ORDINANCES
An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been established to provide local government to a population in a defined area. Ordinances govern matters not already covered by state or federal laws such as zoning, safety and building regulations.
The term "ordinance" means and includes any act or regulation of the Governing Body of any municipality required to be reduced to writing and read at more than one meeting and published. [N.J.S.A. 40:49-1]
First Reading/Introduction
1. Written document
2. Read by title only
Legal Advertising
1. Publish in the legal newspaper of the municipality at least one (1) week prior to the scheduled public hearing date.
2. The following ordinances are exceptions and must be published in the legal newspaper of the municipality at least ten (10) days prior to the scheduled public hearing date:
a. Local Improvements contemplating assessments;
b. The establishment or change of grades of any street, highway, lane, alley or portion thereof;
c. Vacation of any street, highway, lane, alley or portion thereof;
d. Vacation of any public place that has not been accepted or opened;
e. Zoning ordinances and their amendments.
3. When calculating advertising date, the date of publication is not counted/date of hearing is counted.
4. Ordinances may be published by title instead of in full, with a clear and concise statement prepared by the Municipal Clerk setting forth the purpose of the ordinance, the time and place when and where a copy of the ordinance can be obtained without cost by any member of the general public who wants a copy of the ordinance and the date, time and place for further consideration for final passage.
Ordinance Posting
1. Post in a prominent place in the Municipal Building.
2. Copies are made available to the public upon request; fee for copies may be charged pursuant to municipal policy unless ordinance was published by title only.
Public Hearing
1. Public Hearing must be at least ten (10) days after first reading.
2. At the time and place stated in the legal advertisement a public hearing shall be held where all persons interested shall be given an opportunity to be heard concerning the ordinance.
Final Passage
1. Final adoption must be at least ten (10) days after first reading by a roll call vote.
2. Affirmative vote of majority of the Governing Body present in most municipalities; affirmative vote of majority of the full authorized membership of the Governing Body in Faulkner Act municipalities.
3. Notice of Adoption of Ordinance must be published in the municipality's official newspaper.
4. Ordinance must be spread in full in minutes of the Governing Body.
RESOLUTIONS:
A resolution is any act or regulation of the Governing Body that is required to be reduced to writing but which may be finally passed at the meeting at which it is introduced. (N.J.S.A. 40:49-1)