Ordinance No. 25-21

Introduced: July 8, 2021
Public Hearing: July 22, 2021
Status: Adopted

An Ordinance Amending Sections 15-2.2 And 15-11.13 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

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 Board of Adjustment (“Board of Adjustment”) issued an Annual Report recommending certain revisions to the Land Development Ordinance of the Township of Randolph regarding Decks; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Sections 15-2.2, and 15-11.13 of the Land Development Ordinance of the Township of Randolph consistent with the revisions recommended by the Board of Adjustment.

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 by the addition of the following:

Deck means a roofless outdoor space built as an aboveground platform projecting from the wall of a building, connected by structural supports at grade or by the building structure and having no roof and no enclosed sides.

SECTION TWO. Section 15-11.13, General Provisions, 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:

15-11.13. - Structures permitted within required yard area.

1. The following structures are not permitted within the required yard areas unless they meet the following criteria:
   1. Open porches and porticos not over one story high attached to single- and two-family dwellings shall be considered as part of the principal structure and may project into any required yard area, provided that:
      1. Not more than 100 square feet of said structure shall project into the required yard area; and
      2. No portion of any such structure shall be closer than ten feet to any property line as measured horizontally.
      3. The maximum depth of the structure shall be eight feet.
   2. Decks attached to first floor of single- and two-family dwellings may project into the side or rear yard with the following limitations when the deck is:
      1. Located in side yard:
         1. Not more than 80 square feet of such structures may project into the required yard area; and
         2. No portion of any such projection shall be closer than ten feet to any property line as measured horizontally.
      2. Located in rear yard:
         1. The deck does not occupy more than 20% of the existing rear yard area; and
         2. The side and rear setback is at least equal to twice the height of the deck as measured from the grade plane to the highest point of the deck floor, but the minimum side setback shall never be less than ten feet and the rear setback shall never be less than thirty feet to any property line as measured horizontally.

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

_____________________________
Mark Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 25-21

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-2.2 and 15-11.13 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey” 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 8, 2021 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 22, 2021 at 6:00 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 15-11.13 of the Land Development Ordinance consistent with certain revisions recommended by the Township of Randolph Board of Adjustment regarding Decks.

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