10-23

Introduced: March 16, 2023
Public Hearing: April 20, 2023
Status: Adopted

Please note: An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-11 Multifamily Inclusionary Zone (R-11 Zone) and to Rezone Block 44, Lot 13 on the Official Tax Map of the Township of Randolph from the R-8 Zone to the R-11 Zone.

  • Whereas, the Township of Randolph Planning Board adopted the Housing Element and Fair Share Housing Plan of the Township of Randolph Master Plan, dated August 19, 2022, on August 29, 2022; and
  • Whereas, the Housing Element and Fair Share Plan included the mechanisms agreed to in the Settlement Agreement entered into between the Township of Randolph and Fair Share Housing Center ("FSHC"), on August 19, 2021 (hereinafter "Settlement Agreement"), and the Court Order approving same, which was entered by the Court on June 3, 2022 after a properly noticed Fairness Hearing; and
  • Whereas, the Housing Element and Fair Share Plan ("HEFSP") adopted on August 29, 2022 recommends the rezoning of certain properties to permit residential housing with an affordable housing set-aside; and
  • Whereas, the mechanism in Section III of the Housing Element and Fair Share Plan, under subsection F.6.b.d(3).c specifically provides "62 units from the rezoning of Route 10 Sites"; and
  • Whereas, Ordinance Number 27-22, establishing the R-8 Zone - which included Block 44, Lots 8, 9, 10, and 13 - was adopted on September 22, 2022; and
  • Whereas, a Compliance Hearing on the terms outlined in the Township's HEFSP was conducted on September 29, 2022 (held virtually); and
  • Whereas, certain property owners or contract purchasers of property within the newly established R-8 Zone raised objections to the requirements of the Ordinance and objected that such requirements did not present a realistic opportunity for the creation of affordable housing on their properties; and
  • Whereas, the Township has been directed by the Court and the Special Master to provide for a realistic opportunity for the creation of affordable housing for the property located at Block 44, Lot 13 in the Township of Randolph (the "Property"); and
  • Whereas, the Township desires to amend Article III of the Land Development Ordinance of the Township of Randolph to remove the Property from the R-8 Zone and to establish the R-11 Multifamily Inclusionary Zone (R-11 Zone) for the Property, as depicted on the amended zoning map attached hereto as Exhibit A, that will allow for the construction of an inclusionary development on the Property that will assist the Township in satisfying a portion of its affordable housing obligation.

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 15-20.C.1, Purpose, of Section 15-20.C., R-8 Multifamily Inclusionary Zone (R-8 ZONE), in Article III, Zoning, of the Land Development Ordinance of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

  • This zone district and its regulations are intended to provide a realistic opportunity for the construction of multifamily dwelling units that provide an inclusionary set aside for affordable housing of 20%, for the property located at Block 44, Lot 10.

Attest

Donna Marie Luciani, Township Clerk
Township of Randolph

Lou Nisivoccia, Mayor

Legal Notice

Township of Randolph, County of Morris
Ordinance Number 10-23

Notice is hereby given that an Ordinance entitled An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-11 Multifamily Inclusionary Zone (R-11 Zone) and to Rezone Block 44, Lot 13 on the Official Tax Map of the Township of Randolph from the R-8 Zone to the R-11 Zone 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 March 16, 2023 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 April 20, 2023 at 6 pm 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 Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to remove the property located at Block 44, Lot 13 in the Township of Randolph ("Property") from the R-8 Zone and to establish the R-11 Multifamily Inclusionary Zone (R-11 Zone) for the Property that will allow for the construction of an inclusionary development on the Property that will assist the Township in satisfying a portion of its affordable housing obligation.

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 am and 4:30 pm.

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