A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
Wherever the requirements of this chapter differ from the requirements
of another ordinance, the provisions of that ordinance which impose
greater restrictions upon the use of buildings or require larger yards
or other open spaces shall govern.
B.
In the event of any conflict in the terminology of any section of
part thereof, or between different sections of this chapter, the more
restrictive provisions shall control.
A.
Should any section or provision of this chapter be decided by any
court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance as a
whole or any part thereof other than the part so decided to be unconstitutional
or invalid. The City Council hereby declares that it would have passed
this chapter and each section and subsection thereof, irrespective
of the fact that any one or more parts, subsections, sentences, clauses
or phrases may be declared unconstitutional or invalid.
B.
Should this chapter in its entirety be decided by any court of competent jurisdiction to be unconstitutional or invalid, Part 4, Zoning, of this chapter of the City of Englewood, including all amendments thereto, as it existed immediately prior to the adoption of this chapter, shall be deemed to have remained in effect.
All ordinances or parts thereof either inconsistent with the
provisions hereof or with the provisions of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., are hereby repealed to the extent
of such inconsistency.
Any matter specifically required to be provided for by the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and not otherwise
provided for herein, is hereby incorporated by reference and made
a part hereof.
If any section, sentence, clause or other provision of this
chapter, or the application thereof to any person or circumstance,
is for any reason adjudged by a court of competent jurisdiction to
be invalid, such judgement shall not effect, impair or invalidate
the remainder of this chapter.
All applications for development made pursuant to any land use
ordinance or regulation in effect prior to the effective date hereof
may be continued pursuant to the provisions of said prior ordinance
or regulation, provided that the procedural provisions of the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., shall be adhered to in the
processing thereof following the effective date of this chapter to
the maximum extent practicable.
[Amended 3-14-2006 by Ord. No. 06-04]
Any person violating any provision of this chapter shall be
subject to a fine not to exceed the sum of $1,250 and/or imprisonment
for a term not to exceed 90 days and/or community service for a period
not to exceed 90 days. A separate violation shall occur for each day
upon which a violation exists or continues.
