Ordinance No. 05-19

Introduced: February 21, 2019
Public Hearing: March 21, 2019
Status: Adopted

An Ordinance Amending Sections 15-23.2, 15-25, 15-26.2, 15-35.3 and 15-39.5 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

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, the Township of Randolph Planning Board (“Planning Board”) adopted the “Mount Freedom Planning Study Update” which recommended several revisions to the Land Development Ordinance of the Township of Randolph; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Sections 15-23.2, 15-25, 15-26.2, 15-35.3 and 15-39.5 of the Land Development Ordinance consistent with the revisions recommended by the Planning Board in the Mount Freedom Planning Study Update.

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. Subsection A, “Principal permitted uses,” of Section 15-23.2, “Permitted Uses,” of Section 15-23, Limited Village Commercial (LVC District), of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

1. Principal permitted uses.
   1. Retail and service businesses except as specifically prohibited pursuant to 15-23.3.
   2. Restaurants except as specifically prohibited in section 15-23.3.
   3. Business and professional offices.

SECTION TWO. Section 15-25, SS/VO Specialty Shop/Village Office, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

15-25.1. - Purpose.

This zone district is designed to encourage the development of retail and office uses in combination with residential uses where appropriate.

15-25.2. - Permitted uses.

1. Principal uses.
   1. Retail and service businesses.
   2. Business and professional offices.
   3. Banks and fiduciary institutions.
   4. Restaurants, taverns, grills and other eating establishments.
   5. Single-family and two family detached residential uses as permitted and regulated in the R-3 Zone District.
   6. Multi-family dwelling units with a permitted commercial use on first floor.
2. Accessory uses.
   1. Uses that are customarily incidental to the above principal permitted uses.
3. Conditional uses, pursuant to the requirements in section 15-35.
   1. Institutional uses, government uses and public utility facilities.

15-25.3. - Prohibited uses.

Any use other than those listed above is prohibited as part of a village center mixed use planned development. The following uses are specifically prohibited:

1. Home occupation or home office
2. Restaurants with exterior drive-up window service.
3. Strip shopping centers.
4. Garden Apartments.

15-25.4. - Area and bulk requirements.

1. Minimum lot area: 8,000 square feet.
2. Minimum front yard: 10 feet
3. Minimum side yard: 10 feet for one side yard.
4. Minimum rear yard: 20 feet.
5. Minimum frontage: 60 feet.
6. Maximum height: 45 feet or 3 stories, whichever is less. The maximum building height shall be reduced to thirty-five (35) feet or two and one-half stories and for structures or portions thereof located within seventy-five (75) feet of a residential zone district.
7. Maximum impervious coverage: 70 percent of the total lot area.
8. Dwelling units shall not exceed 10 units per acre or eight units per structure

15-25.5. - Development standards.

1. Development within the SS/VO zone shall be designed to be in keeping with the concepts and planning principles which are stated in the Township Master Plan with special attention to the Mount Freedom Village Planning Study Update. In addition, development in the SS/VO zone shall adhere to the Village Center Design Standards set forth in section 15-61 of this Chapter.
2. Affordable Housing: For developments of six (6) or more dwelling units, the developer shall provide dwelling units affordable to very-low, low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency or court with jurisdiction over affordable housing. A minimum of fifteen (15%) percent of the residential units developed should be available to very-low, low and moderate income families if they are offered for rent. A minimum of twenty (20%) percent of the units should be available to very-low, low and moderate income families if they are offered for sale.
3. Parking is not permitted in front yards. To the greatest extent possible, parking should be provided behind the stores and shops on Sussex Turnpike.
4. Residential and non-residential uses are permitted in the same structure. Residential uses shall be located on the floor above all non-residential uses in a mixed-used structure.
5. Properties which participate in a shared parking program may provide less than the minimum number of required spaces for the cumulative parking requirements. The shared parking program shall be approved by the Planning Board.

SECTION THREE. Subsection C.1., “Conditional uses, pursuant to the requirements in Section 15-35,” of Section 15-26.2, “Permitted Uses,” of Section 15-26, B-1 Neighborhood Business District, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

1. Automobile service stations except in the Mount Freedom Village Center the boundary of which is identified in Technical Report #2: Mount Freedom Village Center Report of the Master Plan.

SECTION FOUR. Subsection A, “Where permitted,” of Section 15-35.3, “Automobile service stations,” of Section 15-35, Conditional Uses, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

A. Where permitted. Public garages, gasoline service stations and filling stations are permitted as a conditional use in the B-1 and B-2 Zone Districts except in the Mount Freedom Village Center the boundary of which is identified in Technical Report #2: Mount Freedom Village Center Report of the Master Plan. No permit for any public garage, gasoline service station or gasoline filling station shall be issued unless and until all the requirements of this Article are met.

SECTION FIVE. Section 15-39.5, Village Center Residential Overlay District - 3 (VCR Overlay District 3), of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

15-39.5. - Village Center Residential Overlay District - 3. (VCR Overlay District 3).

This overlay zoning district is available for certain properties depicted on the zoning map as amended and attached hereto as Exhibit A.

1. Principal permitted uses.
   1. Townhouses.
   2. Single-family, duplex, or triplex housing.
2. Accessory uses.
   1. Customary accessory uses to the principal permitted uses.
3. Conditional uses.
   1. Institutional uses, government uses and public utility facilities.
4. Prohibited uses.
   1. Garden apartments.
5. Area and bulk requirements.
   1. Minimum lot area: 4,000 square feet.
   2. Minimum lot frontage: forty feet
   3. Minimum front yard setback: ten feet.
   4. Minimum side yard: ten feet
   5. Minimum rear yard: fifty feet
   6. Minimum distance between principle structures: 20 feet.
   7. Maximum height: Two and one-half stories or 35 feet, whichever is less.
   8. Maximum density: ten units per acre.
   9. Maximum impervious coverage: 70 percent.
6. Development standards. The standards for any development within this overlay district shall adhere to sections 15-61 and the following:
   1. Development shall encourage a variety of both indoor and outdoor activity which is attractive, vibrant and provides a unique character for the community.
   2. The design quality of projects approved under the overlay district shall be superior to conventional development. Applicants shall demonstrate and document this through model building, imaging, and high quality graphic presentations as part of the review process of applications.
   3. No more than one driveway is permitted for each 300 feet of frontage on arterial and collector roadways.
   4. Buffer requirements for the overlay district shall be regulated by Section 15-51.
7. Affordable Housing: For developments of six (6) or more dwelling units, the developer shall provide dwelling units affordable to very-low, low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency or court with jurisdiction over affordable housing. A minimum of fifteen (15%) percent of the residential units developed should be available to very-low, low and moderate income families if they are offered for rent. A minimum of twenty (20%) percent of the units should be available to very-low, low and moderate income families if they are offered for sale.

SECTION SIX. The Zoning District for the following properties listed by block and lot shall be changed as follows:

SECTION SEVEN. The Zoning Map of the Township of Randolph, Morris County, New Jersey is hereby amended to reflect the Zoning Map revisions set forth in this Ordinance and as set forth in the attached Exhibit A entitled, “Proposed Zone District Changes Mount Freedom.”

SECTION EIGHT. 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 NINE. This Ordinance may be renumbered for codification purposes.

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

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
James B. Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 05-19

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-23.2, 15-25, 15-26.2, 15-35.3 and 15-39.5 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey” 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 21, 2019 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 21, 2019 at 7 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 15-23.2, 15-25, 15-26.2, 15-35.3 and 15-39.5 of the Land Development Ordinance consistent with the revisions recommended by the Planning Board in the Mount Freedom Planning Study Update.

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