HomeMy Public PortalAboutOrdinance 01:50 ( rb nance
Councilman Presents the following Ordinance Seconded by Councihnan
AN ORDINANCE TO AMEND AND SUPPLEMENT
SECTION 160-26, ENTILED "EXPIRATION OF VARIANCES"
OF CHAPTER 160 (LAND DEVELOPMENT) OF THE
CODE OF THE BOROUGH OF CARTERET
BE IT ORDAINED bythe Mayor and Counsel of the Borough of Carteret, a
municipal corporation in the State of New Jersey, located in MiddIesex County, thereof
as follows:
Section 1. Section I60-26 of Chapter 160 (LAND DEVELOPMENT) of
the code of the Borough of Carteret is hereby deleted in its entirety and replaced
as follows:
160-26 Expiration of Variances.
A. Any variance from the terms of this Chapter hereafter granted
by the Board of Adjustment or Planning Board permitting either
a specified use of any prernises, a specified structure on any
premises, or any setback, buffer or other relief, shall expire by
limitation unless such construction alteration or improvement
shall have actually commenced on each and every structure and
improvement permitted by said variance, or unless such
permitted use has actually been commenced within one (1) year
of the date of adoption of the resolution of the Board of
Adjustment, or the Planning Board, as the case may be.
However, the Board may extend the time period of such
approval for one period of one (1) year. In case of an
application where subdMsion or site plan approval is also
involved, the rights conferred to the applicant bythe approval of
the subdivision or site plan application shall govern the variance
approval.
B. In the event that, during the time period of approval for an
application for development, the applicant 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
NO. 01-50 PAGE
other panyto protect the public health or welfare or bya
directive or order issued by any state agency, political subdivision
or court of competent jurisdiction to protect the health or
welfare and applicant is otherwise ready, willing and able to
proceed with said development the running of the time period of
approval under this Chapter shall be suspended for the period of
time said legal action is pending or such directive or order is in
effect.
Section 2. All ordinances and provisions thereof inconsistent with the
provisions of this ordinance shall be and are hereby repealed as
to the extent of such inconsistencies.
Section 3. If any section, sub-section, part, clause or phrase of this
Ordinance shall be declared invalid by judgment of any court of
competent jurisdiction, this section, sub-section, part, clause or
phrase shall be deemed to be severable from the reminder of this
Ordinance.
Section 4. This Ordinance shall take effect immediately following the
passage and publication as required by law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILM~/~N YES NO NV CB. COUNCILMAN YES NO NV A.B.
FAIFICAS × RIOS x
OHINONFS x SANIORO
X
RFIMAN x SOHAYDA x
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough ofCarteret, N.J., on DECFI"IFIFR ~, ~J]rJJ
Adopted on second reading after hearing on Deeomhor ?0.
MAYOR
MUNICIPAL CLERK