Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 19A-1; Ord. No. 765]
Businesses which are not family-oriented and which may have an adverse impact upon family commerce, recreation, education and worship should be encouraged to locate in other communities where there patronage would be more probable and profitable and where their impact would be more acceptable. To identify such businesses before issuing a business license to the same, the Township shall require a study and review of probable impact on the community of any proposed business activity oriented towards serving or attracting a special population of customers and not oriented toward activities reasonably related to the health, education, safety and welfare of the family.
No business use permit shall be issued to any adult bookstore, adult motion-picture theater, adult entertainment cabaret, clinic, abortion clinic, any use not specifically permitted by the Zoning Ordinance[1] or to any proposed business which is determined by the Township Construction Official to be oriented towards serving or attracting a special population of customers or patrons and not oriented toward activities reasonably related to the health, education, safety and welfare of the family, until the proposed business has first prepared and submitted to the Township a community impact statement, as described in subsection 28-2.2 below, provided that the following businesses may be exempt from this requirement:
a. 
Businesses which the Construction Official determines would have an insignificant adverse impact on the community and which are not significantly inconsistent with the purposes of this chapter.
b. 
Any exemption may be appealed to the Council in accordance with subsection 28-3.2.
[1969 Code § 19A-2; Ord. No. 765]
[1]
Editor's Note: See Chapter 45, Zoning.
A community impact statement shall contain, at a minimum, the following elements:
a. 
A detailed description of the proposed business; names and addresses of all owners thereof; the proposed location; a description of the building and facilities; a description of the merchandise or services to be sold or otherwise provided; the proposed hours of operation; a profile of expected customers; the projected market area; and reference to other similar business operations.
b. 
An analysis of the existing business community within a 500-foot radius of the proposed location, including the following factors, at a minimum:
1. 
Types of businesses.
2. 
Profile of customers.
3. 
Market area.
4. 
Economic growth/deterioration.
5. 
Property values.
6. 
Proximity of residential neighborhoods.
7. 
Proximity of schools, churches and public facilities.
c. 
The impact of the proposed business upon the factors described in paragraph b above.
d. 
The impact of the proposed business upon the physical health, mental health and social environment of the Fairfield community.
e. 
Alternative locations for the proposed business and/or alternative business for the proposed location.
[1969 Code § 19A-3; Ord. No. 765]
a. 
A completed community impact statement, together with 20 copies, shall be filed by the applicant with the Construction Official for review by the Township Council. Copies of the same shall be distributed by the Construction Official to the Police Department, Fire Department and Public Works Department and to the Secretary of the Fairfield School Board and to any other parties requesting the same. The Construction Official may assess a charge for the cost of copying any completed community impact statement issued to private parties.
b. 
The Construction Official shall invite comment, to be made within 30 days, on the community impact statement from the above-identified parties. Within 60 days the Construction Official shall make recommendations to the Council on whether the applicant's business use permit shall be granted or denied and/or whether certain steps shall be taken by the applicant to reduce the adverse impacts of its proposed business on the Fairfield community.
c. 
The Council shall then schedule a public hearing for the purpose of considering issuance of the business use permit to the applicant. At the conclusion of the public hearing and any continuances thereof, the Council shall either grant or deny the business use permit or grant the business use permit subject to conditions.
d. 
It shall be valid grounds for the denial of a business use permit if the Council finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter. The possibility of mitigating measures agreed to by the applicant shall be taken into account.
[1969 Code § 19A-4; Ord. No. 765]
a. 
The Council shall maintain continuing jurisdiction to review the business use permits of all businesses which were granted after Council review of that business's community impact statement in order to assure that the public interest is served by the businesses having been issued the same.
b. 
Review proceedings may be initiated in any of the following ways:
1. 
Upon written request of the Mayor or his designee on any of the following grounds:
(a) 
Violation of the Fairfield Code, including but not limited to the Zoning, Subdivision, Building, Plumbing, Mechanical or Fire Codes of the Township;
(b) 
Conducting activities other than as described in the community impact statement;
(c) 
Violation of any condition of the business use permit; or
(d) 
If there has been a material change in the permittee's business activities and/or in the merchandise or services provided to customers, which change may have adverse impact on the community in violation of the goals and purposes of this chapter.
2. 
Upon petition filed with the Township Clerk of not fewer than 25 property owners or tenants or 50% of all of the property owners or tenants within a 300-foot radius of the subject business, stating that the business has a significant adverse impact on the community and is significantly inconsistent with the criteria for family-oriented businesses established by this chapter.
[1969 Code § 19A-5; Ord. No. 765]
a. 
Upon receipt of a request for review proceedings, the Council shall set a date for a public hearing and direct the Clerk to mail the permittee notice.
b. 
The Clerk shall send the permittee notice of the date, time and place of the public hearing by mail to the permittee's business address as stated on its business use permit. Notices shall also be mailed to those persons whose names and addresses appear on the petition, if such was filed.
c. 
After the public hearing, the Council may revoke the business use permit on any of the following grounds:
1. 
The permittee has made a materially false, incomplete or misleading statement in any application for the business use permit or in the community impact statement.
2. 
The nature of the business and/or the character of the surrounding area has so changed such that the business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter.
3. 
There are material violations of the Zoning, Subdivision, Building, Plumbing, Mechanical or Fire Codes of the Township.
4. 
The permittee has failed or refused to comply with any mitigating measures or conditions imposed by the Council.
5. 
Conducting activities other than as described in the community impact statement.
[1969 Code § 19A-6; Ord. No. 765]