A.
The Borough Council of the Borough of Merchantville reserves the
right to amend, change, supplement, modify or repeal any portion of
this chapter, including the Zoning Map. No such amendment, change,
supplement, modification or repeal shall be adopted until after a
public hearing is held thereon by the Borough Council, at which parties
in interest and citizens shall have an opportunity to be heard.
B.
No amendment, change, supplement, modification or repeal of this
chapter shall become effective unless the ordinance proposing same
shall first have been referred to the Planning Board for approval,
disapproval or suggestions. The Planning Board shall make and transmit
to the Borough Council, within thirty-five (35) days of referral,
a report, including recommendations concerning the proposed amendment,
change, supplement, modification or repeal. The Borough Council shall
review the report, including recommendations concerning the proposed
amendment, change, supplement, modification or repeal, and may disapprove
or change any recommendation only by a vote of a majority of its full
authorized membership and shall record in its minutes the reasons
for not following such recommendations. Failure of the Planning Board
to transmit its report within the thirty-five-day period provided
herein shall relieve the Borough Council from the requirements of
this section.
All sections of any ordinance of the Borough of Merchantville
which contain provisions contrary to the provisions of this chapter
shall be and are hereby to the extent of such inconsistency repealed.
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the Camden County Planning
Board as required by law. Thereafter every ordinance proposing an
amendment, change, supplement, modification or repeal of this chapter
shall be filed immediately upon adoption with the Camden County Planning
Board as required by law.
In the event of a protest by owners in or in the vicinity of
a proposed amendment or revision of this chapter, as provided for
in N.J.S.A. 40:55D-63, any proposed amendment, change, supplement,
modification or repeal of this chapter shall not become effective
except by the favorable vote of two-thirds (2/3) of all the members
of the Borough Council.
All applications filed or pending prior to the effective date
of this chapter may be continued.
If the provisions of any Article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order or judgment shall not
affect or invalidate the remainder of any Article, section, subsection,
paragraph, subdivision or clause of this chapter and, to this end,
the provisions of each Article, section, subsection, paragraph, subdivision
or clause of this chapter are hereby declared to be severable.
This chapter shall take effect on ____________________.
[1]
Editor's Note: This chapter was adopted October 24, 1994.
