Ord-08-01

THE TOWNSHIP OF EWING COUNTY OF MERCER, NEW JERSEY ORDINANCE NO. 08-01

1st Reading _________________

Date to Mayor _________________

2nd Reading & Public Hearing _________________

Date Returned _________________

Date Adopted:

Date Resubmitted to Council ___________

_______________________________

Approved as to Form of Legality

Effective Date:

__________________________ Township Attorney

_______________________________

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING AMENDING CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, SECTION 89, TO MODIFY THE METHOD OF APPOINTMENT OF THE MEMBERS OF THE ZONING BOARD OF ADJUSTMENT

First Reading MEMBER

AYE

NAY

ABS

NV

RES

SEC

NV

RES

SEC

Cox Murphy Steinmann Wollert Summiel Second Reading MEMBER

AYE

NAY

ABS

Cox Murphy Steinmann Wollert Summiel

By ____________________________Date _____________Accepted ______Rejected ______ Mayor Reconsidered By Council _________________________________Override Vote YEA ______NAY _____

__________________________________ President of the Council

________________________________ Municipal Clerk

TOWNSHIP OF EWING ORDINANCE NO. 08-01 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING AMENDING CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, SECTION 89, TO MODIFY THE METHOD OF APPOINTMENT OF THE MEMBERS OF THE ZONING BOARD OF ADJUSTMENT

WHEREAS, N.J.S.A. 40:55D-69 requires the governing body to establish by ordinance the method of appointment of board of adjustment members. and WHEREAS, the Courts of New Jersey have interpreted the Faulkner Act to provide that the power to establish the method of appointment to be vested in the Township Council; and WHEREAS, Ewing Code Section 9-1 directs that the Land Development Code controls the powers of the Zoning Board; and WHEREAS, Chapter 15, Section 89 of the Land Development Code sets forth the method of appointment of members of the Zoning Board of Adjustment, which Section inadequately identifies the appointing authority; and WHEREAS, the Township Council desires to amend said Section to provide that the power of appointment of members of the Zoning Board of Adjustment be vested with the Township Council; NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Ewing that Chapter 15, LAND DEVELOPMENT CODE, Section 89, Establishment of the Board of Adjustment, of the Code of the Township of Ewing is hereby amended as follows: Section 1. Chapter 15, LAND DEVELOPMENT CODE, Section 89.1, Membership of the Code of the Township of Ewing is hereby amended as follows: 15-89.1 Membership. A zoning board of adjustment is hereby created pursuant to N.J.S.A.40:55D-69 et seq. consisting of seven (7) regular members and two (2) alternate members, each of whom shall be residents of Ewing Township and be appointed by the Township Council governing body. The members of the heretofore created zoning board of adjustment are hereby reappointed to serve their respective terms. The terms of all new members appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of' regular members, evenly over the first four (4) years after their appointment and, in the case of alternate members, evenly over the first two (2) years after their appointment; provided, however, that the initial term of no regular member shall exceed four (4) years and that the initial term of' no alternate member shall exceed two (2) years. Thereafter, the term of each regular member shall be four (4) years and the term of each alternate member shall be two (2) years. Section 2. Chapter 15, LAND DEVELOPMENT CODE, Section 89.4, Vacancies, of the Code of the Township of Ewing is hereby amended as follows: 15-89.4 Vacancies. Any vacancy on said board occurring other than by expiration of term shall be filled by appointment by the Township Council township committee to serve for the unexpired term of the member whose term shall become vacant. A member may be removed by the Township Council governing body for cause, but only after public hearing, if requested, and other requested procedural due process protections.

Section 3. If any section or part of this Ordinance shall be declared invalid by the judgment of any court or competent jurisdiction, such section or part shall be deemed to be severable from the remainder of this Ordinance. Section 3. law.

This Ordinance shall take effect upon final passage and publication according to

STATEMENT This Ordinance amends the Land Development Ordinance of the Township of Ewing to vest the power of appointment of members of the Zoning Board of Adjustment with the Township Council.