This chapter shall be known and may be cited as the "Land Use
and Procedures Ordinance of the Borough of Wallington."
Immediately upon adoption of this chapter, the Municipal Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with said County Planning
Board copies of all other ordinances of the municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
Ordinances.[1]
A.
The governing body shall enforce this chapter and any regulations
made and adopted hereunder. To that end, the governing body may require
the issuance of specified permits, certificates or authorizations
as a condition precedent to the erection, construction, alteration,
repair, remodeling, conversion, removal or destruction of any building
or structure; the use or occupancy of any building, structure or land;
and the subdivision or resubdivision of any land. The governing body
shall establish an administrative officer and offices for the purpose
of issuing such permits, certificates or authorizations and may condition
the issuance of such permits, certificates or authorizations upon
the submission of such data, materials, plans, plats and information
as are authorized hereunder and upon the express approval of the appropriate
state, county or municipal agencies. The governing body may establish
reasonable fees to cover administrative costs for the issuance of
such permits, certificates and authorizations.
B.
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained, or any building, structure or land
is used in violation of this chapter or other regulation made under
authority conferred hereby, the proper local authorities of the municipality
or an interested party, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of said building, structure or land; or to prevent any illegal
act, conduct, business or use in or about such premises.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter or under any ordinance repealed by this chapter, as the case
may be, shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.[1]
