Ordinance No. 11-08

Introduced: April 3, 2008
Public Hearing: April 24, 2008
Status: Adopted

An ordinance to amend and supplement Chapter 15-73, Solid Waste and Recyclables, of the Land Use Development Ordinance of the Township of Randolph, New Jersey

WHEREAS, N.J.S.A. 40:48-2 permits a municipality to make and amend an ordinance as it may deem necessary and proper for good government, order, and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and

WHEREAS, the Township Council of the Township of Randolph (“Randolph” or “Township”) desires to amend and supplement Chapter 15-73, Solid Waste and Recyclables, of the Land Development Ordinance of the Township of Randolph, New Jersey in order to comply with the update to the Morris County Solid Waste Management Plan dated March 2007.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Chapters 15-73 and 15-73D of Article V, Site Plan and Subdivision Requirements, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, are hereby revised to read as follows:

C. Solid waste and recycling storage areas shall be set back a minimum of ten (10) feet from adjoining property lines and are prohibited within the front yard. For any development proposal of 50 or more single-family detached dwelling units, or 3 or more units of multi-family dwellings, and for any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the location and number of recycling containers, and the collection and disposition of recyclables must be provided for and approved of by the Board with jurisdiction. The applicant shall submit a recycling plan in compliance with the Statewide Mandatory Source Separation Act, as referred to in the Municipal Land Use Law, N.J.S.A. 40:55D-28b(12). The recycling plan shall contain a detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development.

D. Adequate access shall be provided to all solid waste and recycling storage facilities for convenient recycling opportunities for all owners, tenants and occupants. Such access shall accommodate the type of vehicle normally used for the collection of wastes. The area for solid waste and recycling shall be large enough to accommodate the expected and amounts of solid waste and recyclables generated at the proposed development.

SECTION TWO. The following shall be added to Chapter 15-73 of Article V, Site Plan and Subdivision Requirements, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey:

E. Prior to the issuance of a Certificate of Occupancy by the Township of Randolph, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials to the Township Recycling Coordinator.

SECTION THREE. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of the inconsistency.

SECTION FOUR. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION FIVE. This Ordinance shall take effect immediately upon final passage, approval, and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Allen M. Napoliello

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 11-08

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance To Amend and Supplement Chapter 15-73, Solid Waste and Recyclables, of the Land Development Ordinance of the Township of Randolph, 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 April 3, 2008 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 April 24, 2008 at 8 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 and supplement Chapter 15-73, Solid Waste and Recyclables, of the Land Development Ordinance of the Township of Randolph, New Jersey to comply with the update to the Morris County Solid Waste Management Plan dated March 2007.

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