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Codes & Documents » Ordinances » Ordinance No. 04-21

Ordinance No. 04-21

Introduced: February 18, 2021
Public Hearing: March 4, 2021
Status: Adopted

An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-7 Single-Family Attached Inclusionary Zone

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, on July 1, 2015, the Township of Randolph (“Township”) filed a Complaint in the matter captioned In the Matter of the Application of the Township of Randolph, Docket No. MRS-L-1640-15 (“DJ Litigation”), seeking a declaration from the New Jersey Superior Court that its Housing Element and Fair Share Plan (“HEFSP”) is constitutionally compliant; and

WHEREAS, LYS Realty Associates, LLC (“LYS”) is the owner of certain real property located in the Township of Randolph, Morris County, State of New Jersey, known and designated as Block 44, Lot 4 on the Official Tax Map of the Township of Randolph (“Property”); and

WHEREAS, LYS is under agreement with Toll Bros, Inc. (“Toll”) to secure development approvals for the Property and thereafter develop the Property with an affordable housing component; and

WHEREAS, LYS, along with Sporn Realty and Management Corp. (“Sporn”), intervened in the DJ Litigation challenging the Township’s satisfaction of its affordable housing obligation, among other things; and

WHEREAS, the property owned by Sporn (Block 44, Lot 48 on the Official Tax Map of the Township of Randolph) is no longer involved in this matter; and

WHEREAS, the Township, LYS and Toll have entered into a Settlement Agreement dated September 24, 2020 resolving all of the differences between them with regard to the DJ Litigation including the development of the Property with an affordable housing component as set forth in an Ordinance rezoning the Property that was attached as Exhibit A to the Settlement Agreement; and

WHEREAS, the Court entered an Order dated December 23, 2020 approving the Settlement Agreement between the Township, LYS and Toll ordering the parties to implement the same; and

WHEREAS, the Township desires to amend Article III, of the Land Development Ordinance of the Township of Randolph to establish the R-7 Single-Family Attached Inclusionary Zone for the Property, as depicted on the amended zoning map attached hereto as Exhibit A, that will implement the terms of the Settlement Agreement and allow for the construction of an inclisionary development 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 ONE. 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:

15-20B. - R-7 SINGLE-FAMILY ATTACHED INCLUSIONARY ZONE (R-7 ZONE)

15-20B.1.- Purpose

This zone district and its regulations are intended to provide a realistic opportunity for the construction of a maximum of 136 townhouse units as part of an inclusionary development with a twenty percent (20%) set aside, with 108 market townhomes and either 27 or 28 affordable units, as determined by developer.

15-20B.2. -Permitted uses

  1. Principal uses.
    1. Townhouse
    2. Stacked townhouse
    3. There may be multiple principal buildings on a lot.
  2. Accessory uses and structures.
    1. Accessory uses customarily incidental to the above principal permitted uses
    2. Recreational facilities for the sole use of the residents and their guests
    3. Fences and walls
    4. Clubhouse for use by residents and their guests, such as but not limited to a club room, fitness room, conference/work areas
    5. Storage building/structure for indoor storage of pool and maintenance equipment
    6. Stormwater basins and structures
    7. Mail kiosk/cluster box unit
    8. Screened storage areas for trash and recyclables
    9. Entrance monument, signage, and decorative guard house with maximum height of 15 feet and maximum area of 60 square feet, and with no access barrier
    10. Off-street parking subject to the Residential Site Improvement Standards (RSIS) New Jersey Administrative Code, Title 5, Chapter 21

15-20B.3.- Area and bulk requirements

  1. Minimum tract area: 35 acres
  2. Minimum building setback from tract boundary: 40 feet.
  3. Minimum setback for decks, patios, and retaining walls from tract boundary: 20 feet
  4. Maximum density: Four dwelling units per gross acre, with no more than 136 total units, consisting of 108 market townhomes and either 27 or 28 affordable units.
  5. Minimum separation between townhouse buildings (excluding patios and decks which may encroach up to 10 feet, porches and stairs which may encroach up to 5 feet, and eaves, chimneys/fireplaces, bay windows and other ornamental architectural features which may encroach up to 3 feet into the required separation).
    1. Front-to-front: 65 feet
    2. Front-to-side: 60 feet
    3. Side-to-side: 20 feet
    4. Side-to-rear: 30 feet
    5. Rear-to-rear: 40 feet
  6. Maximum townhouse building length: 180 feet
  7. Maximum number of units in a structure: 6 units, except 12 units may be provided where there are stacked townhouse units in a structure.
  8. Maximum building height: 45 feet with allowances for stepped foundations along building length. Said measurement shall then apply to each stepped section. Building height for units designed with “walk-out” basements shall be measured from the front facade.
  9. Maximum number of stories: 3 stories
  10. Minimum building setback from curb of internal roadway: 20 feet
  11. Minimum building setback from off-street parking space: 10 feet
  12. Maximum impervious coverage: forty percent (40%) of total lot area
  13. Maximum building coverage: twenty percent (20%) of total lot area
  14. Buffer area:
    1. Pursuant to Section 15-51.4.B, “Buffer dimensional requirements,” proposed multi-family uses abutting any residential zone shall contain a transition buffer twenty (20) feet in width. The buffer area is a portion of the minimum building setback area described above in subsection C.
    2. The buffer shall be vegetated with existing and/or proposed landscaping and may be supplemented by berms. Retaining walls may be placed within the buffer.
    3. Notwithstanding the forgoing, entrance driveways, storm water basins, and utilities shall be permitted within the buffer area.
  15. Recreational and clubhouse facilities shall be subject to the same height and separation requirements as residential uses
  16. Common open space: Open space and amenity areas shall conform to the provisions of the Land Development Ordinance of the Township of Randolph Section 15-78, “Open Space and Recreation,” and Section 15-79, “Site Amenities,” except as specifically provided below:
    1. A minimum of 20% of the total lot area shall be set aside in common open space for active and passive recreation. As to the location of open space, all environmentally constrained land, including wetlands and associated buffers and stormwater management areas, shall be included in the areas set aside as common open space and count toward the overall requirement.
    2. The requirement for developed recreation facilities and active recreation shall be satisfied by provision of a pool area with a minimum of 1,100 square feet and a clubhouse with a minimum of 2,000 square feet.
  17. Signage Requirements
    1. Freestanding signs shall be permitted in accordance with the Land Development Ordinance of the Township of Randolph Section 15-43.4, “Freestanding signs.”
    2. Internal Directional Signs. Any signs reasonably necessary to direct residents, visitors and guests within the development. Directional signs shall be permitted in accordance with the Land Development Ordinance of the Township of Randolph Section 15-43.3, “Design standards and requirements.”
    3. The provisions of Section 15-43.2., “General provisions” of the Land Development Ordinance of the Township of Randolph Section 15-43. “Signs” shall apply.
    4. The provisions of Section 15-43.16 “Signs in Residential Zoning Districts” shall apply.
  18. Market Rate and Affordable Housing Requirements
    1. There shall be a minimum set-aside of 20% of the total units as affordable units, but not less than 27 affordable units.
    2. The developer shall have an obligation to deed restrict the Affordable Units as very low-income, low-income, or moderate-income affordable units for a period of at least thirty (30) years, until such time and under conditions as the Township elects to release the deed restriction, so that the Township may count the Affordable Units against its affordable housing obligation. The deed restrictions shall be recorded with the County Clerk, and a copy of the recorded deed shall be forwarded to the Township Municipal Housing Liaison and Administrative Agent. Any sale of the property or units shall not affect the length or terms of the deed restriction.
    3. The bedroom distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
    4. The income distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3, and shall also provide for a 13% set-aside of very-low income units as part of the income distribution.
  19. Development standards
    1. Roadways shall be designed in accordance with RSIS.
    2. Sidewalks shall be designed in accordance with RSIS and shall at a minimum be required on one side of internal roadways.
    3. Off-street parking and parking design requirements.
      1. Off-street parking shall be provided in accordance with RSIS. Townhouse units shall meet the requirements for 3-bedroom townhouse in RSIS and stacked townhouses shall meet the requirements for 1, 2, or 3-bedroom garden apartment in RSIS.
      2. Off-street parking shall be provided for the clubhouse at a rate of one (1) space per every fifteen (15) housing units approved.
      3. At least one (1) of the two (2) stacked units within a townhouse building shall have a minimum of one (1) garage space. One additional parking space for this unit shall be provided in an associated driveway in front of the garage. The second stacked unit, lacking a garage space, shall have one driveway space, with an additional required parking space provided per RSIS standards within 200-feet of said unit. The additional required parking space shall be dedicated to the unit served and accessible by sidewalk or by crossing the street directly fronting on unit served.
      4. All guest parking shall be within 300-feet of unit served.
      5. Streets, intersections, sight triangles, curbs, sidewalks, driveways and other vehicular or pedestrian traffic circulation measures shall be governed by RSIS. Bicycle lanes and trails shall not be required.
  20. Steep Slopes. Steep slope disturbance shall be permitted pursuant to Ordinance[K1] No. 06-21, amended Section 15-44.8.C
  21. Trees.
    1. Tree removal shall be subject to the Average Tree Density application requirements under Section 15-48, “Tree Removal and Protection,” of the Land Development Ordinance of the Township of Randolph. All trees within environmentally sensitive areas shall be preserved.
    2. Street trees shall be planted at an interval of not to exceed 75 feet.
  22. Site Plan and Building Design Standards. Site plan and building design standards shall conform to the provisions of the Land Development Ordinance of the Township of Randolph Section 15-60, “Site Plan and Subdivision Design Standards,” except as specifically provided below:
    1. Allow for impacts to trees on ridgelines.
    2. Allow for orientation of the majority of roadways other than east/west.
    3. Allow for grouping of units in residential block type layout as opposed to quadrangles, courts, etc.
    4. Allow for testing agency certified 2-hour gypsum area separation wall assembly for the construction of all party walls.
    5. Allow for materials other than brick and quarried stone for the side, rear, and front elevation.
    6. There shall be no minimum percentage requirement for the total area of the front elevation in each group of dwelling units to be faced with brick or stone. If used, stone may be man-made or cultured.
    7. Allow for block lengths in excess of 1,000 feet in length.
    8. Allow for stormwater management design and control to be governed by RSIS.
  23. Lighting. Street lighting shall conform to the type and number supplied and approved by the local utility. Lighting shall be provided at all street intersections, parking stalls/areas and common use areas (such as a clubhouse, community mailboxes, etc.). Lighting intensity measured at ground level shall be provided as set forth:
    1. Street Intersections = 0.3 footcandle (average)
    2. Parking Stalls (on or off-street) = 0.5 footcandles (average)
    3. Common Use Areas = 0.5 footcandles (average)
    4. All other areas = 0.0 footcandles (average)
  24. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other section of Chapter XV, the provisions and requirements of this section shall govern.

SECTION TWO. The Zoning Map of the Township of Randolph, Morris County, New Jersey is hereby amended to reflect the Zoning Map revisions described in this Ordinance and as depicted in the attached Exhibit A entitled, “Zoning Map Revision - R-7 Single-Family Attached Inclusionary Zone.”

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

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

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark H. Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 04-21

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-7 Single-Family Attached Inclusionary 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 February 18, 2021 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 March 4, 2021 at 5 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 Article III, of the Land Development Ordinance of the Township of Randolph to establish the R-7 Single-Family Attached Inclusionary Zone for the Property, as depicted on the amended zoning map attached hereto as Exhibit A, that will implement the terms of the Settlement Agreement between the Township of Randolph, , LYS Realty Associates, LLC and Toll Bros., Inc. and allow for the construction of an inclusionary development 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 9:00 a.m. and 4:30 p.m.

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

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