Ordinance No. 03-09
Introduced: January 15, 2009
Public Hearing: February 5, 2009
Status: Adopted
An ordinance amending Section 15-41, Accessory Buildings or Structures, of Article IV, Supplementary Zoning, of the Land Development Ordinance of the Township of Randolph to identify the structures permitted in all yards and in side and rear yards that are exempt from minimum yard dimensions
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 Section 15-41, Accessory Buildings or Structures, of Article IV, Supplementary Zoning, of the Land Development Ordinance of the Township of Randolph to identify the structures permitted in all yards and in side and rear yards that are exempt from minimum yard dimensions.
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 15-41, Accessory Buildings or Structures, of Article IV, Supplementary Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:
9. The following structures shall be permitted in all yards, shall be exempt from complying with minimum yard dimensions and shall be regulated as provided elsewhere in this chapter:
a) walls
b) fences
c) utility mains, lines and underground facilities
d) walkways and associated steps and stairs
e) patios
f) flagpoles
g) driveways
h) mailboxes
i) light posts
j) decorative landscaping including ponds
k) structures required to render the ground floor of a residence accessible to a resident with disabilities where no reasonable alternative exists as determined by the administrative officer. Exemption of said structures shall be terminated at such time as a resident with disabilities no longer resides in the residence.
10. The following structures shall be permitted in side and rear yards, shall be exempt from complying with minimum yard dimensions and shall be regulated as provided elsewhere in this chapter:
a) yard and play equipment
b) solid waste and recycling storage area enclosures less than 20 sq. ft.
c) mechanical equipment permitted as of right under applicable zoning regulations for residential structures and for structures and uses incidental thereto.
SECTION TWO. 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 THREE. This Ordinance may be renumbered for codification purposes.
SECTION FOUR. 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 FIVE. This Ordinance shall take effect 20 days after passage and publication as provided by law.
ATTEST
_____________________________
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
_____________________________
Edward A. Metz, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 03-09
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 15-41, Accessory Buildings Or Structures, Of Article IV, Supplementary Zoning, Of The Land Development Ordinance of the Township of Randolph To Identify The Structures Permitted In All Yards And In Side And Rear Yards That Are Exempt From Minimum Yard Dimensions” 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 January 15, 2009 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 February 5, 2009 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 Section 15-41, Accessory Buildings or Structures, of Article IV, Supplementary Zoning, of the Land Development Ordinance of the Township of Randolph to identify the structures permitted in all yards and in side and rear yards that are exempt from minimum yard dimensions.
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