Mendham, NJ Zoning Ordinance

§ 215-4 Future uses, construction and changes.

No lot or building or part thereof may be erected, constructed, reconstructed, moved, converted or used after the adoption of this chapter except in conformity with its provisions.

The Zoning Ordinance for the Borough of Mendham shall be viewed as a permissive ordinance. In no instance after the adoption of this chapter shall any use be permitted in the Borough of Mendham which is not listed as a permitted, accessory or conditional use as specified herein. Any uses not permitted or specified shall be prohibited.

§ 215-5 Nonconforming uses, structures or lots.

[Amended 5-16-1988 by Ord. No. 6-88]

It is the purpose of this section to limit nonconforming uses, structures and lots and to restrict their expansion. However, the lawful use of land, buildings or structures existing when this chapter was first adopted may be continued on the lot or in the structure although they may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.

Abandonment. A nonconforming use shall be considered abandoned if it is discontinued for such a period of time and under such circumstances which, considered as a whole, would indicate an intention to abandon the use.

Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status.

Maintenance. Maintenance may be performed on a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot or building used for a nonconforming purpose or increase the nonconformity in any manner.

Nonconforming lots and structures. Any existing structure on a conforming or nonconforming lot which violates any zoning requirements, as set forth in Schedule I, Schedule Limiting Height and Area of Improvements, and Schedule II, Minimum Building Setbacks,[1] may have the following improvements made without the need for the grant of a variance, provided that the total permitted building coverage is not exceeded and the new accessory building and/or any addition to an existing accessory building or principal building does not violate any of the zoning requirements:

(1)

An addition to the principal building.

(2)

The construction of an accessory building.

(3)

An addition to an accessory building.

[1]

Editor's Note: Schedule I and II are included at the end of this chapter.

Restoration and repairs.

(1)

Any nonconforming building, structure or use which has been condemned or damaged by any means shall be examined by an architect, paid for by the applicant. If, in his or her certified written opinion, which opinion shall include the cost estimates upon which the opinion is based, the value of repairing the condition is equal to or greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by state statutes.

(2)

Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.

(3)

The percent damaged or condemned shall be the current replacement cost of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.

(4)

If the Borough Engineer, upon receipt of the cost estimate to repair the building or structure, questions the method used to arrive at the estimate or questions the estimate itself, the Borough shall have the authority to request additional information from the architect preparing the estimate. In addition, where the Borough Engineer disagrees with the cost estimate submitted, the Borough shall have the right to retain its own architect to verify the cost estimate or to prepare a new estimate before accepting or rejecting the estimate submitted by the applicant.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner, subject to the above limitations.

§ 215-6 Restoration of unsafe buildings or structures.

Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition of any part of any building declared unsafe or unlawful by the Zoning Officer, the Chief of the Fire Department or other duly authorized Borough officials.

§ 215-7 Outdoor storage and parking.

[Added 6-6-1988 by Ord. No. 10-88; amended 5-21-2007 by Ord. No. 6-07]

In any residence zone or on any residential property in any zone, it shall be unlawful to keep or store tires, mattresses, furniture, appliances, plumbing fixtures, vehicle parts or other large items, except in a fully enclosed permanent structure, or to park vehicles on lawns or to park vehicles in the front yard of any dwelling except in a driveway. No disabled, unlicensed or otherwise nonoperating vehicle shall be parked within the front yard area of any residential lot. Notwithstanding the above, a permit may be obtained from the Zoning Officer, for a fee as set forth in Chapter 102, Fees, to maintain a temporary portable containerized property storage unit (PCPSU) on any residential property in the Borough for a period of time not to exceed 30 days or as expended, provided that for good cause shown, the Zoning Officer may permit an extension of not more than an additional 30 days. The PCPSU shall be well maintained, in good working order, rust free, and locked and secured when unattended. The PCPSU shall not be larger than nine feet high by eight feet wide by 19 feet long and shall be originally designed and created for residential storage use purposes. Converted truck trailers or similar industrial storage containers shall not be considered a PCPSU with regards to this Code and shall not be permitted in any zone. Stacking of the PCPSUs shall be prohibited.

§ 215-8 Sign regulations.

[Amended 6-2-1997 by Ord. No. 7-97; 6-18-2007 by Ord. No. 9-07; 11-3-2008 by Ord. No. 18-08; 10-15-2012 by Ord. No. 8-12]

Intent and construction. The intent of this section is to regulate all signs within the Borough so that they do not intrude upon the small-town, 19th Century atmosphere that has been created by the presence of the many 18th and 19th Century buildings that have been so well maintained throughout the years. The standards established herein are designed to implement the goals and objectives as set forth in the Mendham Borough Master Plan's Vision Statement and the Elements addressing the Borough's Land Use Plan, Historic Preservation and Community Facilities Plan in particular. To the extent permitted by general law, the provisions of this section shall be construed to serve that purpose.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AWNING/CANOPY SIGN

Any sign in the form of lettering or graphic display that is incorporated into an awning or canopy.

BILLBOARD SIGN

A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

CIVIC EVENT SIGN

A temporary sign in conformance with the requirements of this chapter which is not a commercial sign, posted to advertise a civic event sponsored by a public agency, school, house of worship, civic-fraternal organization, or similar noncommercial organization located within Mendham Borough. A civic event sign may consist of a portable sign or a temporary window noncommercial sign in accordance with the standards of this chapter.

CONTRACTOR SIGN

A temporary sign identifying an architect, engineer, contractor, subcontractor, material supplier, landscape architects, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

DIRECTIONAL SIGN

A sign which directs traffic, indicates parking, prohibits trespassing, designates public conveniences or contains other directions or prohibitions.

ELECTRONIC MESSAGE BOARD SIGN

A sign with a fixed or changing display and/or message composed of a series of lights that may be changed through electronic means such as but not limited to light-emitting diodes (LED) or liquid crystal display (LCD) technology.

FREESTANDING PERMANENT SIGN

A nonmovable permanent structure made up of one or more signs, which structure is not affixed to a building but is standing apart therefrom.

INSTITUTIONAL SIGN

A sign which by symbol or name identifies an institutional use such as schools, colleges, houses of worship and other institutions of a similar public or semipublic nature, and may also provide the announcement of services or activities to be held therein.

LIGHT-EMITTING DIODE/DISPLAY (LED) AND LIQUID CRYSTAL DISPLAY (LCD)

Electronic devices that channel light through tubes to produce words and graphics, which may be static or changing, for the purpose of conveying information and advertisement.

NEON SIGN

Any sign that uses neon, argon, or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon, or any similar gas lighting on or near the exterior of a building or window.

NONCONFORMING SIGN

A sign lawfully erected and maintained prior to the adopting of this section that does not conform with the requirements of this chapter.

OFF-PREMISES OPEN HOUSE SIGN

A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.

POLITICAL SIGN

A temporary sign announcing or supporting candidates or issues in connection with any national, state, county or local election.

PORTABLE SIGN

A sign designated or intended to be moved easily that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure. Portable signs shall be limited to "A" frame signs (also referred to as sandwich boards) and wire frame signs. Portable signs may include civic event signs in accordance with the standards of this chapter.

REAL ESTATE SIGN, ON-SITE

A sign announcing the sale or rental of the property upon which the sign is located.

ROOF SIGN

Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure.

SIGN

The name, identification, description, illustration or any other visual display which is affixed to or painted on a building, structure or land.

SIGN AREA

The area included within the outer dimensions of a sign or signs, including borders and frames, but not including structural frames or supports if they are not used for advertising purposes. The sign area of a sign or signs with no clearly defined border is the area within the perimeter of a rectangle, triangle or circle which would enclose such a sign or signs.

WALL SIGN

A sign which is affixed to or painted on any exterior wall of a building.

WINDOW SIGN, PERMANENT

A sign which is attached to or painted on either the inside or outside of an exterior window or which is placed or intended to be viewed through an exterior window.

WINDOW SIGN, TEMPORARY, NONCOMMERCIAL

A sign providing notice of a current civic event as defined in this chapter and in accordance with the standards herein.

Signs in all residential zones. The following signs are permitted in all residential zones:

(1)

Nameplate and identification signs. A sign indicating the name or address of the occupant is permitted, provided that the sign shall be no larger than two square feet. Identification of a permitted home occupation may be included on the sign. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.

(2)

Real estate, on-site contractors, civic event signs, and political signs. Signs advertising the sale or rental of the premises upon which they are located, contractors as defined in this chapter performing work on the site containing the sign, civic events as defined in this chapter and political signs may be permitted, provided that:

(a)

The size of any such sign shall not exceed six square feet.

(b)

The placement of any sign shall be ground-mounted only and shall not exceed a height of four feet from grade.

(c)

The maximum number of such signs of any combination permitted to be displayed at the same time shall not exceed two.

(d)

Real estate, on-site contractors and civic event signs shall be removed when the premises are sold or rented or when work has been completed on the premises or within two days following the conclusion of the civic event.

(e)

The restrictions shall not apply to signage placed upon a property by an agency of the State of New Jersey or a federal agency.

(f)

Civic event signs shall be limited to portable signs as defined in this chapter and shall comply with the following requirements:

[1]

Maximum of 10 signs per event to be posted within the residential zone districts with a limit of one sign per lot.

[2]

Total sign area shall not exceed six square feet.

[3]

Maximum height shall not exceed four feet above grade.

[4]

A Civic event sign shall not be erected sooner than two weeks prior to the event and must be removed two days after the event. No sign permitted hereunder shall remain standing for longer than three weeks.

[5]

Civic event signs on Borough-owned property shall be limited to Mountain Avenue Park and Westfield Park.

[6]

No civic event portable signs shall be permitted on any property located in the Historic District Overlay Zone.

[7]

The cumulative maximum number of civic event portable signs permitted at any time in the Main Street Corridor shall not exceed two.

(3)

Developments with four or more homes for sale may be advertised with one sign, of which the sign area shall not exceed 25 square feet. Such signs shall be removed when 95% of the lots have been initially sold. Said restrictions shall not apply to signage placed upon a property by an agency of the State of New Jersey or a federal agency.

(4)

Institutional signs. Signs of schools, colleges, houses of worship and other institutions of a similar public or semipublic nature may be erected and maintained on the premises containing the principal use associated with the signs, provided that:

(a)

A maximum of two permanent freestanding signs for each institution subject to the standards in Subsection C(4)(b) and (c), below.

(b)

One freestanding sign shall be permitted with a maximum sign area of 25 square feet and a maximum height of six feet above grade.

(c)

One freestanding sign to serve as a bulletin board only to identify and announce the activities of the institution with a maximum sign/display area of 12 square feet and a maximum height of six feet above grade.

(5)

Off-premises open house sign. Signs advertising the sale or rental of a premises other than the property upon which the sign is located and providing directions to the subject property in accordance with the procedures set forth in Subsection E.

Signs in all business zones. The following signs are permitted in each of the Borough's business zone districts:

(1)

Freestanding signs subject to the following:

(a)

No more than one freestanding sign shall be permitted on a lot regardless of the number of establishments on the property.

(b)

Maximum sign area shall not exceed 25 square feet.

(c)

Maximum height shall not exceed 10 feet above existing grade.

(2)

Wall and window signs which direct attention exclusively to a permitted business conducted on the premises on which such sign is located or to a product sold or service supplied by such business and deemed to be an integral part of it. Said signs shall comply with the following:

(a)

The sign area of wall signs shall not exceed 5% of the area of the building face fronting on the street, as measured by the width times the height to the roofline or the ceiling of the second story, whichever is less.

(b)

For the purpose of determining allowable sign area on any premises, permanent window signs shall be treated as wall signs and shall be included in the total sign allowance.

(c)

Signage in windows, excluding temporary, noncommercial window signs as defined in this chapter, shall not exceed 30% of the window surface area.

(3)

Portable signs other than civic event signs by permitted businesses shall be allowed under the following terms and conditions:

(a)

The signs shall be made of permanent quality material and shall contain professional lettering.

(b)

Each sign shall be not larger than two feet by three feet.

(c)

Maximum height shall not exceed four feet from grade.

(d)

Not more than one such sign shall be allowed per lot.

(e)

No sign shall be placed in any parking space, traffic aisle or pedestrian walkway, between the street and sidewalk, or in a manner to cause any pedestrian or vehicular traffic obstruction.

(f)

A portable sign shall be displayed only during the regular business hours of the business and shall be removed from view at the close of the business day.

(g)

A portable sign may contain advertisement for more than one business on the same property, provided that said sign complies with all other applicable requirements. No sign may direct attention to a business conducted on a property other than that on which the sign is located.

(h)

Each portable sign shall be subject to the issuance to the tenant or property owner of an annual permit by the Zoning Officer, which permit shall specify the terms and conditions of this subsection. The fee for the permit shall be as set forth in Chapter 102.

(i)

The terms and conditions of this subsection shall be enforced by the Police Department or Zoning Officer of the Borough of Mendham.

(j)

Violators shall be subject to a written warning for the first offense, a fine not to exceed $100 for the second offense and a maximum fine not to exceed $250 for each subsequent offense. All illegal signs may be confiscated by the police or Zoning Officer of the Borough of Mendham. If the signs are not picked up or retrieved within 24 hours of such confiscation, they may be discarded.

(k)

All tenants or property owners must display a current sign permit, as determined by the Zoning Officer, on the face of the sign.

(4)

Civic event signs. Civic event signs advertising annual activities or temporary events sponsored by a public agency, school, house of worship, civic-fraternal organization, or similar noncommercial organization shall be subject to the following standards:

(a)

Portable signs.

[1]

Total sign area shall not exceed six square feet.

[2]

Maximum height shall not exceed four feet from grade.

[3]

A civic event sign shall not be erected sooner than two weeks prior to the event and must be removed within two days after the event. No sign permitted hereunder shall remain standing for longer than three weeks.

[4]

Such signs shall not interfere with traffic visibility.

[5]

No activity or event may be advertised more than once at the same lot in any calendar year. All signs permitted hereunder shall require sign permits but shall be exempt from the permit fee.

[6]

No civic event portable signs shall be permitted on any property located in the Historic District Overlay Zone.

[7]

The cumulative maximum number of civic event portable signs permitted at any time in the Main Street Corridor shall not exceed two.

(b)

Window sign, temporary, noncommercial.

[1]

Limit of one sign per business establishment.

[2]

Maximum sign area of each sign shall not exceed four square feet.

[3]

General regulations.

(1)

Signs requiring site plan approval shall be governed by the following:

(a)

A sign plan shall be submitted to the Planning Board or, where applicable, the Zoning Board of Adjustment, for approval. To promote a desirable visual environment, the sign plan shall be consistent with the architecture and materials of the principal structure and landscaping plan and shall be consistent with and not substantially different from the existing neighborhood pattern.

(b)

Freestanding signs and window and wall signage shall comply with the requirements as set forth in this chapter.

(2)

A sign permit is required and shall be obtained from the Borough Zoning Officer and the Construction Code Official for the erection, alteration or reconstruction of any sign except:

(a)

Nameplate and identification signs.

(b)

Real estate signs.

(c)

On-site contractor's signs.

(d)

Political signs.

(e)

Civic event signs which qualify as a "window sign, temporary, noncommercial" sign as defined in this chapter.

(3)

Fees for all sign permits pursuant to Chapter 102 shall be required, except for a civic event sign which shall not require a fee for issuance of a permit and the signs listed in Subsection E(2) in this section.

(4)

No moving or apparently moving signs shall be permitted.

(5)

No signs which use reflective material shall be permitted.

(6)

All permanent signs permitted by this section may be lighted, provided that:

(a)

Such lighting shall be by white light only.

(b)

Lights for signs must be so shielded that the light produced shall not shine on adjacent properties.

(c)

No sign shall have its light source from within the sign.

(d)

No exposed neon tubing or signs utilizing light-emitting diodes (LED) or liquid crystal display (LCD) technology shall be permitted.

(7)

The outside dimensions of all structural frames or supports for a freestanding sign shall not exceed the sign area height or width by more than two feet.

(8)

No wall sign shall project more than eight inches beyond the building wall to which it is affixed.

(9)

No sign shall be above the top or beyond the ends of the wall surface upon which it is placed.

(10)

Signs, whether portable, permanent or temporary, other than Borough, county, state signs or signs to alert the general public to an emergency situation or pertaining to work in progress within or proximate to the travelled way shall not be erected within the right-of-way of any street or approved sight easement, nor shall any sign be located so as to constitute a traffic hazard nor in a manner to cause any pedestrian or vehicular traffic obstruction.

(11)

Directional signs having a sign area of less than four square feet are exempt from sign allowance, area and location regulations, provided that they do not constitute a hazard to the public. Directional signs are to be included in the signing plan for those developments requiring site plan approval.

(12)

All signs shall be kept in good repair. Structural elements, casings, faces, lettering and lighting shall be maintained.

(13)

Whenever a sign shall become structurally unsafe or endanger the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the owner of the building or premises on which such unsafe sign is affixed or erected. Where the Construction Code Official determines that an unsafe sign presents an immediate danger to the public, he shall have the authority to dispense with the order to repair or remove and proceed to have the sign removed with the cost for such removal to be attached as a lien against the property.

(14)

The owner of any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days following notification by the Borough to remove any remaining or derelict on-premises signs at the expense of the owner of such property. Where due written notification has been given by the Borough and compliance has not been made within the required ninety-day period, the Borough may cause removal of such sign, with the cost for such removal to be attached as a lien against the property.

(15)

Nothing in this section is intended to supersede any county, state or federal regulation except that, to the extent permissible under general law, any provision of this section which is more restrictive than county, state or federal regulations shall prevail.

(16)

Signs shall not be affixed to any telephone or utility company pole, stanchion or appurtenance within Mendham Borough.

(17)

Signs, including placards, flyers, ribbons, balloons and like medium, shall not be affixed to any tree situate within the public right-of-way within Mendham Borough without the express written consent of the Borough Council.

(18)

All freestanding permanent signs, window signs and wall signs erected, altered or reconstructed within the Main Street Corridor or the Historic District Overlay Zone, excluding signs classified as a "window sign, temporary, noncommercial" as defined in § 215-8B and signs exempt from a sign permit requirement as set forth in Subsection E(2) of this section, shall be subject to review by the MSC Design Review Committee or the Historic Preservation Review Commission in accordance with the guidelines established in Article XIA of Chapter 195 or Article XV of Chapter 215 of the Borough Code, as applicable.

(19)

Off-premises open house signs will be permitted on private residential property, subject to the property owner's consent, on the day of the event. No more than one such sign shall be permitted on a lot. The signs will be restricted to weekends and must be removed by 6:00 p.m. on the day of the event. Placement of said sign within the public right-of-way, including public sidewalks, is prohibited. No permit or fee shall be required, however, any person wishing to place an off-premises open house sign shall provide the Borough Administrator's office with the name of the realtor, the property owner and location for the proposed sign. The size of any such sign shall not exceed six square feet and the placement of said sign shall be ground-mounted only and shall not exceed a height of four feet from grade.

(20)

Banners may be permitted in accordance with Borough policy.

Nonconforming signs. No nonconforming sign shall be altered or replaced except in such a manner as to comply with the requirements of this chapter, except that worn, fading, or accidentally damaged signs may be restored to their original condition or replaced with identical signage.

Prohibited signs. The following signs are prohibited in all zone districts within Mendham Borough:

(1)

Billboards.

(2)

Neon lighting.

(3)

Electronic message boards.

(4)

LED and LCD signs.

(5)

Roof signs.

§ 215-9 Design of buildings.

No building or structure shall hereafter be erected constructed, placed, altered or enlarged in any residence zone which shall be like or substantially like any neighboring buildings, as hereinafter defined, then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than three of the following six respects:

(1)

Height of the main roof ridge or, in the case of a building or structure with a flat roof, the highest point of the roof beams above the elevation of the first floor.

(2)

The height of the main roof from the set of the rafters to the ridge. All flat roofs shall be deemed identical in this dimension.

(3)

Length of the main roof ridge or, in the case of a building or structure with a flat roof, length of the main roof.

(4)

Width between outside walls at the ends of the building or structure, measured under the main roof ridge at right angles to the length of main roof thereof.

(5)

Location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.

(6)

In the front elevation, both locations with respect to each other of garage, if attached; porch, if any; and the remainder of the building or structure; the height of any portion of the main building or structure located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge or, in the case of a flat roof, the highest point of the roof beams; and the width of said portion of the building or structure if it has a gable in the front elevation; otherwise, the length of said roof ridge or said flat roof in the front elevation.

Buildings or structures, or any part thereof, shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet.

Buildings or structures, or any part thereof, between which the only difference in location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in location of such elements.

In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:

(1)

Any lot on the street upon which the building or structure to be located on said premises would front which is the first or the second lot next along said street in either direction from said premises, without regard to intervening street lines.

(2)

Any lot any part of the street line frontage of which is across the street from said premises or from a lot referred to in Subsection D(1) of this section.

(3)

Any lot any part of the street line frontage of which faces the end of and is within the width of said street, if there are less than two lots between said premises and the end of said street.

(4)

Any lot on another street which adjoins said premises.

(5)

Any lot any part of the street line frontage of which is across such other street from said premises or from a lot referred to in Subsection D(4) of this section.

Incongruous appearance. In order to promote the general welfare and with a view of conserving the value of property and of encouraging the most appropriate use of land throughout the Borough of Mendham, no permit shall be issued for the construction or alteration of a building, structure or addition thereto, other than a single- or two-family residence, when such construction is so discordant or incongruous with or dissimilar to existing buildings or structures in the vicinity or with the character of the neighborhood as will adversely affect the use and enjoyment of adjacent or nearby property or the health and welfare of residents or will lower or destroy the property values in the Borough.

In order to maintain and enhance the character of the Borough of Mendham as a 19th Century New Jersey village depicted in the Mendham Historic District designation on the National Register of Historic Places, no permit shall be issued for the construction of a building in the Historic Business Zone when such construction is discordant or incongruous with or dissimilar to existing buildings and the 19th Century village character of the community.

[Added 5-16-1988 by Ord. No. 6-88]

§ 215-10 Private garages in residence zones.

A garage or a group of garages is permitted in any zone or any lot or an area large enough to accommodate these accessory buildings in accordance with other provisions of this chapter, but no public garage or filling station is permitted within any residence zone.

Garage or off-street parking facilities shall be provided and maintained on each lot for at least a number of vehicles equal to the number of family dwelling units on the lot, but in no case shall more than eight garage spaces be permitted per family.

Within any residence zone not more than one car space or garage space provided on any lot shall be used for housing of commercial motor vehicles, except that garage space for all farm equipment and machinery shall be exempt.

Only one vehicle not in use shall be kept on any lot unless within a garage.

§ 215-11 Public garages and filling stations.

[Amended 5-16-1988 by Ord. No. 6-88]

Public garages and filling stations may be erected only in the East Business Zone and only in accordance with the following regulations:

No gasoline, oil pump or offing or greasing mechanism or other service appliance installed in connection with any filling station or public garage shall be within 20 feet of any street line or boundary line of a residence zone.

No part of any entrance to or exit from a filling station or public garage accommodating more than five motor vehicles shall be connected with a public street at a point within 200 feet of the main entrance or entrances of any building located on the same side of the same street and within the same block upon which said public garage or filling station is located which is used as a theater, auditorium or other place of public assembly seating over 100 persons or used as a church, hospital, college, school, nursing or convalescent home or institution for children.

No part of any building used as a public garage for the accommodation of more than five motor vehicles or as a filling station and no filling pump or other service appliance used in conjunction with such use shall be erected within 50 feet of a boundary line of any residence zone.

§ 215-12 Keeping of dogs in residence zones.

The maximum number of dogs which may be kept in any residence zone in the Borough shall be limited in accordance with the actual size of the residence lot according to the schedule set forth below:

	Size of Lot (acres)	Maximum Number of Dogs
	1/2 or less	2
	More than 1/2 but less than 3	3
	3 or more but less than 5	4
	5 or more	5

Notwithstanding the foregoing, a puppy or puppies born to a dog lawfully present upon a residence lot in accordance with the foregoing schedule may be kept on the lot for a period not to exceed seven months after the date of birth.

To the extent permitted by general law, it is the intent of this section not to recognize a valid nonconforming use with respect to any dogs in excess of those permitted in the foregoing schedule which may be being kept upon a residence lot on the date this section becomes effective. As such excess dogs are sold, moved off the lot, die or are otherwise disposed of, they shall not be replaced.

§ 215-12.1 Agricultural uses.

[Added 2-22-2000 by Ord. No. 2-00]

Purpose. The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied and are consistent with relevant federal and state law and nonthreatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it ensures numerous social, environmental and economic benefits, including the preservation of open space, atmospheric habitat, the preservation of land as a nonreplenishable resource and as a source for agricultural products for this and future generations and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.

Definitions. For the purposes of this § 215-12.1 only, the following terms shall be defined as follows:

ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES

The agricultural management practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a conservation plan.

AGRICULTURE

The production, principally for the sale to others, of plants, animals or their products worth $2,500 or more annually, including, but not limited to, forage and sod crops; grain and feed crops; dairy animals and dairy products; livestock, including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or extensive animal feedlot operations.

CONSERVATION PLAN

A set of decisions regarding the use of soil and water resources. The plan is developed by the Natural Resources Conservation Service and approved by the Morris County Soil Conservation District.

FARM

An area of land made up of a single or multiple joining or nonjoining parcels which is organized as a management unit actively devoted to the production of agricultural or horticultural products worth $2,500 or more annually in accordance with N.J.S.A. 4:1C-1 et seq., including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and other farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of the lesser of five acres or five times the minimum lot size of the zone in which the property is located, exclusive of the land upon which the farmhouse is located, and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

NUISANCE

Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.

The right to engage in agriculture, as defined herein, shall be permitted in any residential zone, and it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.

All uses and structures customarily incidental to agriculture shall be permitted accessory uses in the zones set forth hereinabove, including, but not limited to:

(1)

The storage, processing and sale of farm products where produced.

(2)

The use of irrigation pumps and equipment.

(3)

The application of manure, chemical fertilizers, insecticides, pesticides and herbicides.

(4)

On-site disposal of organic agricultural waste.

(5)

Installation of soil and water conservation practices in accordance with a conservation plan approved by the Morris County Soil Conservation District.

(6)

Transportation of slow-moving equipment over roads within the municipality.

(7)

Utilization of tractors and other necessary equipment.

(8)

The employment of farm laborers.

(9)

The creation of noise, dust, odors and fumes inherently associated with such uses.

(10)

The conducting of farm practices at any and all times when necessary.

(11)

Provisions for the wholesale and retail marketing of the agricultural output of the farm, which include the building of temporary and permanent structures and parking areas for said purpose which all must conform with municipal land development standards.

(12)

The raising and keeping of livestock, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and joining properties are established, subject to the following:

[Amended 4-18-2005 by Ord. No. 5-05]

(a)

This provision shall apply only to the 5-, 3-, 1- and 1/2-Acre Residence Zones; and

(b)

A minimum lot area of three acres (130,680 square feet) is required for the maintenance of any livestock; and

(c)

A minimum of one acre (43,560 square feet) of lot area (excluding the homestead) is required for each animal unit to be maintained on the property.

§ 215-12.2 Lot grading plans.

[Added 3-18-2002 by Ord. No. 02-02; amended 6-14-2023 by Ord. No. 09-2023; 6-12-2024 by Ord. No. 08-2024]

Activities requiring a lot grading plan. Prior to the issuance of any construction permit, zoning permit or driveway permit involving 1,000 square feet or more of lot coverage or 2,500 square feet or more of soil disturbance and any land disturbance involving 1,000 square feet or more of lot coverage or 2,500 square feet or more of soil disturbance where a construction permit, zoning permit or driveway permit is not required, except for normal agricultural operations in connection with a farming operation, an application for a lot grading permit shall be submitted to the Borough Engineer.

Submission of lot grading permit application. Each application for a lot grading permit shall be by written application on a form available from the Borough submitted to the Construction Official and shall be accompanied by a plan which complies with the following requirements:

(1)

A plan delineating the property's boundaries, as well as the specific areas of the site on which the work is to be performed and describing existing and proposed features of the property and the area surrounding the site of the work, including topographic features, existing vegetation, wooded areas and individual trees in excess of 12 inches in diameter, soil types, watercourses, natural and man-made features, the affected watersheds and other natural features.

(2)

The plan of the site shall be at a suitable scale of not less than one inch equals 50 feet and existing and proposed contour intervals of no more than two feet prepared by a registered professional.

(3)

A soil erosion and sediment control plan consistent with Chapter 179 of the Code of the Borough of Mendham.

(4)

A time schedule indicating the anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each protective measure provided for in the soil erosion and sediment control plan and the stormwater management plan and the time of exposure of each area prior to completion of such measures.

(5)

A zoning schedule showing zone standards and proposed conditions.

The following criteria shall be applicable to the review of an application for a lot grading plan:

(1)

No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this chapter.

(2)

Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be provided to protect downstream properties.

(3)

Provision shall be made for any structure or protective measures that proposed slopes may require for the protection of the public safety, including, but not limited to, retaining walls, guide rails, headwalls and fences.

(4)

Any proposed building, structure, grading or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in runoff rates and velocities will be allowed due to construction.

(5)

Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

(6)

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer.

(7)

There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.

(8)

Changes in grade shall not exceed a slope of 2 to 1 unless supported by retaining walls or maintenance-free vegetation as may be appropriate.

Fees. A fee as set forth in Chapter 102, Fees, shall be imposed for each permit. This fee shall cover the cost of a preliminary site visit, review of initial submission and one revision, two site inspections and submission of one inspection report to the Construction Official. If more than two inspections of a property are required for any reason, the applicant shall pay a fee for each additional inspection, which fee shall be based on the Borough Engineer's regular hourly rate. All fees for any additional inspections shall be paid prior to the issuance of a certificate of occupancy or the release of any performance guarantees that may have been posted with respect to the property.

The requirement for a lot grading plan may be waived by the Borough Engineer if, in his opinion, the proposed construction or land disturbance will not present any risks or problems of soil erosion, drainage or other environmental damage.

Certification. Prior to the issuance of any certificate of occupancy for any building, a New Jersey licensed professional engineer must certify that the final as-built grading of the lot is in compliance with the approved grading plan.

§ 215-12.3 Outdoor display of merchandise in business zones.

[Added 9-15-2003 by Ord. No. 19-03]

Purpose. It is the intention of this section to regulate the outdoor display of certain types of goods and merchandise that will add color and interest to the streetscape in order to attract customers to businesses in designated business areas in the Borough.

Outdoor display of merchandise. In the East Business Zone, the Historic Business Zone and the Limited Business Zone, the outdoor display of merchandise, including samples or examples of merchandise for sale, shall be prohibited except as permitted in this section:

(1)

Outdoor displays of merchandise shall be permitted directly in front of a retail establishment on covered porch areas whenever the retail establishment is open for business. For purposes of this section, a "covered porch" shall be defined as a roofed open area, which may be screened, attached to or part of a building and which provides direct access to and from said building.

(2)

Outdoor displays of merchandise shall be permitted during the third full week in April and the third full week in September, commencing on a Saturday, in the following areas:

(a)

On areas directly in front of a retail establishment and located not more than 2 1/2 feet perpendicularly from the foundation of the building or from the foundation plantings.

(b)

In a planned neighborhood shopping center, on the sidewalk area directly in front of the retail establishment which owns the display, provided that the display is located against the building wall and does not extend more than 2 1/2 feet from the building line into the sidewalk.

(3)

Except as otherwise provided in this section, nothing herein shall permit the display or storage of merchandise on any stairways or sidewalks, whether public or private, or in the area between any sidewalk and public roadway or in any area that would impede or encumber normal pedestrian or vehicular traffic.

(4)

Outdoor displays of the following merchandise shall be permitted at all times and, except as provided in Subsection B(3) above, shall not be subject to this section:

(a)

Vehicles at automobile dealerships that have received site plan approval.

(b)

Lumber and building materials displayed or stored at a lumber yard which has received site plan approval.

(c)

Nursery stock or garden materials displayed or stored at a garden center establishment that has received site plan approval.

(5)

Nothing in this section shall prevent the outdoor display of merchandise during sidewalk sales, as and when authorized by resolution of the Borough Council, and which comply with the following conditions and any additional conditions of any such resolution as to hours and permitted days:

(a)

Sidewalk sales are limited to sidewalks directly adjacent to the retail establishment; and/or

(b)

Display areas may not extend more than 2 1/2 feet perpendicularly from the foundation plantings, or foundation, if there are no plantings, into the sidewalk, and shall leave at least a three-foot wide continuous unobstructed sidewalk area for normal pedestrian traffic.

(6)

Outdoor displays of merchandise, when permitted, shall conform to the following requirements:

(a)

Be designed to add color and interest to the streetscape and be maintained in a clean, litter-free and orderly condition at all times;

(b)

Be merchandise for sale by the retail establishment operated in the store or building but not be an extension of a merchant's sales area, and no business may be conducted in the outdoor display area;

(c)

Be displayed only during regular business hours of the business;

(d)

Be removed at the close of the business day; and

(e)

Except with respect to displays on front porches, be limited to not more than five individual items at any one time.

(7)

No signs of any kind are permitted with the outdoor display of goods and merchandise.

Enforcement. The terms of this section shall be enforced by the Police Department and the Zoning Officer of the Borough of Mendham.

Penalty. Violators of this section shall be subject to the penalties set forth in § 215-46.

§ 215-12.4 Steep slope regulations.

[Added 12-6-2004 by Ord. No. 22-04]

Applicability. All development projects, regardless of whether any site plan, subdivision, soil erosion and sediment control plan, lot grading plan, or other development application, permit, or approval is required, proposing a site disturbance greater than 2,500 square feet shall be required to prepare a steep slope map and comply with the restrictions outlined below.

Map requirements. A steep slope map shall be prepared at a scale no smaller than one inch equals 50 feet. The map shall show the existing topography with a two-foot contour interval. The topography is to be determined from a field survey prepared by a licensed surveyor, existing Borough topographic maps or other source acceptable to the Borough Engineer. The steep slope map is to be prepared by an appropriately licensed professional. The map shall graphically represent, in a clear manner, the areas of slope less than 15%, from 15% to 24.99%, from 25% to 29.99%, and those areas at 30% or greater slope. Only areas with an elevation change of 10 feet or more shall be subject to these regulations. The area in square feet of each slope category shall be tabulated on the map. The requirement for the preparation of a steep slope map may be waived on a case-by-case basis by the Borough Engineer if a review of the Borough topography clearly indicates there will be no steep slope disturbance.

Disturbance standards. The maximum slope disturbance of each slope category shall be as follows:

	Slope Category	Maximum Permitted Disturbance (square feet)
	0 to 14.99%	Unlimited
	15% to 24.99%	1,250 or 20%, whichever is greater
	25% to 29.99%	750
	30% and greater	500

Variances from the slope disturbance standards may be granted by the Planning Board or Board of Adjustment in accordance with its jurisdiction. Any variance application shall include a detailed soil erosion and sediment control plan which shall indicate the special protections required to ensure that the slope disturbance does not create significant adverse impacts.

§ 215-12.5 Stormwater control.

[Added 11-21-2005 by Ord. No. 34-05; amended 2-22-2021 by Ord. No. 01-2021; 3-25-2024 by Ord. No. 04-2024]

Scope and purpose.

(1)

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

(2)

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

(3)

Applicability.

(a)

This section shall be applicable to all projects that meet the definition of "minor development" or "major development" as defined below.

(b)

This section shall be applicable to the following major developments:

[1]

Non-residential major developments and redevelopment projects; and

[2]

Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.

(c)

This section shall also be applicable to all major developments undertaken by Borough of Mendham.

(d)

Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference and minor developments as defined herein.

(4)

Compatibility with other permit and ordinance requirements.

(a)

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(b)

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference. The following additional terms are defined for this chapter only.

EXEMPT DEVELOPMENT

Shall mean any development that creates less than 1,000 square feet of new impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."

MAJOR DEVELOPMENT

(Repeated from N.J.A.C. 7:8)

(1)

Shall mean an individual development, as well as multiple developments that individually or collectively result in:

(a)

The disturbance of one or more acres of land since February 2, 2004;

(b)

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

(c)

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or

(d)

A combination of Subsection B(1)(a) and (b) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

(2)

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection B(1)(a), (b), (c), or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MINOR DEVELOPMENT

Shall mean any development that results in the creation of 1,000 square feet or more of new impervious area or one that disturbs more than 2,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.

Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for minor and major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies.

(1)

Exempt developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.

(2)

Minor developments. Minor developments shall be designed to include the following stormwater management measures:

(a)

Water quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

(b)

Rate/volume control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be 2 1/2 inches clean stone and design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.

(3)

Major developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

Waivers and exceptions.

(1)

Standards for relief (minor development). Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.

(2)

Standards for relief (major development). Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.

(3)

Reviewing agency. All applications subject to the review of the Land Use Board shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Borough Engineer.

(4)

Appeals. The appeal of the determination of the Borough Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.

Solids and floatable materials control standards (major development).

(1)

Site design features identified under Subsection C above, or alternative designs in accordance with Subsection C above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection E(2) below.

(a)

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1]

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2]

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle-safe grates.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3]

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

(b)

The standard in Subsection E(1) above does not apply:

[1]

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

[2]

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

[3]

Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a]

A rectangular space 4 5/8 (4.625) inches long and 1 1/2 (1.5) inches wide (this option does not apply for outfall netting facilities); or

[b]

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

[4]

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

[5]

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

(1)

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

(2)

Safety ledge illustration.

Elevation View —Basin Safety Ledge Configuration

Requirements for a site development stormwater plan (major development).

(1)

Submission of site development stormwater plan.

(a)

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection G(3) below as part of the submission of the application for approval.

(b)

The applicant shall demonstrate that the project meets the standards set forth in this section.

(c)

The applicant shall submit six copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection G(3) of this section.

(2)

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3)

Submission of site development stormwater plan. The following information shall be required:

(a)

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b)

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c)

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d)

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(e)

Stormwater management facilities map. The following information illustrated on a map of a scale of one inch equals 50 feet or larger shall be included:

[1]

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

[2]

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(f)

Calculations.

[1]

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection C of this section.

[2]

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

(g)

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection I.

(h)

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection G(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

(i)

Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Borough Engineer shall be accompanied by an initial review escrow deposit of $1,000 for major developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Borough Engineer.

Requirements for a site development stormwater plan (minor development).

(1)

The following information shall be required:

(a)

Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 50 feet beyond the limits of the proposed development, at a scale of one inch equals 30 feet or larger, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b)

(c)

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

[1]

[2]

Details of all stormwater management facility designs.

(d)

Calculations demonstrating compliance with the minor development standards of Subsection C must be submitted.

(e)

Waiver from submission requirements. The Borough Engineer may waive submission of any of the requirements in Subsection H(1)(a) through (d) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

(f)

Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Borough Engineer shall be accompanied by a review fee in the amount of $250 for minor developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Borough Engineer.

Maintenance and repair.

(1)

Applicability. Projects subject to review as in Subsection C of this section shall comply with the requirements of Subsection C(2) and (3).

(2)

General maintenance.

(a)

Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

(b)

The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

[1]

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and

[2]

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(c)

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(3)

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Penalties. For each violation of the provisions of this chapter or of any order issued under its authority, the owner, contractor or other person interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, at the discretion of the Judge imposing the same. Each day that such violation continues shall be considered a separate violation of this chapter.

Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

§ 215-12.6 Wireless telecommunications technology.

[Added 5-5-2008 by Ord. No. 4-08]

Purposes. The purposes of this section are to:

(1)

Regulate, as a conditional use, the location, placement, use and modification of wireless telecommunications facilities as permitted and subject to the limitations of Section 704 of the Telecommunications Act of 1996.

(2)

Advance the goals and objectives of the Borough Master Plan.

(3)

Preserve and protect the general visual, historic and natural environment within the Borough of Mendham and prevent adverse visual impacts from wireless communications towers, antennas and other facilities within areas zoned or used for residential purposes along public streets, within historic sites and districts, within public parks and along ridgelines, skylines, natural open spaces and other ecological and natural features of the Borough.

(4)

Preserve and protect property values.

(5)

Minimize the total number and height of wireless telecommunications towers within the Borough of Mendham.

(6)

Mitigate, to the greatest extent practicable, by siting, screening and landscaping, the adverse visual impacts from WT towers, antennas and other facilities.

(7)

Eliminate safety hazards associated with wireless telecommunications towers and other facilities, including, but not limited to, attractive nuisances and risks of falling ice and other objects.

(8)

Require the removal of wireless telecommunications service facilities when no longer in use.

General conditional use requirements.

(1)

Locations where conditionally permitted. All WT facilities shall be conditional uses to be located in the following orders of priority and in these locations only:

(a)

Location of antennas and equipment on existing buildings or structures in or on:

[1]

Existing WT facility sites and power transmission towers in surrounding areas capable of providing WT coverage in the Borough and existing WT facility sites within the Borough: first priority.

[2]

Municipally-owned properties and facilities not reserved or dedicated for open space or public recreational purposes: second priority.

[3]

East Business District: third priority.

[4]

West Morris Regional High School property and other public and private educational institutional sites in the 3-Acre and 5-Acre Residence Zones: fourth priority.

(b)

Location of new WT towers in the following places:

[1]

Municipally-owned properties and facilities not reserved or dedicated for open space or public recreational purposes: first priority.

[2]

East Business District: second priority.

[3]

West Morris Regional High School property and other public and private educational institutional sites in the 3-Acre and 5-Acre Residence Zones: third priority.

(2)

WT facilities permitted on lots with other principal uses. WT facilities may be located either on lots containing no other principal use or on lots that contain one or more separate principal uses.

(3)

WT facilities are prohibited in all zones and locations other than those specified in § 215-12.6B(1) above and are specifically prohibited in the Historic Business and Historic Overlay Zones and in any residential zone or property other than as conditionally permitted above.

(4)

WT facilities expressly prohibited within residential zones and other related properties. WT facilities are expressly prohibited upon or within any lot used or zoned for residential purposes other than as permitted by § 215-12.6B(1) above. Residential zones shall include zones permitting single-family, two-family, or multifamily residences, assisted living residences, nursing homes and/or residential health care facilities. Nothing in this subsection shall be interpreted to imply permission to locate WT facilities in any other location not expressly permitted by § 215-12.6B(1) above.

(5)

Proof of necessity for WT facilities required. No WT facilities shall be erected, installed, constructed, moved, reconstructed or modified within the Borough of Mendham unless the applicant proves that such facility or activity is necessary to avoid prohibiting or having the effect of prohibiting the provision of WT services.

(6)

Siting priorities for WT antennas. No WT antenna shall be erected, installed, constructed, moved, reconstructed or modified within the Borough of Mendham unless it complies with the siting priorities of this subsection. Before proposing a site within the Borough of Mendham for WT facilities, it shall be demonstrated to the approving authority that the general conditional use requirement of § 215-12.6B(1)(a) has been satisfied. Compliance with these site priorities shall not relieve the applicant from its obligation to comply with all other applicable ordinance requirements.

(a)

WT antennas shall be located upon an existing WT facility building or structure unless the applicant demonstrates that compliance with this site requirement would result in prohibiting or having the effect of prohibiting the provisions of WT services.

(b)

If a WT antenna cannot be located in conformance with Subsection B(6)(a) above, the antenna shall be located only upon municipally owned facilities not reserved or dedicated for open space or public recreational purposes unless the applicant demonstrates that compliance with this site requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.

(c)

If a WT antenna cannot be located in conformance with Subsections B(6)(a) or (b) above, the antenna shall be located only upon an existing building or structure in the East Business District unless the applicant demonstrates that compliance with this site requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.

(d)

If a WT antenna cannot be located in conformance with Subsections B(6)(a), (b) or (c) above, then the antenna shall be located only upon an existing public or private educational institutional building or structure not containing a WT antenna unless the applicant demonstrates that compliance with this siting requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.

(e)

If a WT antenna cannot be located on an existing building or structure in conformance with any preceding site priority above, only then shall the antenna be located upon a new tower as conditionally permitted herein.

(7)

Minimum lot area. No WT building or structure shall be installed or erected upon any lot having less than the minimum required lot area for the zone in which the lot is located. In no event shall WT facilities be set back less than 150 feet from the street right-of-way line and not less than 250 feet from any residential dwelling in any direction.

(8)

Setback requirements for WT facilities. In any zone where conditionally permitted, WT facilities shall be located in compliance with the applicable minimum setback requirements plus one foot of additional setback for each foot of tower height. In no event shall WT facilities be set back less than 150 feet from the street right-of-way line and not less than 250 feet from any residential dwelling in any direction.

(9)

Additional setback and location requirements for WT towers. WT towers shall only be located within the rear yard of developed lots or within the rear half of the building envelope for undeveloped lots.

(10)

Housing of WT equipment. All WT equipment shall be located within an enclosed building, equipment cabinet or other structure as will be approved by the Borough Planning Board or Board of Adjustment, as the case may be.

Additional conditional use requirements for WT towers. WT towers shall meet the following requirements:

(1)

No WT tower shall exceed the maximum permitted height in the zone in which it is located unless the applicant establishes that the additional height requested is necessary to avoid prohibiting or having the effect of prohibiting the provision of WT services.

(2)

No WT tower shall exceed a height of 120 feet.

(3)

Unless technologically infeasible, WT towers shall be designed to permit co-location of WT antennas for not less than three WT service providers. Co-location of public emergency communications services shall also be provided for where necessary.

(4)

No WT tower shall be constructed higher than is necessary for the WT provider to achieve its FCC-mandated coverage and to accommodate up to two additional identified co-locating WT service providers. All such construction shall be accomplished within the maximum height limit of 120 feet of Subsection C(2) above. Where co-locating carriers are not yet identified and where applicants' antennas are not at the overall maximum height of 120 feet, the WT tower shall be designed to permit its construction in phases and to permit the extension of tower height as additional WT service providers obtain approval by the Borough to co-locate on the tower.

(5)

WT towers shall be limited to monopole designs, including flagpoles or designs camouflaged to resemble trees, bell towers or cupolas where visually and architecturally appropriate. Lattice and guyed towers of any kind are expressly prohibited.

(6)

No WT tower shall be lighted except for lights required by regulations of the Federal Aviation Administration (FAA).

(7)

No sign, display or advertisement of any kind shall be mounted, erected or placed on any WT tower unless the applicant demonstrates that such sign display or advertisement is required by law. Any such sign, display or advertisement shall be restricted to the minimum size required by such law.

(8)

WT towers shall be constructed of standard dull-finished galvanized steel unless the reviewing Board determines, in its discretion, that due to certain site circumstances, alternate camouflaged methods will minimize the visual impact of the tower.

WT compounds: height of WT facilities other than antennas and towers. All WT facilities shall be contained within a WT compound meeting the following requirements:

(1)

WT compounds shall be enclosed within a locked security fence at least six feet and not more than eight feet in height. The security fence shall be wood- or vinyl-coated slatted chain link. Razor ribbon and/or barbed wire fences are prohibited. The requirements of this subsection shall not apply where WT facilities are mounted on a building or structure containing a second principal use.

(2)

Landscaping shall be provided along the outside perimeter of all fenced WT compounds to provide, at the time of planting and thereafter, a solid visual barrier between the WT compound and adjoining properties and public rights-of-way. Required front yard setback areas shall also be appropriately landscaped for the same purpose. All WT equipment compounds shall be screened by double-staggered rows of evergreen trees eight feet in height or two feet or more in excess of the height of the security fencing at the time of planting, which shall be arranged to visually screen the compound and its required security fence. Other combinations of screening materials which are acceptable to and approved by the reviewing Board may also be used.

(3)

No WT facilities, except antennas and/or towers, shall exceed 12 feet in height. The height of ground-mounted WT facilities shall be measured from average surrounding grade within five feet of the perimeter of the facility. The height of roof-mounted WT facilities shall be measured from the top of the roof's surface. All roof-mounted WT facilities shall be screened in a manner approved by the reviewing Board.

(4)

No WT compound shall contain any permanent emergency electric generators other than those fired by natural gas or propane. All generator equipment shall comply with current state noise standards. All test runs of the equipment shall occur on weekdays between 9:00 a.m. and 5:00 p.m.

(5)

Only low-wattage, shielded and downward-directed lighting for facility maintenance, as will be approved by the approving authority, shall be permitted within any WT compound.

Screening and landscape. No WT facilities shall be approved unless the applicant demonstrates that all reasonable efforts have been employed to camouflage and minimize the visual impact of the WT facilities in accordance with the following standards.

(1)

WT facilities shall be located and oriented on the site in a manner that creates the least visual impact on residential areas and public rights-of-way located within the area from which the WT facilities may be seen (referred to herein as the "WT facilities viewshed" or simply the "viewshed"). To satisfy this standard, the applicant shall analyze all potential visual impacts within the viewshed. Vegetation, topographic features and/or natural or man-made structures shall be employed to obscure view of the WT facilities from these areas to the maximum extent feasible.

(2)

Historic districts, historic sites, historically significant viewscapes, streetscapes, and/or landscapes (referred to herein collectively as "historic areas") shall be protected from the visual impacts of WT facilities in accordance with the requirements of the National Environmental Policy Act (NEPA). No WT facilities shall be approved unless the applicant demonstrates that such facilities will have no adverse visual impact upon historic areas.

Access and parking requirements.

(1)

All WT facilities shall be served by an on-site access driveway, a turnaround suitable for fire trucks and other emergency vehicles and a parking area to accommodate at least one vehicle. The access driveway, turnaround and parking area shall be paved unless the reviewing Board determines that paving is not necessary to provide adequate emergency and service access to the WT facilities. In meeting the requirements of this subsection, existing driveways, turnaround areas and parking areas shall be used to the maximum extent practicable in order to avoid unnecessary impervious coverage.

(2)

Fire Department access: Fire Department access shall be provided and maintained to all facilities and sites. Fire Department access roadway shall be of an approved surface material capable of providing emergency vehicle access and support at all times and shall be a minimum of 18 feet in unobstructed width. The access roadways shall provide a minimum turning radius capable of accommodating the largest fire apparatus of the jurisdiction and a minimum vertical clearance of 13 1/2 feet.

Application requirements.

(1)

Applications for development of WT facilities shall include all materials required for submission of a complete application for preliminary and final site plan approval and all materials required by the checklist for conditional use approval of wireless communications facilities.[1]

[1]

Editor's Note: The Checklist Application for Wireless Telecommunications Facilities is included at the end of this chapter.

Experts.

(1)

The reviewing Board shall retain a qualified radio frequency engineer to review all application materials and expert testimony submitted or presented by the applicant in connection with each application for development of WT facilities. The costs of such engineer shall be paid by the applicant from its escrow account.

(2)

The applicant shall present expert testimony based upon appropriate studies from a qualified radio frequency engineer demonstrating:

(a)

That the proposed WT facilities are necessary to enable the applicant to provide personal wireless services in conformance with its FCC license and that the site priority requirements of this section have been fully met.

(b)

That all applicable state and federal health and safety requirements are fully met.

Proof of continuing facility operation and compliance with radio frequency emissions limits and proof of continuing need. Every operator of any WT facility within the Borough of Mendham shall operate such facility at all times in compliance with FCC and NJDEP radio frequency exposure limits. Each calendar year, the WT facility owner shall submit to the Borough Engineer competent documentary proof of such continuing operation and compliance with all applicable standards and conditions of approval.

Compliance with Uniform Construction Code. All WT facilities shall be constructed and installed in conformance with all applicable requirements of the New Jersey Uniform Construction Code.[2]

[2]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

Maintenance. All WT facilities sites and structures shall be appropriately maintained in a safe, orderly and neat condition at all times by the WT carriers.

Removal of WT facilities. WT facilities that have not been used for the provision of WT services for a period of six consecutive months shall be removed at the sole cost and expense of the owner of the facilities. Such removal shall include site and/or building restoration to the conditions which existed prior to the installation of WT facilities as determined by the Borough Engineer.

§ 215-12.7 Small wind energy systems.

[Added 11-18-2013 by Ord. No. 11-13]

Purpose. The purpose of this section is to promote the safe, effective and efficient use of small wind energy systems and solar panels to reduce the on-site consumption of utility-supplied electricity in appropriate locations where adequate lot size standards will facilitate reduction of off-site visual and audible impact, subject to standards to ensure appropriate safety and aesthetic concerns.

Applicability. Small wind energy systems shall be a permitted accessory use in the 5-Acre Residence Zone District, and solar panel systems shall be a permitted accessory use in all zone districts within the Borough in accordance with the standards set forth in this section. A commercial farm satisfying the eligibility criteria pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., or farmland preserved pursuant to N.J.S.A. 4:1C-11 et seq., shall be governed by the provisions set forth in N.J.A.C. 2:76-2A.12 for commercial farms and in N.J.A.C. 2:76-24.3 for preserved farms.

Definitions for small wind energy systems. As used in this section, the following terms shall have the meanings indicated:

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this section.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SMALL WIND ENERGY SYSTEM

A wind energy system conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and technical bulletins issued in accordance with the requirements of P.L. 2009, c. 244.[1]

SYSTEM HEIGHT

The height above grade of the tower plus the wind generator.

TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind generator.

VAWT SYSTEMS

The vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.

WIND ENERGY SYSTEM

A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component necessary to fully utilize the wind generator. For the purposes of this section, "wind energy system" refers only to those systems that are outdoors.

WIND GENERATOR

The blades and associated mechanical and electrical conversion components mounted on top of the tower.

[1]

Editor's Note: See N.J.S.A. 40:55D-66.12 et seq.

Permit(s) required. No small wind energy system shall be installed without first having obtained the requisite permits from the Construction Code Official.

Standards. A small wind energy system shall be permitted, subject to the following:

(1)

Small wind energy systems shall be permitted as an accessory use only on a conforming lot and only within the 5-Acre Residence Zone District.

(2)

Small wind energy systems shall not be located within the prescribed front yard setback of the district.

(3)

Towers shall be set back a distance equal to 1 1/2 times the total system height from all property lines, public roads, power lines, and existing and proposed structures. The distance shall be measured from the center of the tower.

(4)

Total system height shall not exceed a total height of 100 feet.

(5)

Small wind energy systems shall be placed in such a manner as to minimize off-site visual impacts.

(6)

Access restrictions shall be designed as follows:

(a)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(b)

The tower shall be designed and installed so as not to provide step bolts, a ladder or other publicly accessible means of climbing the tower for a minimum height of 15 feet above the ground.

(7)

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(8)

A small wind energy system shall remain painted or finished in the color or finish of grey or white that was originally applied by the manufacturer.

(9)

There shall be no signs on a small wind generator system or any associated building except for the manufacturer or installer identification and appropriate warning signs.

(10)

Small wind energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.

(11)

No more than one small wind energy system shall be permitted on a lot.

(12)

Except for limited overages during short term events such as power outages or severe wind storms, the level of noise produced by wind turbine operation shall not exceed 55 decibels (dBa) as measured at the property boundaries of the parcel on which the small wind energy system is located. The applicant shall provide a postconstruction certification on noise levels prepared by a qualified professional.

(13)

No small wind energy system shall be roof-mounted.

(14)

All wind energy systems shall be mounted on a monopole and shall not utilize a truss frame construction or require wired guyed systems.

(15)

All wind energy systems shall provide a manual braking system and an over-speed control to prevent over spin during periods of excessively high winds.

(16)

There shall be a minimum ground clearance of at least 30 feet between the finished grade and bottom of any rotor of a wind energy system mounted on a tower, except a VAWT system may have a vertical panel to ground clearance of 20 or more feet.

(17)

Any batteries used in conjunction with wind energy systems shall be recycled or properly disposed of in accordance with hazardous waste management regulations.

(18)

All power lines from the small wind energy system to on-site interconnection equipment and/or to the user facility shall be located underground and installed by a certified professional and must meet all applicable national, state, and local electrical codes.

Zoning permit requirements for small wind energy systems. An application for a zoning permit for a small wind energy system shall provide the following information on a signed and sealed plot plan or survey:

(1)

Location, dimension and use of all existing structures on site.

(2)

Location and proposed ground elevation of the proposed small energy wind system.

(3)

Location of all aboveground utilities on the proposed parcel.

(4)

Location of all public and private roadways.

(5)

Design data indicating the basis of design, including manufacturer's specifications and operation requirements.

(6)

Verification shall be provided by a design professional that the proposed location on the subject parcel and proposed tower elevation has sufficient wind speeds for operation of the wind energy system. Upon completion, a certification from a New Jersey licensed professional engineer will be required stating that the structure was constructed as per the certified drawings.

(7)

Surrounding land uses adjacent to the parcel.

Abandonment. A small wind energy system that is out-of-service for a continuous twelve-month period shall be deemed abandoned. The Borough Zoning Officer may issue a notice of abandonment to the owner of an abandoned small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Borough Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the Borough Zoning Officer with information satisfactorily demonstrating the small wind energy system has not been abandoned. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator and the tower at the owner's sole expense within three months of receipt of notice of abandonment, or, if contested, within 60 days of the Zoning Officer's determination. If the owner fails to remove the wind generator and the tower, the Borough may pursue a legal action to have the said structures removed at the owner's expense.

Compliance with Building Code. Building permit applications shall be accompanied by standard drawings of structural components of the small wind energy system, including support structures, tower base and footings. Drawings and necessary calculations shall be certified in writing by a licensed professional engineer that the system complies with the Building Code.

§ 215-12.8 Cannabis businesses prohibited.

[Added 5-24-2021 by Ord. No. 10-2021]

Definitions. For the purposes of this section, the following definitions shall apply:

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16,[1] for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Cannabis marketplace regulations - prohibited use.

(1)

Purpose. The purpose of this section is to prohibit the operation of all cannabis establishments, cannabis distributors or cannabis delivery services within the Borough of Mendham.

(2)

Applicability. All cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in Mendham Borough, except for the delivery of cannabis items and related supplies directly to a consumer for personal use by a New Jersey licensed cannabis delivery service having its license premises based at a location outside the geographic boundaries of the Borough, and which the delivery of such cannabis items and related supplies is initiated from such licensed location.

Mendham City Zoning Code

ARTICLE III

§ 215-4 Future uses, construction and changes.

§ 215-5 Nonconforming uses, structures or lots.

§ 215-6 Restoration of unsafe buildings or structures.

§ 215-7 Outdoor storage and parking.

§ 215-8 Sign regulations.

§ 215-9 Design of buildings.

§ 215-10 Private garages in residence zones.

§ 215-11 Public garages and filling stations.

§ 215-12 Keeping of dogs in residence zones.

§ 215-12.1 Agricultural uses.

§ 215-12.2 Lot grading plans.

§ 215-12.3 Outdoor display of merchandise in business zones.

§ 215-12.4 Steep slope regulations.

§ 215-12.5 Stormwater control.

§ 215-12.6 Wireless telecommunications technology.

§ 215-12.7 Small wind energy systems.

§ 215-12.8 Cannabis businesses prohibited.