[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.]
GENERAL REFERENCES
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]
