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.
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.