Ordinance No. 08-13

Introduced: May 2, 2013
Public Hearing: May 30, 2013
Status: Adopted

An ordinance amending Section 15-2.2, Definitions, and Section 15-35.19, Congregate Care Retirement Communities, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

(This ordinance was originally introduced April 4, 2013 with a public hearing scheduled for May 2, 2013. It was withdrawn and re-introduced on May 2, 2013.)

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”) desires to amend the definition of Congregate Care Retirement Community set forth in Section 15-2.2 of the Land Development Ordinance of the Township of Randolph to state that units in a congregate care retirement community cannot be occupied be persons under nineteen (19) years of age with an exception provided solely in the circumstance in which a resident who is sixty-two (62) years of age or older, because of a disability, requires that a caregiver or attendant who is under nineteen (19) years of age reside in the unit in order for the disabled resident to receive the services and benefits provided by the congregate care retirement community; and

WHEREAS, the Township desires to amend Section 15-35.19 of the Land Development Ordinance of the Township of Randolph to revise certain of the requirements applicable to Congregate Care Retirement Communities.

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. The definition of Congregate Care Retirement Community set forth in Section 15-2.2, Definitions, 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:

Congregate care retirement community means a development for occupancy by persons sixty-two (62) years of age or older, with or without a spouse or other members of the person’s housekeeping unit, which shall provide residential accommodations for independent living units and assisted living units. Such facilities may also include, for the use of the residents only, dining facilities, recreation facilities, medical facilities and services and physical therapy facilities and services. Units in a congregate care retirement community cannot be occupied by persons under nineteen (19) years of age with an exception provided solely in the circumstance in which a resident who is sixty-two (62) years of age or older, because of a disability, requires that a caregiver or attendant who is under nineteen (19) years of age reside in the unit in order for the disabled resident to receive the services and benefits provided by the congregate care retirement community.

SECTION TWO. Section 15-35.19, Congregate Care Retirement Communities, 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:

15-35.19. Congregate Care Retirement Communities

Congregate Care Retirement Communities shall comply with the following conditions:

1. Minimum lot area of five (5) acres.

2. Minimum lot width and depth of 200 feet.

3. Maximum building height of four (4) stories above finished grade and sixty (60) feet measured from the top of the highest roof to the averaged finished grade.

4. Minimum front yard of 100 feet, provided that elements such as a Porte Cochere or canopy may have a minimum front yard of 75 feet.

5. Minimum side and rear yards of forty (40) feet but if abutting a residential zone only, not less than the height of the building.

6. Minimum landscape buffer from road frontage of fifty (50) feet. Buffer may be reduced to twenty (20) feet for parking areas and associated parking structures where such structures are at or below the finished grade at the reduced buffer line

7. Maximum impervious coverage as regulated in the underlying zone.

8. The maximum number of units permitted is 125. Should the site exceed 5.5 acres, the development shall be permitted 25 units per acre only for the site area in excess of 5.5 acres.

9. Parking shall be provided at a ratio of 0.95 parking spaces per residential unit.

10. Buildings with flat roofs are discouraged. If a building must have a flat roof it shall be hidden on all sides by a decorative element. The development shall conform to the aesthetic standards for the Route 10 corridor as illustrated in the Master Plan and as determined by the Planning Board.

11. The development shall include a pedestrian circulation plan that links the project to neighboring properties to the greatest extent possible.

12. Vehicular connectivity to adjacent properties and Route 10 is encouraged.

13. A minimum of ten (10%) percent of the assisted living units shall be affordable to low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency with jurisdiction over affordable housing.

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

_____________________________
Thomas MacArthur, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 08-13

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Section 15-2.2, Definitions, and Section 15-35.19, Congregate Care Retirement Communities, 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 May 2, 2013 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 May 30, 2013 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 amend the definition of Congregate Care Retirement Community set forth in Section 15-2.2 of the Land Development Ordinance of the Township of Randolph to state that units in a congregate care retirement community cannot be occupied be persons under nineteen (19) years of age with an exception provided solely in the circumstance in which a resident who is sixty-two (62) years of age or older, because of a disability, requires that a caregiver or attendant who is under nineteen (19) years of age reside in the unit in order for the disabled resident to receive the services and benefits provided by the congregate care retirement community. In addition, the purpose of the above Ordinance is to amend Section 15-35.19 of the Land Development Ordinance of the Township of Randolph to revise certain of the requirements applicable to Congregate Care Retirement Communities.

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