[HISTORY: Adopted by the Township Committee of the Township of Wall 12-10-2003 by Ord. No. 38-2003. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Wall pertaining to land use and development adopted by the Township Committee of the Township of Wall, as revised, codified and consolidated into Chapter 140 and sections thereof by General Code Publishers Corp., and consisting of Chapter 140 of said Code, together with an Appendix, are hereby approved, adopted, ordained and enacted as Chapter 140, "Land use and Development Regulations," of the Code of the Township of Wall.
This ordinance and Chapter 140 of the Code shall supersede the 1977 Revised General Ordinances and all other general and permanent ordinances pertaining to land use and development regulations enacted prior to the enactment of this chapter, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of Chapter 140 in loose-leaf form has been filed in the office of the Township 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 Township of Wall by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine the same during all times while said Chapter 140 is in effect.
Any and all additions, amendments or supplements to Chapter 140, 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 chapter so that reference to the "Land Use and Development Regulations of the Township of Wall" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to Chapter 140 shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said chapter as amendments and supplements thereto.
The Clerk of the Township of Wall, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. Sufficient copies of Chapter 140 shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of Chapter 140 for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the chapter for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing Chapter 140 required to be filed in the Clerk's office for the use of the public. All changes in said chapter and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of Chapter 140 shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Chapter 140 book, at which time such supplements shall be inserted therein.
Copies of Chapter 140 may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Committee. The Clerk may also arrange for procedures for the periodic supplementation of the chapter.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of Chapter 140 or to alter or tamper with such chapter in any manner whatsoever which will cause the law of the Township of Wall 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 $1,250, 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 Chapter 140 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.
All ordinances or parts of ordinances inconsistent with the provisions contained in Chapter 140 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 Township of Wall which is not in conflict with the provisions of Chapter 140 shall be deemed to remain in full force and effect.
The adoption of Chapter 140 and the repeal of ordinances provided for in § 140-5 of this chapter shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any ordinance adopted subsequent to December 10, 2003.
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. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
H. 
The dedication of property or approval of preliminary or final subdivision plats.
A. 
In compiling and preparing the ordinances for adoption and revision as part of Chapter 140 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 Township Committee that all such changes be adopted as part of Chapter 140 as if the ordinances so changed had been previously formally amended to read as such.
B. 
In addition, the following revisions have been made throughout Chapter 140:
(1) 
Statutory references have been amended to consistently use the N.J.S.A. citation form and to update repealed or superseded citations as appropriate by changing them or adding them to the text or footnoting the new statute.
(2) 
References to the "Revised General Ordinances" or to "this Revision" have been changed to the "Code of the Township of Wall" or "this Code."
(3) 
The references to the Department of Environmental Protection and Energy (DEPE) have been changed to Department of Environmental Protection (DEP).