Ordinance No. 20-09

Introduced: July 2, 2009
Public Hearing: August 6, 2009
Status: Adopted

An ordinance amending Section 15-91.11, Refund of Fees, of Article IV, Supplementary Zoning, of the Land Development Ordinance of the Township of Randolph

WHEREAS, the Municipal Land Use Law 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, Section 15-91.11, Refund of Fees, of the Land Development Ordinance states that if a fee is paid to the Township of Randolph (“Township”) and the application for development submitted with that fee is withdrawn or terminated by the applicant prior to a public hearing or other action by the Township, the Township shall retain fifty percent (50%) of the application fee to cover review and processing expenses; and

WHEREAS, it may not be necessary to retain fifty percent (50%) of the application fee in all cases to cover review and processing expenses because the majority of the work performed by Township staff and professionals is charged to the escrow account established for each development application separate and apart from the application fee; and

WHEREAS, the Township desires to amend Section 15-91.11, Refund of Fees, of the Land Development Ordinance of the Township of Randolph to authorize the Township Council to refund up to ninety percent (90%) of a fee if a development application is withdrawn or terminated by the applicant before a public hearing or other action by the Township and based upon the level of services expended as recommended by Township staff.

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. Section 15-91.11, Refund of Fees, 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:

15-91.11. Refund of Fees.

In the event that a fee is submitted to the Township in accordance with the provisions of section 15-91 and the application submitted with said fee is subsequently withdrawn or otherwise terminated by the applicant prior to a public hearing or other action by the Township, staff can make a recommendation that the Township Council refund a portion of the application fee based upon the level of effort and services provided. The Township Council may, but is not required to, refund up to ninety percent (90%) of said application fee.

SECTION TWO. 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 THREE. This Ordinance may be renumbered for codification purposes.

SECTION FOUR. 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 FIVE. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Edward A. Metz, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 20-09

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 15-91.11, Refund Of Fees, Of Article IV, Supplementary Zoning, Of The Land Development Ordinance of the Township of Randolph” 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 July 2, 2009 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 August 6, 2009 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 Section 15-91.11, Refund of Fees, of the Land Development Ordinance of the Township of Randolph to authorize the Township Council to refund up to ninety percent (90%) of the application fee if a development application is withdrawn or terminated by the applicant before a public hearing or other action by the Township and based upon the recommendation of Township staff.

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