This chapter shall be known as the "Land Use and Development
Ordinance of the Borough of Somerville."
It is the intent and purpose of this chapter:
A.
To encourage action to guide the appropriate use or development of
all lands in the Borough in a manner which will promote the public
health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of Somerville does not conflict with
the development and general welfare of neighboring municipalities.
E.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods and the entire municipality as well as the preservation
of the environment.
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 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 location
of such facilities and routes which 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 historic sites and districts, open
space, energy resources and to prevent urban sprawl and degradation
of the environment, including but not limited to the air, water and
visual environment, through improper use of land.
K.
To encourage diverse types of housing construction.
L.
To establish orderly and uniform procedures relating to land use
and development regulation.
M.
To promote utilization of renewable energy sources.
N.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste.
O.
To encourage sustainable development which improves the quality of
human life while living within the carrying capacity of the supporting
eco-systems. The Borough will promote development that reduce auto-dependency,
employs LEED green building design, uses alternative energy, reduces
greenhouse gas emissions and conserves natural resources.
[Added 8-19-13 by Ord. No. 2422]
P.
To promote green/sustainable business which is any organization that
participates in environmentally friendly or green activities to ensure
that all processes, products, and manufacturing activities adequately
address current environmental concerns while maintaining a profit.
[Added 8-19-13 by Ord. No. 2422]
A.
General applicability. The provisions of this chapter are applicable
to all land use and development within the Borough of Somerville,
except such land use or development as may be specifically exempted
herein or exempted by the operation of law or by court order. The
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare.
B.
Applicability to permits. No zoning permit, building permit, demolition
permit, certificate of occupancy, certificate of continued occupancy
or sign permit shall be issued until all the requirements of this
chapter, any other applicable Borough or State regulations and ordinances,
Planning Board or Board of Adjustment decisions and resolutions, and
necessary resolutions of the Borough Council have been and are fully
complied with.
[Amended 06-16-03 by Ord. 2143]
C.
Conflict with other laws. This chapter is not intended to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other laws or ordinances, except those repealed expressly or by
necessary implication hereby, or to affect any private restrictions
placed upon property by covenant, deed or other private agreement
unless repugnant hereto. Whenever a requirement of this chapter conflicts
with another requirement of this chapter or with the requirements
of any other laws or ordinances, the highest or most restrictive standard
shall apply unless prohibited by law.
D.
Severability. In the event that any section, part or provision of
this chapter shall be held to be unconstitutional or invalid by any
court, such holding shall not affect the validity of this ordinance
as a whole, or any part thereof, other than the part so held to be
unconstitutional or invalid.
