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Section 609.2 provides for a procedural mechanism when the municipality believes there may be a substantive invalidity in its ordinance. In order to invoke those procedural mechanisms, the Township has to pass a resolution. It is a protective measure so that if there is a substantive validity challenge that comes in, the township does not have to entertain that substantive validity challenge during the 180-day period. This will go into effect on July 27, 2026. They looked at the code and cited a couple of different sections they believe may trigger this substantive invalidity. They are Chapter 209 Article 2 Section 5, Chapter 209 Article 4 District Regulations, Article 5 General Regulations and Article 6 Exceptions and Modifications. They have listed all those in this resolution. If this passes this evening, then the township staff will review those cited sections to determine whether there is in fact a validity that needs to be corrected. An ordinance amendment will be prepared and will be brought back to the board for consideration within that 180-day period. This is a protective measure for any substantive validity challenge so if a developer was to bring a substantive validity challenge for any of those sections that are cited, the Township would not have to entertain that. It is just that protective mechanism.

Draft Ordinance - Chapter 209 - Data Centers

Resolution 2026-11

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