502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

Ordinance No. 34-22

Introduced: November 17, 2022
Public Hearing: December 8, 2022
Status: Adopted

An Ordinance Amending Sections 15-2.2, 15-5.4, 15-35, 15-26 and 15-31 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 ("Township" or "Randolph") undertook a review of its Land Development Ordinance with regard to the regulation of community residences for people with disabilities; and

WHEREAS, the Township recognizes that the Fair Housing Act as amended (42 U.S.C. 3601) provides protections for persons with disabilities; and

WHEREAS, the Fair Housing Act does not preempt local zoning laws or preclude the adoption, amendment or enforcement of zoning regulations by the Township pursuant to its local police powers as long as the zoning regulations are consistent with state and federal law, including the Fair Housing Act as amended; and

WHEREAS, zoning regulation of community residences for people with disabilities should seek to achieve legitimate government interests, actually achieve those legitimate government interests, and be the least drastic means of actually achieving those legitimate government interests; and

WHEREAS, the clustering of community residences on a block or in a neighborhood undermines the ability of community residences to achieve normalization and community integration for their residents which is one of the essential purposes of a community residence for people with disabilities; and

WHEREAS, the Township desires to amend Sections 15-2.2, 15-5.4, 15-35, 15-26 and 15-31 of the Land Development Ordinance of the Township of Randolph to include zoning regulations that achieve those legitimate government interests and provide clarity and certainty to the public and the prospective operators of community residences for people with disabilities on where such community residences may locate as of right and via conditional use permits.

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 and supplemented by the addition of the following:

Cooperative sober living residence means a recovery home that is a rooming or boardinghouse that has been issued a Class "F" License by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.

Oxford house model recovery home means a recovery home in which the residents are self-governing, all residents contribute to the maintenance and expenses of the house, the residents determine who can reside in the house, there is no limit to how long an individual can reside in the house, there is no addiction treatment, therapy, or paid staff provided, the house operates as a single housekeeping unit, and the house is not required to be licensed by the New Jersey Department of Community Affairs.

SECTION TWO. Subsection A.1. of Section 15-5.4, Notice of application for development, 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:

  1. Developments. Public notice of hearing on an application for development shall be given except for minor subdivisions as defined by this Chapter, final subdivision plat approvals and conventional site plan review for applications involving less than one (1) acre of land, provided that any such application proposes less than ten (10) dwelling units or two thousand (2,000) square feet of building or structure. Public notice shall be given for all conditional use applications.

SECTION THREE. Section 15-35, Conditional Uses, of 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:

15-35.21. - Cooperative Sober Living Residence

  1. Purpose. These regulations are intended to provide a reasonable accommodation for persons with disabilities.
  2. All Cooperative Sober Living Residences shall comply with the following conditions:
    1. The owner obtains a Class F license to operate a cooperative sober living residence from the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.
    2. Minimum distance to other Cooperative Sober Living Residence or non-Oxford house model recovery home use: 200 feet
  3. Structures are regulated under the residential regulations of the underlying zone district.

SECTION FOUR. Subsection C., Conditional uses, pursuant to the requirements in Section 15-35, of Section 15-26.2, Permitted Uses, of Section 15-26, B-1 Neighborhood Business District, of 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:

  1. Cooperative sober living residence. All other rooming houses and boardinghouses are prohibited.

SECTION FIVE. Subsection C., Conditional uses, pursuant to the requirements in Section 15-35, of Section 15-31.2, Permitted Uses, of Section 15-31, PO/R Professional Office and Residential District, of 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:

  1. Cooperative sober living residence. All other rooming houses and boardinghouses are prohibited.

SECTION SIX. 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 SEVEN. This Ordinance may be renumbered for codification purposes.

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

ATTEST TOWNSHIP OF RANDOLPH

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Marie Potter, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 34-22

Notice is hereby given that an Ordinance entitled "An Ordinance Amending Sections 15-2.2, 15-5.4, 15-35, 15-26 and 15-31 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 November 17, 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 December 8, 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 Sections 15-2.2, 15-5.4, 15-35, 15-26 and 15-31 of the Land Development Ordinance of the Township of Randolph to include zoning regulations for community residences for people with disabilities that achieve legitimate government interests and provide clarity and certainty to the public and the prospective operators of such community residences on where the community residences may locate as of right and via conditional use permits.

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