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Codes & Documents » Ordinances » Ordinance No. 17-16

Ordinance No. 17-16

Introduced: June 2, 2016
Public Hearing: July 7, 2016
Status: Adopted

An ordinance eliminating the separate environmental commission and advisory landmark committee and establishing one advisory environmental and landmark committee

WHEREAS, the Township of Randolph (“Township”) established an Environmental Commission for the protection, development and use of open space and natural resources located within the Township; and

WHEREAS, the Township also established an Advisory Landmark Committee for the protection, enhancement and preservation of sites and structures with historical, architectural or cultural significance located in the Township; and

WHEREAS, the Township desires to eliminate the separate Environmental Commission and Advisory Landmark Committee and to create one Advisory Environmental and Landmark Committee for the protection, development or use of open space and natural resources located within the Township and the protection, enhancement and preservation of sites and structures with historical, architectural or cultural significance located within the Township.

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. Article II, Environmental Commission, and Article XV, Advisory Landmark Committee, both of Chapter 10, Boards, Commissions, Committees and Agencies of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey are hereby deleted in their entirety and replaced by the following:

ARTICLE II - ADVISORY ENVIRONMENTAL AND LANDMARK COMMITTEE

Sec. 10-34. Creation; purpose.

The purpose of this article is to establish an Advisory Environmental and Landmark Committee for the protection, development and use of open space and natural resources including, but not limited to, water resources located within the Township and the protection, enhancement and preservation of sites and structures with historical, architectural or cultural significance located within the Township.

Sec. 10-35. Appointment and term.

  1. The Committee shall consist of seven general members and two alternate members (Alternate No. 1 and Alternate No. 2) who shall be appointed by the Township Council and who shall be Township residents.
  2. The initial appointment of all Committee members shall take effect on July 1, 2016. All Committee members shall be appointed for initial terms of six months which shall expire on December 31, 2016.
  3. At the 2017 Township Council annual reorganization meeting, the Township Council shall appoint Committee members that shall serve according to the following terms:
    1. Two general members for three years; and
    2. Two general members for two years; and
    3. Three general members for one year; and
    4. The alternate members for one year.
  4. The successors to the general members shall be appointed for three year terms at the Township Council annual reorganization meeting.
  5. The successors to the alternate members shall be appointed for two year terms at the Township Council annual reorganization meeting. Alternate members may participate in discussions, but may not vote except in the absence or disqualification of a general member with Alternate No. 1 voting first.
  6. If a vacancy shall occur, it shall be filled by appointment, as provided above, for the unexpired term.
  7. The Committee shall designate one of the members to serve as chair and presiding officer of the Committee.

Sec. 10-36. - Powers and duties.

  1. The Committee shall have the power to conduct research relating to the protection, development and use of open space and natural resources including, but not limited to, water resources located within the Township and the protection, enhancement and preservation of sites and structures with historical, architectural or cultural significance located within the Township and to make recommendations to the Township Council, Planning Board and other Township agencies regarding the same. The Committee shall be entitled to receive timely informational copies of every application submitted to the Planning Board and Board of Adjustment.
  2. The Committee may advertise, prepare, print and distribute books, maps, surveys, charts, plans, pamphlets and other written materials which it deems necessary for its purposes within the budgetary appropriations provided by the Council.
  3. The Committee shall keep an index or list of all open space areas and natural resources including, but not limited to, water resources, whether publicly or privately owned, and all sites and structures with historical, architectural or cultural significance located within the Township.
  4. The Committee shall develop a public education program with the goal of promoting the protection and preservation of open space areas, natural resources including, but not limited to, water resources and sites and structures with historical, architectural or cultural significance located within the Township.
  5. The Township Council may appropriate funds for expenses incurred by the Committee.
  6. The Committee shall have the power to accept grants, donations and gifts, which funds shall be maintained by the Township. Expenditures shall only be made for the purposes set forth in this Section and no expenditure shall be made without the consent of the Township Manager.
  7. The Committee may recommend acquisition by the Township of property, both real and personal, in the name of the Township by purchase, grant, bequeath, devise, lease or any other means for any of the purposes set forth in this Section, with any such acquisition being subject to the approval of the Township Council, which shall administer the same for such purposes. Such recommendation for acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easements), covenant, or other contractual right (including a conveyance on conditions or with limitations or revisions) as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open space areas, natural resources including, but not limited to, water resources and sites and structures with historical, architectural or cultural significance located within the Township.
  8. The Committee shall assist the Township by communicating and cooperating with Federal, State, County and other local agencies on issues involving the protection and preservation of open space areas, natural resources including, but not limited to, water resources and sites and structures with historical, architectural or cultural significance.
  9. The Committee shall assist the Township by communicating with owners of private property that express an interest in the protection and preservation of open space areas, natural resources including, but not limited to, water resources and sites and structures with historical, architectural or cultural significance.
  10. The Committee shall keep records of its meetings and activities and shall make an annual report to the Township Council.
  11. The Committee may establish sub-committees to accomplish its responsibilities.

Sec. 10-37 - Applications for the designation of landmarks and landmark sites.

  1. The Committee shall process applications for the designation of landmarks and landmark sites as set forth in this Section. All recommendations of the Committee regarding the designation of landmarks and landmark sites are subject to approval by the Township Council.
  2. Application. The Committee shall furnish an application for designation of a landmark or landmark site to any person, group of persons or association requesting such an application. In addition, the Committee on its own motion may initiate proceedings for designation of a landmark or a landmark site.
  3. Notice to owner; hearing. Notice that an application for designation is being considered shall be given to the owner of the parcel on which the proposed landmark is situated or which is part of the proposed landmark site.
    1. Such notice shall be served by the Committee by certified mail, addressed to the owner or owners at his or their last known address or addresses as the same appears in the records of the Township tax assessor, or if there is no name on such records, such notice may be served by regular mail, addressed to “owner” at the street address of the property in question.
    2. Said owner or owners shall have the right to confer with the Committee, prior to the issuance of a recommendation from the Committee, on the application.
    3. The Committee may, in addition, hold a public hearing on the proposed designation.
  4. Recommendation for approval or disapproval. After such investigation as it deems necessary, but in no case more than 60 days after the receipt of the application, or if the proceeding is initiated by the Committee, no more than 60 days after such initiation, the Committee shall issue a recommendation to the Township Council regarding whether the application for designation should be approved or disapproved. Said recommendation shall be in writing and signed by the Chairman of the Committee, and shall state the reasons for recommending approval or disapproval. The recommendation may be limited to the proposed landmark or landmark site as described in the application or may include modifications thereof. The written recommendation shall be filed with the Township Council and the Committee.
  5. Approval; effective date. Within 60 days after the receipt of the recommendation from the Committee, the Township Council shall approve or disapprove (i.e., deny) the recommendation of the Committee in writing. Within five days of receipt of a decision to approve a designation from the Township Council, the Committee shall file a copy of same with the Morris County Historical Society, the New Jersey Office of Historic Sites and the Planning Board. The approval of the designation shall become effective upon filing as set forth in this paragraph.
  6. Request for modification or disapproval; factors considered. The Committee, on its own initiative or at the request of an aggrieved party, may recommend that the Township Council modify or disapprove (i.e., rescind) a previously approved designation. In order to be considered by the Township Council, the Committee must issue a recommendation to modify or disapprove (i.e., rescind) a previously approved designation within 90 days after a copy of the designation is filed as in paragraph (e) of this Section. The Committee, in making its recommendation, shall consider, among other factors, the relation of the designation to the master plan of the Township, the zoning ordinances, projected public improvements, any plans for the renewal of the area involved, and other factors affecting the general welfare of the community.
  7. Disapproval or modification. If the Committee recommends disapproval (i.e., rescission) or modification of a previously approved designation:
    1. The Committee’s reasons for recommending disapproval (i.e., rescission) or modification shall be put in writing. The written recommendation shall be provided to the Township Council in the same manner as set forth in paragraph (d) of this Section.
    2. The Township Council shall approve or disapprove (i.e., deny) the recommendation of the Committee in the same manner as set forth in paragraph (e) of this Section. Within five days of receipt of a decision to disapprove (rescind) or modify a previously approved designation from the Township Council, the Committee shall file a copy of same with the Morris County Historical Society, the New Jersey Office of Historic Sites and the Planning Board. The disapproval or modification of the previously approved designation shall become effective upon filing as set forth in this paragraph.
  8. Amendment or rescission. The Township Council can amend or rescind the designation of a landmark or landmark site on its own initiative at any time. The decision to amend or rescind a designation shall be set forth in writing and, within five days of receipt of the decision from the Township Council, the Committee shall file a copy of same with the Morris County Historical Society, the New Jersey Office of Historic Sites and the Planning Board. The amendment to or rescission of the designation shall become effective upon filing as set forth in this paragraph.
  9. Construction, alteration, removal, change or demolition. Upon the filing of any application with the construction official, or any agency or board of the Township, to construct, alter, remove, change or demolish any improvement constituting or which shall constitute a part of any landmark or landmark site, a notice shall forthwith be given to the Committee for their review and such recommendation as they deem necessary for the preservation of the landmark or landmark site.
  10. Identification. The Manager of the Township shall be responsible for the proper identification of landmarks or landmark sites as designated by the Township Council.

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

SECTION THREE. 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 portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect on June 30, 2016.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Roman B. Hirniak, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 17-16

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Eliminating the Separate Environmental Commission and Advisory Landmark Committee and to Establish One Advisory Environmental and Landmark Committee” 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 June 2, 2016 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 July 7, 2016 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 eliminate the separate Environmental Commission and Advisory Landmark Committee and to create one Advisory Environmental and Landmark Committee for the protection, development or use of open space and natural resources located within the Township and the protection, enhancement and preservation of sites and structures with historical, architectural or cultural significance located within the Township.

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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