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SECTION VI. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 hereof.
DATE:
MAYOR MICHAEL REINA
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 11th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 25th day of January 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.
Diane Festino, RMC
Jackson Township Clerk
ORDINANCE: 05-22
TITLE: AN ORDINANCE REPLACING CHAPTER 244 “LAND USE AND DEVELOPMENT REGULATIONS” ARTICLE III “ADMINISTRATION” SECTION 244-12.J “FEES, MANDATORY DEVELOPMENT FEES” OF THE TOWNSHIP OF JACKSON TOPPROVIDE FOR THE COLLECTION OF DEVELOPMENT FEES IN SUPPORT OF AFFORDABLE HOUSING AS PERMITTED BY THE NEW JERSEY FAIR HOUSING ACT
PUBLIC HEARING OPENED:
NO ONE CAME FORWARD.
MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 05-22 BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING
MOTION TO APPROVE ORDINANCE 05-22 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: SAUICKIE MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING
WHEREAS, In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301, et seq., and the State Constitution, subject to the adoption of Rules by the Council on Affordable Housing (COAH); and
WHEREAS, pursuant to P.L. 2008, c. 46, Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH