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provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.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[1] 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.
[1]
Editor's Note: Effective date is 1-1-1977.
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.[1] Copies of all amendments to this or any other such land use ordinances shall also be filed with the County Planning Board.
[1]
Editor's Note: See Ch. 358, Subdivision of Land and Ch. 414, Zoning.
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.
A. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, 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 and welfare, the municipal agency shall process such application for development in accordance with this act and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this act or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by the operating of law.