502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 18-19

Introduced: September 5, 2019
Public Hearing: September 19, 2019
Status: Pending

An Ordinance Amending Sections 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey


WHEREAS, the Municipal Land Use Law (“MLUL”) of the State of New Jersey, N.J.S.A. 40:55D-1 et seq. grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and

WHEREAS, the Township of Randolph Board of Adjustment (“Board of Adjustment”) issued an Annual Report recommending certain revisions to the Land Development Ordinance of the Township of Randolph regarding Automobile Service Stations, Porches and Swimming Pools; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Sections 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 of the Land Development Ordinance consistent with the revisions recommended by the Board of Adjustment.

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

SECTION ONE. Section 15-35.3, Automobile service stations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

15-35.3. - Automobile service stations.

  1. Where permitted. Public garages, gasoline service stations and filling stations are permitted as a conditional use in the B-1 and B-2 Zone Districts. No permit for any public garage, gasoline service station or gasoline filling station shall be issued unless and until all the requirements of this Article are met.
  2. Application for permit. Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage, gasoline service station or filling station shall make application therefore in writing to the Planning Board for site plan review as required in Article V of this Chapter. The application and supporting papers or documents shall set forth the following information:
    1. A site plan, drawn to scale, showing the location of the premises and of the building or buildings thereon and the building or buildings to be erected or constructed thereon, the street entrances and exits or driveways, and the precise locations of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto.
    2. The width of the street or streets and of the sidewalk, and paved areas thereon upon which said premises may abut.
    3. The location, nature of construction and present use of all buildings or structures within 300 feet of the lot lines of the premises for which the application has been filed.
    4. If the applicant is a person other than the owner of the premises, the written consent of the owner or owners authorizing the filing of the application.
  3. Required conditions.
    1. Distance from place of public assembly. The nearest lot line of the lot or parcel of land to be used as a public garage or automobile service station, shall be at least 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library, or institution for dependents or children, or any public playground or athletic field.
    2. Mixed use. No part of any public garage, gasoline service station or filling station, where located, shall be used for any other purpose except a convenience store shall be permitted.
    3. Minimum lot area and frontage. The minimum lot size for any lot upon which any public garage, gasoline service station or gasoline filling station is located shall be 25,000 square feet and the minimum street frontage of said lot shall be 150 feet. If a public garage, gasoline service station or gasoline filling station is located on a corner lot, the minimum street frontage on each street shall be 150 feet.
    4. Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which is located a public garage, gasoline service station or gasoline filling station shall have an unrestricted width of not less than 16 feet nor more than 30 feet, shall be located not nearer than 15 feet from any lot line nor 50 feet from any street intersection and shall be designed so that exiting vehicles do not have to back out across any public sidewalk, street, highway, or right-of-way.
    5. Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage, gasoline service station or gasoline filling station shall be paved in accordance with the requirements of Article V, Off-Street Parking and Loading.
    6. Outdoor repair prohibited. On any premises upon which a public garage, gasoline service station or gasoline filling station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed.
    7. [ Sale or display of vehicles. ] Sales and display of vehicles are prohibited.
    8. Setback restrictions. No part of any building used as a public garage, gasoline service station or gasoline filling station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 20 feet of any lot line and the 20 foot free area required hereunder shall at all times be kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
    9. Storage of flammable materials. At any public garage, gasoline service station or gasoline filling station, storage facilities for gasoline, oil, or other flammable materials in bulk over 55 gallons shall be located wholly underground and no nearer than 40 feet from any lot line other than any street sideline. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 25 feet of any street sideline and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building or within 10 feet thereof.
    10. Expansion of existing public garages, gasoline service stations or gasoline filling stations. No permit for the alteration or expansion of any existing public garage, gasoline service station or gasoline filling station shall be issued except under compliance by the applicant with all the provisions of this Chapter.
    11. Pump island canopies. Any public garage, gasoline service station or gasoline filling station may erect single canopy sheltering the pump island(s) located on the premises. Such canopy shall consist of vertical supports and a roof, having all four sides open, and shall comply with the following requirements:
      1. Height. The highest point of the pump island canopy shall not be higher than 25 feet above the ground and, where a principal building other than the canopy is located on the premises, not higher than the highest point of said principal building or structure.
      2. Canopy design.
        1. All pump island canopies shall have pitched roofs (e.g. mansard, hip, gable, etc.) except where technical considerations require a flat roof.
        2. If a principal building other than the canopy is located on the premises, the materials and design of the canopy shall be complementary to the principal building, with particular consideration given to the use of cedar shakes or laminate shingles on roofs and fascia. If no other principal building is located on the premises, the pump island canopy shall be designed in a manner consistent with the scale and character of the area. Materials such as cedar shakes or laminate shingles should be used on roofs and fascia. Consideration should be given to the use of materials such as brick facing to cover vertical supports.
        3. The outside edges of the pump island canopy shall not extend more than ten feet beyond outside edges of the pump island(s) above which the canopy is located. In no event, however, shall the outside edge of a pump island canopy be closer than ten feet to a right-of-way.
        4. Lighting shall be recessed on the underside of the pump island canopy in order to prevent glare onto adjacent properties or streets.

SECTION TWO. Section 15-43, Signs, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:

15-43.22. - Sign regulations for garages and stations

Notwithstanding any other provisions of this chapter, garages and stations permitted herein may display only the following signs which are deemed customary and necessary to their respective business:

  1. One freestanding sign advertising the name of the station and/or the principal products sold on the premises, including any special company or brand name, insignia, or emblem, provided that each such sign shall not exceed 30 square feet in area on each side and shall be placed not less than 10 feet within the property line and no portion of said sign other than supporting members shall be less than 10 nor more than 20 feet above the ground.
  2. No permit for a freestanding pylon sign having a height in excess of 15 feet or an area of 30 feet shall be issued unless two sets of detailed plans of the sign, structure and foundation have been submitted and approved by the planning board. Such plans shall show the wind resistance calculations and shall bear the signature and seal of an architect or professional engineer registered in the state of New Jersey.
  3. Alternatively, but not in addition to the freestanding sign described in a) above, one sign advertising the name of the station and/or the principal products sold on the premises, including any special company or brand name, insignia or emblem, on no more than two sides of one pump island canopy on the premises, provided that each such sign shall not exceed 15 square feet in area and shall not extend above the roofline of the canopy.
  4. Directional signs or lettering displayed over the individual entrance doors or bays, consisting only of the words “washing,” “lubrication,” “repairs,” “mechanic on duty” or other words closely similar in import; provided that there shall be not more than one such sign over each entrance or bay. The letters thereof shall not exceed 12 inches in height, and the total area of each such sign shall not exceed three square feet.
  5. Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of two square feet on each pump.
  6. One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six square feet in area.

SECTION THREE. Section 15-2.2, Definitions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

Porch, open means a roofed structure which is open to the weather at all times, and which contains only handrails between columns; an open porch contains no screens or glass or the structures for holding screens or glass.

SECTION FOUR. Section 15-11, General Provisions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:

15-11.13. - Structures permitted within required yard area.

  1. The following structures are not permitted within the required yard areas unless they meet the following criteria:
    1. Open porches and porticos not over one story high attached to single- and two-family dwellings shall be considered as part of the principal structure and may project into any required yard area, provided that:
      1. Not more than 100 square feet of said structure shall project into the required yard area; and
      2. No portion of any such structure shall be closer than ten feet to any property line as measured horizontally.
      3. The maximum depth of the structure shall be eight feet.

SECTION FIVE. Subsection A.5. of Section 15-41, Accessory Buildings or Structures, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

5. No pool shall hereafter be constructed or installed within a front yard or the required front yard setback whichever is more restrictive.

SECTION SIX. All Ordinances or parts of Ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION SEVEN. This Ordinance may be renumbered for codification purposes.

SECTION EIGHT. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION NINE. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
James B. Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 18-19

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey” 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 September 5, 2019 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 October 3, 2019 at 6:30 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 of Ordinance

The purpose of the above Ordinance is to amend Sections 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 of the Land Development Ordinance consistent with certain revisions recommended by the Township of Randolph Board of Adjustment regarding Automobile Service Stations, Porches and Swimming Pools.

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