Ordinance No. 37-07

Introduced: December 6, 2007
Public Hearing: January 17, 2008
Status: Adopted

An ordinance confirming the R-5 zoning designation on Block 199, Lot 6 as designated on the official tax map of the Township of Randolph in existence in 1988 and rezoning, as necessary, that portion of Block 199, Lot 9 as designated on the official tax map of the Township of Randolph in existence in 1988 that was subsequently appended to Block 199, Lot 6, from the R-1 Zone District to the R-5 Zone District

WHEREAS, in Section 2B of Ordinance 31-99 a triangular portion of allegedly then existing Block 199, Lot 7 which abutted then existing Block 199, Lot 9, having the approximate dimensions of 150' x 750' was rezoned as an R-1 Zone District; and

WHEREAS, that triangular portion of property had theretofore been merged with Block 199, Lot 6 by virtue of a minor subdivision of Block 199, Lots 6, 7 and 9 as perfected by Deed dated March 21, 1989 and recorded in the Office of the Morris County Clerk on March 27, 1989 in Book 3108, Page 0303 and

WHEREAS, that merger was inadvertently not recognized by the Township of Randolph (“Township”) in Ordinance 31-99; and

WHEREAS, the Township desires to amend the zoning of that triangular piece of property to the R-5 Zone District which is the manner in which the balance of Block 199, Lot 6, to which this triangular piece was appended is zoned; and

WHEREAS, the adoption of this ordinance will make the zone line between the R-5 and R-2 properties coincident with the common lot line between Block 199, Lot 6 and Block 199, Lot 9 as shown on the current Official Tax Map of the Township of Randolph and consistent with the intent of the Township.

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. A certain property generally located on the South side of Mount Pleasant Turnpike and South of Appio Drive which was previously allegedly part of Block 199, Lot 7 and subsequently annexed to Block 199, Lot 6 as shown on the current Official Tax Map of the Township of Randolph is hereby rezoned from the R-1 Zone to the R-5 Zone, thereby placing all of Block 199, Lot 6 as shown on the current Official Tax Map of the Township of Randolph into the R-5 Zone as originally intended by the Township. The entire Block 199, Lot 6 as shown on the current Official Tax Map of the Township of Randolph which will be zoned R-5 is more particularly described in Schedule A, entitled “LEGAL DESCRIPTION OF TAX MAP BLOCK 199, LOT 6, LOT 7 AND A PORTION OF LOT 9, TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” to a Deed from Emanual P. Goldblatt, et al. to Emanual P. Goldblatt, et al., dated March 21, 1989 and recorded in the Office of the Morris County Clerk in Book 3108 of Deeds, Page 0303 on March 27, 1989.

SECTION 2. The Zoning Map of the Township of Randolph, Morris County, New Jersey is hereby amended to reflect the Zoning Map revisions as set forth in this Ordinance. The portion of the zoning map to be revised by the rezoning set forth in this Ordinance is attached hereto as Exhibit A.

SECTION 3. All other ordinances of the Township of Randolph which are inconsistent with provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 4. If any subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid in any Court of competent jurisdiction, such ruling shall not affect the remaining portion of this Ordinance.

SECTION 5. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Allen M. Napoliello, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 37-07

Notice is hereby given that an Ordinance entitled “An Ordinance Confirming the R-5 Zoning Designation on Block 199, Lot 6 as Designated on the Official Tax Map of the Township of Randolph in Existence in 1988 and Rezoning, as Necessary, That Portion of Block 199, Lot 9 as Designated on the Official Tax Map of the Township of Randolph in existence in 1988 that was Subsequently Appended to Block 199, Lot 6, From the R-1 Zone District to the R-5 Zone 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 December 6, 2007 and was introduced, read by title and, under protest, passed on the 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 a second reading and final passage thereof under protest at their regular meeting to be held on January 17, 2008 at 8:00 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 held thereon by the Governing Body and all parties in interest and citizens shall have the opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of this Ordinance is to rezone that portion of Block 199, Lot 6 as is shown on the current Tax Map, which is currently zoned R-1 to R-5 in order that the entirety of Block 199, Lot 6 as shown on the current Official Tax Map of the Township of Randolph and as further described in the Ordinance is zoned R-5.

A copy of this 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 8:30 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey