Variance Application

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ISSUED: 2/15/2007

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Executive Summary

This document outlines the application process for obtaining a Variance (Bulk or Use) from the Borough of Bloomingdale Planning Board. It details the required submission materials, including fifteen copies of application pages and twenty copies of the sketch plat, along with proof of public notice to property owners and publication in an official newspaper at least ten days prior to the hearing. Applicants must also provide proof of current property taxes and address any known zoning ordinance violations. Key procedural requirements include submitting all applications to the Planning Board Secretary 15 days before the regular meeting date for completeness review. Regular meetings are held on the third Thursday of each month at 7:30 p.m. in the Council Chambers, Borough Hall. The document also specifies forms for legal notice, affidavits of proof of service, and consent from the property owner if different from the applicant. Variance approvals require a building permit application within 90 days, or the approval may expire. A variance itself expires if construction or use is not commenced within one year of the Board of Adjustment's decision, with specific exceptions for use variances involving subdivision or site plan approval, which extend for three years.

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--- Document: Variance Application Document ---
Amended Feb. 15, 2007 
Page 1 of 7 
 
    
PLANNING BOARD 
 
BLOOMINGDALE, NEW JERSEY 07405 
973-838-0330  
 
The following are required for a VARIANCE  application: Date Submitted:________ 
 
1. Fifteen copies (15) of pages 1, 5-7 of this application packet as well as 
those others required and listed below 
 
2. Twenty copies (20) of the sketch plat, (see attached checklist) and any other 
documents you submit to the Planning Board. 
 
3. Notice to property owners must include time, date, and place of meeting; 
nature of the matter to be considered; identify the property for the Variance 
application by lot and block numbers and street address, and location and 
times which maps and documents for which approval is sought are available for 
public inspection.(See page 4 for the Form of Notice and Page 3 number 1). 
 
4. Public notice given by publication in an official newspaper (The Herald and 
News or Suburban Trends) at least ten (10) days prior to hearing.  Proof of 
said notice to be supplied to Planning Board Secretary. (See page 2 for the 
Legal Notice form and page 3 number 2). 
 
5. One (1) copy of the certified list of names of the property owners within 200 
feet of the property proposed for subdivision you received from the Tax 
Assessor’s office. (See page 3, number 3). 
 
6. One (1) proof of service (notarized) and/or receipts of registered or 
certified mailings sent to said property owners at least (10) days prior to 
hearing.  (See page 2 and page 3 number 4). 
  
7. Proof from the Tax Office that taxes on said property are current. 
 
8. Is the property in compliance with ordinances?                                
 
Yes __  If No __- explain______________________________________________ 
 
9. Are there any known violations of Bloomingdale Zoning Ordinances?   
 
 Yes __  If No __- explain______________________________________________ 
 
10."List all previous applications on the subject property and include three(3) 
copies of the memorializing resolution." 
      
     Application #______Date____________ Application #______Date____________ 
 
Planning Board Schedule: 
 
All applications must be submitted 15 days prior to the Regular meeting date, to 
be scheduled on that month’s agenda for completeness review. 
 
Work sessions are held on the second Thursday of the month at 7:30 p.m. in the 
Council Chambers, Borough Hall 101 Hamburg Turnpike. 
 
Regular meeting are held on the third Thursday of the month at 7:30 p.m. in the 
Council Chambers, Borough Hall 101 Hamburg Turnpike. 
 
NOTE: If the Property in Question is on a Passaic County road you may need file 
a Passaic County Development Review Application and submit it to the Passaic 
County Planning Board. Application is attached if applicable. 
 


Amended Feb. 15, 2007 
Page 2 of 7 
 
APPLICANT: 
 
 
Complete this notice and send it to the official borough 
newspaper in sufficient time for it to be published at least ten 
(10) days prior to the hearing date.  Retain a copy of the 
completed notice to verify accuracy of notice publication. 
  
 
 
 
LEGAL NOTICE 
 
 
BOROUGH OF BLOOMINGDALE 
 
PLANNING BOARD 
 
TAKE NOTICE that on the______ day of ________,20______, at _____PM,  
                       (date)           (month)    (year) 
a hearing will be held before the Borough of Bloomingdale Planning 
        
Board, in the Borough Hall, 101 Hamburg Turnpike, Bloomingdale, N.J.  
 
07403, on the VARIANCE application of the Undersigned for a variance 
 
from the requirements of the Borough of Bloomingdale Zoning 
 
Ordinance _________________________________________________________ 
 
                  (list the ordinance) 
to permit the following: (give full description) 
____________________________________________________________________ 
____________________________________________________________________ 
____________________________________________________________________ 
 
 
The applicant's property is designated on the Borough Tax Maps 
 
as Block________, Lot___________, and is located at: _______________ 
 
___________________________________________Bloomingdale, N.J. 07403. 
             (Street Address) 
The application and plans are on file in the office of the Municipal  
 
Clerk and are available for inspection during regular business hours.   
 
 
Any interested party may appear at the hearing and participate 
therein. 
 
 
 
 
 
 
 
 
  
     ___________________________________ 
                                   (Applicant’s signature)  


Amended Feb. 15, 2007 
Page 3 of 7 
 
APPLICANT: 
 
Complete this affidavit, have it notarized and attach the 
following:  
1. A copy of the notice to the property owners within 200 feet;  
2. A copy of the notice to the official Borough newspaper;  
3. The certified list of property owners received from the tax assessor;  
4. The original receipts (white) for the certified mail with postal stamp 
showing date of mailing. 
 
Submit the above to the Planning Board Secretary no later than noon 
of the hearing date. 
  
 
 
BOROUGH OF BLOOMINGDALE 
 
PLANNING BOARD 
 
AFFIDAVIT OF PROOF OF SERVICE 
 
STATE OF NEW JERSEY     ) 
                          SS: 
COUNTY OF PASSAIC       ) 
 
__________________________, of full age, being duly sworn, upon  
 
his/her oath, deposes and says that he is the applicant (or agent or  
 
attorney of the applicant) in an application before the Bloomingdale  
 
Planning board, relating to the premises shown on the Bloomingdale  
 
Tax Map as BLOCK_______, LOT________, and that he gave notice, of  
 
which a true copy is attached hereto, by (certified mail) and/or  
 
(personal service) to each and every property owner whose name  
 
appears upon the certified list of property owners within 200 feet  
 
of the subject property, supplied by the Borough Tax Assessor's  
 
Office, at least ten (10) full days prior to the hearing date. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
______________________________ 
 
 
 
 
 
 
 
 
Signature of Applicant/Agent/Attorney 
 
 
 
 
 
 
 
        
DATED:_______________ 
 
 
 
 
 
SWORN AND SUBSCRIBED TO BEFORE ME THIS 
__________ DAY OF ________, 20______. 
   (day)              (month)      (Year) 
 
Notary: _____________________________________ 
 
  ______________________________ 


Amended Feb. 15, 2007 
Page 4 of 7 
 
FORM OF NOTICE: This is to be served upon all property owners within TWO HUNDRED 
FEET (200 ft.) of premises, at least TEN (10) days prior to date of hearing. 
 
OWNER OF PREMISES:__________________________________________________________ 
 
ADDRESS OF PREMISES: _______________________________________________________ 
 
Please Take Notice: 
 
That the undersigned has appealed to the Planning Board of the 
Borough of Bloomingdale for a variance from the terms of the Zoning 
Ordinance (list Ordinance) _________________________, so as to 
permit: 
_____________________________________________________________________________ 
_____________________________________________________________________________ 
_____________________________________________________________________________ 
_____________________________________________________________________________ 
_____________________________________________________________________________ 
_____________________________________________________________________________ 
ON THE PREMISES: BLOCK__________LOT___________ 
 
ALSO KNOWN AS:  (COMMONLY KNOWN STREET ADDRESS)______________________________ 
 
_____________________________________________________________________________ 
 
which is within 200 feet of property owned by you. 
 
 
A public hearing has been ordered for ________ of  __________, 20________ 
 
 
 
 
 
 
    (day)          (month)          (year) 
at_______ PM in the Municipal Building, 101 Hamburg Turnpike, Bloomingdale,  
 
New Jersey 07403, at which time you may appear either in person, or by agent,  
 
or attorney, and present any objection which you may have to the granting of  
 
this appeal. The application and plans are on file in the office of the 
 
Municipal Clerk and are available for inspection during business hours. 
 
 
The applicant, by order of the Planning Board sends this notice to you. 
 
 
 
 
 
 
 
 
 
Respectfully, 
 
 
 
 
 
 
 
Applicant's Signature _________________________ 
 
 
 
 
 
 
Print or type name: ___________________________ 
 
 
 
 
 
 
 
Address: ________________________________ 
 
 
 
 
 
 
 
______________________________Zip:_______ 
 


Amended Feb. 15, 2007 
Page 5 of 7 
 
 
 
 
 
 
 
Telephone:_______________________________ 
 
 
 
 
 
 


Amended Feb. 15, 2007 
Page 6 of 7 
 
 
PLANNING BOARD 
 
 
BOROUGH OF BLOOMINGDALE 
 
APPLICATION FOR APPROVAL FOR: BULK _____  USE_____ VARIANCE (please check one). 
 
 
15 COPIES OF THIS APPLICATION FORM MUST BE FILED WITH SECRETARY OF 
PLANNING BOARD 15 DAYS BEFORE THE REGULAR MEETING OF THE PLANNING BOARD. 
 
If additional space is needed to answer the items below, please use reverse 
side. (Application number and filing date will be recorded by Planning Board Secretary). 
 
Application Number___________ Date filed _______ of  _____________20_______ 
 
 
 
 
 
 
      (day)          (month)          (year) 
Application is hereby made to the Planning Board for a ____________VARIANCE 
 
 
 
 
 
 
 
 
 
  (Bulk or Use) 
 approval for the property listed below:(applicant fills out the following).  
 
1.  Name and Address of Applicant: 
 
Name:____________________________ Telephone: ______________________  
Address:___________________Cell-Phone:______________Fax:____________ 
City_______________ State___ Zip__________ E-Mail___________________ 
 
2.  Name and Address of Owner: (if other than applicant) 
 
Name:____________________________ Telephone: ______________________  
Address:___________________Cell-Phone:______________Fax:____________ 
City_______________ State___ Zip__________ E-Mail___________________ 
 
3.  Interest of Applicant if other than Owner:__________________________________ 
 
________________________________________________________________________________ 
 
4.  Title and location of property: ____________________________________________ 
 
________________________________________________________________________________ 
 
5.  Size of Lot, in acres and square feet:______________________________________ 
   
6.  Borough Tax Map: Page/Sheet # ____ Block (s) __________  Lot (s)___________ 
 
7.  Street Number:______________________ 
 
8.  Zone District:______________________ 
 
9.  Name and address of person preparing drawings. 
Company: ___________________________________________________________ 
Name:____________________________ Telephone: ______________________  
Address:___________________Cell-Phone:______________Fax:____________ 
City_______________ State___ Zip__________ E-Mail___________________ 
 
10.Please check one (1) of the following: 
 
TYPE  
DESCRIPTION 
 
_____A 
 
This is an appeal alleging error in (an order), (a 
requirement), (a decision), (a refusal) of the construction Official 
based upon or made in the enforcement of the Zoning Ordinance.  


Amended Feb. 15, 2007 
Page 7 of 7 
 
(Please attach the Construction Official’s letter to this 
application). 
_____B 
This is a request for: 
1. 
A special exception or special use. 
2. 
An interpretation of the Zoning Map. 
 
_____C 
BULK VARIANCE – This is an application for a Variance (based upon 
hardship) from the strict application of the Zoning Ordinance, but 
no permission is sought for allowance of a use where such use is not 
a permitted principal or a permitted accessory use. 
 
_____D 
USE VARIANCE – This is an application for a Variance where 
permission is sought to allow a use (or the continuance of a use) 
where such use is not a permitted principal use or a permitted 
accessory use. 
 
11.If 10 A has been checked, indicate: 
 
A. 
The reason (s) why such action is erroneous: _______________________ 
 
 
____________________________________________________________________ 
 
 
____________________________________________________________________ 
  
B. 
The date of the Construction Official’s action: ____________________  
 
C. 
The nature of the Construction Official’s action: __________________ 
 
 
____________________________________________________________________ 
 
12.If 10B (1) has been checked, indicate the special exception or special Use 
 
requested: 
 
__________________________________________________________________________ 
 
 
__________________________________________________________________________ 
 
13.If 10B (2) has been checked, indicate the nature of the interpretation of 
 
 
the Zoning Map:___________________________________________________________ 
 
 
__________________________________________________________________________ 
 
14.If 10C has been checked, indicate whether the Variance is special because of: 
 
 
______ 
Exceptional narrowness of the existing lot 
 
 
______ 
Exceptional shallowness of the existing lot 
 
 
______ 
Undersized Lot 
 
 
______ 
Unusual shaped lot 
 
 
______ 
Exceptional topographical conditions; give description: ______ 
 
 
__________________________________________________________________________ 
 
 
______ 
Other; describe: _____________________________________________ 
 
 
__________________________________________________________________________ 
 


Amended Feb. 15, 2007 
Page 8 of 7 
 
 
__________________________________________________________________________ 
 
 
15. Has there been any previous appeal, request or application in connection 
with the subject premises to ANY Board, Commission or to the Governing body of 
the Borough of Bloomingdale?  _______.  If yes, state the nature of said matter, 
the date of filing, application number and its disposition.  If there was a 
memorializing resolution, please provide 3 copies with this application. 
________________________________________________________________________________ 
 
________________________________________________________________________________ 
 
________________________________________________________________________________ 
 
16.List section(s) of the Zoning Ordinance that affect this application (see 
Letter of Denial): 
 
________________________________________________________________________________ 
 
 
  
________________________________________________________________________________ 
 
17. State nature (if not stated above) of variance or appeal requested: ________ 
 
________________________________________________________________________________  
 
18.State reason (s)(if not stated above) why the Planning Board should grant 
this application: 
 
________________________________________________________________________________ 
 
________________________________________________________________________________ 
 
Signature of Applicant:_________________________________________________________ 
 
If Applicant is not Owner of Subject Premises, the Owner shall sign consent 
below or file with this application a letter signed by the Owner and notarized 
consenting to the Application. 
 
The foregoing Application is hereby consented to this _____ of  _______20_______ 
 
 
 
 
 
 
                    (day)      (month)    (year) 
 
Signed by the Owner of Subject Premises :_______________________________________ 
________________________________________________________________________________ 
 
I hereby depose and say that all of the above statements and statements made or 
information provided in other documents submitted herewith are true. 
 
Signed by the Owner of Subject Premises :_______________________________________ 
 
DATED:_______________ 
 
 
 
 
SEAL: 
 
 
 
 
 
 
SWORN AND SUBSCRIBED TO BEFORE ME THIS 
__________ DAY OF ________, 20______. 
   (day)              (month)      (Year) 
 
Notary: _____________________________________ 
 
  ______________________________ 
 
 
Where an appeal is granted, the necessary permits for the work approved by such 


Amended Feb. 15, 2007 
Page 9 of 7 
 
Appeal shall be applied for within ninety (90) days from the date of the final 
action of the Planning Board.  Upon failure to comply, such approval by this 
Board shall expire and become void.  
 
When seeking a variance, keep the following ordinance in mind. 
 
FROM THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BLOOMINGDALE : CHAPTER 
XXXIII  LAND USE PROCEDURES. 
 
33-4.10  Expiration of Variance. 
       Any variance from the terms of this chapter hereafter granted by the Zoning 
Board of Adjustment permitting the erection or alteration of any structure or 
structures, or permitting a specified use of any premises shall expire by limitation 
unless such construction or alteration shall have been actually commenced on each 
and every structure permitted by the variance or unless such permitted use has 
actually been commenced, within one (1) year from the date of entry of the judgment 
or determination of the Board of Adjustment; except, however, in the case of a use 
variance which also involves a subdivision or site plan approval, the variance shall 
extend for the full period of preliminary approval [i.e. three (3) years], and except, 
however, that the running of the period of limitation herein provided shall be tolled 
from the date of filing an appeal from the decision of the Board of Adjustment to the 
Governing Body, or to a court of competent jurisdiction, until the termination in any 
manner of such appeal or proceeding. (1966 Code § 39-29; Ord. No. 2-77)