502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 19-10

Introduced: September 7, 2010
Public Hearing: September 30, 2010
Status: Adopted

An ordinance amending Section 15-2.2, 15-11.8 and 15-81.2 of the Land Development Ordinance of the Township of Randolph to Exempt Solar Panels from Site Plan Requirements in Certain Circumstances


WHEREAS, the Municipal Land Use Law 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 (“Township”) desires to amend Sections 15-2.2, 15-11.8 and 15-81.2 of the Land Development Ordinance of the Township of Randolph to exempt from site plan requirements solar panels that are mounted on nonexempt principal or accessory structures when the solar panels are visually obstructed by architectural elements of the structure from all points within 100 feet of the structure on the grade plane of the structure.

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

SECTION ONE. Section 15-2.2, Definitions, of Article I, 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:

Grade Plane means a reference plane representing the average of the finished ground level adjoining a structure at all exterior walls.

Solar Panel means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes a flat plate, focusing solar collectors, or photovoltaic solar cells.

SECTION TWO. Section 15-11.8, Height Exceptions, of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

The height limitations required in each zone district shall also not apply to solar panels when the solar panels do not exceed a height of one and one-half (1.5) feet.

SECTION THREE. Section 15-81.2, Site Plan Exemptions, of Article VI, Development Application Review Procedures, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

C. Solar panels mounted on nonexempt principal or accessory structures, when such solar panels are visually obstructed by architectural elements of the structure from all points within 100 feet of the structure on the grade plane of the structure, are exempt from site plan requirements.

SECTION FOUR. 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 FIVE. This Ordinance may be renumbered for codification purposes.

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

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Trina Ruane Mitsch, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 19-10

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 15-2.2, 15-11.8 And 15-81.2 Of The Land Development Ordinance of the Township of Randolph To Exempt Solar Panels From Site Plan Requirements In Certain Circumstances” 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 7, 2010 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 September 30, 2010 at 8 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 15-2.2, 15-11.8 and 15-81.2 of the Land Development Ordinance of the Township of Randolph to exempt from site plan requirements solar panels that are mounted on nonexempt principal or accessory structures when the solar panels are visually obstructed by architectural elements of the structure from all points within 100 feet of the structure on the grade plane of the structure.

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