[HISTORY: Adopted by the Mayor and Council of the Borough
of South Plainfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-31-2017 by Ord. No. 2081]
Pursuant to N.J.S.A. 40:49-4, the land use ordinances of the Borough of South Plainfield of a general and permanent nature adopted by the Mayor and Council of the Borough of South Plainfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 500 through 540, are hereby approved, adopted, ordained and enacted as the "Land Use and Development Code of the Borough of South Plainfield," hereinafter known and referred to as the "Code."
This section omitted.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Land Use and Development Code in loose-leaf form
has been filed in the office of the Borough Clerk and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and, if this ordinance shall be adopted,
such copy shall be certified to by the Clerk of the Borough of South
Plainfield by impressing thereon the Seal of the Borough, as provided
by law, and such certified copy shall remain on file in the office
of the Clerk of the Borough, to be made available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the governing body to make them a part thereof, shall be deemed to
be incorporated into such Land Use and Development Code so that reference
to the "Code of the Borough of South Plainfield" shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Land Use and Development
Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto.
This section is omitted.
It shall be the duty of the Planning/Zoning Board Secretary
or someone authorized and directed by the Municipal Clerk to keep
up-to-date the certified copy of the book containing the Land Use
Development Code required to be filed in his or her office for the
use of the public. All changes in said Land Use Development Code and
all ordinances adopted subsequent to the effective date of this codification
which shall be adopted specifically as part of the Land Use Development
Code shall, when finally adopted, be included therein by reference
until such changes or new ordinances are printed as supplements to
said Land Use Development Code book, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Planning/Zoning Board Secretary upon the payment
of a fee authorized by the Borough. The Planning/Zoning Board Secretary
shall also arrange for procedures for the periodic supplementation
of the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Borough of South Plainfield to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to one or more of the following: a fine
of not more than $2,000, imprisonment for not more than 90 days or
a period of community service not exceeding 90 days, in the discretion
of the Judge imposing the same.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
Except as provided in § 500-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of South Plainfield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Land Use and Development Code and the repeal of ordinances provided for in § 500-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any land use ordinance adopted subsequent to December 5, 2016.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered, prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G.
Any ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the Borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
All currently effective ordinances pertaining to the rat and manner
of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
A.
In compiling and preparing the ordinances for adoption and revision
as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of the Mayor and Council that all such changes
be adopted as part of the Code as if the ordinances so changed had
been previously formally amended to read as such.
B.
In addition, the changes, amendments or revisions as set forth in
Schedule A[1] attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 500-14B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Land Use Volume by a footnote referring to Chapter 500, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-31-2017 by Ord. No. 2081." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
