Ordinance No. 17-19
Introduced: June 13, 2019
Public Hearing: July 11, 2019
An Ordinance Amending Sections 15-2.2 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey Regarding Portable Storage Containers
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 Sections 15-2.2 and 15-41 of the Land Development Ordinance to regulate the use of portable storage containers in residential zones.
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 15-2.2, Definitions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended and supplemented by the addition of the following definition:
Portable storage container means any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. This term shall not include roll-off or storage containers with storage capacity of less than 150 cubic feet used for such purposes as yard waste and debris removal. This term shall also not include trailers as defined in this Section.
SECTION TWO. Subsection A of Section 15-41, Accessory Building or Structures, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:
12. The use of portable storage containers in residential zone districts will be allowed on a temporary basis, subject to the following conditions:
- Portable storage containers and/or similar temporary storage-type structures shall be placed on a subject property within a residential zone for no more than 15 days in a calendar year unless used in conjunction with a validly issued construction permit, in which event, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than one year (365 days) from the date of the initial permit issuance. If construction at the site has not been actively and diligently pursued for a period of 60 days, the zoning officer may order the removal of any portable storage container from the property.
- A property owner may apply for a zoning permit to extend the fifteen day limitation for good cause, but in no event for more than an additional 30 days.
- No portable storage container shall be placed or located in the rear and side yard setback requirements for accessory buildings in the zone district.
- There shall be a limit of one portable storage container per property.
- Portable storage containers shall be in a condition free from rust, peeling paint, and other forms of deterioration.
- The size of a portable storage container shall not exceed 10 feet in height and 10 feet width by 20 feet in length.
- The portable storage container and the area surrounding it shall be kept in a neat and clean condition.
- No material, goods, wares or debris is allowed to be placed on or under the portable storage container.
- Said container is to be left closed at all times except when loading or unloading.
- No hazardous, toxic or dangerous material is permitted to be stored in said container.
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.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
James B. Loveys, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 17-19
Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-2.2 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey Regarding Portable Storage Containers” 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 13, 2019 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 11, 2019 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 amend Sections 15-2.2 and 15-41 of the Land Development Ordinance to regulate the use of portable storage containers in residential zones. 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