AN OR ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, OF THE GENERAL ORDINANCES TO REZONE A PORTION OF BLOCK 40001, LOT B, FROM THE I-2 ZONE TO THE R-1B RESIDENTIAL ZONE
WHEREAS, based upon a review of the good Master Plan Land Use Plan Element, Open Space Plan, existing zoning, and the pattern of existing and future residential and residential development, an area of inconsistency in terms of the zone designation has been identified which should be amended to better reflect the future pattern of development as well as providing additional measures of protection for environmentally sensitive areas; and
WHEREAS, the zone boundary line adjustment pertains to Block 40001, Lot 6, which property fronts on both Astro Place and Franklin Road and would change the rear portion of (Franklin Road) of the subject lot from Industrial (I-2 Zone) to Single-Family Residential (R-1B Zone); and
WHEREAS, the proposed change in land use classification would provide the following benefits.
1. To more appropriately represent the lot size and dimensional characteristics of the existing pattern of industrial development found along Astro Place,
2. To address existing and future vehicle circulation (both car and truck) within this portion of the Township based on line following findings:
a. Between Routes 10 and 46, there are no road weight limits along Franklin Avenue for the existing industrial/business parks (Bridgeview Industrial park, Franklin Industrial Park, and McWilliams Technical Park);
b. Franklin Road from the Franklin Ave intersection has a four (4) ton weight limit;
c. In addition to the vehicle weight limitations, there is a 12'-3" height limit at the railroad bridge;
d. Franklin Road, particularly in the vicinity of the residential neighborhoods contains a narrow cartway (pavement width) and limited shoulder capacity due to the existing pattern of development.
3. To further the objective of identifying and reducing the intensity of development in areas bordering residential neighborhoods, public properties and these lands which contain, or are in near proximity to environmentally sensitive features such as freshwater wetlands, wetland transition areas and flood hazard areas.
4. Advance several purposes of the Municipal Land Use Law (MLUL) including, but not limited to:
a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;
g. 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;
h. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging locations of such facilities and routes which result in congestion or blight;
i. To promote a desirable visual environment through sensitive development techniques and good civic design and arrangements;
j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;
5. Conceal a longstanding oversight concerning the land use (zoning) classification along this portion of Franklin road; and
WHEREAS, the Planning Board has recommended to the Township Council that the portion of Block 40001, Lot 5 as indicated on the attached map be re-zoned from I-2 Industrial to R-1B Single-Family Residential.
NOW, THEREFORE, BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the County of Morris, and State of New Jersey, as follows:
**Webmasters Note: The previous Ordinance amends the zoning map which can be viewed at the zoning map link of the town page.