502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 17-22

Introduced: June 2, 2022
Public Hearing: June 23, 2022
Status: Adopted

An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Establish the Village Center Residential (VCR) - 5 District


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 Article III, of the Land Development Ordinance of the Township of Randolph to establish the Village Center Residential (VCR) - 5 District for the properties depicted on the zoning map as amended and attached hereto as Exhibit A that will allow for the construction of an inclusionary development that will assist the Township in satisfying a portion of its affordable housing obligation.

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. Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:

15-24.E Village Center Residential (VCR)- 5 District.

15-24.E.1-Purpose.

This zone district and its regulations are intended to provide a realistic opportunity for the construction of a maximum of 125 dwelling units as part of an inclusionary development with a twenty percent (20%) set aside, with 100 market units and 25 age-restricted affordable units.

  1. Principal permitted uses.
    1. Multifamily dwelling units, including but not limited to buildings with apartment flats with common stairways, buildings with direct entry to individual units, stacked townhouse buildings, and buildings with flats with a central corridor or any combination of the foregoing within a building.
  2. Accessory uses
    1. Parking spaces, driveways, attached individual parking garages, and detached parking structures/garages with a capacity of no more than 8 vehicles each;
    2. Leasing office;
    3. Maintenance office;
    4. Refuse and recycling buildings and structures;
    5. Clubhouse for use by residents and their guests, such as but not limited to a club room, fitness room, conference/work areas, a child play area and pet wash/grooming;
    6. Active and passive recreation areas, which may include but shall not be limited to a pool, grilling/barbeque areas, a tot lot, a dog run and a walking trail or sidewalks.
    7. Any use or structure that is customarily incidental and subordinate to the principal use of land or building located on the same lot.
  3. Conditional uses.
    1. Conditional Uses pursuant to the requirements of the VCC Zone District.
  4. Areas and bulk requirements.
    1. Minimum lot area: 10 acres.
    2. Minimum lot frontage: 200 feet.
    3. Minimum front yard setback: 40 feet.
    4. Minimum side yard: 30 feet to external tract boundary and 15 feet to internal tract boundary.
    5. Minimum rear yard: 50 feet.
    6. Maximum height: 50 feet or 3 stories, whichever is less. An additional 5 feet and one story is permitted for buildings containing a combination of a clubhouse and residential units provided the side yard setback of the building is at least 60 feet.
    7. Maximum density: 15 dwelling units per acre.
    8. Maximum units per structure: No more than 10 residences shall be permitted in a building except for units in a building which includes a club house or community room in such case the number of residences shall not exceed 25.
    9. Minimum distance between principal structures: 20 feet between exterior walls of dwelling units. Open porches, trash bin storage and utility rooms attached to buildings may be located within this setback.
    10. Maximum impervious tract coverage: Sixty-five (65%) percent.
    11. Maximum building coverage: Thirty percent (30%) of total lot area.
    12. Accessory Building Setbacks- A minimum setback of fifteen (15) feet from any property line shall be required.
  5. Development standards. The standards for any development within this zone district shall adhere to sections 15-61 and the following:
    1. Development shall encourage a variety of both indoor and outdoor activity which is attractive, vibrant and provides a unique character for the community.
    2. The design quality of projects approved under this zone district shall be superior to conventional development. Applicants shall demonstrate and document this through model building, imaging, and high-quality graphic presentations as part of the review process of applications.
    3. Buffer requirements for the overlay district shall be regulated by Section 15-51.
  6. Affordable Housing: For developments of five (5) or more dwelling units, a minimum of twenty (20%) percent of the residential units shall be age-restricted and affordable to very-low-, low- and moderate-income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency or court with jurisdiction over affordable housing. The affordable housing units shall be provided in accordance with the Township's Housing Element and Fair Share Plan, the Township's Affordable Housing Ordinance, the regulations of the Council on Affordable Housing, the Uniform Housing Affordability Controls, and the Fair Housing Act including, but not limited to:
    1. There shall be a minimum set-aside of 20% of the total units as age-restricted affordable units, but not less than 25 affordable units.
    2. The developer shall have an obligation to deed restrict the Affordable Units as very low-, low-, or moderate-income affordable units for a period of at least thirty (30) years, until such time and under conditions as the Township elects to release the deed restriction, so that the Township may count the Affordable Units against its affordable housing obligation. The deed restrictions shall be recorded with the County Clerk, and a copy of the recorded deed shall be forwarded to the Township Municipal Housing Liaison and Administrative Agent. Any sale of the property or units shall not affect the length or terms of the deed restriction.
    3. The bedroom distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3 as applied to age-restricted affordable housing units.
    4. The income distribution of the affordable units shall be in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3 as applied to age-restricted affordable housing units, and shall also provide for a 13% set-aside of very-low-income units as part of the income distribution.
    5. The affordable housing units may be located on the floors above the Clubhouse building units.
    6. Because the market rate units will be non-age-restricted and the affordable units will be age-restricted, the affordable housing units are not required to be integrated with the market-rate units on this property in accordance with N.J.A.C. 5:93-5.6(f).
    7. The construction of the affordable housing units shall be phased such that 100% of the affordable age-restricted units shall be completed and delivered prior to the completion and delivery of 50% of the market rate units in lieu of the phasing schedule set forth in N.J.A.C. 5:93-5.6(d).
  7. Minimum Open Space and Amenity Requirement. Open space and amenity areas shall conform to the provisions of Township Code Section 15-78, "Open Space and Recreation", and Section 15-79, "Site Amenities", except as specifically provided below:
    1. A minimum of 50% of the total lot area shall be set aside in common open space for active and passive recreation. As to the location of open space, all environmentally constrained land, including wetlands and associated buffers, stormwater management areas shall be included in the areas set aside as common open space and count toward the overall requirement.
    2. The requirement for developed recreation facilities and active recreation shall be satisfied by provision of active recreation areas (pool, grilling/barbeque areas, tot lot, dog run, walking trails/ sidewalks, etc.) with a minimum of 1,000 square feet and a clubhouse with a minimum of 4,500 square feet.
  8. Signage Requirements
    1. One (1) freestanding sign shall be permitted on the lot where the development is located.
      1. Sign Area. Maximum of 32 square feet in sign area
      2. Sign Setback. Minimum setback of 5 feet from a property line.
      3. Sign Height. Maximum height of 6 feet.
    2. Facade Signs. Facade signs shall be permitted on each residential building as regulated in Township Code Section 15-43.5.
    3. Internal Directional Signs. Any signs reasonably necessary to direct residents, visitors and guests within the development and on the Adjacent Parcel shall be permitted as set forth in the site plan approval. Directional signs shall have uniform appearance. Directional signs shall not exceed 10 square feet in sign area and shall not exceed 4.5 feet in height.
    4. The provisions of Section 15-43.2., "General provisions" of the Township Land Development Code Section 15-43. "Signs" shall apply.

SECTION TWO. The Zoning Map of the Township of Randolph, Morris County, New Jersey is hereby amended to reflect the Zoning Map revisions set forth in this Ordinance and as set forth in the attached Exhibit A entitled, "Exhibit A: Proposed Village Center Residential (VCR) - 5 District."

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

_____________________________
Marie Potter, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 17-22

Notice is hereby given that an Ordinance entitled "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Establish the Village Center Residential (VCR) - 5 District" 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, 2022, 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 June 23, 2022, 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 to amend Article III, Zoning,of the Land Development Ordinance of the Township of Randolph, to establish the Village Center Residential (VCR) - 5 District for the properties depicted on the zoning map as amended and attached hereto as Exhibit A that will allow for the construction of an inclusionary development that will assist the Township in satisfying a portion of its affordable housing obligation.

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