Ordinance No. 06-21

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

An Ordinance Amending Section 15-30 of Article III of Zoning and Amending Sections 15-48, 15-44, and 15-43 of Article IV of Supplementary Zoning Regulations 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 (“Township”) staff have recommended revisions to the Land Development Ordinance of the Township of Randolph regarding tree removal and protection, the regulations for development within steep slope areas, the permitted uses and area and bulk requirements in the Office-Laboratory District and freestanding signs; and

WHEREAS, the Township desires to amend Section 15-30 of Article III of Zoning and Sections 15-48, 15-44 and 15-43 of Article IV of Supplementary Zoning Regulations of the Land Development Ordinance consistent with the revisions recommended by Township staff.

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. Section 15-48, Tree Removal and Protection, Subsection 2, Definitions, of Article IV, Supplementary Zoning Regulations; of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include the following new definition:

AVERAGE TREE DENSITY

For sites in excess of 3 acres of trees to be removed or cleared, a selective inventory, by size and species, of all trees having a DBH of eight (8) inches or greater within the proposed limit of disturbance shall be conducted using a minimum of nominal quarter acre plots (100 feet by 100 feet) which shall be staked or visibly marked to allow for inspection. The location of the inventory plots shall be determined by the applicant, subject to Township approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application. A representative five (5%) percent of the wooded area proposed to be cleared shall be inventoried.

SECTION TWO. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “1,” Application review procedure, of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include a new Item “6,” to read as follows:

6. Average Tree Density calculation shall apply for sites in excess of 3 acresof trees to be removed or cleared.

SECTION THREE. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “2,” Permit application procedure, Subsection A, Application Form, Item “4” of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

4. A list of all trees, deciduous or coniferous, to be removed with a DPM equal to or greater than eight (8) inches identified by size and species, including total number of each species to be removed. Exceptions are listed under Section 15-48.6.2.A.9.

SECTION FOUR. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “2,” Permit application procedure, Subsection A, Application Form, of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include a new Item “9,” to read as follows:

9. For sites utilizing Average Tree Density calculation, the following procedure shall be followed:

a. The Average Tree Density shall utilize nominal quarter acre (100' x 100') sample areas. Sample areas are to be staked out in the field and verified by the Township that they are representative of the site.

b. The number of sample areas must be a total an area that comprises 5% of the wooded areasto be cleared. To calculate the number of required samples, 5% of the wooded areas to be cleared (in square feet) shall be divided by 10,000. Any resulting fractional number shall be rounded up to the nearest whole number. The representative 5% shall be determined by agreement between the Township and the applicant. Unless otherwise determined by the Township, where less than three acres is proposed to be cleared, all trees to be removed shall be inventoried;

c. A list of all trees, deciduous or coniferous, to be removed within the sample area with a DPM equal to or greater than eight (8) inches shall be identified by size and species, including total number of each species to be removed;

d. Tree replacement is based on 2 replacement trees for every tree between 12" and 24" inclusive that are removed.

e. The number of trees to be removed is estimated based on applying the average density of the samples proportionally to the area to be cleared.

SECTION FIVE. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “2,” Permit application procedure, Subsection B, Landscape Plan, Item “2” of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

2. Location and identification by size and species of individual trees as listed in Sec. 15-48.6.2.A.4 or 15-48.6.2.A.9 for removal, plus those trees of DPM of eight (8) inches or greater within the area of development/limit of disturbance which are to be preserved.

SECTION SIX. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “2,” Permit application procedure, Subsection B, Landscape Plan, Item “3” of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

3. Location of individual trees with a DPM equal to or greater than eighteen (18) inches identified by size and species thirty feet beyond a delineated limit of disturbance line. This requirement does not apply to a minor subdivision or sites utilizing Average Tree Density calculation.

SECTION SEVEN. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “3,” Clearing requirements, Subsection A, Design Requirements, Item “2” of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

2. For site in excess of 20 acres, no more than sixty (60) percent of existing tree canopy within the property boundaries shall be removed. Existing tree canopy comprised of the forty (40) percent minimum shall be noted for preservation. Steep slope limits of disturbance shall supersede this section when appropriate.

SECTION EIGHT. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “4,” Tree care and plantings, Item E of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

E. Applicant Option. If an applicant should decide not to replace required trees on his site, the applicant shall contribute $200 per tree not replaced, which monies shall be deposited into the Tree Bank Fund of Sec. 15-48.8.B. Where the number of trees not replaced exceeds 250 the contribution shall be $115 per tree not replaced.

SECTION NINE. Section 15-48, Tree Removal and Protection, Subsection “6,” Tree removal/protection requirements for major and minor subdivisions and site plans, Subsection “4,” Tree care and plantings, Item A, Tree Replacement and Reforestation, of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include a new Item “5,” to read as follows: 5. Replacement trees planted in excess of 3.5” caliper shall be entitled to 2 replacement credits for each tree.

SECTION TEN. Section 15-44, Regulations for Development within Steep Slope Areas, Subsection “4,” Steep slope disturbance application contents, Subsection B, Item “1” of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

1. For the purpose of determining the area of regulated steep slopes on a property, the existing topography shall be analyzed based on a ten foot (10') contour intervals. The 10' contours shall be used to delineate all of the slope categories outlined in this ordinance. For the purpose of showing the limit of disturbance for the clearing and/or construction as described above, existing and proposed contour lines using a two foot (2') contour interval shall be shown on the steep slope analysis plan.

SECTION ELEVEN. Section 15-44, Regulations for Development within Steep Slope Areas, Subsection “8,” Minor steep slope areas, of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

15-44.8. Exemptions

A. Additions to and maintenance of existing single-family homes including pools, patios, garages, sheds and gardens, located on lots in residential zones not exceeding 1.75 times the minimum lot size for the zone, are exempt from the steep slope disturbance plan requirements, except where the proposed disturbance exceeds 2,000 square feet within a slope area of 15% or greater. Such determination shall be made by the Engineering Department using the aerial topography maps having a 5 foot contour interval.

B. All commercially zoned lots shall be exempt from the steep slope disturbance requirements, except where disturbance exceeds 3,000 square feet for lots less than 5 acres, and 5,000 square feet for lots greater than 5 acres.

C. Residentially zoned lots greater than 10 acres shall be exempt from the regulation of slopes less than 15%. These lots shall also be permitted disturbance of steep slopes in the following amounts for each steep slope category:

15-19.99% - 10,000 square feet
20-24.99% - 5,000 square feet
25%+ - 3,000 square feet

SECTION TWELVE. Section 15-30, OL Office-Laboratory District, Subsection “2,” Permitted uses, of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include a new Item “5,” to read as follows:

5. For lots with frontage on major arterial roadways, shared or common driveways to access any adjacent, neighboring, or rear lots are permitted to minimize the number of curb cuts.

SECTION THIRTEEN. Section 15-30, OL Office-Laboratory District, Subsection “4,” Area and bulk requirements, Item “F” of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

F. Maximum impervious surface coverage: 65 percent of the lot area.

SECTION FOURTEEN. Section 15-30, OL Office-Laboratory District, Subsection “4,” Area and bulk requirements, Item “C” of Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

C. Minimum setback: No part of any structure shall be closer than 100 feet to any property line nor closer than 200 feet to any public road or street nor closer than 300 feet to any single-family residential zone district or use. Parking areas, as required by this chapter, shall be permitted in any yard provided said parking area is at no point closer than 50 feet to any property line nor closer than 100 feet to any single-family residential zone district or township boundary line. The building setback requirements of this paragraph shall not apply to structures having a floor area of less than 200 square feet and used solely to provide shelter for personnel concerned with the control of access to the premises.

SECTION FIFTEEN. Section 15-43, Signs, Subsection “4,” Freestanding Signs, of Article IV, Supplementary Zoning Regulations, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to include a new Item “I,” to read as follows:

I. For lots with frontage on major arterial roadways, shared or common freestanding signage with adjacent, neighboring, or rear lots are permitted to minimize the number of signs along the roadway.

SECTION SIXTEEN. 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 SEVENTEEN. This Ordinance may be renumbered for codification purposes.

SECTION EIGHTEEN. 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 NINETEEN. 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. 06-21

Notice is hereby given that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-30 OF ARTICLE III OF ZONING AND AMENDING SECTIONS 15-48, 15-44, AND 15-43 OF ARTICLE IV SUPPLEMENTARY ZONING REGULATIONS 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 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 Sections 15-48, 15-44, 15-30 and 15-43 of the Land Development Ordinance consistent with certain revisions recommended by the Township of Randolph staff regarding tree removal and protection, the regulations for development within steep slope areas, the permitted uses and area and bulk requirements in the Office-Laboratory District and freestanding signs

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