[Ord. #585, § 101]
It is the purpose of the Township in adopting
this Land Development Chapter to exercise to the fullest the powers
granted the Township by the State of New Jersey to manage land use
through zoning, subdivision and site plan control, planned unit development
control and through the police power generally. It is the further
purpose of the Township in adopting this chapter to organize and codify
all such powers of land use management into one comprehensive and
cohesive system which will facilitate administration and minimize
procedural difficulties and technical conflicts inherent in separate
ordinances, while providing maximum protection of the public health,
safety, morals and general welfare in accordance with the provisions
of N.J.S.A. 40:55D-2, through the full exercise of the land use management
powers available to the Township.
[Ord. #585, § 102]
The following portions of the Revised Ordinances
of the Township of Bernards, New Jersey (1968) are hereby repealed:
Chapter XI and Chapter XII of the Revised General Ordinances of the
Township of Bernards.
[Ord. #585, § 103]
If any section, subsection or paragraph of this
chapter shall be declared to be unconstitutional, invalid or inoperative,
in whole or in part, by a court of competent jurisdiction, such section,
subsection or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.
[Ord. #585, § 104]
This chapter shall take effect immediately upon
adoption and publication according to law.
[Ord. #1103]
a.
To the extent required by law, the provisions of this
chapter shall be repealed and superseded by any valid regulations,
and amendments thereto, which may be adopted by the Commissioner of
Community Affairs, pursuant to P.L. 1993, c. 32 (N.J.S.A. 40:55D-40.1
et seq.), sometimes known as the "Statewide Site Improvement Standards
Act," establishing statewide site improvement standards, from and
after the effective date of any such standards for amendments.
b.
Notwithstanding the preceding Paragraph a, the provisions of this Chapter 21 shall continue to govern any project which has received preliminary approval on or before the effective date of any such site improvement standards or amendments thereto.
c.
In particular cases affecting specific developments,
the Township Engineer shall have the authority to apply, on behalf
of the Township, for a waiver of any site improvement standard adopted
by the Commissioner if, in the judgment of the Engineer, to adhere
to the standard in the particular instance would jeopardize the public
safety.
