A comprehensive ordinance regulating and limiting
the uses of land, the uses and locations of buildings and structures;
regulating and restricting the height and bulk of buildings and structures
determining the area of yards and other open spaces; regulating and
restricting the density of population; dividing the Township of Lower
into districts for such purposes; adopting a map of said Township
showing boundaries and the classification of such districts; establishing
rules, regulations and standards governing the subdivision of land
within the Township; 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 the Township of
Lower."
This chapter is adopted pursuant to N.J.S.A.
40:55D-1 et seq., in order to promote and protect the public health,
safety, morals and general welfare, and in furtherance of the following
related and more specific objectives:
A.
To secure safety from fire, flood, panic and other
natural and man-made disasters;
B.
To provide adequate light, air and open space;
C.
To ensure that the development of the Township of
Lower does not conflict with the development and general welfare of
neighboring municipalities, the county and the state as a whole;
D.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, and preservation of the environment;
E.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
F.
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;
G.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight;
H.
To promote a desirable visual environment through
creative development techniques and good civic design arrangements;
I.
To promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land;
J.
To encourage senior citizen community housing construction
consistent with provisions permitting other residential uses of a
similar density in the same zoning district; and
K.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and fostering the most
efficient use of land.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules or regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed or required by this
chapter, the provisions of such other laws, rules, regulations or
restrictions shall control.
[Amended 7-6-2021 by Ord. No. 2021-13; 11-15-2021 by Ord. No. 2021-20]
All uses not expressly permitted in this chapter
are prohibited. Prohibited uses shall also include the following classes
of cannabis licenses created pursuant to the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A.
24:6I-1 et seq.:
All applicable requirements shall be met in
the time of erection, enlargement, alteration, moving or change in
use of the principal use and shall apply to the entire structure or
structures whether or not the entire structure or structures were
involved in the erection, enlargement, alteration, moving or change
in use.
