About Adopting an Ordinance 

This information is presented as a brief overview of the procedure for adopting an ordinance. There are additional rules to follow in order to adopt a bond ordinance and a land use ordinance which are not covered here.

Consider the definition of an ordinance as found in N.J.S.A. 40:49-1:

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 thereof and published.

Ordinances memorialize the agreed-upon actions of the governing body. Upon final adoption, ordinances are incorporated into the existing laws of the Borough and can be found in the "Borough Code" available on the Internet.

Operating under State Statutes, the governing body of the Borough of Madison follows certain procedures for adopting an ordinance:

• Council may have discussions in the Public and/or Executive Work Sessions about a proposed ordinance. 

• Council consensus may be reached in a Public or Executive Work Session to introduce an ordinance.

• An ordinance may be listed on the Regular Agenda usually two weeks after Council discussion and consensus..  

• An ordinance may be "adopted" after introduction and first reading, which may be by title. The ordinance is now "pending".

• A hearing date is set for a meeting which usually takes place two weeks after introduction and adoption, but may be set for a later date. 

• A "Notice of Pending Ordinance" is published at least 10 days prior to the hearing date.

• A public hearing is held at which time all interested members of the public have an opportunity to be heard.

• After the public hearing, an ordinance may be amended and "finally adopted" if the amendment(s) are deemed not to be significant; or,

• After the public hearing, an ordinance may be amended, the amendments published, and a new hearing date set for consideration of the ordinance as amended; or,

• An ordinance may be "finally adopted" after the public hearing and second reading.

• An ordinance takes effect upon publication after final adoption. 

Additional actions during or after the public hearing of an ordinance may include the following: the public hearing may be continued to another date; the ordinance may be tabled; the ordinance may be withdrawn.

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