Ordinance No. 22-14

Introduced: July 31, 2014
Public Hearing: September 4, 2014
Status: Adopted

An ordinance granting a conservation restriction/easement over a portion of Block 222, Lot 11.01 on the official tax map of the Township of Randolph to the New Jersey Department of Environmental Protection

WHEREAS, the Township of Randolph (“Township”) is the owner in fee simple of certain real property located in the Township of Randolph, County of Morris, New Jersey, designated as Lot 11.01, Block 222 on the official Tax Map of the Township Randolph (hereinafter “the Property”); and

WHEREAS, the Township has obtained a Flood Hazard Area Permit NJDEP File No. 1432-14-0001.1, pursuant to the Flood Hazard Area Control Act, N.J.S.A. 58-16A- 50, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, in connection with the construction of a new sanitary sewer interceptor and lift station on the Property; and

WHEREAS, the Permit issued to the Township is conditioned upon the recording of a Conservation Restriction/Easement in favor of the New Jersey Department of Environmental Protection (“NJDEP”), pursuant to N.J.A.C. 7:13-10.2(t), for the riparian zone compensation area (hereinafter the “Restricted Area”); and

WHEREAS, riparian zones play a significant role in the maintenance of water quality by reducing and removing nutrients and pollutants from surface water runoff, trapping sediments, and stabilizing soil; and

WHEREAS, riparian zones cumulatively play a significant role in moderating storm flows to streams thereby reducing downstream flooding, provide flood storage capacity and groundwater recharge, and provide shade to the water body providing a more stable aquatic habitat for a variety of aquatic and terrestrial species, for the benefit of the public; and

WHEREAS, the Township desires to grant a Conservation Restriction/Easement in order to grant to the NJDEP a Conservation Restriction/Easement on the Property to restrict subsequent development of the Restricted Area.

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

SECTION 1. The Grant of Conservation Restriction/Easement (Riparian Zone Compensation), dated April 25, 2014, from the Township to the New Jersey Department of Environmental Protection over a portion of Block 222, Lot 11.01, is hereby approved.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said Conservation Restriction/Easement and, together with all other appropriate officers and employees, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.

SECTION 3. 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 4. 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 5. 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

_____________________________
James Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 22-14

Notice is hereby given that an Ordinance entitled “An Ordinance Granting A Conservation Restriction/Easement Over a Portion of Block 222, Lot 11.01 On The Official Tax Map Of The Township Of Randolph To The New Jersey Department Of Environmental Protection” 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 31, 2014 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 September 4, 2014 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 grant a Conservation Restriction/Easement over a portion of Block 222, Lot 11.01 to the New Jersey Department Of Environmental Protection as a condition of receipt of a Flood Hazard Area Permit.

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