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ORDINANCE 14 -2006

 

ORDINANCE AMENDING CHAPTER XVI OF THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM ENTITLED “SUBDIVISION AND SITE PLAN REVIEW”

 

            BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY AS FOLLOWS:

 

SECTION 1.   Subsection 16-3 entitled “Requirement for Site Plan Approval” of the Land Use Ordinance of the Township of Mendham is hereby amended in its entirety to read as follows:

 

            16-3 Requirement for Site Plan Approval

 

            Site plan approval shall be applied for and granted prior to the issuance of a           construction permit of any new building or structure or any addition to or            alteration of an existing building or structure whenever the use of the building or          structure will be for any of the following uses in accordance with this ordinance: 

 

            conditional use;

            institutional use;

            commercial use in the B Neighborhood Business District;

            public utility use;

            agricultural or horticultural use;

            private recreation club;

            conventional multi-unit housing;

            limited income multi-unit housing;

            any non-residential use permitted by variance; or

            planned development, including residential cluster.

 

Site plan approval shall also be applied for and granted prior to the issuance of a new certificate of occupancy whenever there is any change in the nature of the use of a building or structure or part thereof and the new use is one of the uses enumerated in this subsection.

 

SECTION 2.  If any section, paragraph, sentence, phrase or other part of this ordinance shall be voided by any State law, rule or regulation or shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such State law, rule or regulation, or such court judgment, as the case may be, shall not affect, impair or invalidate the remainder of this ordinance but shall be confined to the section, paragraph, sentence, phrase or other part of this ordinance directly involved. 

 

SECTION 3.   This ordinance shall take effect after final passage and publication pursuant to law. 

 

Adopted:   May 23, 2006

 

Attest:                                                              TOWNSHIP OF MENDHAM , IN THE

                                                                                    COUNTY OF MORRIS

_____________________________              By_____________________________

Penny Newell , Township Clerk                                   Richard H. Krieg, Mayor

 

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