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Codes & Documents » Ordinances » Ordinance No. 05-21

Ordinance No. 05-21

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-6 Multifamily 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, Canoe Brook Development, LLC (“Developer”) is the owner or contract purchaser of certain real property located in the Township of Randolph, Morris County, State of New Jersey, known and designated as Block 44, Lot 25 on the Official Tax Map of the Township of Randolph (“Property”), and desires to construct a residential development with an affordable housing component on the Property; and

WHEREAS, the Developer intervened in the DJ Litigation challenging the Township’s satisfaction of its affordable housing obligation, among other things; and

WHEREAS, the Township and the Developer 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 and Canoe Brook and 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-6 Multifamily 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:

15-20A. - R-6 MULTIFAMILY INCLUSIONARY ZONE (R-6 Zone)

15-20A.1 - Purpose.

This zone district and its regulations are intended to provide a realistic opportunity for the construction of 199 multifamily dwelling units as part of an inclusionary development with a twenty percent (20%), but not less than 40 affordable units, set aside for affordable housing.

15-20.2. - Permitted uses.

  1. Principal uses.
    1. Multifamily dwelling units, including but not limited to buildings with apartment flats with common stairways, buildings with direct entry to individual units, stacked townhouse buildings, and buildings with flats with a central corridor or any combination of the foregoing within a building.
    2. There may be multiple principal buildings on a lot.
  2. Accessory uses and structures. The following accessary uses and structures shall be permitted:
    1. Parking spaces, driveways, attached individual parking garages, and detached parking structures/garages with a capacity of no more than 8 vehicles each;
    2. Leasing office;
    3. Maintenance office;
    4. Refuse and recycling buildings and structures;
    5. Clubhouse for use by residents and their guests, such as but not limited to a club room, fitness room, conference/work areas, a child play area and pet wash/grooming;
    6. Active and passive recreation areas, which shall include but shall not be limited to a pool, grilling/barbeque areas, a tot lot, a dog run and a walking trail or sidewalks;
    7. Any use or structure that is customarily incidental and subordinate to the principal use of land or building located on the same lot.

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

  1. Minimum gross lot area: 12 acres.
  2. Maximum density: 17 dwelling units per gross acre provided that the maximum number of residential units shall not exceed 199.
  3. Units per building: No more than 110 residences and a clubhouse shall be permitted within a mid-rise residential building. No more than 20 dwelling units shall be permitted within the other multifamily residential buildings, such as a direct-entry flats or stacked townhomes.
  4. Maximum height:
    1. Midrise Multifamily Building - There shall be permitted one midrise multifamily building, which shall not exceed 4 stories and fifty-five (55) feet if a flat roof or sixty (60) feet if a pitched roof.
    2. Multi-family Flats and Stacked Townhomes - There shall be permitted multiple smaller multifamily buildings, which shall not exceed three stories and forty-nine (49) feet in building height as measured.
    3. Accessory Buildings - All accessory buildings and structures shall comply with the height requirements under the Land Development Ordinance of the Township of Randolph Section 15-41.A.2, “Accessory Buildings or Structures.”
  5. Maximum impervious coverage: Sixty percent (60%) of total lot area, including any areas subject to a conservation easement.
  6. Maximum building coverage: thirty percent (30%) of total lot area, including any areas subject to a conservation easement.
  7. Site access:
    1. The site shall not require usable frontage upon a street or streets for access as required under the Land Development Ordinance of the Township of Randolph Code Section 15-70.1.A.3.i, due to the existing conservation easement encumbering the portion of the property fronting along Dover-Chester Road.
    2. Vehicular access to and from the development shall be via State Route 10 with an easement with the adjoining property known as Block 44, Lot 12 on the Official Tax Map of the Township of Randolph (“Adjacent Lot”). Such vehicular access shall provide adequate access for firefighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety, and shall protect any future street layout shown on the Official Tax Map or on a general circulation plan element of the municipal master plan.
    3. Such vehicular access to and from this development is a permitted use on the Adjacent Lot per the provisions under Section 15-30 for the OL Zone.
    4. Any improvements on the Adjacent Lot are subject to the requirements under Section 15-30.4 “Area and Bulk Requirements” of the OL Office-LaboratoryDistrict. Any amended site plan or bulk variance relief required as a result of such improvements on the Adjacent Lot shall be requested at time of Planning Board approval and authorized by the consent of the owner of the Adjacent Lot. Preexisting non-conforming bulk conditions shall not require any variance relief, unless such conditions are further modified.
  8. Minimum building setback:
    1. Midrise Multifamily Building Setbacks - Measured from the building wall, inclusive of patios, balconies, or other similar building design elements, a minimum setback of fifty (50) feet from the northern property line and a minimum setback of eighty (80) feet from all other property lines shall be required.
    2. Multi-family Flats and Stacked Townhomes Setbacks - Measured from the building wall, inclusive of patios, balconies, or other similar building design elements, a minimum setback of twenty (20) feet from any property line shall be required.
    3. Accessory Building Setbacks- A minimum setback of fifteen (15) feet from any property line shall be required.
  9. Screening and Buffer Landscaping Requirements:
    1. Pursuant to Section 15-51.4.B, “Buffer dimensional requirements,” proposed multifamily 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 H.
    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 if they face a non-residential zone or use.
    3. Notwithstanding the forgoing, entrance driveways, storm water basins, and utilities shall be permitted within the buffer area.
    4. The provisions of Section 15-51, “Screening and Buffer Landscaping Requirements” of the Land Development Ordinance of the Township of Randolph shall apply. Reverse frontage buffer requirements pursuant to Section 15-51.5 of the Land Development Ordinance of the Township of Randolph shall not be applicable to unimproved rights-of-ways, or “paper streets.”
  10. Distance between buildings: Entrance porticos and rear porches shall be included in the measurement between buildings. The above distances may be reduced by up to one-quarter if there is an angle of 20 degrees or more between the buildings and if extensive landscaping or buffers are placed between buildings. The minimum distance between buildings shall be as follows:
    1. Mid-Rise Building Wall to Wall (Single Building) - Minimum 60 feet
    2. Mid-Rise Building to Multi-family Flats and Stacked Townhomes Buildings- Minimum 45 feet
    3. Multi-family Flat and Stacked Townhomes Buildings Front to Front - 40 feet
    4. Multi-family Flats and Stacked Townhomes Buildings Side to Side - 30 feet
    5. Multi-family Flats and Stacked Townhomes Buildings Front to Side - 45 feet
    6. Any Building to Accessory Building - 20 feet
    7. Accessory Building to Accessory Building - 10 feet
  11. Minimum Open Space and Amenity Requirement. Open space and amenity areas shall conform to the provisions of 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. The requirement for common open space for passive recreation shall be satisfied by no fewer than two (2) contiguous areas set aside for open space as follows:
      1. A passive recreation, outdoor area of no less than 2,500 square feet shall be provided.
      2. A passive recreation, outdoor area of no less than 3,500 square feet shall be provided, inclusive of amenities such as an open lawn area, playground, dog run, walking paths, and/or landscaping.
    2. The requirement for developed active recreation facilities shall be satisfied by the following:
      1. An outdoor amenity area of no less than 3,000 square feet, inclusive of amenities such as an outdoor pool lounge area, hardscape patio, and/or grilling area.
      2. An indoor amenity package of no less than 4,500 square feet shall be provided, inclusive of amenities such as a lobby area, a leasing office, a fitness room, club or common room, yoga studio, and/or co-working space.
  12. Signage Requirements
    1. One (1) freestanding sign shall be permitted on the lot where the development is located.
      1. Sign Area. Maximum of 32 square feet in sign area.
      2. Sign Setback. Minimum setback of 10 feet from a property line.
      3. Sign Height. Maximum height of 6 feet.
    2. Facade Signs. Facade signs shall be permitted on each residential building as regulated in the Land Development Ordinance of the Township of Randolph Section 15-43.5.
    3. Internal Directional Signs. Any signs reasonably necessary to direct residents, visitors and guests within the development and on the Adjacent Lot shall be permitted as set forth in the site plan approval. Directional signs shall have a uniform appearance. Directional signs shall not exceed 10 square feet in sign area and shall not exceed 4.5 feet in height.
    4. 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.
  13. Off-street parking and parking design requirements:
    1. Parking shall comply with Residential Site Improvement Standards (“RSIS”). Parking spaces may be provided in standalone parking structures/garages with a capacity of no more than 8 vehicles, individual garages, driveways, or surface lots or any combination thereof.
    2. All common off-street surface parking shall be located within 300 feet of the dwelling units served.
    3. Parking may be permitted in all required minimum yard areas, but shall not be permitted in the minimum buffer area.
    4. All garages shall conform architecturally to, and be of similar materials as the principal buildings in the development.
    5. All off-street parking areas shall conform to the provisions of the Land Development Ordinance of the Township of Randolph Section 15-50, “Parking and Loading,” except as specifically provided below:
      1. Each off-street parking area hereinafter created within the Township of Randolph shall be subject to the approval of the Planning Board or Zoning Board to insure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles, to protect adjacent properties, and to further ascertain that all requirements of this Article are complied with.
      2. Off-street parking shall be provided and maintained as specified herein and shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as required by the Township’s Stormwater Management Ordinance and the RSIS.
      3. For multi-family developments, parking areas and access drives shall have granite block curbing installed in accordance with the specifications set forth in the RSIS or poured concrete curb of a minimum 6" x 10" x 20" dimension and installed true to the lines, grades and dimensions shown on the approved site plan.
      4. Multiple detached garages are permitted as an accessory use, provided that each detached garage shall not provide parking for more than 8 motor vehicles.
      5. All off-street parking shall be provided as indicated herein unless otherwise noted or approved by the Planning Board.
      6. A one-car garage and driveway combination shall count as 2 off-street parking spaces, provided the driveway measures a minimum of 23 feet in length between the face of the garage door and the extended curbline. A two-car garage and driveway combination shall count as 4 off-street parking spaces provided minimum width of the driveway is 20 feet and its minimum length is as specified above for a one-car garage.
      7. Parking in multi-family developments shall be set back at least 50 feet from any peripheral public street. This shall not be applicable to unimproved rights-ofways, or “paper streets.”
    6. Parking Setbacks
      1. Mid-rise or multi-family building face to interior street curb - 10 feet
      2. Any principal building face to boulevard street curb - 20 feet
      3. Any principal building face to common parking area - 10 feet
  14. 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 40 affordable units.
    2. The developer shall have an obligation to deed restrict the Affordable Units as very low-, low-, 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.
    5. The market rate units shall have the following bedroom distribution requirements:
      1. There shall be a minimum of twenty-five (25) one bedroom market rate units.
      2. There shall be a maximum of twenty (20) three bedroom market rate units.
      3. The remainder of the market rate units may be two bedroom units.
    6. The affordable housing units shall be located in buildings containing market rate units. At least sixteen (16) affordable units shall be located within the mid-rise residential building. Up to twenty-four (24) affordable units may be distributed within the three-story multifamily buildings and shall be within modules containing no more than eight (8) affordable units each with a central, common stairway for the affordable units. The modules shall be located within buildings containing market rate units.
  15. Retaining Walls. Retaining walls shall be permitted up to a height of 15 feet and shall comply with the provisions listed under Section 15-79.2.L, “Retaining Walls” of the Land Development Ordinance of the Township of Randolph.
  16. Tree Removal.
    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.
  17. 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 15-60.6 “Multi-family residential site and building design standards,” except as specifically provided below:
    1. Allow for buildings to contain up to 110 residences within a mid-rise residential building and up to 20 dwelling units within the other multifamily residential buildings, such as a direct-entry flats or stacked townhomes.
    2. There shall be no additional requirement for tenant storage in a centrally located area.
    3. Allow for flat roof structures.

15-20A.4. - Use and Structures on Adjacent Lot

The Adjacent Lot may be utilized for improvements restricted to 1) vehicular and pedestrian access, 2) signage, 3) landscaping, and 4) utilities and stormwater management - including basins. Such improvements are a permitted use on such Adjacent Lot, provided that the owner or developer of the property within the R-6 Zone District obtains the necessary easement(s) or other property rights for such usage, installation, and mainteance of such structures. Any improvements on the Adjacent Lot are subject to the requirements under Section 15-30.4 “Area and Bulk Requirements” of the OL Office-Laboratory District. Any amended site plan or bulk variance relief required as a result of such improvements on the Adjacent Lot shall be requested at time of Planning Board approval and authorized by the consent of the owner of the Adjacent Lot. Pre-existing non-conforming bulk conditions shall not require any variance relief, unless such conditions are further modified.

15-20A.5. - Submission Requirements

  1. Any application made to the Township shall be subject to the provisions under Article VI, “Development Application Review Procedures,” and Article VII, “Administration, Enforcement and Fees,” of the Land Development Ordinanmce of the Township of Randolph.

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-6 Multifamily 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. 05-21

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-6 Multifamily 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-6 Multifamily 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 and Canoe Brook Development, LLC 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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