502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

Ordinance No. 03-23

Introduced: January 19, 2023
Public Hearing: February 16, 2023
Status: Pending

An Ordinance Amending Section 15-24.F.3.M.1. of Section 15-24.F., VCR-6 Multifamily Inclusionary Zone (VCR-6 Zone), of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph


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 on June 3, 2022 by the Court overseeing the Township's compliance with its affordable housing obligation 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 HEFSP under subsection F.6.b.d(1).b specifically provides "15 affordable rental units from the KAB Mount Freedom Site (Block 224, Lot 5)"; and

WHEREAS, Ordinance No. 26-22, establishing the VCR-6 Zone - which included the KAB Mount Freedom Site - was adopted on September 22, 2022; and

WHEREAS, Compliance Hearings on the terms outlined in the Township's HEFSP were conducted on September 29, 2022 and January 5, 2023 (held virtually); and

WHEREAS, the Township has been directed by the Court and the Special Master to revise Section 15-24.F.3.M.1. of the VCR-6 Zone to refer to affordable "units" instead of affordable "credits"; and

WHEREAS, the Township desires to amend Section 15-24.F.3.M.1. of the VCR-6 Zone as directed by the Court and the Special Master.

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 1. Section 15-24.F.3.M.1. of Section 15-24.F., VCR-6 MULTIFAMILY INCLUSIONARY ZONE (VCR-6 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:

1. There shall be a minimum set-aside of 20% of the total units as affordable units, and in no case less than 15 affordable units provided on-site regardless of the number of market-rate units provided.

SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.

SECTION 4. This Ordinance may be renumbered for codification purposes.

SECTION 5. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST TOWNSHIP OF RANDOLPH

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Lou Nisivoccia, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 03-23

Notice is hereby given that an Ordinance entitled "An Ordinance Amending Section 15-24.F.3.M.1. of Section 15-24.F., VCR-6 Multifamily Inclusionary Zone (VCR-6 Zone), of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph " 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 19, 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 February 16, 2023 at 6 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 15-24.F.3.M.1. of Section 15-24.F., VCR-6 Multifamily Inclusionary Zone (VCR-6 Zone), of Article III, Zoning, of the Land Development Ordinance to refer to affordable "units" instead of affordable "credits" as directed by the Court and Special Master overseeing the Township's compliance with 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 9:00 a.m. and 4:30 p.m.

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