Ordinance No. 38-07

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

Amendment to Chapter 15, Land Development Ordinance, Article V, Site Plan and Subdivision Requirements, Section 15-79, Site Amenities, Subsection 15-79.2, Walls and Fences, of the Revised Ordinances of the Township of Randolph

WHEREAS, pursuant to N.J.S.A. 40:48-1, a municipality may make, amend, repeal and enforce Ordinances to manage, regulate and control real property of the municipality; and

WHEREAS, the Township of Randolph (Township) desires to amend Chapter 15, Land Development Ordinance, Article V, Site Plan and Subdivision Requirements, Section 15-79, Site Amenities, Subsection 15-79.2, Walls and Fences, of the Revised Ordinances of the Township of Randolph in order to clarify the height restrictions for fences.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

SECTION ONE. Chapter 15, Land Development Ordinance, Article V, Site Plan and Subdivision Requirements, Section 15-79, Site Amenities, Subsection 15-79.2, Walls and Fences, paragraph D, of the Revised Ordinances of the Township of Randolph shall be amended to read as follows:

D. No fence or wall shall exceed a height of four (4) feet in the front yard. In the case of corner lots, such restrictions shall apply to both street frontages. No fence or wall shall exceed six (6) feet in height in side or rear yards. At the discretion of the Planning Board or Zoning Board of Adjustment, a fence or wall exceeding a six (6) foot height shall be permitted if screening is enhanced by the deviation. Retaining walls shall be regulated by Section 15-79.2L.

SECTION TWO. All Ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. 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 portions of this Ordinance.

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

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

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Allen M. Napoliello, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 38-07

NOTICE IS HEREBY GIVEN that an Ordinance entitled “Amendment to Chapter 15, Land Development Ordinance, Article V, Site Plan and Subdivision Requirements, Section 15-79, Site Amenities, Subsection 15-79.2, Walls and Fences, of the Revised Ordinances of the Township of Randolph” 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 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 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 amend and clarify the height requirements for fences.

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.

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