The title of this chapter shall be "A Comprehensive Ordinance Regulating and Limiting the Uses of Land and the Uses and Locations of Buildings and Structures; Regulating and Restricting the Height and Bulk of Buildings and Structures and Determining the Area of Yards and Other Open Spaces; Regulating and Restricting the Density of Population; Dividing Fair Lawn Borough Into Districts for Such Purposes; Adopting a Map of Said Borough Showing Boundaries and the Classification of Such Districts; Establishing Rules, Regulations and Standards Governing the Development of Land Within the Borough, Including Site Planning and Land Subdivision; Establishing a Planning Board and a Board of Adjustment; and Prescribing Penalties for the Violation of Its Provisions."
The short form by which this chapter may be known shall be the "Land Development Ordinance of Fair Lawn Borough."
This chapter is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare. The purposes of this chapter are as follows:
A. 
To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare in the following manner:
(1) 
By regulating the location of buildings and establishing standards of development; establishing building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines; and to fix reasonable standards to which buildings or structures shall conform.
(2) 
By prohibiting incompatible uses; and prohibiting uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
(3) 
By regulating alterations of existing buildings; and preventing such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
(4) 
By conserving the value of land and buildings throughout the Borough.
B. 
To secure safety from fire, flood, panic and other natural and man-made disasters in order to:
(1) 
Reduce public expenditures for emergency operations, evacuations and restorations.
(2) 
Prevent damage to transportation and utility systems.
(3) 
Minimize losses and damages to public and private property due to inundation caused by floodwaters and storm runoff.
(4) 
Restrict structures and land uses which increase flood heights, velocities, erosion and siltation.
(5) 
Prevent to the extent possible an increase in volume and rate of surface runoff due to net gain in development.
(6) 
Prevent further unwise development in floodplains, thus reducing future expenditures for protective measures.
(7) 
Preserve, protect and enhance the natural environment of the floodplain.
(8) 
Maintain the useful life of water detention and retention areas by preventing sedimentation.
(9) 
Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
(10) 
Preserve the recreational use of water bodies and enhance water quality by preventing stagnation.
(11) 
Prevent pollutants from entering streams, rivers and potable water supplies.
(12) 
Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
C. 
To provide adequate light, air and open space.
D. 
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of the neighborhoods, preservation of the environment and quality of life.
F. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
H. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
I. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
K. 
To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
L. 
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
M. 
To provide, within the community's resources, the future housing needs of the citizens of the Borough of Fair Lawn.
N. 
To encourage senior citizen community housing construction.
O. 
To promote utilization of renewable energy sources.
P. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs.
A. 
Where the provisions of this chapter impose greater restrictions than those imposed by any other provisions of law or by other ordinances, regulations or resolutions, the provisions of this chapter shall control. Where the provisions of any other law, ordinance, regulation or resolution impose a greater restriction than those imposed by this chapter, the provisions of such other law, ordinance, regulation or resolution shall control. The terms and conditions of this chapter shall be liberally interpreted in favor of the agency so as to impose the restrictions provided for under this chapter.
B. 
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements established by any law, ordinance, rules or regulation or by deed restriction, private covenant or agreement. Where this chapter imposes a greater restriction or limitation upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot areas or larger yards, courts or other open spaces than are presently imposed or required by existing provisions of law or ordinance, by existing rules, regulations or permits or by covenants or restrictions imposed by deed or private agreements, the provisions of this chapter shall control.
Following the effective date of this chapter, the establishment of any use not expressly permitted by this chapter shall be prohibited.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of a structure or structures or in the use of land and shall apply to the entire structure or structures or lot, irrespective of the proportion thereof that may be involved in the erection, enlargement, alteration, moving or change in use except as set forth in Article IV.
In the construction of this chapter, the present tense shall include the future, the singular number shall include the plural and the plural the singular. The word "shall" is always mandatory. The word "may" is permissive. The words "zone" and "district" are synonymous. The word "used" shall include the words "arranged," "designed" or "intended to be used." The term "he" includes "she." Where used in this chapter, words or terms shall be as defined in N.J.S.A. 40:55D-1 et seq. The hierarchy of definitions shall be as follows: Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), definitions as set forth in this chapter, standard or common meaning as defined in the latest edition of Webster's Dictionary of the English Language.