Ordinance 2478: Correcting A Typographical Error

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Published: March 1, 2017 @ 6:00 AM EDT

An ordinance has been introduced to correct a typographical error brought up during the borough’s master plan review last year.

The Municipal Land Use Board (MLUB), in a master plan report, presented several recommendations to council to improve Roselle Park’s land use laws. One of them was a longstanding typographical error in borough code 128-107.6.A.(1). It incorrectly lists a minimum area coverage for bulk regulations as a maximum.

Even though it is a simple word change, the ordinance is needed to prevent any litigation that might arise from a ‘letter of the law’ defense that could be used in any legal proceeding.

This is – hopefully – the first of numerous actions to be taken by the municipal governing body to address the recommendations from the MLUB’s master plan review (link).

Ordinance 2478 is scheduled to be voted on at the March 2nd Mayor & Council meeting to be held at borough hall, located at 110 East Westfield Avenue.

The full text of the ordinance is available below:


ORDINANCE NO. 2478
AN ORDINANCE AMENDING CHAPTER XL SECTION 40-2703 OF THE CODE OF THE BOROUGH OF ROSELLE PARK ENTITLED BULK REGULATIONS (For Planned Development District)

     ;BE IT ORDAINED by the Mayor and Council of the Borough of Roselle Park, County of Union and State of New Jersey that Chapter 40, Section 40-2703 be and is hereby amended as follows:

SECTION 1:
40-2703 BULK REGULATIONS
A. All permitted uses except townhouses, senior citizen housing, and assisted living facilities:
     1. Minimum lot area: eighty thousand (80,000) square feet.
     (1980 Code § 128-107.6; added by Ord. No.: 1976)

SECTION 2:
If any section or portion of a section of this Code shall be invalid for any reason, such invalidity shall not affect the validity of the remaining sections or portions of this Ordinance.

SECTION 3:
All ordinances or parts of ordinances, to the extent that they are inconsistent herewith, are hereby repealed.

SECTION 4:
This amendment to the Code of the Borough of Roselle Park shall become effective upon publication and in accordance with law.