Certain uses which are now or may be established with the Township by their nature, require the imposition of special conditions to assure that they may be established or enlarged within the purposes and intent of this article.

Accordingly, the following conditional uses are permitted in the zones designated pursuant to Section 54, Chapter 291, P.L. of New Jersey 1975.[1] Before a building permit is issued, however, the Planning Board shall ascertain that such proposed conditional uses can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and this Part 4, Zoning, that all special conditions as hereinafter set forth have been met and that all other terms and conditions of this article and all applicable Township ordinances have been met.

The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by developer to the Planning Board or, within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include the required site plan review pursuant to Part 2 of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this article shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Building Inspector for the purposes of issuing a building permit.

Whenever review or approval of the application by the Morris County Planning Board is required by N.J.S.A. 40:27-6.6, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Morris County Planning Board or approval by the Morris County Planning Board by its failure to report thereon within the required time period.

The lot shall contain a minimum of four acres measured within 440 feet of the front street property line.

The side yards combined must equal 40% of the lot width and no side yard shall be less than 50 feet.

Application for permit. Any person desiring to use any premises, or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage or service station shall make application, in writing, to the Planning Board by filing the same with the Secretary of the Board. Such application shall set forth the following information and shall be accompanied by such papers or documents which shall contain the following:

Hearing by Planning Board. Upon the filing of such application, the Planning Board shall fix a date and place for a public hearing to be held on such application. If after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure intended to be used as a public garage or service station, and other hazards, existing conditions and surroundings, the Planning Board shall find that such proposed use will not be detrimental to the health, safety and general welfare of the community, and is reasonably necessary for the convenience of the community, it shall grant the application, and shall make and enter its order directing the Building Inspector to issue a permit in accordance with the application. Notice of the public hearing shall be published and served as set forth in Part 1 of this chapter.

Requirements. Anything in this article to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a public garage or service station unless the plot plan shows that:

Purpose. The purpose of this section is to set forth a complete comprehensive and orderly procedure for obtaining from the Planning Board permits for the use of lands and premises as public garages and service stations, as a conditional use.[1]

Building permits and temporary certificates of occupancy for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery and the assembly of building materials may be authorized by the Planning Board after a public hearing. In addition, the Planning Board, after public hearing, may authorize a temporary certificate of occupancy for one dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision development provided all of the following requirements are complied with:

A temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. Under unusual circumstances, such permit may be renewed for a maximum of 12 additional months by the Planning Board after a public hearing. The issuance of any temporary permits shall be conditioned upon the signed agreement by the applicant to remove any temporary structure or use within 10 days of the expiration of the temporary permit.

Definitions. For the purpose of this section, the following terms are defined as follows:

Notwithstanding any other provisions of this chapter, a private helistop may be permitted as a conditional use in the I-2 Zone, subject to a determination by the Planning Board that it is in compliance with this section.

Prior to approval, an application and site plan shall be submitted to the Planning Board pursuant to Part 2. They shall also contain such additional information as may be reasonably necessary for the Planning Board to make a determination that the conditions set forth in this section have been met. Said application and site plan shall include the following:

It shall be determined by the Planning Board that the particular helistop is reasonably necessary and its operation will not adversely affect the character of the neighborhood in a substantial way.

The landing and takeoff area shall be at least 1 1/2 times in both length and width, but not less than 75 feet by 75 feet, the length of the helicopter which the helistop is intended to serve and shall be located at least 700 feet from the nearest Residential Zone boundary, as well as 700 feet from any other helipad.

The landing and takeoff area shall be suitably paved to accommodate the load factor determined by the weight of the helicopter which the helistop is intended to serve, as determined by the Township Engineer.

The area surrounding the landing and takeoff area shall be suitably stabilized so as to be dust-proof.

Provision shall be made for adequate storm drainage so that surface water is drained away from the landing and takeoff area and, such drainage shall not adversely affect adjoining properties.

Provision shall be made for a chain-link or other suitable type of fence not less than three feet in height around the periphery of the landing and takeoff area to keep unauthorized persons out of this area and it shall be so identified with signs.

Provision shall be made for at least two approach and departure paths separated by an area of at least 90°. Such approach and departure paths shall be so located as to provide maximum safety for the aircraft using the facility, and to minimize the impact on surrounding development. Under normal operations these paths shall be adhered to and only when the safety of the aircraft will be compromised shall there be any deviation from the approved approach and departure paths.

Provision shall be made for lighting conforming to design guides, if any, established by the Federal Aviation Administration.

Suitable landscaping for the helistop based upon relation to adjoining streets, residence districts and surrounding buildings, if any, may be required by the Planning Board.

When appropriate off-street parking may be required, the amount of off-street parking shall be determined by the Planning Board based upon the proposed operation.

The Planning Board may impose conditions on approval of the application with regard to the scope of operations, including regulation of the hours of operation of the facility and of aircraft using same.

Any change in the scope of operations or changes to the site plan as originally approved shall require prior approval of the Planning Board.

Without limitation of the foregoing, and as a minimal requirement, the helistop shall in all respects conform to all design guides or construction and locations standards, if any, established by the New Jersey State Agency regulating such use or by the Federal Aviation Administration.

The size of helicopter shall be limited to 6,000 pounds gross, including passengers and gasoline.

The helipad shall be located a minimum of 60 feet from any existing or proposed building.

All conditions of approval imposed by the Planning Board on the applicant shall be recommended by the Board to the New Jersey State Agency regulating helistop operations for inclusion of those conditions on any license issued by said agency for the operation of a helistop at the site.

Nothing contained herein shall be construed as allowing the landing and take off of transient craft except in the case of emergencies.

The Affordable Housing Lot Modification AHLM procedure is permitted as a conditional use in the R-1 Zone only and is specifically limited in application to Lot 3, Block 10001, in order to permit a reduction in lot size provided that the standards established herein are complied with.

The AHLM procedure will permit the subdivision of Lot 3, Block 10001, into no more than 50 residential building lots exclusive of one or more lots that may be required exclusively for on-site drainage retention or detention.

Utilization of the AHLM procedure shall be consistent with the terms and conditions of a settlement agreement with addendum between Denville Township and Affordable Living Limited Partnership dated May 5, 1987.

Permitted and accessory uses utilizing the AHLM procedure shall be the same as those established for the R-1 Residence District.

The AHLM procedure will permit the development of Lot 3, Block 10001, into the maximum specified number of lots identified in Subsection B in compliance with the following area, yard and bulk requirements:

The provisions of this section are interpreted to be the minimum requirements for the promotion of the health, safety, morals and general welfare. Except to the extent herein provided, this section is not intended to interfere with, abrogate, repeal or annul other rules, regulations or ordinances; provided, however, that where this section imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of a building, or requires larger open spaces, the provisions of this section shall apply.

Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications service within the Denville area, wireless telecommunication towers, where permitted as a conditional use, shall be located in accordance with the following prioritized locations:

Co-location policy.

Height and setbacks. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:

Distance. Wireless telecommunications towers shall not be erected within 1,500 feet of any other existing or approved communication tower, any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.

Antenna modifications, and tower certification. Wireless telecommunication towers must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent) as it may be updated or amended. Operators of wireless telecommunications towers shall provide to Denville Township a bi-annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify Denville Township when the use of such antennas and equipment is discontinued. If the bi-annual report discloses that the condition of any tower presents an imminent hazard to the public health, safety and welfare, the Township Engineer shall order the owner of the tower to take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunication towers shall be maintained to ensure their continued structural integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

Abandonment and removal. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the facility owner at its cost. This removal shall occur within 90 days of the end of such six-month period. If such wireless telecommunication tower is not removed within said 90 days, the municipality may remove such tower at the owner's expense. If the facility is to be retained, the owner shall provide proof that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued to cover the costs of tower removal and site restoration. The amount of the bond shall have taken into consideration cost escalations.

Co-location required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless service providers will be permitted to co-locate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated. Ordinance limitations on the number of structures on a lot shall not apply when wireless telecommunication towers and equipment are located on a lot with buildings or structures already on it.

Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the co-location of additional antennas on the tower.

Fencing and other safety devices. Wireless telecommunication towers and equipment buildings and compounds shall be surrounded by a security feature such as a fence. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning or Zoning Board as may be necessary.

Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment buildings and compounds shall be screened in accordance with § 600-173.

Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunication tower or equipment building.

Color. Wireless telecommunication towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunication towers and antennas shall also comply with the provisions of § 600-173.

Activity and access. All equipment shall be designated and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.

Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.

Lighting. No lighting is permitted except as follows:

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except in emergency situations requiring the use of a backup generator.

Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and wireless telecommunication towers which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunication towers and Radio Frequency emission standards. Applicants for wireless telecommunication towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

Minimum tract area. The minimum tract area for the development shall be 50 acres.

Preservation of off-tract open space. Lots 1 and 10 in Block 40001 as shown on the Township Tax Maps, consisting of approximately 144 acres and including Hollstein Lake, shall be preserved as open space for passive or active recreational use in perpetuity through the transfer of ownership, with or without consideration, of the same to the Township of Denville or another not-for-profit organization established for the primary purpose of open space preservation, through deed restriction or through other legal means.

Maximum density. The density shall not exceed 2.2 dwelling units per gross acre of the tract located in the PARC District, provided that no more than 140 dwelling units shall be permitted in the district, regardless of tract acreage. For the purpose of this requirement, internal streets, roads and rights-of-way shall be included in the gross tract acreage calculations, and the tract may be bisected by an existing or proposed municipal street and may consist of two or more tax lots.

Permitted dwelling unit types. The dwelling unit buildings shall be limited to duplexes, townhouses, townhouse-duplex combinations, patio houses, zero lot-line dwellings or any combination of the foregoing.

Permitted accessory uses. Accessory uses shall be limited to the following:

Age restrictions for dwelling unit occupancy. Approval of a planned age-restricted community shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to federal Fair Housing Act.

Required conditions.

Prior to the issuance of a building permit for any use within this zone, the Planning Board shall review and approve a site development plan of the proposed use and shall ascertain that there has been compliance with all requirements of this article.