Be It Ordained by the Township Committee of the Township of Wantage that Chapter XV of the Revised General Ordinances of the Township of Wantage being the Land Use Procedures Chapter shall be and is amended as follows:

SECTION 1.
Section 15-6(d)(5)(a)2(a) shall be deleted in its entirety.

SECTION 2.
Section 15-6(d)(5)(a)(5) is hereby revised to read as follows:

As a condition of subdivision approval and prior to the chairman and secretary of the Land Use Board signing the plat, the applicant shall make payments as determined under this paragraph d.5(a) for the proposed off-tract improvements to be undertaken at some future date. The monies required for the improvements shall be deposited in an interest bearing account to the credit of the township designated as the road trust fund account until such time as the improvement is constructed. Payments under this paragraph d.5(a) shall be in lieu of any other off-tract road or circulation plan improvements which otherwise might have been imposed. In the event an applicant subsequently challenges the amount and need of such contribution, then the final approvals which were the basis for the contribution are voided requiring a remand to the Land Use Board for further action.

SECTION 3.
Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason by any Court of competent jurisdiction, such provision(s) shall be deemed severable and the remaining portions of this Ordinance shall remain in full force and effect.

SECTION 4.
All ordinances or parts of ordinances or resolutions that are inconsistent with the provisions of this Ordinance are repealed to the extent of such inconsistency.

 SECTION 5.
The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

SECTION 6.
This ordinance shall take effect after publication and passage according to law.

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F. Parker Space, Mayor

ATTEST:

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James Doherty, Administrator/Municipal Clerk

NOTICE is given that this ordinance amendment was introduced and passed upon first reading at a meeting of the Mayor and Township Committee of the Township of Wantage, in the County of Sussex, New Jersey, held on the day of August 11, 2005. It will be further considered for final passage with the proposed ordinance after public hearing at a meeting of the Mayor and Township Committee to be held in the Wantage Township Municipal Building, 888 Route 23, Wantage, New Jersey 07461, on September 29, 2005, at 8:00 o'clock P.M., and copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.

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James Doherty, Clerk