Whenever a term is used in this chapter which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning set forth in the definition of such term found in
said statute, unless a contrary intention is clearly expressed from
the context of this chapter.
All sections of Chapter
358, Subdivision of Land, and Chapter
414, Zoning, or any other ordinance of the Town of West New York which contains provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.
All applications for development filed prior
to the effective date of this chapter may be continued but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article
IV.
This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the Town of West New York."
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 Municipal Clerk shall also
file with the County Planning Board copies of all other ordinances
adopted by the municipality relating to land use such as but not limited
to zoning, subdivision and site plan ordinances. Copies of all amendments to this or any other such land
use ordinances shall also be filed with the County Planning Board.
Any member of the Planning Board, except for
the Class 1 member, and any member of the Zoning Board of Adjustment,
may, after a public hearing, if one is requested, be removed by the
governing body with good cause shown.
The governing body of a municipality shall enforce
this act and any ordinance or regulation made and adopted hereunder.
To that end, the governing body may require the issuance of specified
permits, certificates or authorization 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; and shall establish an administrative officer and offices
for the purpose of issuing such permits, certificates and authorizations;
and may condition the issuance of such permits, certificates and authorizations
upon the submission of such data, materials, plans, plats and information,
as is authorized hereunder, and upon the express approval of the appropriate
state, county or municipal agencies; and may establish reasonable
fees to cover administrative costs for the issuance of such permits,
certificates and authorizations. 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 act
or of any ordinance or other local regulation made under the 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 act or under any act repealed by this act, 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.