The long title of this Chapter is: An Ordinance to Amend and Supplement an Ordinance Entitled An Ordinance to Limit and Restrict to Specified Districts, and to Regulate Therein Buildings and Structures According to Their Construction, and The Nature and Extent of Their Use in the Township of Mahwah, County of Bergen and the State of New Jersey and To Provide for the Administration and Enforcement Thereof and to Fix Penalties for Violations Thereof' as Amended and Supplemented." (Ord. #574; 1976 Code § 179-1)
This Chapter shall be known and cited as the "Zoning Ordinance of the Township of Mahwah." (Ord. #574; 1976 Code § 179-2)
a. The intent of this Chapter is to establish a precise and detailed plan for the use of land and buildings in the Township, enacted in order to promote and protect the public health, safety and morals and the general welfare of the people.
b. The Zoning Ordinance for the Township shall be viewed as a permissive ordinance. In no instance after the adoption of this Chapter shall any use be permitted in the Township which is not listed as a permitted, accessory or conditional use as specified herein. Any uses not permitted or specified shall be prohibited. (Ord. #574; 1976 Code § 179-3)
Such regulations are deemed necessary to achieve the following purposes:
a. Promote Orderly Development: to protect the character and maintain the stability of all areas within the Township, and to promote the orderly and beneficial development of such areas.
b. Regulate Intensity of Use: to regulate the intensity of use of zoning lots and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property and to protect the public health, safety and welfare.
c. Regulate Location of Buildings and Establish Standards of Development: to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.
d. Prohibit Incompatible Uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
e. Regulate Alterations of Existing Buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
f. Limit Congestion in Streets: to limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
g. Protect Against Hazards: to provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare.
h. Conserve Taxable Value of Land: to conserve the taxable value of land and buildings throughout the Township.
1. Statement of Purpose for PRD-4S Zoning: The purpose of this district (PRD-4S) is to provide legislation which mandates the construction of adult and patio type housing, in an area of the Township which is currently impacted by two (2) diverse development types; that of a trailer park and low density single family homes. The mapped location of the PRD-4S District will function as a transition use between the trailer park and single family homes both in terms of density and building scale. The provision for multiple family housing in this area of the Township is consistent with current Master Plan and Zoning Policy to provide for a multiplicity of housing types appropriately spread or allocated to the several different physical neighborhoods of the Township.
j. Statement of Purpose for Rezoning Lots 1B and 3B Block 32 from R-20 to GI-80: Lot 1B is rezoned to GI-80 from R-20 predicated upon the Master Plan recommendation of the Planning Board. Lot 1B is adjacent to intensive commercial and industrial land uses fronting on Franklin Turnpike and Cedar Hill Avenue. Lot 1B is denuded and is at a lower grade than most all surrounding properties and is ideally suited as a natural drainage/retention area for the surrounding properties, which have been severely flooded in the past and contributed to the continuing flooding problems along the Masonicus Brook and the Mahwah River. The property owners of Lot 1B have proposed a retention pond of six (6) acres to accommodate approximately two hundred fifty (250) acres of adjacent water shed. Lot 3B is rezoned to GI-80 to conform it to its current use.
k. It is the intent of the ML-1 and ML-2 Zone regulations to provide a realistic opportunity for the construction of a variety of housing types for a variety of income levels in the Township, including housing for lower income households; and to encourage the development of such lower income housing, and other housing, by providing specific land use regulations addressing those needs. These regulations are designed to meet the mandate of South Burlington County N.A.A.C.P. vs. Mount Laurel Township, 92 NJ 158 (1983) also referred to herein as Mount Laurel 11. Any provisions of any other ordinance not in conflict with the ML-1 and ML-2 zoning regulations and which imposes higher standards shall be applicable. (Ord. #574; Ord. #815; Ord. #823; Ord. #851; 1976 Code § 179-4)
