Mendham Township, NJ Zoning Ordinance

Mendham Township City Zoning Code

§ 500-4

Residence districts.

[Amended 9-25-2007 by Ord. No. 12-2007; 5-26-2009 by Ord. No. 12-2009; 12-23-2013 by Ord. No. 12-2013; 5-27-2014 by Ord. No. 7-2014; 12-23-2014 by Ord. No. 12-2014; 3-22-2016 by Ord. No. 5-2016; 2-27-2018 by Ord. No. 3-2018]

Uses. In the residence districts R, R-1, R-2, R-3, R-5, and R-10, the following uses are permitted:

(1)

Single detached house used as a residence by not more than one family with a minimum floor area of not less than 800 square feet.

(2)

Horticulture or agriculture as a livelihood, subject to § 500-4E and provided that commodities offered for sale upon the premises are grown on the premises.

(3)

Parks and playgrounds not associated with any building.

(4)

Accessory uses and buildings as regulated by § 500-4D, Accessory uses, and § 500-4E, Supplementary regulations, of this chapter provided that no accessory building shall exceed 2,000 square feet of footprint by itself or when the footprints of all accessory buildings aggregated together exceed 2,000 square feet unless approved in accordance with § 500-4F(2)(g) (conditional uses).

(5)

Conditional uses as regulated by § 500-4F of this chapter.

(6)

Agricultural uses, meaning the right to engage in agriculture as defined herein, shall be permitted in every 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 acceptable agricultural management practices as defined herein.

(a)

All uses and structures customarily incidental to agricultural shall be permitted accessory uses in all residential zones, 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 conduction of farm practices at any and all times when necessary;

[11]

Recreational use (snowmobiling, off-highway vehicle use, hunting, etc.) as permitted by the farm owner, with the provision that any recreational use of farm land that changes the underlying agricultural nature of the land shall be subject to the usual site plan review, variance application and all permits where otherwise required.

[12]

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; and

[13]

The raising and keeping of farm animals including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and mules, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and joining properties are established.

CR-1 Combination Residential District.

(1)

Permitted uses.

(a)

The CR-1 Zone is designed for and permits conventional detached single dwelling unit residential development, in combination with limited-income housing (LIH), as well as conditional uses as regulated by § 500-4F of this chapter, and accessory uses as regulated by § 500-4D of this chapter.

(b)

Additional accessory uses.

[1]

Housing facilities, as an accessory use to dedicated common open space as required in the CR-1 Zone, shall be permitted in accordance with the following limitations and regulations:

[2]

One single-family detached dwelling shall be permitted for each 250 acres of dedicated common open space, or part thereof, to be situated within the common open space at locations to be approved by the Planning Board. Such housing facilities shall be for the use and occupancy of caretakers (and their families) employed for the purpose of providing security and maintenance for the said common open space area.

(2)

Intensity of development. The maximum gross density of any tract inclusive of conventional housing development and LIH shall not exceed 0.214 dwelling units per acre, provided, however, that any development in the CR-1 Zone shall provide for LIH at the rate of 0.026 dwelling units per acre.

(3)

Conventional detached single dwelling unit residential development shall meet the following requirements:

(a)

Minimum lot area. No lot shall contain less than 35,000 square feet, provided that the average lot area (exclusive of any open space parcel) in any development shall not be less than 40,000 square feet.

(b)

Lot frontage and depth. The dimensions and geometry of each lot shall be as approved by the Planning Board.

(c)

All other bulk requirements shall be as established for the CR-1 Zone as set forth in the Schedule of Requirements on the Zoning Map which is incorporated in this chapter,[1] provided, however, that the required front yard setback of 35 feet set forth in said schedule may be reduced in instances and locations where the presence of severe physical constraints on the lot are verified by the Township Engineer. In no event, however, shall such reduction result in a front yard setback of less than 25 feet.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

(d)

The aggregate area of all impervious surfaces shall not exceed 20% of the lot area.

(e)

Applications for preliminary subdivision and preliminary site plan approval shall address the entire development area inclusive of conventional residential, LIH and common open space.

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

Building size. No new LIH structure shall contain more than eight nor less than four dwelling units. No LIH structure resulting from the alteration of an existing building shall contain more than nine dwelling units.

(b)

Setbacks. No new LIH building or structure shall be erected to be within 100 feet from any property line. No existing building or structure altered for use as LIH shall be within 50 feet from any property line unless the location thereof is found by the Planning Board to be reasonably necessary to the overall plan of development, in which case the setback limitation shall not apply. Structures necessary in connection with vehicular access to the interior of the site and directional signs shall be located as approved by the Planning Board.

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection B(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

Rooms and minimum floor areas. Any room other than living room, dining room, kitchen, bathroom, laundry room, utility room, foyer or hallway shall be construed as a bedroom, and every unit shall have at least one bedroom. At least 50% of the residential units shall have more than one bedroom, provided, however, that at least 10% of the residential units shall have more than two bedrooms. Minimum floor areas shall be as follows: one-bedroom unit, 540 square feet; two-bedroom unit, 750 square feet; three-bedroom unit, 900 square feet. The bedroom mix for the low-income and the moderate-income household units shall be substantially similar.

(f)

Facilities. Each residential unit shall contain, as a minimum, a separate living room, a separate bedroom, a separate bath, storage area, utilities, a separate kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

(g)

Distance between buildings. There shall be a minimum distance between residential structures of 60 feet, except that where an exterior side wall of one dwelling structure faces an exterior side wall of another dwelling structure there shall be a minimum distance of 40 feet.

(h)

Architecture and construction. The architecture employed shall be aesthetically congruous with the surrounding area as approved by the Planning Board. All buildings shall be constructed in accordance with the State Uniform Construction Code and shall comply with all other applicable municipal or state requirements.

[1]

All exteriors of perimeter walls of dwelling structures shall be of wood, brick, stone or other accepted durable material, provided, however, that asbestos shingle or cinder block as an exterior finish is prohibited.

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

Parking. There shall be 1 1/2 off-street parking spaces for each one-bedroom unit, two off-street parking spaces for each two-bedroom unit, and 2 1/2 off-street parking spaces for each three-bedroom unit.

(j)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(k)

Required LIH shall be constructed concurrently and in proportion with the conventional units built. To assure compliance with this requirement, after the issuance of 25% of the conventional housing units certificates of occupancy, the following schedule shall be complied with:

[1]

The applicant may obtain construction permits for up to 37.5% of the total conventional units, provided, however, no certificates of occupancy above the initial 25% shall be issued for any additional conventional units until certificates of occupancy are issued for 50% of the LIH units.

[2]

The applicant shall be entitled to obtain construction permits for 50% of the total conventional dwelling units and may obtain certificates of occupancy for such units without constructing additional LIH units above the 50% referred to in Subsection B(4)(k)[1] above.

[3]

The applicant may obtain construction permits for 62.5% of the total conventional dwelling units, provided, however, no additional certificates of occupancy shall be issued above the 50% of the conventional units referred to in Subsection B(4)(k)[2] above until certificates of occupancy are issued for all of the LIH units.

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(l)

Notwithstanding requirements of this or any other ordinance of the Township of Mendham concerning fees, the Township of Mendham shall waive the following fees otherwise due in connection with LIH portions of a development:

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy; and

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Utilities.

(a)

Every dwelling unit within the development must be connected to a central water supply and sewage disposal systems, as approved by the Township Board of Health or such other governmental agency having jurisdiction thereover.

(b)

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(6)

Access. No access to any residential structure shall be permitted directly from Pleasant Valley Road, Union Schoolhouse Road or Roxiticus Road. Internal access to individual structures and/or residential units shall be provided by way of driveways or streets under private ownership. Private driveways and streets shall be installed in accordance with requirements of site plan approval.

(7)

Common open space.

(a)

No less than 59% of the gross lot area of any development in the CR-1 Zone shall be set aside and remain in common open space and shall meet the following standards:

[1]

No common open space area shall contain less than 50 acres, unless said area is to be annexed to an existing or proposed publicly owned common open space within the Township of Mendham, the aggregate area of which shall not be less than 50 acres, unless a smaller area is shown on the master plan of the Township.

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

Common open space may be used for sub-surface utilities, including but not limited to sewage disposal facilities, provided that the manner of the use will not diminish or interfere with the intended purpose or enjoyment of the open space.

[4]

In calculating the required area for open space, areas adjacent to LIH structures shall be included as open space, provided, however, that the actual building sites, together with all walkways, sidewalks, driveways and parking areas serving the LIH shall not qualify as required open space.

(b)

The common open space required by § 500-4B(7)(a) shall be set aside in perpetuity for land conservation purposes and the use thereof shall be limited to nature and hiking trails. Picnicking and overnight camping shall be permitted pursuant to regulations approved by the Planning Board. All construction, installations, uses and activities inconsistent with the foregoing shall be prohibited.

(c)

The Township of Mendham may, if the Township Committee deems it to be in the public interest, accept the dedication of the common open space area required to be set aside pursuant to § 500-4B(7)(a) for public use and maintenance, and in such case the developer shall convey the title to the lands contained in such common open space area to the Township of Mendham in fee simple absolute by suitable deed of conveyance, provided, however, that the Planning Board shall not require as a condition of approval of any development in the CR-1 Zone that lands set aside for common open space be dedicated or made available to public use.

(d)

If the lands set aside for common open space as required by § 500-4B(7)(a) are not dedicated to the Township of Mendham as provided in § 500-4B(7)(c), the developer shall provide for an organization for the ownership, management and maintenance of the said lands required to be set aside for common open space for the benefit of owners or residents of the development, provided, however, that the developer may permit the limited use of such common open space area by such other persons as the developer may deem appropriate upon such terms and conditions as the developer may reasonably establish. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own, manage and maintain the open space for the uses and purposes set forth in this section, and thereafter such organization shall not be dissolved or dispose of any of its open space without the prior approval of the Township Committee. In the event that such organization shall fail to maintain the open space in a reasonable order and condition, the Planning Board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Planning Board shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Planning Board shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and shall be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected, with interest, by the same officers and in the same manner as other taxes.

(8)

Prior to the approval of any development in the CR-1 Zone, the Planning Board shall have approved development plans verifying compliance with the purposes of this section and all the requirements established in this chapter. The information submitted in this regard shall include but not be limited to:

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

Deed restrictions, covenants or other suitable instruments designed to implement plans and requirements in connection with open space ownership and provisions for the funding of the management and maintenance thereof as well as in connection with eligibility for rental of required LIH to be provided as part of the development.

CR-2 Combination Residential District.

(1)

Permitted uses. The CR-2 Zone is designed for and permits conventional detached single dwelling unit residential development in combination with limited-income housing (LIH), as well as conditional uses as regulated by § 500-4F of this chapter, and accessory uses as regulated by § 500-4D of this chapter.

(2)

Intensity of development. The maximum gross density of any tract inclusive of conventional housing and LIH shall not exceed 1.30 dwelling units per acre, provided, however, that any development in the CR-2 Zone shall provide for LIH at the rate of 0.20 dwelling units per acre.

(3)

Conventional detached single dwelling unit residential development shall meet the bulk requirements applicable in the R Zone, provided, however, that the aggregate area of all impervious surfaces on any lot shall not exceed 30% of the lot area.

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

Building size. No LIH structure shall contain more than eight nor less than four dwelling units.

(b)

Setbacks. No building or structure shall be erected, installed or altered to be within 100 feet from any property line, except for those structures necessary in connection with vehicular access to the interior of the site and directional signs as approved by the Planning Board.

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection C(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

(f)

(g)

(h)

[1]

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

Utilities.

[1]

Every dwelling unit within the development must be connected to a public potable water system as approved by the Township Board of Health.

[2]

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(j)

Access. No access to any residential structure shall be permitted directly from State Highway Route 24, Tempe Wick Road or Cold Hill Road, provided, however, that a common driveway for access to LIH units shall be permitted from Tempe Wick Road or Cold Hill Road. All streets shall be constructed to meet the requirements of Chapter X of the Revised General Ordinances of the Township of Mendham, 1970, as amended and supplemented, and upon compliance with the provisions of Chapter X, Paragraph 10-2.2, shall be accepted by the Township.[2] All driveways and streets shall be installed in accordance with the requirements of site plan approval.

[2]

Editor's Note: Former Ch. X, Streets and Sidewalks, is reserved. See now Ch. 301, Streets, Sidewalks and Driveways.

(k)

(l)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(m)

[1]

[2]

[3]

The applicant may obtain construction permits for 62.5% of the total conventional dwelling units, provided, however, no additional certificates of occupancy shall be issued above the 50% of the conventional units referred to in Subsection C(4)(m)[2] above until certificates of occupancy are issued for all of the LIH units.

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(n)

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy;

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Common open space.

(a)

Not less than 32% of the gross lot area of any development in the CR-2 Zone shall be set aside and remain in common open space. Consistent with good planning practices and where the applicant would suffer practical difficulties and hardship, the Planning Board may permit a reduction in the open space requirement to 25%, provided, however, that this provision shall not be a basis for increasing density. Common open space shall meet the following standards:

[1]

No common open space area shall contain less than 10 acres, unless the area is to be annexed to an existing or proposed publicly owned common open space area, the aggregate area of which shall be not less than 10 acres, or unless a smaller area is shown on the master plan of the Township.

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

[4]

(b)

The common open space required by § 500-4C(5)(a) shall be set aside in perpetuity for land conservation purposes and the use thereof shall be limited to nature and hiking trails and such other recreation facilities as approved by the Planning Board. All construction, installations, uses and activities inconsistent with the foregoing shall be prohibited.

(c)

The Township of Mendham may, if the Township Committee deems it to be in the public interest, accept the dedication of the common open space area required to be set aside pursuant to § 500-4C(5)(a) for public use and maintenance, and in such case, the developer shall convey the title to the lands contained in such common open space area to the Township of Mendham in fee simple absolute by suitable deed of conveyance, provided, however, that the Planning Board shall not require as a condition of approval of any development in the CR-2 Zone that lands set aside for common open space be dedicated or made available to public use.

(d)

If the lands set aside for common open space as required by § 500-4C(5)(a) are not dedicated to the Township of Mendham as provided in § 500-4C(5)(c), the developer shall provide for an organization for the ownership, management and maintenance of the said lands required to be set aside for common open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own, manage and maintain the open space for the uses and purposes set forth in this section, and thereafter such organization shall not be dissolved or dispose of any of its open space without the prior approval of the Township Committee. In the event that such organization shall fail to maintain the open space in a reasonable order and condition, the Planning Board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Planning Board shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Planning Board shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and shall be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected, with interest, by the same officers and in the same manner as other taxes.

(6)

Prior to the approval of any development in the CR-2 Zone, the Planning Board shall have approved development plans verifying compliance with the purposes of this section and all the requirements established in this chapter. The information submitted in this regard shall include but not be limited to:

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling unit residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

Deed restrictions, covenants or other suitable instruments designed to implement plans and requirements in connection with open space ownership and provisions for the funding of the management and maintenance thereof as well as in connection with eligibility for purchase and rental of required LIH to be provided as part of the development.

Accessory uses.

(1)

The following accessory uses shall be permitted:

(a)

Private garage subject to § 500-4E.

(b)

Non-commercial greenhouses.

(c)

Professional practice as defined in Chapter 407, Definitions, Land Use, provided that the practice does not occupy more than 500 square feet of the floor area of the dwelling.

(d)

Home occupation as defined in Chapter 407, Definitions, Land Use, provided that it complies with the following standards:

[1]

The principal use of the premises shall be residential.

[2]

The person engaged in such home occupation shall be a resident on the premises.

[3]

There shall be no nonresident partners, employees or helpers working on the premises.

[4]

The business of the home occupation is carried on wholly within the completely enclosed residence building and does not occupy more than 500 square feet of the floor area of the dwelling.

[5]

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

[6]

No traffic or parking shall be generated by a home occupation in greater volume than would normally be experienced in a residential neighborhood.

[7]

No equipment or process shall be used in a home occupation which creates noise, glare, fumes, odors, electrical interference or other nuisance factors detectable from a neighboring property.

[8]

One commercial vehicle may be parked out-of-doors (as permitted by § 500-4E(4)), provided it is used solely for transportation by a person residing on the premises. Except for that one commercial vehicle, any material, equipment or commercial vehicles which might be used in the home occupation shall be presumed to be related to the home occupation and may be stored only in one accessory building which shall not exceed one story with a maximum height of 18 feet and 800 square feet of floor area and may have electricity, heat and water, but no kitchen, toilet or septic facilities.

[9]

The yard setbacks for the accessory building used for storage for a home occupation shall be double the otherwise required yard setbacks.

(e)

Family swimming pool and/or tennis court, subject to the yard requirements for accessory structures as set forth in § 500-10D. Any artificial lighting shall be shielded so that the direct source of the light is not visible from any point along the boundary lines of the property, and such artificial lighting shall not cause illumination in excess of 0.5 footcandles as measured at any point along the boundary lines of the property.

(f)

Detached dwelling for guests or employees, provided that such dwelling shall be so located that a future minor subdivision of the property could be made in a manner that both the existing dwelling and the detached dwelling would meet all of the respective area and yard requirements of the zone district.

(g)

Sale of farm or garden products only if such products are grown on the premises.

(h)

Barns, stables and sheds.

(i)

On properties less than 10 acres in size an owner may have, keep, and maintain as pets/hobby dogs a maximum of seven dogs over 12 months old (adult dogs). On properties 10 acres in size or larger, the owner thereof may have, keep and maintain as pets/hobby dogs a maximum of 15 adult dogs. In all instances, dogs between the age of 16 weeks and 12 months shall be considered puppies and in no event shall more than 10 such puppies be on the premises at any given time. Puppies under the age of 16 weeks are not regulated hereunder, however the property owner shall allow no greater than four litters of puppies in any 12-month period.

(2)

No accessory use conducted within a dwelling, or in association with a residential use, such as but not limited to a permitted professional practice, home occupation, or religious practice, shall involve the concurrent presence on the premises of more than three persons who are not members of the household occupying the dwelling, their residential house guests or domestic employees. No accessory building or structure shall be located on any lot upon which there is no principal building.

Supplementary regulations.

(1)

Private garage. In any residence district a private garage is permitted as an accessory to the principal use. Not more than one space within the garage shall be rented to or used by any other than the owner or lessee of the premises or by other than the person residing in the principal building of that lot.

(2)

Signs.

(a)

Purposes of regulations. The purposes of these regulations are:

[1]

To maintain and preserve the Township of Mendham as a pleasing and attractive environment so as to improve the quality of life of all residents of the Township.

[2]

To aid in preserving and enhancing the aesthetic, environmental and historic character of the Township.

[3]

To protect, conserve and enhance property values.

[4]

To enable the identification of places of residence and business.

[5]

To allow for the communication of information necessary for the conduct of commerce.

[6]

To minimize the size and number of signs and sign messages necessary to identify a residential or business location and the nature of any such business.

[7]

To lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation, excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

(b)

Definitions.

SIGN

Any device, free-standing or attached to a building or post or anything requiring support from the ground, or erected, painted, represented or reproduced upon or in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for, but not limited to, one or more of the following purposes: to identify the premises or occupant or owner of the premises, to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; or to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed. A name painted upon or attached to a box for the delivery of mail or a notice to the public of any kind erected by or at the direction of the state, county or the Township shall not constitute a sign for purposes of this ordinance.

SIGN AREA

The area of a sign shall be computed by multiplying the greatest horizontal dimension of the display surface by the greatest vertical dimension of the display surface, and any framing or edging shall be considered as part of the display surface. In the case of a free-standing sign, posts or other supporting devices shall not be included in computing the area of the sign.

(c)

Permit required.

[1]

All signs hereafter erected or altered, except those exempted as identified below shall conform to the provisions of this chapter. Any signs not specifically permitted are hereby prohibited.

[2]

Permits required. It shall be unlawful for any person to erect, structurally alter or relocate any sign without first obtaining a permit and making payment of the required fee. Permits shall be reviewed and issued by the Zoning Officer. Except that a complying exempt sign shall not require a permit fee.

[3]

Consent. No sign permit will be issued without the written consent of the landowner or the person in control of the premises.

(d)

Sign permit exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this chapter. The exemption shall apply to the requirement for sign permit only. No sign permits shall be required for the following signs:

[1]

Any public notice or warning required by a valid and applicable federal, state or local law, regulation or chapter.

[2]

Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three feet beyond the lot line of the lot or parcel nearest to where such sign is located.

[3]

Holiday lights and decorations with no commercial message.

[4]

Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material including historic tablets, cornerstones, memorial plaques and emblems which do not exceed four square feet in area from a single viewpoint.

[5]

Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.

[6]

Flags of the United States, New Jersey, the Township of Mendham, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States, provided that such a flag does not exceed 60 square feet in area and is not flown from a pole in excess of 40 feet in height. A flag's area shall be in reasonable proportion to the length of the pole from which it is displayed. Not more than three flags may be flown from any one pole. The statutory requirements associated with flags and general accepted standards of flag display etiquette shall be observed.

[7]

Signs forbidding trespassing, hunting, fishing or trapping as authorized by the fish and game laws not to exceed one square foot in size and further provided that no such sign shall be located less than 50 feet from one another.

[8]

Signs or banners advertising public or quasi-public events that are posted with the permission of the Township Committee or of any person to whom the Township Committee has delegated this authority according to guidelines set by the Township Committee.

[9]

U.S. Postal signage and regulation mailboxes.

[10]

Decorative flags which include no commercial message.

[11]

Farm and residential property identification signs, street number designations, postal boxes and customary farm warning signs in each case not to exceed two square feet in area.

(e)

Temporary signs in all zones. No permits are required to be issued for temporary signs. The following temporary signs shall be permitted in all zones, and shall comply with the following regulations.

[1]

Temporary signs inside windows and doors of commercial establishments not covering more than 20% of any given window or door and which shall be removed within 30 days of the date of erection. These signs shall not unreasonably obstruct light and visibility. Three such signs per calendar year shall be permitted.

[2]

Signs denoting the architect, engineer, contractor or tradesman, when placed upon property in which there is work under construction and not exceeding six square feet in area. Such signs shall be removed within 10 days of the completion of the work.

[3]

Temporary signs indicating a political preference or a political event, provided that such signs do not exceed 16 square feet in area on any one surface. The signs shall be removed within 15 days after the completion of the political function. Nothing herein shall be deemed to permit the erection or installation of any political signs upon any pole, tree or in a public right-of-way, and their erection or installation is hereby specifically prohibited.

[4]

Temporary signs advertising the sale or rental of the premises upon which it is situated, provided that such signs do not exceed four square feet, and which shall be removed within seven days of when the purpose of the sign is fulfilled. Balloons may only be attached to signs permitted at the premises on weekends and legal holidays. Separate open house signs and direction signs to the open house shall also be permitted in the public right-of-way at the closest intersections to the property on weekends and legal holidays only.

[5]

Banner signs sponsored by a charitable, religious, educational, public or other public service oriented entity or organization announcing a special event or function. Any such signs shall be erected no earlier than 30 days prior to the event and shall be removed no later than 10 days after the event.

(f)

Prohibited signs.

[1]

No sign shall be erected, used or maintained in any way which simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality, or by any public utility or similar agency concerned with the protection of public health or safety.

[2]

No sign shall be lighted by means of flashing or intermittent illumination. This shall include Electronic Message Centers (EMC's), which are also referred to as digital signs or computer-controlled electronic signs that change copy or images more frequently than once per minute.

[3]

No sign or any part of any sign shall be moving or give the illusion of movement.

[4]

No neon or similarly illuminated sign or decorative element shall be permitted. No sign shall have exposed high-intensity illumination or reflective material.

[5]

No sign shall obstruct any window, door, fire escape, stairway or opening intended to provide light or ingress or egress to or from any building or structure, with the exception that 20% of any window or door may be occupied by signage as permitted in Subsection E(2)(e)[1] above.

[6]

No sign shall be placed, located or displayed upon any sidewalk or area between the sidewalk and curb.

[7]

No sign shall be placed upon or above any roof.

[8]

No signs shall be allowed that are placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. This is not intended, however, to prohibit signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer.

[9]

No sign shall be illuminated by other than white, non-flashing, non-moving illumination. The direct source of light shall not be visible from any point along the boundary lines of the property.

(g)

Signs permitted for residential zones and uses.

[1]

Name plate signs not exceeding one square foot in area, or professional or announcement signs not exceeding two square feet in area. Said signs may be placed anywhere in the front yard.

(h)

Signs permitted for nonresidential zones and uses. One business sign not exceeding four square feet in area shall be permitted as an accessory use on each lot. The sign shall be attached flat to the wall of the building and may be illuminated only by indirect white illumination, non-flashing and non-moving. All signs shall be properly maintained. Whenever a business use is terminated, the sign accessory thereto shall be removed.

(i)

Signs permitted for institutional uses. Institutional uses as defined in this ordinance shall be permitted one freestanding monument sign not exceeding 24 square feet in area and no higher than six feet above the adjacent ground elevation. Such signs shall be either internally or externally illuminated as approved by the reviewing agency.

(3)

Keeping of animals or poultry, cattle, horses, sheep, goats, not more than six pigs six months old or over, or other farm livestock or poultry may be kept provided that any housing or runs therefor are subject to the yard requirements for principal buildings as set forth in Schedule of Requirements accompanying this chapter.[3]

[3]

Editor's Note: The Schedule of Requirements is included on the Zoning Map, which is included as an attachment to this chapter.

(4)

Storage and parking of commercial vehicles. Storage, parking or keeping of commercial vehicles is permitted as an accessory use provided they are kept in an enclosed building and are owned and operated by a resident of the premises. One commercial vehicle may be kept out-of-doors, provided it is used solely for transportation by a person residing on the premises. Except for one commercial vehicle, no vehicle having a gross vehicle weight in excess of three tons, including, without limitation, dump trucks, bulldozers, backhoes, tractors, trenchers, dumpsters and similar equipment, whether registered with commercial or individual plates or unregistered, shall be stored or parked outside of an enclosed building in a residential zone, unless such vehicle is being used for a permitted construction activity on the property. If the vehicle has not been operated or used on the property in connection with a permitted construction activity for a consecutive period of 14 calendar days, it shall be deemed as not being used on the property. This subsection shall not be deemed to allow the warehousing or garaging of vehicles in a manner which would violate § 500-4D(1)(d).

(5)

Accessory apartments. Two classes of accessory apartment are permitted in Mendham Township: market accessory apartments and inclusionary accessory apartments. Market accessory apartments shall conform to the requirements of Subsection E(5)(a). Inclusionary accessory apartments shall conform to the requirements of Subsection E(5)(b). All accessory apartments shall conform to the requirements of Subsection E(5)(c).

(a)

Market accessory apartments.

[1]

A market accessory apartment (MAA) may be located in a single-family dwelling in any residential zone district provided it is created in accordance with and conforms to all provisions to this § 500-4E(5). An MAA may be incorporated in a new dwelling or may be created within an existing dwelling constructed in accordance with all ordinances and regulations applicable to an addition to a dwelling. An MAA may be occupied only by a family of no more than three persons, at least one of whom shall be either (a) a person who is related by blood or marriage to the owner-occupant or tenant of the dwelling in which the accessory apartment is located or (b) a domestic employee working on the premises on a full-time basis for the owner-occupant or the tenant of the dwelling in which the MAA is located.

[2]

Only one MAA shall be permitted in any dwelling and the gross floor area of the accessory apartment shall not comprise more than 25% of the aggregate floor area of the structure in which it is located, provided, however, that no MAA shall have a gross floor area of less than 350 square feet.

[3]

An MAA shall not be occupied except in accordance with a currently valid accessory apartment permit issued by the Zoning Officer.

[4]

Every accessory apartment permit for an MAA shall be valid for a term ending on December 31 of the year in which it is issued and shall upon application be renewed annually so long as the MAA is occupied in accordance with the provisions of this § 500-4E(5), provided, however, that an initial permit or any renewal thereof shall expire immediately in the event that (a) title to the premises is transferred to a new owner, (b) the premises are leased to a new tenant, or (c) a change occurs in the composition of the family occupying the MAA which renders the family ineligible to occupy the accessory apartment in accordance with the provisions of this § 500-4E(5).

[5]

If an apartment permit for an MAA expires by reason of (a), (b) or (c) in Subsection E(5)(a)[4] above, the MAA shall be vacated and shall not again be occupied unless and until a new initial accessory apartment permit is applied for and issued by the Zoning Officer.

[6]

Every application for an initial or renewal accessory apartment permit shall be made upon a form provided by the Zoning Officer and shall be accompanied by the fee required by § 444-14A(12). The application shall require the name of each member of the family who will occupy the MAA as well as details of the relationship between any family member and the owner-occupant or the tenant of the dwelling which entitles the family to occupy the accessory apartment.

[7]

Prior to the issuance of any initial accessory apartment permit the owner-occupant of the dwelling or, in the event that the dwelling is leased, the owner and tenant of the dwelling shall execute an accessory apartment occupancy agreement with the Township in recordable form which shall provide that the MAA shall be occupied only in accordance with the provisions of a currently valid accessory apartment permit and that the Township may take appropriate legal action to enforce the provisions of the agreement.

[8]

Any dwelling in which a MAA is located in compliance with the provisions of this § 500-4E(5) shall be considered a single-family dwelling for all purposes, notwithstanding the existence of the MAA, use of the MAA being limited by the provisions of this subsection and incidental to the single-family residential use of the dwelling.

(b)

Inclusionary accessory apartments.

[1]

Any accessory apartment may be designated as an inclusionary accessory apartment (IAA) at the discretion of the Township for the reduction of the Mendham Township low- and moderate-income fair share housing obligation, calculated pursuant to the substantive rules of the New Jersey Council on Affordable Housing (COAH) N.J.A.C. 5:93-1.1 et seq.

[2]

Notwithstanding the occupancy limitations specified in Subsection E(5)(a)[1] above, such an IAA shall be subject only to the occupancy, income, affordability control and other relevant criteria specified for inclusionary housing by the substantive rules of COAH, N.J.A.C. 5:93-1.1 et seq.

[3]

In addition to locations within existing or new dwellings as specified in Subsection E(5)(a)[1] above, an IAA, designated to meet affordability criteria pursuant to the substantive rules of COAH, N.J.A.C. 5:93-1.1 et seq., may also be established within an existing accessory structure in any residential zone district, when approved for such occupancy by the Planning Board.

[4]

Not more than two IAA units shall be permitted in any host structure, provided, however, that no IAA unit shall have a gross floor area of less than 350 square feet.

[5]

All required controls associated with an IAA, designated to meet affordability criteria pursuant to the substantive rules of COAH, N.J.A.C. 5:93-1.1 et seq., may be administered directly by the Township or, under agreement with the Township by a nonprofit corporation or other governmental entity.

[6]

Any IAA shall be exempt from construction/occupancy permit, application, and other like Township fees.

[7]

At the time of the establishment of any IAA, a new deed shall be recorded in the Morris County Clerk's office, containing a restriction to the effect that if the IAA is not occupied consistent with the affordability criteria specified in this subsection, then the IAA shall be removed and the host structure restored to comply with specific requirements applicable in the zone district in which it is located.

(c)

All accessory apartments shall be subject to the following:

[1]

Prior to the issuance of a construction permit for any work related to the creation of an accessory apartment within an existing host structure or by an addition to an existing host structure, the owner of the structure shall obtain a determination from the Township Board of Health as to whether modifications to any existing individual subsurface sewage disposal system will be necessary by reason of the creation of the accessory apartment.

[2]

The accessory apartment and the structure in which it is located shall have separate direct access to the outdoors, regardless of whether or not access to the apartment is provided from within the structure in which it is located.

[3]

There shall be no sign, separate driveway access, separate exterior entrance or other visible evidence of an accessory apartment, which is observable from any abutting street.

[4]

There shall be separate off-street parking space(s) provided for the exclusive use by the occupants of the accessory apartment, adequate to accommodate any vehicles owned and/or used by such occupants.

[5]

The accessory apartment together with the host structure in which it is located shall comply with all applicable requirements of the Building Code and laws and housing regulations of the State of New Jersey and the Township of Mendham.

(6)

No trailer, house-trailer, camper, recreation vehicle, mobile home, boat or similar facility shall be used for dwelling or sleeping purposes, except that a house-trailer may be used temporarily by the owner or tenant of a lot as a dwelling on that lot when the residence on the lot has been damaged by fire or other natural or man-made disaster to such an extent that it is uninhabitable, provided, however, (i) a permit has been issued for such use by the Township Construction Code and Fire Code Officials, (ii) the setback requirements of this ordinance are complied with and (iii) the Mendham Township Committee has adopted a resolution approving the temporary use subject to such conditions as the Committee deems necessary.

(7)

Two residential dwellings on one lot are permitted on a temporary basis during construction of a new dwelling on the same lot for use by the owner of the existing dwelling. In order to qualify under this exception, the owner of the property must be the occupant of the existing dwelling and must continue to own and occupy the existing dwelling during construction of the new dwelling while two principal structures exist on one lot. Further, the owner of the property must be the eventual occupant of the new dwelling. The two residential dwellings may only include the existing/original dwelling and the new dwelling that is being built. The existing/original dwelling must be demolished within 60 days from issuance of a temporary certificate of occupancy for the new dwelling or one year after issuance of a building permit for construction of the new dwelling, whichever occurs first.

Conditional uses.

(1)

In any residence district a permit for a conditional use authorized by this subsection shall be issued by the Planning Board if the Planning Board determines that the proposed plans and conditions for the particular use on a specific lot meet all of the applicable requirements of this subsection for such use. An application for a conditional use permit shall be made to and acted upon by the Planning Board pursuant to the procedures set forth in Chapter 485, Subdivision and Site Plan Review, for site plan approval with hearing and notice.

(2)

The conditional uses authorized by this subsection and the respective requirements therefor are as follows:

(a)

Scientific breeding farm for dogs. Scientific breeding farms for dogs shall conform to the following regulations and standards:

[1]

No such operation shall be conducted for monetary profit, nor on any commercial basis.

[2]

No such operation shall be conducted on any parcel of land having less than 50 contiguous acres (lands separated by a public road shall not be considered contiguous).

[3]

The number of dogs over six months of age shall be strictly limited to three dogs per acre for the initial 50 acres and two dogs per acre for any contiguous acres in excess of the first 50 acres.

[4]

The density of persons per acre shall not exceed one dwelling unit, as an accessory use, for every 10 acres.

[5]

The functions and operations shall be limited to the specialized breeding of dogs and their care, as well as the maintenance of all the facilities necessary to carry on the operations. The boarding of dogs other than those owned by the operator of the scientific breeding farm is strictly prohibited.

[6]

All structures, roads, parking lots and facilities shall be privately maintained.

[7]

Any incineration equipment shall conform to the New Jersey Incinerator Code in all respects.

[8]

All buildings or structures shall have a minimum setback from any property line or public road of 200 feet, provided, however, that no building, structure or facility for dogs, including any open air facility or run, shall be closer than 250 feet to any property line or public road. Whenever a conditional use permit has been granted for the use of a particular lot then no additional or replacement building, structure or facility for dogs, including any open air facility or run, and any public road as shown upon the site plan first approved for such use, or closer to any other property line of the lot than the shortest distance between any such building, structure or facility for dogs, including any open air facility or run, and any other property line of the lot as shown upon the site plan first approved for such use.

[9]

All open air facilities or runs for dogs shall be enclosed by a chain link fence of at least six feet in height.

[10]

The total area coverage of all buildings and structures, including open air facilities or runs for dogs, shall not exceed 5% of the total site area.

[11]

Breeding facilities shall be screened by nondeciduous planting to a minimum height of four feet so as to visually screen such facilities from all public roads or improved residential areas.

[12]

All outdoor lighting fixtures shall be shielded so that the direct source of light is not visible from any public road or other property.

[13]

All water supply and sanitary sewage disposal facilities shall be installed and maintained by the operator of the scientific breeding farm in strict conformity with all applicable laws, ordinances and regulations.

[14]

All dogs shall be housed in sound resistant buildings between the hours of 8:00 P.M. and 6:00 A.M. prevailing time, and the walls of such structures shall have a sound resistance level of 40 decibels.

[15]

All outdoor runs for dogs shall be paved and the drainage from such runs shall enter the sanitary sewage disposal facilities and shall not be permitted to enter any storm or surface water drainage facilities. Such runs shall comply with all applicable health laws, ordinances and regulations.

(b)

Community residences for more than six developmentally disabled persons and community shelters for more than six victims of domestic violence (pursuant to N.J.S.A. 40:55D-66.1 and following). Community residences for more than six developmentally disabled persons and community shelters for more than six victims of domestic violence shall conform to the following standards:

[1]

The minimum lot area shall be three acres, provided, however, that in the R-5 Residence District the minimum lot area shall be five acres and in the R-10 Residence District the minimum lot area shall be 10 acres.

[2]

All yard, setback and height requirements for the zone in which the use is located shall be met.

[3]

All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.

[4]

Off-street parking shall be provided at the rate of two spaces for each developmentally disabled person or each victim of domestic violence. All parking areas shall be located at least 10 feet from any building and at least 100 feet from a street and at least 50 feet from any side or rear property line.

[5]

Structures and impervious improvements shall not occupy more than 10% of the lot area.

[6]

No more than 15 persons, exclusive of the resident staff, shall be housed in a single community residence for developmentally disabled persons or in a single shelter for victims of domestic violence.

[7]

No property devoted to a community residence for developmentally disabled persons and no property devoted to a community shelter for victims of domestic violence shall be located within 1,500 feet of another property devoted to either of such uses.

[8]

A conditional use permit for a community residence for developmentally disabled persons or for a community shelter for victims of domestic violence shall not be issued if the number of persons currently resident at such facilities within the Township exceeds, exclusive of resident staff, a total of 50 persons or 0.5% of the population of the Township, whichever is greater.

(c)

Equestrian farms. Equestrian farms shall be permitted only in an R-3 Zone, R-5 Zone or R-10 Zone and shall conform to the following regulations and standards:

[1]

No equestrian farm shall be operated on any parcel of land having less than 100 contiguous acres within the Township (lands separated by a public road shall not be considered contiguous).

[2]

The function and operation of an equestrian farm shall be limited to the following: (i) the boarding, breeding, caring for, training, showing, buying, selling and brokering of horses; (ii) the training of horse riders and horse handlers; (iii) horse exhibitions, horse shows and horse riding competitions; (iv) medical care and treatment of horses which are located at the equestrian farm by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon; and (v) the retail sale of riding equipment, riding apparel and accessories specifically associated with horse riding activities. Such retail sales shall be conducted within an accessory structure at a location to be approved by the Planning Board. Such accessory structure may also house up to six coin-operated video games for use inside the structure. The aggregate floor area of the accessory structure devoted to retail sales shall not exceed 1,000 square feet. Retail sales shall be conducted only by the owner or operator or the equestrian farm. There shall be no signs related to the retail sales on any public road frontage. Auction sales of horses and the retail or wholesale sales of horses or the sale of any other type of merchandise not specifically allowed above shall not be considered a permitted use, except that one-day auctions of horses or antiques shall be permitted when offered as part of a horse exhibition, horse show, or riding competition and when approved by the Township Committee as part of the special permit for such occasions. Horse exhibitions, horse shows and horse riding competitions shall be limited to no more than 18 days in any calendar year. No event shall exceed three consecutive days or such other length of time as is approved by the Township Committee in duration and shall be subject to the obtaining of a special permit therefor from the Township Committee of the Township of Mendham pursuant to the provisions of Section 7-5 of Chapter VII,[4] provided that such horse exhibitions, horse shows and horse riding competitions shall be for the exhibition, showing and competition of horses located at the equestrian farm by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon and for not more than 50 additional horses transported to the equestrian farm for the purpose of participation in such exhibitions, shows or competitions. Temporary parking areas for use during horse exhibitions, horse shows and horse riding competitions shall be as approved by the Township Committee and designated in the special permit obtained for those occasions.

[4]

Editor's Note: See Ch. 154, Equestrian Farm Exhibitions, Shows and Competitions.

[3]

The number of horses six months of age or older permitted on an equestrian farm shall be strictly limited to one horse per acre for the entire acreage of the equestrian farm, provided that in no event shall the total number of horses permitted exceed the capacity of all buildings and structures to provide interior shelter for the horses. The limitations contained herein shall apply to horses located on the premises for more than 48 consecutive hours.

[4]

Housing and living facilities, as an accessory use to an equestrian farm, shall be permitted in accordance with the following limitations and regulations:

[a]

Two single-family detached dwellings shall be permitted, one of which shall be so located that a future minor subdivision of the premises could be made in a manner that the said detached dwelling and all other dwellings and structures shall meet all of the road frontage, area and yard requirements of the R-3 Zone, R-5 Zone or R-10 Zone, as the case may be.

[b]

Except for two single-family detached dwellings as provided in Subsection F(2)(c)[4][a] above, all living quarters shall be part of and attached to principal structures, and shall consist of sleeping quarters with associated bathroom and kitchen facilities. A minimum of 200 square feet of living space shall be provided for the first person occupying such space and an additional 100 square feet of living space for each additional person. All such living quarters shall be constructed so as to provide a fire resistance barrier between such living quarters and other portions of any building in which they are located, such barrier to have a fire rating meeting the BOCA standards for such uses. All occupants of such single-family detached dwellings and other permitted living quarters shall be either the owner or operator of the equestrian farm or shall be bona fide employees at the equestrian farm who work a minimum of 20 hours per week or a family member of a bona fide employee of the equestrian farm. Except for occupancy by the owner or operator, such living quarters shall be used or occupied only at such time as the equestrian farm is in operation and any use or occupancy at any other time shall constitute a violation of this ordinance.

[c]

The names of all occupants of the single-family dwellings and other living quarters shall be registered at the Office of the Mendham Township Clerk. Such registration shall include the employee status of such occupants and if not employed at the equestrian farm the registration shall set forth the basis upon which such occupants qualify to reside at the equestrian farm, e.g., owner, operator or family member. The registration information shall be submitted annually by January 15th and shall be updated within 30 days of any change of occupancy.

[5]

All water supply and sanitary sewage disposal facilities shall be installed and maintained by the owner or operator of the equestrian farm in strict conformity with all applicable laws, ordinances and regulations.

[6]

As part of any application for the approval of a conditional use for an equestrian farm operation, the applicant shall submit a pest control and animal waste disposal plan approved by the Township Board of Health. Said plan shall be prepared by a recognized expert or governmental agency. Implementation and satisfactory maintenance of the plan shall be a requirement of continued operation of the equestrian farm.

[7]

The Planning Board shall have the authority, before and after investigation and consultation with appropriate experts and agencies such as the Soil Conservation Service or State Department of Agriculture, to prohibit the grazing of horses in areas deemed by the Planning Board to be overgrazed or overused as evidenced by substantial soil erosion and sedimentation problems.

[8]

All structures and parking areas shall have a minimum setback of 200 feet from any property line except that detached dwellings shall meet the minimum setback requirements of the R-3 Zone, R-5 Zone or R-10 Zone, as the case may be.

The Planning Board may grant a variance from the minimum 200-foot setback requirement for the use of existing structures for equestrian farm operations providing the following conditions are met.

[a]

Written notice and publication of the variance request shall be given in accordance with the provisions of Section 7.1 of the Municipal Land Use Law, N.J.S.A. 40:55D-12;

[b]

The strict application of the 200-foot setback requirement would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner or operator of the equestrian farm;

[c]

The Planning Board finds that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.

[d]

The use and location of the structures for equestrian farm activities will not adversely affect the use and enjoyment of surrounding properties.

[9]

All barns, stables, sheds and indoor riding arenas shall be constructed in accordance with the requirements of all applicable state and municipal building codes. No structures shall exceed 35 feet in height. No barn or stable shall have outside dimensions greater than 12,000 square feet.

No shed shall have outside dimensions greater than 2,400 square feet. Sheds shall be provided and used for the storage of all motorized equipment used in the operation of the equestrian farm, including motor vehicles and horse trailers, provided, however, that one item of such equipment maybe stored outside a shed. No more than one indoor riding arena shall be erected upon any equestrian farm, and the indoor riding arena shall not exceed 20,000 square feet of interior space. In the event that the equestrian farm operation is terminated on the premises, the indoor riding arena shall be removed, and failure to effect removal shall constitute a violation of this ordinance.

[10]

The total area coverage of impervious improvements shall not exceed 8% of the entire acreage of the equestrian farm, provided, however, that in no event shall the total area coverage of buildings and structures exceed 4% of the entire acreage of the equestrian farm.

[11]

All outdoor lighting shall be installed in accordance with the following requirements:

[a]

All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

[b]

The maximum number of footcandles from any indirect light source visible from any property line shall be 0.5.

[c]

Lights shall be restricted to buildings and barn areas, along driveways and where in the discretion of the Planning Board it is determined that safety and security considerations require their installation.

[d]

No light source shall exceed a maximum of three footcandles measured 25 feet from the source.

[e]

The maximum height of any free-standing light fixture shall be 16 feet.

[f]

The type and location of lights shall be approved as part of site plan approval.

[12]

Off-street parking areas shall be adequately screened from all adjacent properties.

(d)

Water storage facilities. A water storage facility for a public water supply system shall be permitted only in an R-3 Zone, R-5 Zone, or R-10 Zone and shall conform to the following regulations and standards:

[1]

Lot area. The minimum area of any lot upon which a permitted water storage facility is located shall be one acre.

[2]

Minimum lot frontage. Every lot upon which a permitted water storage facility is located shall have a minimum frontage of 50 feet measured along the right-of-way line of a street upon which the lot fronts.

[3]

Height limitations. No component of a permitted water storage facility shall exceed 35 feet in height.

[4]

Setbacks.

[a]

Any component of a permitted water storage facility which exceed three feet in height shall have a setback equal to or greater than twice that which is required for all front, side and rear yards in the zone in which the facility is located. In no event, however, shall any setback be less than that calculated by application of the following formula: S = 5H. "S" is the required setback distance measured in feet. "H" is the difference in elevation in feet between the top of the component of the water storage facility and the elevation of the ground at the property line of the lot from which the setback is measured.

[b]

Any component of a permitted water storage facility exposed to view and having a height of three feet or less shall comply with the front, side and rear yard setback requirements for the zone district, provided, however, that no front setback shall be less than 100 feet and no side or rear yard setback shall be less than 50 feet.

[5]

Improvements. Consistent with the particular conditions of the lot upon which the permitted water storage facility is located and the circumstances of the surrounding lands, access, parking, loading and area lighting facilities, as well as landscaping and screening, shall be installed and maintained as required and specified by the Planning Board in the approval of the site plan in accordance with Chapter 485 of this ordinance. The landscaping and screening shall be designed, installed and maintained to minimize to the greatest extent possible the visual impact of the water storage facility upon surrounding properties.

[6]

Termination of use of water storage facility on nonconforming lot. In the event of the termination of the use of a permitted water storage facility upon a lot that does not meet all area, dimensional and other applicable lot standards of this Chapter 500, for a use permitted in the zone district in which the lot is located, the then owner of the lot shall be responsible for removing from the lot any and all components of the water storage facility and grading and seeding of the disturbed areas of the lot in a manner compatible with the remainder of the surface of the lot. Upon the completion of such work, title to the lot shall vest by operation of law in the Township of Mendham. Any future use of the lot by the Township or subdivision of the lot with merger of portions of the lot into adjoining lots shall be in accordance with the Township Master Plan and/or in accordance with Planning Board approval as required by Township ordinances.

[7]

Provisions in deed for nonconforming lot. Prior to the issuance of a construction permit for a permitted water storage facility on a lot which does not meet all area, dimensional and other applicable lot standards of this Chapter 500 for a use permitted in the zone district in which the lot is located, a deed for such lot containing provisions consistent with the requirements of § 500-4F(2)(d)[6] above shall be recorded in the Morris County Clerk's Office. Prior to recording, the deed shall be reviewed and approved as to form and content by the Planning Board.

(e)

Institutional uses. Institutional uses listed in this subsection are permitted as conditional uses in any of the zone districts, provided they front on and have vehicular access only from state highway and country roads as designated by the Circulation Plan Element of the Mendham Township Master Plan, 1978, as amended and supplemented, and meet all applicable requirements provided below.

[1]

Public and private schools. Public schools covering any or all grades, pre-kindergarten through grade 12, and full-time private schools covering any or all grades, pre-kindergarten through grade 12, operated by charitable, religious or eleemosynary organizations, which are not conducted as a business and which are operated to satisfy state-mandated educational requirements, shall meet all of the following requirements:

[a]

Charter. The application shall be accompanied by the existing or proposed charter and by-laws of the organization and such other material as may be required to guarantee, to the satisfaction of the Planning Board, the following:

[i]

The organization is or will be a bona-fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and

[B]

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organization with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising, activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

[C]

The sale of items, products or materials required for the educational programs or welfare of the students or accessory to and having a relation to the activities conducted on the premises, such as but not limited to books, art materials and school supplies, of tickets for student activities or other school-related events or food for school lunches, is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

[b]

Minimum lot size. The lot or site on which the proposed school is to be located shall have a minimum area of 20 acres and the lot or site shall have a minimum street frontage of 500 feet.

[c]

Maximum lot coverage. The coverage of the lot by all buildings shall not exceed 3%, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements shall not exceed 15% of the total area of the lot.

[d]

Setbacks. Buildings shall be set back from any lot line a distance not less than five feet for each one foot of building of structure height. No paved areas, parking, sport or other facilities not associated with a building shall be closer than 50 feet to any lot line.

[e]

Off-street parking. Paved off-street parking shall be provided at the rate of one parking space for each 400 square feet of floor area of the school building and any appurtenant structures on the same lot for schools containing grades under the 10th grade. For schools containing grades 10th and/or 11th and/or 12th, off-street parking space shall be provided at the rate of one space for each 200 square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking on a public street during the course of normal educational programs. Landscape plantings shall be provided in sufficient quantity, quality, location and height and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.

[f]

Height. The height of buildings or structures shall not exceed 35 feet.

[2]

Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract shall meet all of the following requirements:

[a]

Charter. The application shall be accompanied by the existing or proposed Charter and by-laws of the organization, and such other material as may be required to guarantee, to the satisfaction of the Planning Board, the following:

[i]

The organization is or will be a bona-fide nonprofit religious group organized primarily for the benefit of its membership and is only involved in activities normally carried on by religious groups.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of religious groups, private social functions and the like.

[B]

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

[C]

The sale of religious articles or items, having relation to the cultural or ethnic background of the members of the faith is permitted on an ongoing basis, provided that such sales are conducted inside the building or structure.

[b]

Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of five acres and the lot or site shall have a minimum street frontage of 300 feet.

[c]

Maximum lot coverage. The coverage of the lot by all buildings and structures shall not exceed 20%.

[d]

[e]

Off-street parking. Paved off-street parking shall be provided on the same lot at the rate of one parking space for each 90 square feet of floor area in the church building and one space for each 200 square feet of floor area in any other building. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking on a public street during the course of normal activities. Landscape plantings shall be provided in sufficient quantity, quality, location and height and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.

[f]

Height. The height of buildings or structures other than church steeples shall not exceed 35 feet.

[g]

Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like be excluded under this subsection.

[3]

Municipal and Board of Education uses. Municipal uses other than parks and Mendham Township Board of Education uses, other than schools, shall meet all of the following requirements:

[a]

Maximum lot coverage. The lot coverage by all structures shall not exceed 20%.

[b]

Height. The height of buildings or structures shall not exceed 35 feet.

[c]

Off-street parking. Sufficient off-street parking spaces shall be provided to ensure that the use will not cause parking on any public street during the course of normal activities.

[d]

Screening. Landscape plantings shall be provided in sufficient quantity, location and height to preclude the transmission of headlight glare or other source of illumination onto adjacent properties and to preclude view of the parking area from a public street.

(f)

Telecommunications towers and antennas. Telecommunications towers and antennas are permitted as conditional uses in the Township of Mendham and shall conform to the requirements set forth herein.

[1]

Purpose. The purpose of this § 500-4F(2)(f) is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this subsection are:

[a]

To protect residential areas and land uses from potentially adverse impacts of towers and antennas;

[b]

To the extent that towers are proven necessary, to require their location on non-residential properties;

[c]

To minimize the total number of towers throughout the community;

[d]

To strongly encourage the joint use of new and existing tower sites rather than construction of additional single-use towers;

[e]

To encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

[f]

To encourage users of towers and antennas to construct and configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

[g]

To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

[h]

To consider the public health and safety of communication towers;

[i]

To avoid potential damage to adjacent properties from tower failure through engineering techniques and careful siting of tower structures; and

[j]

To provide additional antenna sites for Mendham Township emergency services.

[k]

This subsection further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property, and community aesthetics. This subsection expressly recognizes that wireless telecommunications facilities that require construction of towers or monopoles are not inherently beneficial uses, and that any such proposed facility must be particularly suited for the proposed site. Accordingly, towers and antennas shall be regulated and permitted as conditional uses pursuant to this § 500-F(2)(f) and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities, or private utilities.

[2]

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other provision of the Mendham Township Land Use Ordinance, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use, otherwise it shall be deemed to be an accessory use.

[3]

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Approving Authority an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Mendham or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The Approving Authority may share such information with other applicants applying for conditional use permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Township of Mendham, provided, however, that the Approving Authority is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

[4]

Aesthetics. Towers and antennas shall meet the following requirements:

[a]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.

[b]

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings, and shall be located out of public view behind existing structures, buildings or terrain features which will shield the tower, antenna and related structures from view.

[c]

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

[5]

Lighting. Towers shall not be artificially lighted, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

[6]

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations within 30 days of the applicable compliance date shall mean that the Township may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.

[7]

Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner shall maintain them in compliance with standards contained in applicable state or local building codes and the applicable standards for towers and antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Mendham concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within 30 days shall mean that the Township may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.

[8]

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Mendham have been obtained and shall file with its application a copy of all required franchises with the Approving Authority.

[9]

Public notice. For purposes of this subsection, any conditional use or variance request shall require notice to all owners of properties that are located within the corresponding separation distance listed in § 500-4F(2)(f)[18][c], Table 1, in addition to any notice otherwise required by the Land Use Ordinance.

[10]

Signs. No signs shall be allowed on an antenna or tower.

[11]

Multiple antenna/tower plan. The Township of Mendham encourages and mandates the users of towers and antennas to co-locate antennas where technically, practically, and economically feasible. Applications for approval of co-location on sites permitted pursuant to this § 500-4F(2)(f) shall be given priority in the review process.

[12]

Compliance with radiation emission standards. The applicant shall demonstrate that the proposed antenna and related structures and equipment complies with all applicable state and federal regulations of electromagnetic radiation levels. Thereafter, at least every two years after issuance of the initial certificate of occupancy, the applicant shall demonstrate that the antenna and related structures and equipment continue to comply with such applicable regulations.

[13]

Other requirements.

[a]

Where antennas or towers are to be located on municipally owned property the applicant shall furnish proof that it has obtained a license from or entered a lease with the Township of Mendham authorizing such antenna or tower. The Township shall, as a condition of such lease, require that the applicant receive a conditional use permit and site plan approval by the Planning Board. The decision to extend such leases to an applicant shall be vested solely with the Mendham Township Committee and shall, to the extent applicable, be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey.[5] Where towers or antennas are proposed to be located on non-municipally owned property as permitted in this § 500-4F(2)(f), the applicant shall submit proof that the property owner has consented to the application by entering into a lease subject to the applicant receiving a conditional use permit and site plan approval by the Planning Board.

[5]

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

[b]

Any antenna which is not attached to a tower may be attached to any existing structure located on the subject property provided:

[i]

The height of the antenna is not greater than 10 feet in excess of the maximum building height for the zone wherein the structure is located;

[ii]

The antenna complies with all applicable FCC and FAA regulations;

[iii]

The antenna complies with all applicable building codes; and

[iv]

The antenna complies with § 500-4F(2)(f)[4][c].

[14]

Installation of antennas on existing towers. Antennas may be installed on existing towers provided the antenna meets the following terms:

[a]

An antenna may be attached to an existing tower on the subject property and to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

[i]

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board allows reconstruction as a monopole.

[ii]

Height.

[A]

An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this subsection.

[B]

The additional height referred to in § 500-4F(2)(f)[14][a][ii][A] shall not require an additional distance separation as set forth in § 500-4F(2)(f)[18], Table 1. The tower's premodification height shall be used to calculate such distance separations.

[iii]

The tower must be designed and constructed so as to accommodate at least two antenna arrays of separate wireless telecommunications providers.

[15]

Requirements for all applications. In addition to site plan details specified in Chapter 485 of the Mendham Township Municipal Land Use Ordinance, all applications shall contain of the following:

[a]

A scaled plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including those located in adjacent municipalities), Master Plan recommendations for the site and all properties within the applicable separation distances set forth in § 500-4F(2)(f)[18], adjacent roadways, proposed means of access setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Approving Authority to be necessary to assess compliance with this ordinance.

[b]

Legal description of the entire tract and leased parcel (if applicable).

[c]

The setback distance between the proposed tower and the nearest residential unit and the residentially zoned properties as indicated on the municipal tax map.

[d]

The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 500-4F(2)(f)[3] shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

[e]

A landscape plan showing specific landscape materials including species type, size, spacing and existing vegetation to be removed or retained.

[f]

Method of fencing, and finished color and, if applicable, the method of camouflage.

[g]

A description of compliance with § 500-4F(2)(f)[3], [4], [6] and [12], and all applicable federal, state or local laws.

[h]

A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

[i]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

[j]

A description of the suitability or nonsuitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[k]

A description of the feasible location(s) of future towers or antennas for the applicant within the Township of Mendham based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

[l]

A visual study, including photographic or topographic plans such as balloon or crane tests, depicting where within a one-mile radius any portion of the proposed tower could be seen.

[m]

A letter of commitment to lease space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit, and shall commit the tower and/or antenna owner, property owner and successors in interest.

[n]

An agreement by the tower and/or antenna owner that other wireless telecommunications providers will be permitted to co-locate on the proposed tower within the limits of structural and radio frequency engineering requirements.

[o]

Documentary evidence by a professional licensed in the State of New Jersey regarding the need for the tower or antenna which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower or antenna at a particular location within the Township. The evidence shall include a radio frequency engineering analysis of the search area for the tower or antenna.

[p]

Elevation drawings of the tower and accessory structures depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

[16]

Additional factors considered in granting conditional use permit. In addition to the information required to be submitted in an application, the Approving Authority shall consider the following factors in determining whether to issue a conditional use permit:

[a]

Height of the proposed tower.

[b]

Proximity of the tower to residential structures and residential district boundaries.

[c]

Nature of uses on adjacent and nearby properties.

[d]

Surrounding topography and other terrain features.

[e]

Surrounding vegetation, tree coverage and foliage.

[f]

Design of the tower, with particular reference to design characteristics that have the effect of mitigating adverse visual impact.

[g]

Suitability of proposed ingress and egress.

[h]

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 500-4F(2)(f)[17].

[i]

Availability of proposed tower to other potential users.

[j]

Specifications and details for proposed alarm system.

[k]

Whether the proposed tower is particularly suited for the proposed site.

[17]

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Approving Authority that no existing tower structure or alternative technology that does not require the erection of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Approving Authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology.

[18]

Setbacks. The following setback requirements shall apply to all towers:

[a]

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and also from any building on-site not related to the tower use.

[b]

Accessory buildings must satisfy the minimum zoning district setback requirements.

[c]

Distances from off-site buildings or uses as specified in Table 1.

[d]

Tower setbacks and separation distances shall be measured from the center point or line of the tower to the off-site building, facility or designated site as specified in Table 1.

Table 1
Off-Site Building, Facility or Designated Site	Separation Distance
Existing residential dwelling, public park facilities and buildings, public or private schools, municipal buildings, libraries or houses or worship, or any site designated on the federal, state or municipal historic register	500 feet or 300% of the height of tower whichever is greater
Non-residentially zoned lands or non-residential uses not specified in this Table 1	At least 100% of the height of the tower from any adjoining lot line and any building on-site not related to the tower

[e]

Separation distances between towers as specified in Table 2. (Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.)

Table 2 Separation Distances Between Towers - Types
	Lattice	Monopole 100 Ft. or Greater in Height	Monopole Less Than 100 Ft. in Height
Lattice	5,000 ft.	1,500 ft.	750 ft.
Monopole 100 ft. or greater in height	1,500 ft.	1,500 ft.	750 ft.
Monopole less than 100 ft. in height	750 ft.	750 ft.	750 ft.

[19]

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anti-climbing measures.

[20]

Landscaping. The following requirements shall govern the landscaping surrounding towers:

[a]

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip on the tower property at least 10 feet wide outside the perimeter of the compound.

[b]

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be modified.

[c]

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be deemed a sufficient buffer.

[21]

Maximum height. New towers shall not exceed 150 feet in height and, except where the applicant can clearly demonstrate to the satisfaction of the Planning Board that the following heights are inappropriate for a particular proposed tower, maximum heights of new towers shall be as follows:

[a]

For single user, up to 100 feet in height.

[b]

For two users, up to 120 feet in height.

[c]

For three or more users up to 150 feet in height.

[22]

Requirements for equipment storage buildings, equipment cabinets or equipment structures. The storage building, equipment cabinet or structure used in association with towers and/or antennas shall comply with the following:

[a]

The equipment storage building, equipment cabinet or structure shall not contain more than 200 square feet of gross floor area for a single user nor more than 150 square feet of gross floor area each for multiple users or be more than 10 feet in height.

[b]

If the equipment cabinet or structure is located on the roof of a building, the aggregate area of the equipment cabinet or structure and other equipment and structures on such roof shall not occupy more than 10% of the roof area, and shall be screened from view utilizing architectural treatments and designs.

[c]

Equipment storage buildings or equipment cabinets or structures shall comply with all applicable building codes.

[d]

For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area for a single user nor more than 150 square feet of gross floor area each for multiple users or be more than 10 feet in height, and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.

[e]

Equipment cabinets or structures shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.

[23]

Removal of abandoned or outdated antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Mendham notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within said 90 days shall be deemed a violation of the Mendham Township Municipal Land Use Ordinance and in addition to other applicable fines and penalties shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer for such construction as required under all applicable Township ordinances.

[24]

Exceptions. All new towers or antennas in the Township of Mendham shall be subject to the regulations contained in this § 500-4F(2)(f), except that:

[a]

Amateur radio station operators/receive-only antennas. This § 500-4F(2)(f) shall not govern any tower, or the installation of any antenna, that is less than 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for "receive only" antennas.

[b]

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this Chapter 500, other than the requirements of § 500-4F(2)(f)[7] and [8], absent any enlargement or structural modification or the addition of any structures.

[c]

Parabolic satellite dish antennas. This § 500-4F(2)(f) shall not govern any parabolic satellite dish antennas.

[25]

General requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:

[a]

In granting a conditional use permit, the Approving Authority may impose conditions to the extent the Approving Authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

[b]

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey.

[c]

Payment of applicable fees and escrows as set forth in Chapter 444 of the Mendham Township Municipal Land Use Ordinance.

(g)

Accessory buildings which individually or when aggregated with other accessory buildings exceed 2,000 square feet of footprint shall only be permitted in conformance with the following regulations and standards:

[1]

Such accessory buildings shall only be permitted in the R-3, R-5 and R-10 zones.

[2]

Such accessory buildings shall only be permitted on lots larger than the minimum requirement for the R-3, R-5 and R-10 zones provided that, for each 1,000 square feet of footprint in excess of 2,000 square feet, or portion thereof, the lot shall contain a minimum additional area of three acres in excess of the minimum required.

[3]

Minimum setbacks for such accessory buildings over 2,000 square feet of footprint shall be in accordance with § 500-4I, Supplementary setback regulations.

[4]

Such accessory building shall be subject to minor site plan approval in accordance with § 485-8C and the notice requirements of § 444-7.

(h)

Reuse and reconstruction of existing buildings. Existing buildings in the Reuse and Reconstruction of Existing Buildings Overlay Zone District may be reused for any of the uses listed in § 500-8A provided the following regulations and standards are met. For the purposes of this section "principal building" shall mean the original Mosle Mansion and the attached wings. All of the remaining structures on the site shall be considered "accessory buildings."

[1]

Any reuse of existing buildings involving a change of use shall require conditional use approval in accordance with this section. The developer shall have the right to demolish accessory buildings and, at the discretion of the developer, to reconstruct them in accordance with the strict limitations set forth in § 500-4F(2)(h)[3][b] below of this ordinance.

[a]

Should the developer request permission to demolish the existing buildings on the site and not retain the principal building pursuant to § 500-8B, reconstruction shall be subject to the following requirements:

[i]

Minimum building setback from property boundaries: 80 feet.

[ii]

Maximum building height: 35 feet.

[iii]

Total impervious coverage shall be no more than 218,000 square feet.

[iv]

Parking requirements shall be pursuant to the New Jersey Residential Site Improvement Standards (RSIS).

[2]

The lot area must be at least 18 acres in Mendham Township.

[3]

Minor alterations; reconstruction of accessory buildings.

[a]

No new principal building floor area shall be created except for minor alterations that may be needed for code compliance, handicapped access, elevator installations or other improvements that do not significantly alter the building area and except for the construction of penthouses on top of the existing wings of the principal building provided that the height of the penthouses does not exceed the highest point of the existing principal building. Any minor alteration of the principal building shall not result in the minimum building setback from property boundaries being less than 80 feet.

[b]

Reconstruction of accessory buildings shall be subject to the following requirements:

[i]

Minimum setback from property boundaries: 80 feet.

[ii]

Maximum height: 35 feet.

[iii]

Minimum portion of each existing building footprint upon which reconstructed building to be located: 25%.

[iv]

Maximum increase of area of each existing footprint: 20%.

[4]

The total impervious surface coverage shall be no more than 218,000 square feet. Underground parking areas that are not below buildings and are covered by natural or landscaped surfaces shall not be included in the calculation for the impervious coverage limitation. However, such areas shall be considered as impervious coverage for stormwater management purposes.

[5]

Any use providing medical care shall provide its own ambulance service for its patients.

[6]

The amount of existing building floor area devoted to the uses permitted in the Reuse and Reconstruction of Existing Buildings Overlay Zone shall be shown on the site plan together with a calculation of the total floor area proposed to devoted to each use. The following parking standards shall utilized as a gauge for determining the maximum intensity of use. For the purpose of this section higher intensity uses are those that generate more need for parking. Accessory uses shall be counted as the principal use for these purposes. The total intensity of reuse and reconstruction of buildings for any combination of permitted uses shall not exceed a total of 200 parking spaces theoretically needed as calculated utilizing the following standards

Building Floor Area Devoted To:	Parking Spaces
Church services and other worship	1 for each three seats or one for each 72 inches of bench seating; however, there shall be no theoretical parking need generated if services are limited to weekends and/or evenings after 5:00 P.M.
Public assembly hall, theater	1 for each three seats or one for each 75 sq. ft. of assembly area; however, there shall be no theoretical parking need generated if such uses are limited to weekends and/or evenings after 5:00 P.M.
Non-profit office and governmental uses	1 for each 200 sq. ft.
Hospice, intermediate and long-term care facilities	1 per unit
Gymnasium use	1 for each 200 sq. ft.
Assisted living facility	0.5 per unit
On-site employee residences	1 per unit
Residential units	2 per unit
Day care facility	1 per every 600 sq. ft.
Elementary school	2 per classroom
Intermediate school	2 per classroom
High school	2 per classroom

The above parking standards are solely intended for calculating the maximum intensity of use. The ability to physically provide more than 200 parking spaces on site shall not constitute a valid reason to reuse or reconstruct building space with a higher percentage of higher intensity uses.

Limited-income housing.

(1)

Conditions. LIH as required by and regulated in this chapter shall meet the following conditions:

(a)

LIH units within each such development in the CR-1 and the CR-2 Zones shall be made available exclusively to limited income households at the ratio of not less than 50% low-income households nor more than 50% moderate-income households.

(b)

For purposes of this § 500-4G, a low-income household is one having a total income which is not more than 50% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted federal or New Jersey database. The aforesaid percentage may be amended from time to time as provided in this § 500-4G. For purposes of this § 500-4G, a moderate-income household is one having a total income which is not less than 50% nor more than 80% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted federal or New Jersey database. The aforesaid percentages may be amended from time to time as provided in this § 500-4G.

(c)

Occupancy of LIH units constructed under the provisions of this ordinance shall be limited to low- and moderate-income households as defined in this ordinance and shall be affordable to such households as follows:

[1]

In establishing affordability of a unit of a given number of bedrooms, such units must be affordable to household sizes as set forth below:

1 bedroom unit	2 person household
2 bedroom unit	3 person household
3 bedroom unit	5 person household

[2]

In the case of LIH units offered for sale, each unit shall be affordable to a household earning no more than 80% of the ceiling income for that household, by household size and income category, spending not more than 28% of its gross household income for the sum of the following: (i) principal and interest on a mortgage, based on a 10% down payment and realistically available mortgage interest rates; (ii) property taxes as currently levied in Mendham Township; (iii) insurance; and (iv) homeowners' association fees, if any. The proposed prices of LIH units to be offered for sale, and the calculations by which those prices have been determined, shall be submitted for approval by the applicant as a part of the application for preliminary site plan approval.

[3]

In the case of LIH units offered for rent, they shall be rented for no more than 30% of the gross household income of the low- or moderate-income household, said rental to be inclusive of all services, maintenance and utilities. In the event that any utility or other charges are paid directly by the tenant, the maximum rental of 30% shall represent the sum of the contract rent and all such utility or other charges. Rents shall be set individually for each tenant on the basis of individually verified household income.

(d)

Sale or rental of LIH units shall be on the basis of income and residency of applying eligible households. Where the number of applicants exceed the number of LIH units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available LIH units shall be consistent with the proportion of income categories as provided in § 500-4G(1)(a). Notwithstanding anything to the contrary contained herein, indigenous limited-income household applicants within the respective low- or moderate-income categories shall be given preference at all times over non-indigenous limited-income household applicants within the same category.

(e)

All applicants for the purchase or rental of LIH units shall meet the income qualifications established in this chapter at the time the application is filed and shall be qualified at the time of taking title or occupancy.

(f)

All tenants of rented LIH units shall be required to give proof of continued income qualification on the first and each subsequent anniversary date of taking occupancy. A household that ceases to meet the qualifications as a low-income household but does meet the qualifications of a moderate-income household may continue to occupy the unit, and the next moderate-income unit to become available which is owned by the same owner as the unit changing from low- to moderate-income occupancy shall be rented to a low-income household. Any tenant household having an income which on the first or any subsequent anniversary date of taking occupancy exceeds 125% of the current maximum income limitation for moderate-income household shall be required to vacate the rented unit upon nine months' written notice. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this chapter shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenants income exceeds the current maximum income limitation for a moderate-income household. In the implementation of this Subsection G(1)(f), income limitations shall be as adjusted for household size.

(g)

Any developer submitting an application for development which includes LIH units shall submit a plan for resale or rental controls to insure that the LIH units remain affordable to low- and moderate-income households for at least 30 years. Such plan shall contain all of those provisions set forth in this subsection, as well as conform to any regulations or guidelines adopted by the Township or any governmental agency or nonprofit entity delegated this authority by the Township of Mendham.

[1]

Any plan for controlling the resale of LIH units shall permit the owner of such units, upon resale, to sell that unit for:

[a]

The original sale price plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index between the date of initial purchase and the date of resale;

[b]

Reimbursement for documented monetary outlays made for reasonable property improvements; and

[c]

Reasonable costs incurred in selling the unit.

[2]

Any such plan shall provide that the low-income units upon resale may be sold only to low-income households, and the moderate-income units to either low- or moderate-income purchasers; provided, however, that the administering agency may establish reasonable provisions for waiver of this condition on a case by case basis in the event it finds that a particular unit may not feasibly be sold subject to this condition. In the event that the administering agency grants such a waiver, it may provide that the unit be sold at the formula price, and that the resale controls remain in effect for any subsequent sale of the unit.

[3]

The Township may administer these controls directly, or may enter into an agreement with a nonprofit corporation or other governmental entity, or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the Township require the developer to administer these controls as a condition of approval, nor may the resale controls be administered merely by the existence of a deed restriction on the property.

[4]

Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval, and shall be subject to approval by the Township Attorney and by the administering agency. All deed restrictions shall be consistent with all of the provisions of this section, and with any regulations or guidelines adopted by the administering agency.

[5]

Any LIH unit offered as a rental unit shall continue to be offered as a rental unit for at least 15 years. After 15 years, they may be converted to condominium or cooperative occupancy, but must be sold at prices affordable to moderate-income households, as defined herein, occupied by low- or moderate-income households, and subject to such resale controls as may be necessary to insure that the units will continue to be affordable to moderate-income households for the remainder of the 30-year period commencing with the issuance of certificates of occupancy on the last LIH unit in that development.

[6]

The administering agency, subject to review by the Township at the option of the governing body, shall adopt such regulations and guidelines as may be necessary to carry out the provisions of this § 500-4G(1)(g).

(h)

Notwithstanding any other provisions of this § 500-4G, the Township of Mendham shall have the right to purchase, either directly or through a governmental agency or authority or through a corporation under contract with the Township, any or all LIH units constructed in any development. Such right must be exercised by written notice to the developer within 30 days after the issuance of a construction permit or permits for the unit or units involved. Notice shall be mailed by certified mail, return receipt requested, to the developer at the address of the developer set forth in the application for construction permit, and the notice shall become effective upon mailing.

The purchase price for any unit shall be the agreed upon estimated highest price at which the unit could be sold to a qualified low- or moderate-income purchaser, as the case may be.

Closing of title on the purchase of any unit or units shall take place within 30 days after the issuance of a certificate of occupancy for the unit or units.

(2)

Administration. Except as to the provisions of § 500-4G(1)(g), the administration and enforcement of the provisions of this chapter as they pertain to LIH units shall be undertaken and performed by the Township Finance Officer, unless the Township Committee shall by resolution designate a governmental agency or nonprofit entity to undertake and perform such responsibilities.

(3)

Periodic review for modification of standards. The standards established in this chapter for qualification as a low-income household, a moderate-income household and the rental allowed to be charged for occupancy of LIH units shall be reviewed periodically by the Township Committee which shall, from time to time, adopt such amendments to this chapter as are required to assure that such standards conform to the applicable decisional and statutory law of New Jersey. In the event that the standards established by this chapter are so amended hereafter, such amended standards shall apply to any LIH units which have been constructed pursuant to this chapter and which are in existence at the time that such standards are so amended.

Lot geometry and net building envelope area regulations. In order that lots created by subdivision approval shall have appropriate geometries and suitable areas for utilization and development, the following standards shall be met for new lots created in the R, R-1, R-2, R-3, R-5 and R-10 zone residence districts:

(1)

Lot geometry. Each lot shall comply with all bulk requirements set forth in the Schedule of Requirements set forth on the Zoning Map.[6] Each lot shall be of such geometry, size and shape so that:

(a)

A lot geometry circle (LGC) can be inscribed entirely within the lot lines, tangent to the street right-of-way line (whether a public or private street), and

(b)

All lot lines hereinafter established which intersect with a public or private street shall be perpendicular or radial to the side line of such street for a minimum distance equal to the radius of the LGC applicable in the district and measured from said point of intersection.

[6]

Editor's Note: Said map is included as an attachment to this chapter.

(2)

Net building envelope area (NBEA). Each lot shall contain a net building envelope area (NBEA) and a building envelope circle (BEC) as set forth in the Schedule of Requirements set forth on the Zoning Map.[7]

[7]

Editor's Note: Said map is included as an attachment to this chapter.

Supplementary setback regulations. The minimum setbacks set forth on the Schedule of Requirements are applicable as minimum dimensions. Minimum setbacks shall be increased in the following circumstances:

(1)

Structures with heights over 20 feet:

(a)

In the R-3 zone the minimum setback of a structure with a height over 20 feet shall be increased by one foot for each one foot of the height of the structure in excess of 20 feet.

(b)

In the R-5 zone the minimum setback of a structure with a height over 20 feet shall be increased by two feet for each one foot of the height of the structure in excess of 20 feet.

(c)

In the R-10 zone the minimum setback of a structure with a height over 20 feet shall be increased by three feet for each one foot of the height of the structure in excess of 20 feet.

(2)

Accessory buildings with footprints over 1,000 square feet: In all zones, the minimum front, side and rear yard setbacks for an accessory building of over 1,000 square feet of footprint shall be increased by 1.5 feet for each 100 square feet of footprint in excess of 1,000 square feet or portion thereof.

Mendham Township City Zoning Code

§ 500-4

Residence districts.

Uses. In the residence districts R, R-1, R-2, R-3, R-5, and R-10, the following uses are permitted:

(1)

Single detached house used as a residence by not more than one family with a minimum floor area of not less than 800 square feet.

(2)

Horticulture or agriculture as a livelihood, subject to § 500-4E and provided that commodities offered for sale upon the premises are grown on the premises.

(3)

Parks and playgrounds not associated with any building.

(4)

(5)

Conditional uses as regulated by § 500-4F of this chapter.

(6)

(a)

All uses and structures customarily incidental to agricultural shall be permitted accessory uses in all residential zones, 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 conduction of farm practices at any and all times when necessary;

[11]

[12]

[13]

CR-1 Combination Residential District.

(1)

Permitted uses.

(a)

(b)

Additional accessory uses.

[1]

Housing facilities, as an accessory use to dedicated common open space as required in the CR-1 Zone, shall be permitted in accordance with the following limitations and regulations:

[2]

(2)

(3)

Conventional detached single dwelling unit residential development shall meet the following requirements:

(a)

(b)

Lot frontage and depth. The dimensions and geometry of each lot shall be as approved by the Planning Board.

(c)

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

(d)

The aggregate area of all impervious surfaces shall not exceed 20% of the lot area.

(e)

Applications for preliminary subdivision and preliminary site plan approval shall address the entire development area inclusive of conventional residential, LIH and common open space.

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

(b)

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection B(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

(f)

(g)

(h)

[1]

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

(j)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(k)

[1]

[2]

[3]

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(l)

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy; and

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Utilities.

(a)

(b)

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(6)

(7)

Common open space.

(a)

No less than 59% of the gross lot area of any development in the CR-1 Zone shall be set aside and remain in common open space and shall meet the following standards:

[1]

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

[4]

(b)

(c)

(d)

(8)

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

CR-2 Combination Residential District.

(1)

(2)

(3)

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

Building size. No LIH structure shall contain more than eight nor less than four dwelling units.

(b)

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection C(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

(f)

(g)

(h)

[1]

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

Utilities.

[1]

Every dwelling unit within the development must be connected to a public potable water system as approved by the Township Board of Health.

[2]

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(j)

[2]

Editor's Note: Former Ch. X, Streets and Sidewalks, is reserved. See now Ch. 301, Streets, Sidewalks and Driveways.

(k)

(l)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(m)

[1]

[2]

[3]

The applicant may obtain construction permits for 62.5% of the total conventional dwelling units, provided, however, no additional certificates of occupancy shall be issued above the 50% of the conventional units referred to in Subsection C(4)(m)[2] above until certificates of occupancy are issued for all of the LIH units.

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(n)

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy;

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Common open space.

(a)

[1]

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

[4]

(b)

(c)

The Township of Mendham may, if the Township Committee deems it to be in the public interest, accept the dedication of the common open space area required to be set aside pursuant to § 500-4C(5)(a) for public use and maintenance, and in such case, the developer shall convey the title to the lands contained in such common open space area to the Township of Mendham in fee simple absolute by suitable deed of conveyance, provided, however, that the Planning Board shall not require as a condition of approval of any development in the CR-2 Zone that lands set aside for common open space be dedicated or made available to public use.

(d)

(6)

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling unit residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

Deed restrictions, covenants or other suitable instruments designed to implement plans and requirements in connection with open space ownership and provisions for the funding of the management and maintenance thereof as well as in connection with eligibility for purchase and rental of required LIH to be provided as part of the development.

Accessory uses.

(1)

The following accessory uses shall be permitted:

(a)

Private garage subject to § 500-4E.

(b)

Non-commercial greenhouses.

(c)

Professional practice as defined in Chapter 407, Definitions, Land Use, provided that the practice does not occupy more than 500 square feet of the floor area of the dwelling.

(d)

Home occupation as defined in Chapter 407, Definitions, Land Use, provided that it complies with the following standards:

[1]

The principal use of the premises shall be residential.

[2]

The person engaged in such home occupation shall be a resident on the premises.

[3]

There shall be no nonresident partners, employees or helpers working on the premises.

[4]

The business of the home occupation is carried on wholly within the completely enclosed residence building and does not occupy more than 500 square feet of the floor area of the dwelling.

[5]

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

[6]

No traffic or parking shall be generated by a home occupation in greater volume than would normally be experienced in a residential neighborhood.

[7]

No equipment or process shall be used in a home occupation which creates noise, glare, fumes, odors, electrical interference or other nuisance factors detectable from a neighboring property.

[8]

[9]

The yard setbacks for the accessory building used for storage for a home occupation shall be double the otherwise required yard setbacks.

(e)

(f)

(g)

Sale of farm or garden products only if such products are grown on the premises.

(h)

Barns, stables and sheds.

(i)

(2)

Supplementary regulations.

(1)

(2)

Signs.

(a)

Purposes of regulations. The purposes of these regulations are:

[1]

To maintain and preserve the Township of Mendham as a pleasing and attractive environment so as to improve the quality of life of all residents of the Township.

[2]

To aid in preserving and enhancing the aesthetic, environmental and historic character of the Township.

[3]

To protect, conserve and enhance property values.

[4]

To enable the identification of places of residence and business.

[5]

To allow for the communication of information necessary for the conduct of commerce.

[6]

To minimize the size and number of signs and sign messages necessary to identify a residential or business location and the nature of any such business.

[7]

(b)

Definitions.

SIGN

SIGN AREA

(c)

Permit required.

[1]

All signs hereafter erected or altered, except those exempted as identified below shall conform to the provisions of this chapter. Any signs not specifically permitted are hereby prohibited.

[2]

[3]

Consent. No sign permit will be issued without the written consent of the landowner or the person in control of the premises.

(d)

[1]

Any public notice or warning required by a valid and applicable federal, state or local law, regulation or chapter.

[2]

[3]

Holiday lights and decorations with no commercial message.

[4]

[5]

Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.

[6]

[7]

[8]

[9]

U.S. Postal signage and regulation mailboxes.

[10]

Decorative flags which include no commercial message.

[11]

Farm and residential property identification signs, street number designations, postal boxes and customary farm warning signs in each case not to exceed two square feet in area.

(e)

Temporary signs in all zones. No permits are required to be issued for temporary signs. The following temporary signs shall be permitted in all zones, and shall comply with the following regulations.

[1]

[2]

[3]

[4]

[5]

(f)

Prohibited signs.

[1]

[2]

[3]

No sign or any part of any sign shall be moving or give the illusion of movement.

[4]

No neon or similarly illuminated sign or decorative element shall be permitted. No sign shall have exposed high-intensity illumination or reflective material.

[5]

[6]

No sign shall be placed, located or displayed upon any sidewalk or area between the sidewalk and curb.

[7]

No sign shall be placed upon or above any roof.

[8]

[9]

No sign shall be illuminated by other than white, non-flashing, non-moving illumination. The direct source of light shall not be visible from any point along the boundary lines of the property.

(g)

Signs permitted for residential zones and uses.

[1]

Name plate signs not exceeding one square foot in area, or professional or announcement signs not exceeding two square feet in area. Said signs may be placed anywhere in the front yard.

(h)

(i)

(3)

[3]

Editor's Note: The Schedule of Requirements is included on the Zoning Map, which is included as an attachment to this chapter.

(4)

(5)

(a)

Market accessory apartments.

[1]

[2]

[3]

An MAA shall not be occupied except in accordance with a currently valid accessory apartment permit issued by the Zoning Officer.

[4]

[5]

[6]

[7]

[8]

(b)

Inclusionary accessory apartments.

[1]

[2]

[3]

[4]

Not more than two IAA units shall be permitted in any host structure, provided, however, that no IAA unit shall have a gross floor area of less than 350 square feet.

[5]

[6]

Any IAA shall be exempt from construction/occupancy permit, application, and other like Township fees.

[7]

(c)

All accessory apartments shall be subject to the following:

[1]

[2]

[3]

There shall be no sign, separate driveway access, separate exterior entrance or other visible evidence of an accessory apartment, which is observable from any abutting street.

[4]

[5]

(6)

(7)

Conditional uses.

(1)

(2)

The conditional uses authorized by this subsection and the respective requirements therefor are as follows:

(a)

Scientific breeding farm for dogs. Scientific breeding farms for dogs shall conform to the following regulations and standards:

[1]

No such operation shall be conducted for monetary profit, nor on any commercial basis.

[2]

No such operation shall be conducted on any parcel of land having less than 50 contiguous acres (lands separated by a public road shall not be considered contiguous).

[3]

The number of dogs over six months of age shall be strictly limited to three dogs per acre for the initial 50 acres and two dogs per acre for any contiguous acres in excess of the first 50 acres.

[4]

The density of persons per acre shall not exceed one dwelling unit, as an accessory use, for every 10 acres.

[5]

[6]

All structures, roads, parking lots and facilities shall be privately maintained.

[7]

Any incineration equipment shall conform to the New Jersey Incinerator Code in all respects.

[8]

[9]

All open air facilities or runs for dogs shall be enclosed by a chain link fence of at least six feet in height.

[10]

The total area coverage of all buildings and structures, including open air facilities or runs for dogs, shall not exceed 5% of the total site area.

[11]

Breeding facilities shall be screened by nondeciduous planting to a minimum height of four feet so as to visually screen such facilities from all public roads or improved residential areas.

[12]

All outdoor lighting fixtures shall be shielded so that the direct source of light is not visible from any public road or other property.

[13]

[14]

[15]

(b)

[1]

[2]

All yard, setback and height requirements for the zone in which the use is located shall be met.

[3]

All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.

[4]

[5]

Structures and impervious improvements shall not occupy more than 10% of the lot area.

[6]

No more than 15 persons, exclusive of the resident staff, shall be housed in a single community residence for developmentally disabled persons or in a single shelter for victims of domestic violence.

[7]

[8]

(c)

Equestrian farms. Equestrian farms shall be permitted only in an R-3 Zone, R-5 Zone or R-10 Zone and shall conform to the following regulations and standards:

[1]

No equestrian farm shall be operated on any parcel of land having less than 100 contiguous acres within the Township (lands separated by a public road shall not be considered contiguous).

[2]

[4]

Editor's Note: See Ch. 154, Equestrian Farm Exhibitions, Shows and Competitions.

[3]

[4]

Housing and living facilities, as an accessory use to an equestrian farm, shall be permitted in accordance with the following limitations and regulations:

[a]

[b]

[c]

[5]

[6]

[7]

[8]

The Planning Board may grant a variance from the minimum 200-foot setback requirement for the use of existing structures for equestrian farm operations providing the following conditions are met.

[a]

Written notice and publication of the variance request shall be given in accordance with the provisions of Section 7.1 of the Municipal Land Use Law, N.J.S.A. 40:55D-12;

[b]

[c]

[d]

The use and location of the structures for equestrian farm activities will not adversely affect the use and enjoyment of surrounding properties.

[9]

[10]

[11]

All outdoor lighting shall be installed in accordance with the following requirements:

[a]

All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

[b]

The maximum number of footcandles from any indirect light source visible from any property line shall be 0.5.

[c]

[d]

No light source shall exceed a maximum of three footcandles measured 25 feet from the source.

[e]

The maximum height of any free-standing light fixture shall be 16 feet.

[f]

The type and location of lights shall be approved as part of site plan approval.

[12]

Off-street parking areas shall be adequately screened from all adjacent properties.

(d)

[1]

Lot area. The minimum area of any lot upon which a permitted water storage facility is located shall be one acre.

[2]

[3]

Height limitations. No component of a permitted water storage facility shall exceed 35 feet in height.

[4]

Setbacks.

[a]

[b]

[5]

[6]

[7]

(e)

[1]

[a]

[i]

The organization is or will be a bona-fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and

[B]

[C]

[b]

Minimum lot size. The lot or site on which the proposed school is to be located shall have a minimum area of 20 acres and the lot or site shall have a minimum street frontage of 500 feet.

[c]

[d]

[e]

[f]

Height. The height of buildings or structures shall not exceed 35 feet.

[2]

Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract shall meet all of the following requirements:

[a]

[i]

The organization is or will be a bona-fide nonprofit religious group organized primarily for the benefit of its membership and is only involved in activities normally carried on by religious groups.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of religious groups, private social functions and the like.

[B]

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

[C]

[b]

Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of five acres and the lot or site shall have a minimum street frontage of 300 feet.

[c]

Maximum lot coverage. The coverage of the lot by all buildings and structures shall not exceed 20%.

[d]

[e]

[f]

Height. The height of buildings or structures other than church steeples shall not exceed 35 feet.

[g]

[3]

Municipal and Board of Education uses. Municipal uses other than parks and Mendham Township Board of Education uses, other than schools, shall meet all of the following requirements:

[a]

Maximum lot coverage. The lot coverage by all structures shall not exceed 20%.

[b]

Height. The height of buildings or structures shall not exceed 35 feet.

[c]

Off-street parking. Sufficient off-street parking spaces shall be provided to ensure that the use will not cause parking on any public street during the course of normal activities.

[d]

(f)

Telecommunications towers and antennas. Telecommunications towers and antennas are permitted as conditional uses in the Township of Mendham and shall conform to the requirements set forth herein.

[1]

Purpose. The purpose of this § 500-4F(2)(f) is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this subsection are:

[a]

To protect residential areas and land uses from potentially adverse impacts of towers and antennas;

[b]

To the extent that towers are proven necessary, to require their location on non-residential properties;

[c]

To minimize the total number of towers throughout the community;

[d]

To strongly encourage the joint use of new and existing tower sites rather than construction of additional single-use towers;

[e]

To encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

[f]

[g]

To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

[h]

To consider the public health and safety of communication towers;

[i]

To avoid potential damage to adjacent properties from tower failure through engineering techniques and careful siting of tower structures; and

[j]

To provide additional antenna sites for Mendham Township emergency services.

[k]

[2]

[3]

[4]

Aesthetics. Towers and antennas shall meet the following requirements:

[a]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.

[b]

[c]

[5]

[6]

[7]

[8]

[9]

[10]

Signs. No signs shall be allowed on an antenna or tower.

[11]

[12]

[13]

Other requirements.

[a]

[5]

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

[b]

Any antenna which is not attached to a tower may be attached to any existing structure located on the subject property provided:

[i]

The height of the antenna is not greater than 10 feet in excess of the maximum building height for the zone wherein the structure is located;

[ii]

The antenna complies with all applicable FCC and FAA regulations;

[iii]

The antenna complies with all applicable building codes; and

[iv]

The antenna complies with § 500-4F(2)(f)[4][c].

[14]

Installation of antennas on existing towers. Antennas may be installed on existing towers provided the antenna meets the following terms:

[a]

[i]

[ii]

Height.

[A]

An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this subsection.

[B]

[iii]

The tower must be designed and constructed so as to accommodate at least two antenna arrays of separate wireless telecommunications providers.

[15]

Requirements for all applications. In addition to site plan details specified in Chapter 485 of the Mendham Township Municipal Land Use Ordinance, all applications shall contain of the following:

[a]

[b]

Legal description of the entire tract and leased parcel (if applicable).

[c]

The setback distance between the proposed tower and the nearest residential unit and the residentially zoned properties as indicated on the municipal tax map.

[d]

[e]

A landscape plan showing specific landscape materials including species type, size, spacing and existing vegetation to be removed or retained.

[f]

Method of fencing, and finished color and, if applicable, the method of camouflage.

[g]

A description of compliance with § 500-4F(2)(f)[3], [4], [6] and [12], and all applicable federal, state or local laws.

[h]

A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

[i]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

[j]

[k]

[l]

A visual study, including photographic or topographic plans such as balloon or crane tests, depicting where within a one-mile radius any portion of the proposed tower could be seen.

[m]

[n]

[o]

[p]

Elevation drawings of the tower and accessory structures depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

[16]

[a]

Height of the proposed tower.

[b]

Proximity of the tower to residential structures and residential district boundaries.

[c]

Nature of uses on adjacent and nearby properties.

[d]

Surrounding topography and other terrain features.

[e]

Surrounding vegetation, tree coverage and foliage.

[f]

Design of the tower, with particular reference to design characteristics that have the effect of mitigating adverse visual impact.

[g]

Suitability of proposed ingress and egress.

[h]

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 500-4F(2)(f)[17].

[i]

Availability of proposed tower to other potential users.

[j]

Specifications and details for proposed alarm system.

[k]

Whether the proposed tower is particularly suited for the proposed site.

[17]

[18]

Setbacks. The following setback requirements shall apply to all towers:

[a]

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and also from any building on-site not related to the tower use.

[b]

Accessory buildings must satisfy the minimum zoning district setback requirements.

[c]

Distances from off-site buildings or uses as specified in Table 1.

[d]

Tower setbacks and separation distances shall be measured from the center point or line of the tower to the off-site building, facility or designated site as specified in Table 1.

Table 1
Off-Site Building, Facility or Designated Site	Separation Distance
Existing residential dwelling, public park facilities and buildings, public or private schools, municipal buildings, libraries or houses or worship, or any site designated on the federal, state or municipal historic register	500 feet or 300% of the height of tower whichever is greater
Non-residentially zoned lands or non-residential uses not specified in this Table 1	At least 100% of the height of the tower from any adjoining lot line and any building on-site not related to the tower

[e]

Table 2 Separation Distances Between Towers - Types
	Lattice	Monopole 100 Ft. or Greater in Height	Monopole Less Than 100 Ft. in Height
Lattice	5,000 ft.	1,500 ft.	750 ft.
Monopole 100 ft. or greater in height	1,500 ft.	1,500 ft.	750 ft.
Monopole less than 100 ft. in height	750 ft.	750 ft.	750 ft.

[19]

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anti-climbing measures.

[20]

Landscaping. The following requirements shall govern the landscaping surrounding towers:

[a]

[b]

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be modified.

[c]

[21]

[a]

For single user, up to 100 feet in height.

[b]

For two users, up to 120 feet in height.

[c]

For three or more users up to 150 feet in height.

[22]

[a]

[b]

[c]

Equipment storage buildings or equipment cabinets or structures shall comply with all applicable building codes.

[d]

[e]

[23]

[24]

Exceptions. All new towers or antennas in the Township of Mendham shall be subject to the regulations contained in this § 500-4F(2)(f), except that:

[a]

[b]

[c]

Parabolic satellite dish antennas. This § 500-4F(2)(f) shall not govern any parabolic satellite dish antennas.

[25]

General requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:

[a]

[b]

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey.

[c]

Payment of applicable fees and escrows as set forth in Chapter 444 of the Mendham Township Municipal Land Use Ordinance.

(g)

[1]

Such accessory buildings shall only be permitted in the R-3, R-5 and R-10 zones.

[2]

[3]

Minimum setbacks for such accessory buildings over 2,000 square feet of footprint shall be in accordance with § 500-4I, Supplementary setback regulations.

[4]

Such accessory building shall be subject to minor site plan approval in accordance with § 485-8C and the notice requirements of § 444-7.

(h)

[1]

[a]

[i]

Minimum building setback from property boundaries: 80 feet.

[ii]

Maximum building height: 35 feet.

[iii]

Total impervious coverage shall be no more than 218,000 square feet.

[iv]

Parking requirements shall be pursuant to the New Jersey Residential Site Improvement Standards (RSIS).

[2]

The lot area must be at least 18 acres in Mendham Township.

[3]

Minor alterations; reconstruction of accessory buildings.

[a]

[b]

Reconstruction of accessory buildings shall be subject to the following requirements:

[i]

Minimum setback from property boundaries: 80 feet.

[ii]

Maximum height: 35 feet.

[iii]

Minimum portion of each existing building footprint upon which reconstructed building to be located: 25%.

[iv]

Maximum increase of area of each existing footprint: 20%.

[4]

[5]

Any use providing medical care shall provide its own ambulance service for its patients.

[6]

Building Floor Area Devoted To:	Parking Spaces
Church services and other worship	1 for each three seats or one for each 72 inches of bench seating; however, there shall be no theoretical parking need generated if services are limited to weekends and/or evenings after 5:00 P.M.
Public assembly hall, theater	1 for each three seats or one for each 75 sq. ft. of assembly area; however, there shall be no theoretical parking need generated if such uses are limited to weekends and/or evenings after 5:00 P.M.
Non-profit office and governmental uses	1 for each 200 sq. ft.
Hospice, intermediate and long-term care facilities	1 per unit
Gymnasium use	1 for each 200 sq. ft.
Assisted living facility	0.5 per unit
On-site employee residences	1 per unit
Residential units	2 per unit
Day care facility	1 per every 600 sq. ft.
Elementary school	2 per classroom
Intermediate school	2 per classroom
High school	2 per classroom

Limited-income housing.

(1)

Conditions. LIH as required by and regulated in this chapter shall meet the following conditions:

(a)

(b)

(c)

[1]

In establishing affordability of a unit of a given number of bedrooms, such units must be affordable to household sizes as set forth below:

1 bedroom unit	2 person household
2 bedroom unit	3 person household
3 bedroom unit	5 person household

[2]

[3]

(d)

(e)

(f)

(g)

[1]

Any plan for controlling the resale of LIH units shall permit the owner of such units, upon resale, to sell that unit for:

[a]

The original sale price plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index between the date of initial purchase and the date of resale;

[b]

Reimbursement for documented monetary outlays made for reasonable property improvements; and

[c]

Reasonable costs incurred in selling the unit.

[2]

[3]

[4]

[5]

[6]

(h)

The purchase price for any unit shall be the agreed upon estimated highest price at which the unit could be sold to a qualified low- or moderate-income purchaser, as the case may be.

Closing of title on the purchase of any unit or units shall take place within 30 days after the issuance of a certificate of occupancy for the unit or units.

(2)

(3)

(1)

Lot geometry. Each lot shall comply with all bulk requirements set forth in the Schedule of Requirements set forth on the Zoning Map.[6] Each lot shall be of such geometry, size and shape so that:

(a)

A lot geometry circle (LGC) can be inscribed entirely within the lot lines, tangent to the street right-of-way line (whether a public or private street), and

(b)

[6]

Editor's Note: Said map is included as an attachment to this chapter.

(2)

[7]

Editor's Note: Said map is included as an attachment to this chapter.

(1)

Structures with heights over 20 feet:

(a)

In the R-3 zone the minimum setback of a structure with a height over 20 feet shall be increased by one foot for each one foot of the height of the structure in excess of 20 feet.

(b)

In the R-5 zone the minimum setback of a structure with a height over 20 feet shall be increased by two feet for each one foot of the height of the structure in excess of 20 feet.

(c)

In the R-10 zone the minimum setback of a structure with a height over 20 feet shall be increased by three feet for each one foot of the height of the structure in excess of 20 feet.

(2)

Mendham Township City Zoning Code

§ 500-4

Residence districts.

Uses. In the residence districts R, R-1, R-2, R-3, R-5, and R-10, the following uses are permitted:

(1)

Single detached house used as a residence by not more than one family with a minimum floor area of not less than 800 square feet.

(2)

Horticulture or agriculture as a livelihood, subject to § 500-4E and provided that commodities offered for sale upon the premises are grown on the premises.

(3)

Parks and playgrounds not associated with any building.

(4)

(5)

Conditional uses as regulated by § 500-4F of this chapter.

(6)

(a)

All uses and structures customarily incidental to agricultural shall be permitted accessory uses in all residential zones, 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 conduction of farm practices at any and all times when necessary;

[11]

[12]

[13]

CR-1 Combination Residential District.

(1)

Permitted uses.

(a)

(b)

Additional accessory uses.

[1]

Housing facilities, as an accessory use to dedicated common open space as required in the CR-1 Zone, shall be permitted in accordance with the following limitations and regulations:

[2]

(2)

(3)

Conventional detached single dwelling unit residential development shall meet the following requirements:

(a)

(b)

Lot frontage and depth. The dimensions and geometry of each lot shall be as approved by the Planning Board.

(c)

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

(d)

The aggregate area of all impervious surfaces shall not exceed 20% of the lot area.

(e)

Applications for preliminary subdivision and preliminary site plan approval shall address the entire development area inclusive of conventional residential, LIH and common open space.

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

(b)

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection B(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

(f)

(g)

(h)

[1]

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

(j)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(k)

[1]

[2]

[3]

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(l)

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy; and

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Utilities.

(a)

(b)

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(6)

(7)

Common open space.

(a)

No less than 59% of the gross lot area of any development in the CR-1 Zone shall be set aside and remain in common open space and shall meet the following standards:

[1]

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

[4]

(b)

(c)

(d)

(8)

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

CR-2 Combination Residential District.

(1)

(2)

(3)

(4)

LIH as defined in this chapter shall meet the following requirements:

(a)

Building size. No LIH structure shall contain more than eight nor less than four dwelling units.

(b)

(c)

Building height. No building shall be erected or altered to exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.

(d)

Buffer areas. Those setbacks required in Subsection C(4)(b) above shall be attractively landscaped unless native vegetation is deemed appropriate by the Planning Board.

(e)

(f)

(g)

(h)

[1]

[2]

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(i)

Utilities.

[1]

Every dwelling unit within the development must be connected to a public potable water system as approved by the Township Board of Health.

[2]

Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the Township Engineer.

(j)

[2]

Editor's Note: Former Ch. X, Streets and Sidewalks, is reserved. See now Ch. 301, Streets, Sidewalks and Driveways.

(k)

(l)

All sales or rentals of LIH units shall be in accordance with the eligibility and other requirements and regulations contained in this chapter.

(m)

[1]

[2]

[3]

The applicant may obtain construction permits for 62.5% of the total conventional dwelling units, provided, however, no additional certificates of occupancy shall be issued above the 50% of the conventional units referred to in Subsection C(4)(m)[2] above until certificates of occupancy are issued for all of the LIH units.

[4]

Nothing contained herein shall preclude the applicant from constructing LIH units prior to the construction of conventional units as provided in the foregoing schedule.

[5]

At every stage of the development not less than 50% of the LIH units shall be made available exclusively to low-income households.

(n)

[1]

Subdivision and/or site plan application fees as applicable;

[2]

Construction permit fees, except state and third party fees not waived;

[3]

Fees for certificates of occupancy;

[4]

Any utility connection fees otherwise due to the Township of Mendham.

(5)

Common open space.

(a)

[1]

[2]

The area remaining in common open space shall be of a shape and at a location as approved by the Planning Board.

[3]

[4]

(b)

(c)

The Township of Mendham may, if the Township Committee deems it to be in the public interest, accept the dedication of the common open space area required to be set aside pursuant to § 500-4C(5)(a) for public use and maintenance, and in such case, the developer shall convey the title to the lands contained in such common open space area to the Township of Mendham in fee simple absolute by suitable deed of conveyance, provided, however, that the Planning Board shall not require as a condition of approval of any development in the CR-2 Zone that lands set aside for common open space be dedicated or made available to public use.

(d)

(6)

(a)

Environmental impact study consistent with the standards and requirements of Chapter 414, Environmental Impact Study.

(b)

All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under § 485-8D of Chapter 485, Subdivision and Site Plan Review.

(c)

Building floor plans and elevations for all structures intended for other than detached single dwelling unit residential use.

(d)

Area lighting data, provisions for trash, garbage and refuse disposal, landscaping plans and utility information.

(e)

Deed restrictions, covenants or other suitable instruments designed to implement plans and requirements in connection with open space ownership and provisions for the funding of the management and maintenance thereof as well as in connection with eligibility for purchase and rental of required LIH to be provided as part of the development.

Accessory uses.

(1)

The following accessory uses shall be permitted:

(a)

Private garage subject to § 500-4E.

(b)

Non-commercial greenhouses.

(c)

Professional practice as defined in Chapter 407, Definitions, Land Use, provided that the practice does not occupy more than 500 square feet of the floor area of the dwelling.

(d)

Home occupation as defined in Chapter 407, Definitions, Land Use, provided that it complies with the following standards:

[1]

The principal use of the premises shall be residential.

[2]

The person engaged in such home occupation shall be a resident on the premises.

[3]

There shall be no nonresident partners, employees or helpers working on the premises.

[4]

The business of the home occupation is carried on wholly within the completely enclosed residence building and does not occupy more than 500 square feet of the floor area of the dwelling.

[5]

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

[6]

No traffic or parking shall be generated by a home occupation in greater volume than would normally be experienced in a residential neighborhood.

[7]

No equipment or process shall be used in a home occupation which creates noise, glare, fumes, odors, electrical interference or other nuisance factors detectable from a neighboring property.

[8]

[9]

The yard setbacks for the accessory building used for storage for a home occupation shall be double the otherwise required yard setbacks.

(e)

(f)

(g)

Sale of farm or garden products only if such products are grown on the premises.

(h)

Barns, stables and sheds.

(i)

(2)

Supplementary regulations.

(1)

(2)

Signs.

(a)

Purposes of regulations. The purposes of these regulations are:

[1]

To maintain and preserve the Township of Mendham as a pleasing and attractive environment so as to improve the quality of life of all residents of the Township.

[2]

To aid in preserving and enhancing the aesthetic, environmental and historic character of the Township.

[3]

To protect, conserve and enhance property values.

[4]

To enable the identification of places of residence and business.

[5]

To allow for the communication of information necessary for the conduct of commerce.

[6]

To minimize the size and number of signs and sign messages necessary to identify a residential or business location and the nature of any such business.

[7]

(b)

Definitions.

SIGN

SIGN AREA

(c)

Permit required.

[1]

All signs hereafter erected or altered, except those exempted as identified below shall conform to the provisions of this chapter. Any signs not specifically permitted are hereby prohibited.

[2]

[3]

Consent. No sign permit will be issued without the written consent of the landowner or the person in control of the premises.

(d)

[1]

Any public notice or warning required by a valid and applicable federal, state or local law, regulation or chapter.

[2]

[3]

Holiday lights and decorations with no commercial message.

[4]

[5]

Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.

[6]

[7]

[8]

[9]

U.S. Postal signage and regulation mailboxes.

[10]

Decorative flags which include no commercial message.

[11]

Farm and residential property identification signs, street number designations, postal boxes and customary farm warning signs in each case not to exceed two square feet in area.

(e)

Temporary signs in all zones. No permits are required to be issued for temporary signs. The following temporary signs shall be permitted in all zones, and shall comply with the following regulations.

[1]

[2]

[3]

[4]

[5]

(f)

Prohibited signs.

[1]

[2]

[3]

No sign or any part of any sign shall be moving or give the illusion of movement.

[4]

No neon or similarly illuminated sign or decorative element shall be permitted. No sign shall have exposed high-intensity illumination or reflective material.

[5]

[6]

No sign shall be placed, located or displayed upon any sidewalk or area between the sidewalk and curb.

[7]

No sign shall be placed upon or above any roof.

[8]

[9]

No sign shall be illuminated by other than white, non-flashing, non-moving illumination. The direct source of light shall not be visible from any point along the boundary lines of the property.

(g)

Signs permitted for residential zones and uses.

[1]

Name plate signs not exceeding one square foot in area, or professional or announcement signs not exceeding two square feet in area. Said signs may be placed anywhere in the front yard.

(h)

(i)

(3)

[3]

Editor's Note: The Schedule of Requirements is included on the Zoning Map, which is included as an attachment to this chapter.

(4)

(5)

(a)

Market accessory apartments.

[1]

[2]

[3]

An MAA shall not be occupied except in accordance with a currently valid accessory apartment permit issued by the Zoning Officer.

[4]

[5]

[6]

[7]

[8]

(b)

Inclusionary accessory apartments.

[1]

[2]

[3]

[4]

Not more than two IAA units shall be permitted in any host structure, provided, however, that no IAA unit shall have a gross floor area of less than 350 square feet.

[5]

[6]

Any IAA shall be exempt from construction/occupancy permit, application, and other like Township fees.

[7]

(c)

All accessory apartments shall be subject to the following:

[1]

[2]

[3]

There shall be no sign, separate driveway access, separate exterior entrance or other visible evidence of an accessory apartment, which is observable from any abutting street.

[4]

[5]

(6)

(7)

Conditional uses.

(1)

(2)

The conditional uses authorized by this subsection and the respective requirements therefor are as follows:

(a)

Scientific breeding farm for dogs. Scientific breeding farms for dogs shall conform to the following regulations and standards:

[1]

No such operation shall be conducted for monetary profit, nor on any commercial basis.

[2]

No such operation shall be conducted on any parcel of land having less than 50 contiguous acres (lands separated by a public road shall not be considered contiguous).

[3]

The number of dogs over six months of age shall be strictly limited to three dogs per acre for the initial 50 acres and two dogs per acre for any contiguous acres in excess of the first 50 acres.

[4]

The density of persons per acre shall not exceed one dwelling unit, as an accessory use, for every 10 acres.

[5]

[6]

All structures, roads, parking lots and facilities shall be privately maintained.

[7]

Any incineration equipment shall conform to the New Jersey Incinerator Code in all respects.

[8]

[9]

All open air facilities or runs for dogs shall be enclosed by a chain link fence of at least six feet in height.

[10]

The total area coverage of all buildings and structures, including open air facilities or runs for dogs, shall not exceed 5% of the total site area.

[11]

Breeding facilities shall be screened by nondeciduous planting to a minimum height of four feet so as to visually screen such facilities from all public roads or improved residential areas.

[12]

All outdoor lighting fixtures shall be shielded so that the direct source of light is not visible from any public road or other property.

[13]

[14]

[15]

(b)

[1]

[2]

All yard, setback and height requirements for the zone in which the use is located shall be met.

[3]

All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.

[4]

[5]

Structures and impervious improvements shall not occupy more than 10% of the lot area.

[6]

No more than 15 persons, exclusive of the resident staff, shall be housed in a single community residence for developmentally disabled persons or in a single shelter for victims of domestic violence.

[7]

[8]

(c)

Equestrian farms. Equestrian farms shall be permitted only in an R-3 Zone, R-5 Zone or R-10 Zone and shall conform to the following regulations and standards:

[1]

No equestrian farm shall be operated on any parcel of land having less than 100 contiguous acres within the Township (lands separated by a public road shall not be considered contiguous).

[2]

[4]

Editor's Note: See Ch. 154, Equestrian Farm Exhibitions, Shows and Competitions.

[3]

[4]

Housing and living facilities, as an accessory use to an equestrian farm, shall be permitted in accordance with the following limitations and regulations:

[a]

[b]

[c]

[5]

[6]

[7]

[8]

The Planning Board may grant a variance from the minimum 200-foot setback requirement for the use of existing structures for equestrian farm operations providing the following conditions are met.

[a]

Written notice and publication of the variance request shall be given in accordance with the provisions of Section 7.1 of the Municipal Land Use Law, N.J.S.A. 40:55D-12;

[b]

[c]

[d]

The use and location of the structures for equestrian farm activities will not adversely affect the use and enjoyment of surrounding properties.

[9]

[10]

[11]

All outdoor lighting shall be installed in accordance with the following requirements:

[a]

All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

[b]

The maximum number of footcandles from any indirect light source visible from any property line shall be 0.5.

[c]

[d]

No light source shall exceed a maximum of three footcandles measured 25 feet from the source.

[e]

The maximum height of any free-standing light fixture shall be 16 feet.

[f]

The type and location of lights shall be approved as part of site plan approval.

[12]

Off-street parking areas shall be adequately screened from all adjacent properties.

(d)

[1]

Lot area. The minimum area of any lot upon which a permitted water storage facility is located shall be one acre.

[2]

[3]

Height limitations. No component of a permitted water storage facility shall exceed 35 feet in height.

[4]

Setbacks.

[a]

[b]

[5]

[6]

[7]

(e)

[1]

[a]

[i]

The organization is or will be a bona-fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and

[B]

[C]

[b]

Minimum lot size. The lot or site on which the proposed school is to be located shall have a minimum area of 20 acres and the lot or site shall have a minimum street frontage of 500 feet.

[c]

[d]

[e]

[f]

Height. The height of buildings or structures shall not exceed 35 feet.

[2]

Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract shall meet all of the following requirements:

[a]

[i]

The organization is or will be a bona-fide nonprofit religious group organized primarily for the benefit of its membership and is only involved in activities normally carried on by religious groups.

[ii]

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and United States.

[iii]

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[A]

The premises may be made available on a rental basis for meetings of religious groups, private social functions and the like.

[B]

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

[C]

[b]

Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of five acres and the lot or site shall have a minimum street frontage of 300 feet.

[c]

Maximum lot coverage. The coverage of the lot by all buildings and structures shall not exceed 20%.

[d]

[e]

[f]

Height. The height of buildings or structures other than church steeples shall not exceed 35 feet.

[g]

[3]

Municipal and Board of Education uses. Municipal uses other than parks and Mendham Township Board of Education uses, other than schools, shall meet all of the following requirements:

[a]

Maximum lot coverage. The lot coverage by all structures shall not exceed 20%.

[b]

Height. The height of buildings or structures shall not exceed 35 feet.

[c]

Off-street parking. Sufficient off-street parking spaces shall be provided to ensure that the use will not cause parking on any public street during the course of normal activities.

[d]

(f)

Telecommunications towers and antennas. Telecommunications towers and antennas are permitted as conditional uses in the Township of Mendham and shall conform to the requirements set forth herein.

[1]

Purpose. The purpose of this § 500-4F(2)(f) is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this subsection are:

[a]

To protect residential areas and land uses from potentially adverse impacts of towers and antennas;

[b]

To the extent that towers are proven necessary, to require their location on non-residential properties;

[c]

To minimize the total number of towers throughout the community;

[d]

To strongly encourage the joint use of new and existing tower sites rather than construction of additional single-use towers;

[e]

To encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

[f]

[g]

To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

[h]

To consider the public health and safety of communication towers;

[i]

To avoid potential damage to adjacent properties from tower failure through engineering techniques and careful siting of tower structures; and

[j]

To provide additional antenna sites for Mendham Township emergency services.

[k]

[2]

[3]

[4]

Aesthetics. Towers and antennas shall meet the following requirements:

[a]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.

[b]

[c]

[5]

[6]

[7]

[8]

[9]

[10]

Signs. No signs shall be allowed on an antenna or tower.

[11]

[12]

[13]

Other requirements.

[a]

[5]

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

[b]

Any antenna which is not attached to a tower may be attached to any existing structure located on the subject property provided:

[i]

The height of the antenna is not greater than 10 feet in excess of the maximum building height for the zone wherein the structure is located;

[ii]

The antenna complies with all applicable FCC and FAA regulations;

[iii]

The antenna complies with all applicable building codes; and

[iv]

The antenna complies with § 500-4F(2)(f)[4][c].

[14]

Installation of antennas on existing towers. Antennas may be installed on existing towers provided the antenna meets the following terms:

[a]

[i]

[ii]

Height.

[A]

An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this subsection.

[B]

[iii]

The tower must be designed and constructed so as to accommodate at least two antenna arrays of separate wireless telecommunications providers.

[15]

Requirements for all applications. In addition to site plan details specified in Chapter 485 of the Mendham Township Municipal Land Use Ordinance, all applications shall contain of the following:

[a]

[b]

Legal description of the entire tract and leased parcel (if applicable).

[c]

The setback distance between the proposed tower and the nearest residential unit and the residentially zoned properties as indicated on the municipal tax map.

[d]

[e]

A landscape plan showing specific landscape materials including species type, size, spacing and existing vegetation to be removed or retained.

[f]

Method of fencing, and finished color and, if applicable, the method of camouflage.

[g]

A description of compliance with § 500-4F(2)(f)[3], [4], [6] and [12], and all applicable federal, state or local laws.

[h]

A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

[i]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

[j]

[k]

[l]

A visual study, including photographic or topographic plans such as balloon or crane tests, depicting where within a one-mile radius any portion of the proposed tower could be seen.

[m]

[n]

[o]

[p]

Elevation drawings of the tower and accessory structures depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

[16]

[a]

Height of the proposed tower.

[b]

Proximity of the tower to residential structures and residential district boundaries.

[c]

Nature of uses on adjacent and nearby properties.

[d]

Surrounding topography and other terrain features.

[e]

Surrounding vegetation, tree coverage and foliage.

[f]

Design of the tower, with particular reference to design characteristics that have the effect of mitigating adverse visual impact.

[g]

Suitability of proposed ingress and egress.

[h]

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 500-4F(2)(f)[17].

[i]

Availability of proposed tower to other potential users.

[j]

Specifications and details for proposed alarm system.

[k]

Whether the proposed tower is particularly suited for the proposed site.

[17]

[18]

Setbacks. The following setback requirements shall apply to all towers:

[a]

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and also from any building on-site not related to the tower use.

[b]

Accessory buildings must satisfy the minimum zoning district setback requirements.

[c]

Distances from off-site buildings or uses as specified in Table 1.

[d]

Tower setbacks and separation distances shall be measured from the center point or line of the tower to the off-site building, facility or designated site as specified in Table 1.

Table 1
Off-Site Building, Facility or Designated Site	Separation Distance
Existing residential dwelling, public park facilities and buildings, public or private schools, municipal buildings, libraries or houses or worship, or any site designated on the federal, state or municipal historic register	500 feet or 300% of the height of tower whichever is greater
Non-residentially zoned lands or non-residential uses not specified in this Table 1	At least 100% of the height of the tower from any adjoining lot line and any building on-site not related to the tower

[e]

Table 2 Separation Distances Between Towers - Types
	Lattice	Monopole 100 Ft. or Greater in Height	Monopole Less Than 100 Ft. in Height
Lattice	5,000 ft.	1,500 ft.	750 ft.
Monopole 100 ft. or greater in height	1,500 ft.	1,500 ft.	750 ft.
Monopole less than 100 ft. in height	750 ft.	750 ft.	750 ft.

[19]

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anti-climbing measures.

[20]

Landscaping. The following requirements shall govern the landscaping surrounding towers:

[a]

[b]

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be modified.

[c]

[21]

[a]

For single user, up to 100 feet in height.

[b]

For two users, up to 120 feet in height.

[c]

For three or more users up to 150 feet in height.

[22]

[a]

[b]

[c]

Equipment storage buildings or equipment cabinets or structures shall comply with all applicable building codes.

[d]

[e]

[23]

[24]

Exceptions. All new towers or antennas in the Township of Mendham shall be subject to the regulations contained in this § 500-4F(2)(f), except that:

[a]

[b]

[c]

Parabolic satellite dish antennas. This § 500-4F(2)(f) shall not govern any parabolic satellite dish antennas.

[25]

General requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:

[a]

[b]

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey.

[c]

Payment of applicable fees and escrows as set forth in Chapter 444 of the Mendham Township Municipal Land Use Ordinance.

(g)

[1]

Such accessory buildings shall only be permitted in the R-3, R-5 and R-10 zones.

[2]

[3]

Minimum setbacks for such accessory buildings over 2,000 square feet of footprint shall be in accordance with § 500-4I, Supplementary setback regulations.

[4]

Such accessory building shall be subject to minor site plan approval in accordance with § 485-8C and the notice requirements of § 444-7.

(h)

[1]

[a]

[i]

Minimum building setback from property boundaries: 80 feet.

[ii]

Maximum building height: 35 feet.

[iii]

Total impervious coverage shall be no more than 218,000 square feet.

[iv]

Parking requirements shall be pursuant to the New Jersey Residential Site Improvement Standards (RSIS).

[2]

The lot area must be at least 18 acres in Mendham Township.

[3]

Minor alterations; reconstruction of accessory buildings.

[a]

[b]

Reconstruction of accessory buildings shall be subject to the following requirements:

[i]

Minimum setback from property boundaries: 80 feet.

[ii]

Maximum height: 35 feet.

[iii]

Minimum portion of each existing building footprint upon which reconstructed building to be located: 25%.

[iv]

Maximum increase of area of each existing footprint: 20%.

[4]

[5]

Any use providing medical care shall provide its own ambulance service for its patients.

[6]

Building Floor Area Devoted To:	Parking Spaces
Church services and other worship	1 for each three seats or one for each 72 inches of bench seating; however, there shall be no theoretical parking need generated if services are limited to weekends and/or evenings after 5:00 P.M.
Public assembly hall, theater	1 for each three seats or one for each 75 sq. ft. of assembly area; however, there shall be no theoretical parking need generated if such uses are limited to weekends and/or evenings after 5:00 P.M.
Non-profit office and governmental uses	1 for each 200 sq. ft.
Hospice, intermediate and long-term care facilities	1 per unit
Gymnasium use	1 for each 200 sq. ft.
Assisted living facility	0.5 per unit
On-site employee residences	1 per unit
Residential units	2 per unit
Day care facility	1 per every 600 sq. ft.
Elementary school	2 per classroom
Intermediate school	2 per classroom
High school	2 per classroom

Limited-income housing.

(1)

Conditions. LIH as required by and regulated in this chapter shall meet the following conditions:

(a)

(b)

(c)

[1]

In establishing affordability of a unit of a given number of bedrooms, such units must be affordable to household sizes as set forth below:

1 bedroom unit	2 person household
2 bedroom unit	3 person household
3 bedroom unit	5 person household

[2]

[3]

(d)

(e)

(f)

(g)

[1]

Any plan for controlling the resale of LIH units shall permit the owner of such units, upon resale, to sell that unit for:

[a]

The original sale price plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index between the date of initial purchase and the date of resale;

[b]

Reimbursement for documented monetary outlays made for reasonable property improvements; and

[c]

Reasonable costs incurred in selling the unit.

[2]

[3]

[4]

[5]

[6]

(h)

The purchase price for any unit shall be the agreed upon estimated highest price at which the unit could be sold to a qualified low- or moderate-income purchaser, as the case may be.

Closing of title on the purchase of any unit or units shall take place within 30 days after the issuance of a certificate of occupancy for the unit or units.

(2)

(3)

(1)

Lot geometry. Each lot shall comply with all bulk requirements set forth in the Schedule of Requirements set forth on the Zoning Map.[6] Each lot shall be of such geometry, size and shape so that:

(a)

A lot geometry circle (LGC) can be inscribed entirely within the lot lines, tangent to the street right-of-way line (whether a public or private street), and

(b)

[6]

Editor's Note: Said map is included as an attachment to this chapter.

(2)

[7]

Editor's Note: Said map is included as an attachment to this chapter.

(1)

Structures with heights over 20 feet:

(a)

In the R-3 zone the minimum setback of a structure with a height over 20 feet shall be increased by one foot for each one foot of the height of the structure in excess of 20 feet.

(b)

In the R-5 zone the minimum setback of a structure with a height over 20 feet shall be increased by two feet for each one foot of the height of the structure in excess of 20 feet.

(c)

In the R-10 zone the minimum setback of a structure with a height over 20 feet shall be increased by three feet for each one foot of the height of the structure in excess of 20 feet.

(2)