This chapter shall be known as the "Zoning and Land Development
Ordinance of the Borough of Hawthorne."
It is the purpose of the Borough in adopting this chapter to
exercise to the fullest the powers granted to the Borough by the State
of New Jersey to manage land use through zoning, subdivision and site
plan control, and through the police power generally. It is the further
purpose of the Borough in adopting this chapter to organize and codify
all such powers of land use management into one comprehensive cohesive
system in order to facilitate the administration of land use procedure,
while providing maximum protection of the public health, safety and
general welfare in accordance with the provisions of N.J.S.A. 40:55D-2
et seq. It is the intent and purpose of this chapter to:
A. Encourage action to guide the appropriate use or development of all
lands in the Borough of Hawthorne in a manner which will promote the
public health, safety, morals and general welfare.
B. Secure safety from fire, flood, panic and other natural and man-made
disasters.
C. Provide adequate light, air and open space.
D. Ensure that the development of the Borough of Hawthorne does not
conflict with the development and general welfare of neighboring municipalities,
the county, and the state as a whole, provided that where there is
conflict between Borough and adjoining municipal development patterns
and regulations, the greater deference is to be given to the Borough
planning and zoning provisions in evaluating the propriety of the
Borough provisions.
E. Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
F. Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
G. 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, in order to meet the needs of all citizens.
H. 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. Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
J. Promote the conservation of historic sites and districts, open space,
energy resources and valuable natural resources and to prevent urban
sprawl and degradation of the environment through improper use of
land.
K. Establish orderly and uniform procedures relating to land use and
development regulation.
L. Generally, achieve and advance the various purposes of the Municipal
Land Use Law (P.L. 1975, c. 291) as set forth in the statement of
purposes of said law in N.J.S.A. 40:55D-2.
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically or impliedly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant hereto.
Whenever this chapter imposes a greater restriction upon, including
but not limited to, the use of buildings or premises, or upon the
height of buildings or lot coverage, or requires greater lot area,
or larger yards, or other open spaces than are imposed or required
by such rules, regulations or permits or by such private restrictions,
the provisions of this chapter shall control.