AN ORDINANCE AMENDING CHAPTER 24-3.2 OF THE CODE OF THE TOWNSHIP OF MAHWAH TO REZONE LOT 4 AND LOT 5 IN BLOCK 136 FROM INDUSTRY PARK (ip-120) ZONE TO A HIGHWAY BUSINESS (B-40) ZONE.

WHEREAS, Lots 4 and 5 in Block 136, both of which are located on Route 17 South, are presently zoned as Industry Park (IP-120); and

WHEREAS, the owner of Lot 5 in Block 136 has requested that Lot 5 be rezoned to a B-40 Zone; and

WHEREAS, Lots 4 and 5 in Block 136 are located immediately south of an existing B-40 Zone and across the road from an existing B-40 Zone on Route 17 North; and

WHEREAS, by memo dated September 7, 2007 (the "Report"), the Township's Planner, Joseph Burgis, P.P., AICP, has determined that Lot 5 is underutilized and in poor condition and that redevelopment of this underutilized site would represent a benefit to the community; and

WHEREAS, the Township's Planner has concluded that it is appropriate and reasonable to amend the zoning map to rezone Lot 5 in Block 136; and

WHEREAS, based on its review of the Township Planner's Report and the proximity of Lots 4 and 5 to existing B-40 Zones in the immediate area, the Township Council of the Township of Mahwah is desirous of rezoning Lots 4 and 5 in Block 136 from IP-120 to B-40 Zones.

NOW THEREFORE BE IT ORDAINED by the Council of the Township of Mahwah as follows:

1. Section 24-3.2 of the Code of the Township of Mahwah entitled "Zoning Map" is hereby amended to include Lots 4 and 5 in Block 136 in the B-40 Zone District.

2. If any section, subsection, paragraph or subparagraph of this Ordinance is declared invalid for any reason by any Court with proper jurisdiction, that section, subsection, paragraph or subparagraph, shall be deemed severable and such invalidation shall not affect the remaining portions of the Ordinance.

3. All ordinances and parts of ordinances inconsistent herewith are hereby repealed, but only to the extent of such inconsistencies.

4. Upon final adoption of publication, the Township Clerk shall file this Ordinance with the Bergen County Planning Board pursuant to N.J.S.A. 40:5513-16.

5. The zone map in the Township of Mahwah shall be amended to reflect that Lots 4 and 5 in Block 136 be designated as being zoned as B-40.

BE IT FURTHER ORDAINED that this Ordinance shall become effect after final passage, adoption and publication as required by law.

**Webmasters Note: The previous Ordinance amends the zoning map which can be viewed at the Zoning Map link of the town page.