2558-19 Regarding Terms for Zoning Board of Adjustment.pdf

2558-19 AN ORDINANCE AMENDING CHAPTER 25, SECTION 47.2 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (Terms) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: I. PURPOSE The purpose of this ordinance is to update the terms of the appointments to the Township of West Orange Zoning Board of Adjustment to reflect the move of municipal elections from May to November thereby necessitating the need to move the commencement of terms for the members of the Zoning Board of Adjustment from July to January. II. CHAPTER 25, SECTION 47.2 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: 25-47.2 Terms. Each regular member shall be appointed for a term of four (4) years. All terms shall run as of January 1 of the calendar year in which the appointment is made. The terms of the members first appointed pursuant to this section shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment, as determined by the Township Council at the time such initial appointments are made, provided that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed. Each alternate member shall be appointed for a term of two (2) years. All terms shall run from January 1 of the calendar year in which the appointment is made. Alternate members shall be designated by the Chairperson as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4" and shall serve in rotation during the absence or disqualification of any regular member or members. Following a regular member's absence from meetings for eight (8) consecutive weeks, or four (4) consecutive regular meetings, whichever is longer, that regular member's position on the Zoning Board of Adjustment shall be declared vacant following written notice to the Mayor and Township Council provided that the Zoning Board of Adjustment may refuse to excuse absences only with respect to those failures to attend and participate

cant following written notice to the Mayor and Township Council provided that the Zoning Board of Adjustment may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by an alternate member who shall be designated to replace that regular member. (Ord. No. 2357-12 § 25-47.2)

2 III. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. V. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. ROBERT D. PARISI, MAYOR JERRY GUARINO COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: January 8, 2019 ADOPTED: January 22, 2019

3 2258-19 Legislative History This ordinance is drafted to update the terms of the appointments to the Township of West Orange Zoning Board of Adjustment to reflect the move of municipal elections from May to November thereby necessitating the need to move the commencement of terms for the members of the Zoning Board of Adjustment from July to January. In December 2013, the Township Council adopted Ordinance No. 2392-13 which moved non-partisan municipal elections from May to November, this ordinance simply updates the terms of the Zoning Board of Adjustments members to reflect the change. 4817-8250-7386, v. 1