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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

Cox

Murphy

Steinmann

Wollert

Summiel

Second Reading

MEMBER AYE NAY ABS NV RES SEC

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

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.