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Frelinghuysen Township
City Zoning Code

SECTION 100

Title and Purpose

§ LDO-101 TITLE.

[Ord. #99-10]
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; implementing the housing requirements mandated by the "Mt. Laurel II" Supreme Court Decision; dividing the Township of Frelinghuysen into districts for such purposes; adopting a map of said Township showing boundaries and the classification of such districts; establishing rules, regulations and standards governing the subdivision and development of land within the Township; establishing a Planning Board and a Zoning Board of Adjustment; and prescribing penalties for the violation of its provisions.
Notwithstanding any of the regulations published in this Code, for all development applications are required to conform to all other applicable Federal, State, County and municipal regulations. Specifically, it should be noted that the State of New Jersey has adopted the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). These standards govern and supersede municipal regulations as they pertain to streets, roads, parking facilities, sidewalks, drainage structures, grading and utilities undertaken or installed in connection with residential development or use.

§ LDO-102 SHORT TITLE.

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

§ LDO-103 PURPOSE.

The Ordinance is adopted pursuant to 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:
To secure safety from fire, flood, panic, and other natural and man-made disasters;
To provide adequate light, air and open space;
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;
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;
To encourage an appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
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;
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 would result in congestion or blight;
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
To 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;
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;
To encourage senior citizen community housing construction;
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources;
To provide for the growth of the Township in such a way that its open character and natural beauty is preserved to as large an extent as possible;
To promote a land use pattern that is in harmony with the environmental features of the Township;
To provide self-sufficient residential development that is in line with the Township's housing needs;
To provide adequate and convenient commercial development to serve the Township's needs;
To encourage new jobs in the community through light industrial development; and
To provide through adequate planning, community facilities such as schools and parks that will meet the need of existing and projected population.

§ LDO-104 INTERPRETATION OF STANDARDS.

The provisions of this ordinance shall be held to be minimum requirements. Where this ordinance 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 ordinance shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this ordinance, the provisions of such other laws, rules, regulations or restrictions shall control.

§ LDO-105 PROHIBITED USES.

All uses not expressly permitted in this ordinance are prohibited.

§ LDO-105.1 Cannabis Businesses Prohibited; Exception; Limitation on Total of Number of Licenses in Township.

[Added 8-18-2021 by Ord. No. 2021-09; amended 2-15-2023 by Ord. No. 2023-04]
A. 
Cannabis cultivation, manufacturing, production, wholesaling, distribution, testing, retail and delivery facilities are prohibited in all zone districts, except that cannabis cultivation and manufacturing facilities may be allowed in the ROM Research, Office and Manufacturing District as a conditional use under N.J.S.A. 40:55D-67 (See § 601P for standards).
B. 
Maximum number of licenses. No more than three total (3) licenses for cannabis cultivation and/or manufacturing shall be issued in the Township, regardless of location. No licensee shall hold more than one (1) license for cannabis cultivation and/or manufacturing. Any license issued by the Township is conditional and contingent upon the licensee’s receipt of a State license of the same class or type of regulated cannabis activity.
C. 
This Section 105.1 shall not be amended except upon the approval of an ordinance by referendum of the voters of the Township according to law.

§ LDO-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. Moreover, no building or structure shall be erected, moved, altered, added to or enlarged unless in conformity with this ordinance and no building, structure or land shall be used for any purpose or in any manner other than as specified in this ordinance.