19-23
Introduced: September 21, 2023
Public Hearing: October 19, 2023
Status: Adopted
Please note: An Ordinance Repealing Section 15-6, Appeals to Governing Body of Article II, Planning Organization and Procedures of the Land Development Ordinance.
- WHEREAS, Section 15-6, Appeals to Governing Body, of the Land Development Ordinance of the Township of Randolph provides that any interested party can appeal any final decision of the Board of Adjustment approving, among other things, a use variance, to the Township Council; and
- WHEREAS, N.J.S.A. 40:55D-17 provides that such appeals from Board of Adjustment decisions to the governing body are discretionary and that a municipality can, but is not required, to adopt an ordinance authorizing such appeals; and
- WHEREAS, the Township desires to repeal Section 15-6, Appeals to Governing Body, of Article II, Planning Organization and Procedures, of the Land Development Ordinance of the Township of Randolph, which authorizes interested parties to appeal final decisions of the Board of Adjustment approving, among other things, a use variance, to the Township Council.
- NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Randolph, County of Morris, and State of New Jersey as follows:
Section 15-6, Appeals to Governing Body, of Article II, Planning Organization and Procedures, of the Land Development Ordinance of the Township of Randolph is hereby repealed in its entirety.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.
This Ordinance may be renumbered for codification purposes.
This Ordinance shall take effect 20 days after passage and publication as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Lou Nisivoccia, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 19-23
Notice is hereby given that an Ordinance entitled "An Ordinance Repealing Section 15-6, Appeals to Governing Body, of Article II, Planning Organization and Procedures, of the Land Development Ordinance of the Township of Randolph" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on September 21, 2023 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on October 19, 2023 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to repeal Section 15-6, Appeals to Governing Body, of Article II, Planning Organization and Procedures, of the Land Development Ordinance of the Township of Randolph, which authorizes interested parties to appeal final decisions of the Board of Adjustment approving, among other things, a use variance, to the Township Council.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey