This chapter shall be known as the "Land Use
Ordinance of the Borough of Franklin Lakes."
A.
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.
B.
It is the intent and purpose of this chapter to:
(1)
Encourage action to guide the appropriate use or development
of all lands in the Borough of Franklin Lakes in a manner which will
promote the public health, safety, morals and general welfare.
(2)
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)
Provide adequate light, air and open space.
(4)
Ensure that the development of the Borough of Franklin
Lakes does not conflict with the development and general welfare of
neighboring municipalities.
(5)
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.
(6)
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)
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.
(8)
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 will result in congestion
or blight.
(9)
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
(10)
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.
(11)
Establish orderly and uniform procedures relating
to land use and development regulation.
(12)
Generally achieve and advance the various purposes
of the Municipal Land Use Law (c. 291, P.L. 1975) 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 longer 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.
