Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower 12-10-1975 as Sec. 4-3 of the 1975 Code. Amendments noted where applicable.]
Land development — See Ch. 400.
The Township is a rural, suburban, and seashore area and is rapidly growing as a residential community by reason of a favorable climate, pure air, clean surroundings, peace, quiet, and recreational facilities. The maintenance of such conditions is necessary to the proper development of the Township, its value and ratables, and the health, welfare and economic benefits of its inhabitants. To maintain such conditions, it is necessary reasonably to regulate commercial activities which threaten, or would tend to threaten, such an environment, and thus impede or destroy the orderly growth of the area and the welfare of its people. The laws of New Jersey have granted police powers inherent in the state to municipalities for this and other proper purposes.
No factory, plant, processing establishment, or business dealing with the wholesale storage or distribution of food, fertilizer, chemicals, explosives, or like materials or operating any heavy industry, or any plant which shall create or tend to create abnormal noise, smoke, noxious odors, or other conditions detrimental to the health, welfare and peace of the Township or its inhabitants shall hereafter be built or operated, without first obtaining a license to so build or operate granted by resolution of the Township Committee. No such license shall be granted if the Township Committee is not fully satisfied that such plant will not create abnormal noise, smoke, noxious odors, or other conditions detrimental to the health, welfare and peace of the Township or its inhabitants.
Any person or corporation desiring to build or operate any such plant shall make application in writing to the Township Committee, accompanying such application with adequate blueprints of the proposed building, complete building specifications therefor, and a survey map showing the precise location of the proposed building.
Such application shall likewise disclose the complete nature and process of the work to be undertaken, the product or products to be made, the number of persons contemplated to be employed, and the hours of operation, and such other relevant information as the Committee, or a member thereof, may require.
The Township Committee is authorized to make such investigation of the application as it may deem reasonable and shall, within 90 days, determine whether a license shall be issued. No license shall be refused unless the Township Committee shall determine that the building or operation of the proposed plant will create, or tend to create, abnormal noise, smoke, noxious odors or other conditions detrimental to the health, welfare and peace of the Township or its inhabitants, or tend to impair its orderly growth and economic well-being, and if a license shall be refused, the reasons for such refusal shall be set forth in writing.
Wherever any provision of this chapter shall be in conflict with any present or future Zoning Ordinance of the Township, the provisions of the Zoning Ordinance shall prevail.[1]
Editor's Note: See Ch. 400, Land Development.
Any person violating any provision hereof shall be fined as stated in Chapter 1, Article III, General Penalty. The imposition of such penalty shall not exclude other remedies of the Township to restrain or otherwise proceed against a violation hereof.