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Bordentown Township
City Zoning Code

ARTICLE I

Title and Purpose

§ 500-101 Title.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The full title of this chapter shall be: "A Comprehensive Ordinance Regulating and Limiting the Uses of Land and the Uses and Locations of Buildings and Structures; Regulating and Restricting the Height and Bulk of Buildings and Structures and Determining the Area of Yards and Other Open Spaces; Regulating and Restricting the Density of Population; Dividing the Township of Bordentown into Districts Regulated in Order to Accomplish those Purposes; Adopting a Map of the Township of Bordentown Showing Boundaries and the Classification of the Districts; Establishing Rules, Regulations and Standards Governing the Subdivision and Development of Land within the Township; Establishing a Planning Board; and Prescribing Penalties for the Violation of its Provisions."

§ 500-102 Short title.

The short form by which this chapter may be known shall be "The Land Development Ordinance of the Township of Bordentown."

§ 500-103 Purpose.

This chapter is adopted pursuant to the Municipal Land Use Law, 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 the 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 individual municipalities 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, communities and regions 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 in order to meet the needs of all New Jersey citizens;
G. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of facilities and routes which result in congestion or blight;
H. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
I. 
To 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;
J. 
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
K. 
To encourage senior citizen community housing construction;
L. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of development and the more efficient use of land;
M. 
To promote utilization of renewable energy resources; and
N. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement municipal recycling programs.

§ 500-104 Interpretation of standards.

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this chapter, the provisions of the other laws, rules, regulations or restrictions shall control.

§ 500-105 Prohibited uses.

A. 
All uses not expressly permitted in this chapter are prohibited.
B. 
Pursuant to Section 31 of the Act (N.J.S.A 24:6I-45b), all classes of adult-use cannabis establishments are prohibited within the geographical boundaries of the Township of Bordentown, except by the holder of a valid preexisting alternative treatment center permit first issued by the State of New Jersey Department of Health, Division of Medicinal Marijuana, in accordance with the provisions of the Jake Honing Compassionate Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A 18A:40-12.22 et seq.). Any such holder of an existing alternative treatment center permit which has previously received Township approval to operate in such capacity may be allowed to hold a concurrent Class 5 cannabis retailer license subject to the provisions of Chapter 222 and the regulations set forth by the State of New Jersey and its instrumentalities. Delivery of cannabis items and related supplies within the geographical boundaries of the Township of Bordentown by a delivery service operating outside the geographical boundaries of the Township of Bordentown shall be permissible as set forth in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
[Added 6-28-2021 by Ord. No. 2021-08; amended 3-28-2022 by Ord. No. 2022-02]

§ 500-106 Compliance.

All applicable requirements shall be met at the first time of erection, enlargement, alteration, moving or change in use of a structure 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.