser will be demonstrated by the issuance and the display of a decal, which will be issued to each licensee and displayed on each vehicle the landscaper owns or operates in the Township of Bloomfield. The decal shall be displayed on the front driver's side bumper of each vehicle the landscaper owns or operates, as well as on the driver's side of the tongue of any trailer.

§ 168-3. Application for license; issuance; expiration.

A. All applications for landscaping licenses shall be in writing on all forms furnished by the township, signed by the applicant or the authorized agent of the applicant, and presented to the Municipal Clerk. The application shall state the name of the landscaper; the correct name under which the business is being operated; the residence of the applicant; the year, make, model and license plate number of the vehicle or vehicles; and such other pertinent information as may be necessary for an investigation of the applicant.

B. All applications for licenses received by the Clerk shall, after appropriate review and investigation, either be granted or refused. Thereafter, if the application is approved, the Municipal Clerk shall issue the license upon payment of the license fee as hereinafter provided.

C. All licenses issued shall expire March 31 of the year following the year of issuance.

§ 168-4. Requirements.

Every landscaper operating within the Township of Bloomfield shall be required to comply with the following:

A. The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in said operation, shall be no less than three inches in height and shall include the name, address and telephone number.

B. All landscapers shall dispose of all cuttings, clippings and waste materials generated at Bloomfield sites only at the customer's location or at such other location and in the manner as may be designated and directed by the Director of the Department of Public Works of the Township of Bloomfield. The disposal of all cuttings, clippings and waste materials generated from sites outside the Township of Bloomfield is strictly prohibited within the township.

§ 168-5. License and decal fees; term of license; renewal.

A. Upon filing such application, the applicant shall pay to the Municipal Clerk a fee of $50 which will entitle the applicant to two decals. Additional decals shall cost $10 each.