502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 04-18

Introduced: February 15, 2018
Public Hearing: March 1, 2018
Status: Adopted

An Ordinance Authorizing the Execution of a Deed of Restriction Over Block 49, Lots 2 & 3 on the Official Tax Map of the Township of Randolph in Connection with the State House Commission Approval of the Township of Mendham’s Diversion Application (New Jersey Department of Environmental Protection SHC-File #1419002)


WHEREAS, Block 116, Lot 6 in the Township of Mendham, County of Morris, is owned and administered by the Township of Mendham as part of India Brook Park; and

WHEREAS, through the Township of Mendham’s acceptance of Green Acres funding under Green Acres Planning Incentive Project #1419-00-038 and Green Acres Environmental Incentive Project #1419-94-082, Block 116, Lot 6 is encumbered by the New Jersey Department of Environmental Protection (“NJDEP”) as funded parkland with restrictions against disposal or diversion from recreation and conservation purposes (“Green Acres restrictions”); and

WHEREAS, the Township of Mendham filed a State House Commission diversion application (New Jersey Department of Environmental Protection SHC File #1419002) with the Green Acres Program, seeking permission to release from Green Acres restrictions from 3.471 acres +1- of Block 116, Lot 6, including a portion of the Park occupied by existing kennels which would serve as the site for a regional animal control program to be operated by the Township of Randolph, Morris County, and a portion which would be set aside for affordable housing for local volunteer emergency services personnel (collectively, the “Diversion Area”); and

WHEREAS, in order to obtain the approval of the Diversion Application, all substantive and procedural requirements of NJ.A. C. 7:36-26 must be met, including compensation requirements at NJ.A.C. 7:36-26.10; and

WHEREAS, in accordance with the Green Acres statutes and regulations, the NJDEP Commissioner on November 7, 2012 and the State House Commission on December 6, 2012, agreed to release the Diversion Area from the Green Acres restrictions under the terms and conditions set forth in their respective approvals (“the Approvals”) and memorialized in a Green Acres Release and Compensation Agreement (“the Release”); and

WHEREAS, the Township of Randolph is the owner in fee simple of certain property designated as Block 49, Lots 2 & 3 on the Official Tax Map of the Township of Randolph (“Replacement Land”); and

WHEREAS, the Township of Randolph is a “local government unit” authorized to administer, protect, acquire, develop or maintain lands for recreation and conservation purposes pursuant to N.J.A.C. 7:36-2.1, and is thus qualified to hold the Replacement Land in connection with the Diversion Application; and

WHEREAS, as compensation for the removal of Green Acres restrictions from the Diversion Area, the Township of Randolph has agreed to encumber the Replacement Land with permanent Green Acres restrictions and desires to execute a Deed of Restriction that will permanently place those Green Acres restrictions upon the Replacement Land in connection with the Diversion Application.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION 1. The draft Deed of Restriction dated May, 2017, from the Township to the Township, placing permanent Green Acres restrictions upon the property designated as Block 49, Lots 2 & 3 on the Official Tax Map of the Township of Randolph, is hereby approved.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said Deed of Restriction and, together with all other appropriate officers and employees, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.

SECTION3. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 4. If any section, subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 5. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 04-18

Notice is hereby given that an Ordinance entitled “An Ordinance Authorizing The Execution Of A Deed Of Restriction Over Block 49, Lots 2 & 3 On The Official Tax Map Of The Township Of Randolph In Connection With The State House Commission Approval Of The Township Of Mendham’s Diversion Application (New Jersey Department Of Environmental Protection SHC #1419002)” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 15, 2018 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 1, 2018 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose

The purpose of the above Ordinance is to authorize the execution of a Deed of Restriction that will permanently encumber Block 49, Lots 2 & 3 on the Official Tax Map of the Township of Randolph with Green Acres restrictions in connection with a diversion application eliminating Green Acres restrictions upon a 3.471 acres portion of Block 116, Lot 6 on the Official Tax Map of the Township of Mendham (India Brook Park).

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey