Ordinance No. 25-16
Introduced: November 3, 2016
Public Hearing: December 1, 2016
An ordinance amending the land development ordinance of the Township of Randolph, Morris County, New Jersey to allow garden apartment affordable housing as a conditional use in the R-4 Garden Apartment 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 its existing Land Development Ordinance to allow garden apartment affordable housing as a conditional use in the R-4 Garden Apartment District.
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 15-19.1.C. of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:
2. Garden apartment affordable housing.
SECTION TWO. Section 15-35 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:
15-35.20. Garden Apartment Affordable Housing.
- Purpose. These regulations are intended to provide a realistic opportunity for the construction of new garden apartments and the creation of affordable very-low, low and moderate income dwelling units.
- All Garden Apartment Affordable Housing communities shall comply with the following conditions:
- Minimum lot area of ten (10) acres.
- Maximum building height of forty five (45) feet measured from the top of the highest roof to the averaged finished grade. The maximum building height shall be reduced to thirty-five (35) feet for structures located within one hundred (100) feet of a single-family residential zone district.
- Minimum setback: No building shall be located within seventy five (75) feet of any public right-of-way. Every building or structure shall have a minimum setback of twenty (20) feet from all interior development roads and shall have a setback of fifty (50) feet from adjoining property lines bounding the development area.
- Maximum density: 15.5 dwelling units per acre.
- Maximum units per structure: 40 dwelling units.
- Minimum distance between buildings: Twenty (20) feet.
- Location: No dwelling unit or any portion thereof shall be located in a story below grade plane.
- Affordable housing: The developer shall provide dwelling units affordable to very-low, low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency with jurisdiction over affordable housing. The number of affordable units shall be no less than fifteen (15%) percent of the number of new market rate units constructed. Affordable dwelling units may be provided through new construction or the conversion of existing units.
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
Roman B. Hirniak, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 25-16
Notice is hereby given that an Ordinance entitled “An Ordinance Amending the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Allow Garden Apartment Affordable Housing as a Conditional Use in the R-4 Garden Apartment 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 November 3, 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 December 1, 2016 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 the existing Land Development Ordinance to allow garden apartment affordable housing as a conditional use in the R-4 Garden Apartment District.
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