A.
No lot or building or part thereof may be erected,
constructed, reconstructed, moved, converted or used after the adoption
of this chapter except in conformity with its provisions.
B.
The Zoning Ordinance for the Borough of Mendham shall
be viewed as a permissive ordinance. In no instance after the adoption
of this chapter shall any use be permitted in the Borough of Mendham
which is not listed as a permitted, accessory or conditional use as
specified herein. Any uses not permitted or specified shall be prohibited.
[Amended 5-16-1988 by Ord. No. 6-88]
It is the purpose of this section to limit nonconforming
uses, structures and lots and to restrict their expansion. However,
the lawful use of land, buildings or structures existing when this
chapter was first adopted may be continued on the lot or in the structure
although they may not conform to this chapter, and any such structure
may be restored or repaired in the event of partial destruction thereof;
provided, however, that none shall be enlarged, extended, relocated,
converted to another use or altered except in conformity with this
chapter and as permitted below. Land on which a nonconforming use
or structure is located and any nonconforming lot shall not be subdivided
or resubdivided so as to be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use shall be considered
abandoned if it is discontinued for such a period of time and under
such circumstances which, considered as a whole, would indicate an
intention to abandon the use.
B.
Conversion to permitted use. Any nonconforming building,
structure or use may be changed to conform to this chapter but shall
not be changed back to a nonconforming status.
C.
Maintenance. Maintenance may be performed on a nonconforming
use, structure or lot, provided that the maintenance work does not
change the use, expand the building or the functional use of the building,
increase the area of a lot or building used for a nonconforming purpose
or increase the nonconformity in any manner.
D.
Nonconforming lots and structures. Any existing structure
on a conforming or nonconforming lot which violates any zoning requirements,
as set forth in Schedule I, Schedule Limiting Height and Area of Improvements,
and Schedule II, Minimum Building Setbacks,[1] may have the following improvements made without the need
for the grant of a variance, provided that the total permitted building
coverage is not exceeded and the new accessory building and/or any
addition to an existing accessory building or principal building does
not violate any of the zoning requirements:
(1)
An addition to the principal building.
(2)
The construction of an accessory building.
(3)
An addition to an accessory building.
[1]
Editor's Note: Schedule I and II are included
at the end of this chapter.
E.
Restoration and repairs.
(1)
Any nonconforming building, structure or use which
has been condemned or damaged by any means shall be examined by an
architect, paid for by the applicant. If, in his or her certified
written opinion, which opinion shall include the cost estimates upon
which the opinion is based, the value of repairing the condition is
equal to or greater than 50% of the value of replacing the entire
structure, it shall be considered completely destroyed and may be
rebuilt to the original specifications only upon approval of a use
variance as provided by state statutes.
(2)
Where the value of repairing the condition is determined
to be less than 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure.
(3)
The percent damaged or condemned shall be the current
replacement cost of the portion damaged or condemned computed as a
percentage of the current replacement cost of the entire structure,
neither to include the cost of the foundation unless the foundation
is damaged or condemned.
(4)
If the Borough Engineer, upon receipt of the cost
estimate to repair the building or structure, questions the method
used to arrive at the estimate or questions the estimate itself, the
Borough shall have the authority to request additional information
from the architect preparing the estimate. In addition, where the
Borough Engineer disagrees with the cost estimate submitted, the Borough
shall have the right to retain its own architect to verify the cost
estimate or to prepare a new estimate before accepting or rejecting
the estimate submitted by the applicant.
F.
Sale. Any nonconforming use, structure or lot may
be sold and continue to function in the same nonconforming manner,
subject to the above limitations.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition of any part of any building
declared unsafe or unlawful by the Zoning Officer, the Chief of the
Fire Department or other duly authorized Borough officials.
[Added 6-6-1988 by Ord. No. 10-88; amended 5-21-2007 by Ord. No. 6-07]
In any residence zone or on any residential property in any zone, it shall be unlawful to keep or store tires, mattresses, furniture, appliances, plumbing fixtures, vehicle parts or other large items, except in a fully enclosed permanent structure, or to park vehicles on lawns or to park vehicles in the front yard of any dwelling except in a driveway. No disabled, unlicensed or otherwise nonoperating vehicle shall be parked within the front yard area of any residential lot. Notwithstanding the above, a permit may be obtained from the Zoning Officer, for a fee as set forth in Chapter 102, Fees, to maintain a temporary portable containerized property storage unit (PCPSU) on any residential property in the Borough for a period of time not to exceed 30 days or as expended, provided that for good cause shown, the Zoning Officer may permit an extension of not more than an additional 30 days. The PCPSU shall be well maintained, in good working order, rust free, and locked and secured when unattended. The PCPSU shall not be larger than nine feet high by eight feet wide by 19 feet long and shall be originally designed and created for residential storage use purposes. Converted truck trailers or similar industrial storage containers shall not be considered a PCPSU with regards to this Code and shall not be permitted in any zone. Stacking of the PCPSUs shall be prohibited.
[Amended 6-2-1997 by Ord. No. 7-97; 6-18-2007 by Ord. No. 9-07; 11-3-2008 by Ord. No. 18-08; 10-15-2012 by Ord. No. 8-12]
A.
Intent and construction. The intent of this section is to regulate
all signs within the Borough so that they do not intrude upon the
small-town, 19th Century atmosphere that has been created by the presence
of the many 18th and 19th Century buildings that have been so well
maintained throughout the years. The standards established herein
are designed to implement the goals and objectives as set forth in
the Mendham Borough Master Plan's Vision Statement and the Elements
addressing the Borough's Land Use Plan, Historic Preservation and
Community Facilities Plan in particular. To the extent permitted by
general law, the provisions of this section shall be construed to
serve that purpose.
B.
AWNING/CANOPY SIGN
BILLBOARD SIGN
CIVIC EVENT SIGN
CONTRACTOR SIGN
DIRECTIONAL SIGN
ELECTRONIC MESSAGE BOARD SIGN
FREESTANDING PERMANENT SIGN
INSTITUTIONAL SIGN
LIGHT-EMITTING DIODE/DISPLAY (LED) AND LIQUID CRYSTAL DISPLAY
(LCD)
NEON SIGN
NONCONFORMING SIGN
OFF-PREMISES OPEN HOUSE SIGN
POLITICAL SIGN
PORTABLE SIGN
REAL ESTATE SIGN, ON-SITE
ROOF SIGN
SIGN
SIGN AREA
WALL SIGN
WINDOW SIGN, PERMANENT
WINDOW SIGN, TEMPORARY, NONCOMMERCIAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any sign in the form of lettering or graphic display that
is incorporated into an awning or canopy.
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
A temporary sign in conformance with the requirements of
this chapter which is not a commercial sign, posted to advertise a
civic event sponsored by a public agency, school, house of worship,
civic-fraternal organization, or similar noncommercial organization
located within Mendham Borough. A civic event sign may consist of
a portable sign or a temporary window noncommercial sign in accordance
with the standards of this chapter.
A temporary sign identifying an architect, engineer, contractor,
subcontractor, material supplier, landscape architects, or similar
artisans, and the owners, financial supporters, sponsors, and similar
individuals or firms having a role or interest with respect to the
structure or project.
A sign which directs traffic, indicates parking, prohibits
trespassing, designates public conveniences or contains other directions
or prohibitions.
A sign with a fixed or changing display and/or message composed
of a series of lights that may be changed through electronic means
such as but not limited to light-emitting diodes (LED) or liquid crystal
display (LCD) technology.
A nonmovable permanent structure made up of one or more signs,
which structure is not affixed to a building but is standing apart
therefrom.
A sign which by symbol or name identifies an institutional
use such as schools, colleges, houses of worship and other institutions
of a similar public or semipublic nature, and may also provide the
announcement of services or activities to be held therein.
Electronic devices that channel light through tubes to produce
words and graphics, which may be static or changing, for the purpose
of conveying information and advertisement.
Any sign that uses neon, argon, or any similar gas to illuminate
transparent or translucent tubing or other materials, or any use of
neon, argon, or any similar gas lighting on or near the exterior of
a building or window.
A sign lawfully erected and maintained prior to the adopting
of this section that does not conform with the requirements of this
chapter.
A readily removable sign announcing the proposed sale or
rental of property other than the property upon which the sign is
located and providing directions to the subject property.
A temporary sign announcing or supporting candidates or issues
in connection with any national, state, county or local election.
A sign designated or intended to be moved easily that is
not permanently embedded in the ground or affixed to a building or
other structure, including any sign that rests upon the ground, a
frame, a building, or other structure. Portable signs shall be limited
to "A" frame signs (also referred to as sandwich boards) and wire
frame signs. Portable signs may include civic event signs in accordance
with the standards of this chapter.
A sign announcing the sale or rental of the property upon
which the sign is located.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure.
The name, identification, description, illustration or any
other visual display which is affixed to or painted on a building,
structure or land.
The area included within the outer dimensions of a sign or
signs, including borders and frames, but not including structural
frames or supports if they are not used for advertising purposes.
The sign area of a sign or signs with no clearly defined border is
the area within the perimeter of a rectangle, triangle or circle which
would enclose such a sign or signs.
A sign which is affixed to or painted on any exterior wall
of a building.
A sign which is attached to or painted on either the inside
or outside of an exterior window or which is placed or intended to
be viewed through an exterior window.
A sign providing notice of a current civic event as defined
in this chapter and in accordance with the standards herein.
C.
Signs in all residential zones. The following signs are permitted
in all residential zones:
(1)
Nameplate and identification signs. A sign indicating the name or
address of the occupant is permitted, provided that the sign shall
be no larger than two square feet. Identification of a permitted home
occupation may be included on the sign. Only one sign per dwelling
unit is permitted in addition to a mailbox identification sign.
(2)
Real estate, on-site contractors, civic event signs, and political
signs. Signs advertising the sale or rental of the premises upon which
they are located, contractors as defined in this chapter performing
work on the site containing the sign, civic events as defined in this
chapter and political signs may be permitted, provided that:
(a)
The size of any such sign shall not exceed six square feet.
(b)
The placement of any sign shall be ground-mounted only and shall
not exceed a height of four feet from grade.
(c)
The maximum number of such signs of any combination permitted
to be displayed at the same time shall not exceed two.
(d)
Real estate, on-site contractors and civic event signs shall
be removed when the premises are sold or rented or when work has been
completed on the premises or within two days following the conclusion
of the civic event.
(e)
The restrictions shall not apply to signage placed upon a property
by an agency of the State of New Jersey or a federal agency.
(f)
Civic event signs shall be limited to portable signs as defined
in this chapter and shall comply with the following requirements:
[1]
Maximum of 10 signs per event to be posted within the residential
zone districts with a limit of one sign per lot.
[2]
Total sign area shall not exceed six square feet.
[3]
Maximum height shall not exceed four feet above grade.
[4]
A Civic event sign shall not be erected sooner than two weeks
prior to the event and must be removed two days after the event. No
sign permitted hereunder shall remain standing for longer than three
weeks.
[5]
Civic event signs on Borough-owned property shall be limited
to Mountain Avenue Park and Westfield Park.
[6]
No civic event portable signs shall be permitted on any property
located in the Historic District Overlay Zone.
[7]
The cumulative maximum number of civic event portable signs
permitted at any time in the Main Street Corridor shall not exceed
two.
(3)
Developments with four or more homes for sale may be advertised with
one sign, of which the sign area shall not exceed 25 square feet.
Such signs shall be removed when 95% of the lots have been initially
sold. Said restrictions shall not apply to signage placed upon a property
by an agency of the State of New Jersey or a federal agency.
(4)
Institutional signs. Signs of schools, colleges, houses of worship
and other institutions of a similar public or semipublic nature may
be erected and maintained on the premises containing the principal
use associated with the signs, provided that:
(b)
One freestanding sign shall be permitted with a maximum sign
area of 25 square feet and a maximum height of six feet above grade.
(c)
One freestanding sign to serve as a bulletin board only to identify
and announce the activities of the institution with a maximum sign/display
area of 12 square feet and a maximum height of six feet above grade.
D.
Signs in all business zones. The following signs are permitted in
each of the Borough's business zone districts:
(2)
Wall and window signs which direct attention exclusively to a permitted
business conducted on the premises on which such sign is located or
to a product sold or service supplied by such business and deemed
to be an integral part of it. Said signs shall comply with the following:
(a)
The sign area of wall signs shall not exceed 5% of the area
of the building face fronting on the street, as measured by the width
times the height to the roofline or the ceiling of the second story,
whichever is less.
(b)
For the purpose of determining allowable sign area on any premises,
permanent window signs shall be treated as wall signs and shall be
included in the total sign allowance.
(c)
Signage in windows, excluding temporary, noncommercial window
signs as defined in this chapter, shall not exceed 30% of the window
surface area.
(3)
Portable signs other than civic event signs by permitted businesses
shall be allowed under the following terms and conditions:
(a)
The signs shall be made of permanent quality material and shall
contain professional lettering.
(b)
Each sign shall be not larger than two feet by three feet.
(c)
Maximum height shall not exceed four feet from grade.
(d)
Not more than one such sign shall be allowed per lot.
(e)
No sign shall be placed in any parking space, traffic aisle
or pedestrian walkway, between the street and sidewalk, or in a manner
to cause any pedestrian or vehicular traffic obstruction.
(f)
A portable sign shall be displayed only during the regular business
hours of the business and shall be removed from view at the close
of the business day.
(g)
A portable sign may contain advertisement for more than one
business on the same property, provided that said sign complies with
all other applicable requirements. No sign may direct attention to
a business conducted on a property other than that on which the sign
is located.
(h)
Each portable sign shall be subject to the issuance to the tenant or property owner of an annual permit by the Zoning Officer, which permit shall specify the terms and conditions of this subsection. The fee for the permit shall be as set forth in Chapter 102.
(i)
The terms and conditions of this subsection shall be enforced
by the Police Department or Zoning Officer of the Borough of Mendham.
(j)
Violators shall be subject to a written warning for the first
offense, a fine not to exceed $100 for the second offense and a maximum
fine not to exceed $250 for each subsequent offense. All illegal signs
may be confiscated by the police or Zoning Officer of the Borough
of Mendham. If the signs are not picked up or retrieved within 24
hours of such confiscation, they may be discarded.
(k)
All tenants or property owners must display a current sign permit,
as determined by the Zoning Officer, on the face of the sign.
(4)
Civic event signs. Civic event signs advertising annual activities
or temporary events sponsored by a public agency, school, house of
worship, civic-fraternal organization, or similar noncommercial organization
shall be subject to the following standards:
(a)
Portable signs.
[1]
Total sign area shall not exceed six square feet.
[2]
Maximum height shall not exceed four feet from grade.
[3]
A civic event sign shall not be erected sooner than two weeks
prior to the event and must be removed within two days after the event.
No sign permitted hereunder shall remain standing for longer than
three weeks.
[4]
Such signs shall not interfere with traffic visibility.
[5]
No activity or event may be advertised more than once at the
same lot in any calendar year. All signs permitted hereunder shall
require sign permits but shall be exempt from the permit fee.
[6]
No civic event portable signs shall be permitted on any property
located in the Historic District Overlay Zone.
[7]
The cumulative maximum number of civic event portable signs
permitted at any time in the Main Street Corridor shall not exceed
two.
(b)
Window sign, temporary, noncommercial.
[1]
Limit of one sign per business establishment.
[2]
Maximum sign area of each sign shall not exceed four square
feet.
[3]
A civic event sign shall not be erected sooner than two weeks
prior to the event and must be removed within two days after the event.
No sign permitted hereunder shall remain standing for longer than
three weeks.
E.
General regulations.
(1)
Signs requiring site plan approval shall be governed by the following:
(a)
A sign plan shall be submitted to the Planning Board or, where
applicable, the Zoning Board of Adjustment, for approval. To promote
a desirable visual environment, the sign plan shall be consistent
with the architecture and materials of the principal structure and
landscaping plan and shall be consistent with and not substantially
different from the existing neighborhood pattern.
(b)
Freestanding signs and window and wall signage shall comply
with the requirements as set forth in this chapter.
(2)
A sign permit is required and shall be obtained from the Borough
Zoning Officer and the Construction Code Official for the erection,
alteration or reconstruction of any sign except:
(4)
No moving or apparently moving signs shall be permitted.
(5)
No signs which use reflective material shall be permitted.
(6)
All permanent signs permitted by this section may be lighted, provided
that:
(a)
Such lighting shall be by white light only.
(b)
Lights for signs must be so shielded that the light produced
shall not shine on adjacent properties.
(c)
No sign shall have its light source from within the sign.
(d)
No exposed neon tubing or signs utilizing light-emitting diodes
(LED) or liquid crystal display (LCD) technology shall be permitted.
(7)
The outside dimensions of all structural frames or supports for a
freestanding sign shall not exceed the sign area height or width by
more than two feet.
(8)
No wall sign shall project more than eight inches beyond the building
wall to which it is affixed.
(9)
No sign shall be above the top or beyond the ends of the wall surface
upon which it is placed.
(10)
Signs, whether portable, permanent or temporary, other than
Borough, county, state signs or signs to alert the general public
to an emergency situation or pertaining to work in progress within
or proximate to the travelled way shall not be erected within the
right-of-way of any street or approved sight easement, nor shall any
sign be located so as to constitute a traffic hazard nor in a manner
to cause any pedestrian or vehicular traffic obstruction.
(11)
Directional signs having a sign area of less than four square
feet are exempt from sign allowance, area and location regulations,
provided that they do not constitute a hazard to the public. Directional
signs are to be included in the signing plan for those developments
requiring site plan approval.
(12)
All signs shall be kept in good repair. Structural elements,
casings, faces, lettering and lighting shall be maintained.
(13)
Whenever a sign shall become structurally unsafe or endanger
the safety of the building or the public, the Construction Official
shall order such sign to be made safe or removed. Such order shall
be complied with within 10 days of the receipt thereof by the owner
of the building or premises on which such unsafe sign is affixed or
erected. Where the Construction Code Official determines that an unsafe
sign presents an immediate danger to the public, he shall have the
authority to dispense with the order to repair or remove and proceed
to have the sign removed with the cost for such removal to be attached
as a lien against the property.
(14)
The owner of any location where business goods are no longer
sold or produced or where services are no longer provided shall have
90 days following notification by the Borough to remove any remaining
or derelict on-premises signs at the expense of the owner of such
property. Where due written notification has been given by the Borough
and compliance has not been made within the required ninety-day period,
the Borough may cause removal of such sign, with the cost for such
removal to be attached as a lien against the property.
(15)
Nothing in this section is intended to supersede any county,
state or federal regulation except that, to the extent permissible
under general law, any provision of this section which is more restrictive
than county, state or federal regulations shall prevail.
(16)
Signs shall not be affixed to any telephone or utility company
pole, stanchion or appurtenance within Mendham Borough.
(17)
Signs, including placards, flyers, ribbons, balloons and like
medium, shall not be affixed to any tree situate within the public
right-of-way within Mendham Borough without the express written consent
of the Borough Council.
(18)
All freestanding permanent signs, window signs and wall signs erected, altered or reconstructed within the Main Street Corridor or the Historic District Overlay Zone, excluding signs classified as a "window sign, temporary, noncommercial" as defined in § 215-8B and signs exempt from a sign permit requirement as set forth in Subsection E(2) of this section, shall be subject to review by the MSC Design Review Committee or the Historic Preservation Review Commission in accordance with the guidelines established in Article XIA of Chapter 195 or Article XV of Chapter 215 of the Borough Code, as applicable.
(19)
Off-premises open house signs will be permitted on private residential
property, subject to the property owner's consent, on the day of the
event. No more than one such sign shall be permitted on a lot. The
signs will be restricted to weekends and must be removed by 6:00 p.m.
on the day of the event. Placement of said sign within the public
right-of-way, including public sidewalks, is prohibited. No permit
or fee shall be required, however, any person wishing to place an
off-premises open house sign shall provide the Borough Administrator's
office with the name of the realtor, the property owner and location
for the proposed sign. The size of any such sign shall not exceed
six square feet and the placement of said sign shall be ground-mounted
only and shall not exceed a height of four feet from grade.
(20)
Banners may be permitted in accordance with Borough policy.
F.
Nonconforming signs. No nonconforming sign shall be altered or replaced
except in such a manner as to comply with the requirements of this
chapter, except that worn, fading, or accidentally damaged signs may
be restored to their original condition or replaced with identical
signage.
A.
No building or structure shall hereafter be erected
constructed, placed, altered or enlarged in any residence zone which
shall be like or substantially like any neighboring buildings, as
hereinafter defined, then in existence or for which a building permit
has been issued or which is included in the same building permit application,
in more than three of the following six respects:
(1)
Height of the main roof ridge or, in the case of a
building or structure with a flat roof, the highest point of the roof
beams above the elevation of the first floor.
(2)
The height of the main roof from the set of the rafters
to the ridge. All flat roofs shall be deemed identical in this dimension.
(3)
Length of the main roof ridge or, in the case of a
building or structure with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building
or structure, measured under the main roof ridge at right angles to
the length of main roof thereof.
(5)
Location of windows in the front elevation or in each
of both side elevations with respect to each other and with respect
to any door, chimney, porch or attached garage in the same elevation.
(6)
In the front elevation, both locations with respect
to each other of garage, if attached; porch, if any; and the remainder
of the building or structure; the height of any portion of the main
building or structure located outside the limits of the main roof,
measured from the elevation of the first floor to the roof ridge or,
in the case of a flat roof, the highest point of the roof beams; and
the width of said portion of the building or structure if it has a
gable in the front elevation; otherwise, the length of said roof ridge
or said flat roof in the front elevation.
B.
Buildings or structures, or any part thereof, shall
be deemed to be like each other in any dimension with respect to which
the difference between them is not more than two feet.
C.
Buildings or structures, or any part thereof, between
which the only difference in location of elements is end-to-end or
side-to-side reversal of elements shall be deemed to be like each
other in location of such elements.
D.
In relation to the premises with respect to which
a building or structure is sought to be erected, constructed, placed,
altered or enlarged, a building or structure shall be deemed to be
a neighboring building or structure if the lot upon which it or any
part of it has been or will be located is any one of the following
lots:
(1)
Any lot on the street upon which the building or structure
to be located on said premises would front which is the first or the
second lot next along said street in either direction from said premises,
without regard to intervening street lines.
(2)
Any lot any part of the street line frontage of which is across the street from said premises or from a lot referred to in Subsection D(1) of this section.
(3)
Any lot any part of the street line frontage of which
faces the end of and is within the width of said street, if there
are less than two lots between said premises and the end of said street.
(4)
Any lot on another street which adjoins said premises.
E.
Incongruous appearance. In order to promote the general
welfare and with a view of conserving the value of property and of
encouraging the most appropriate use of land throughout the Borough
of Mendham, no permit shall be issued for the construction or alteration
of a building, structure or addition thereto, other than a single-
or two-family residence, when such construction is so discordant or
incongruous with or dissimilar to existing buildings or structures
in the vicinity or with the character of the neighborhood as will
adversely affect the use and enjoyment of adjacent or nearby property
or the health and welfare of residents or will lower or destroy the
property values in the Borough.
F.
In order to maintain and enhance the character of
the Borough of Mendham as a 19th Century New Jersey village depicted
in the Mendham Historic District designation on the National Register
of Historic Places, no permit shall be issued for the construction
of a building in the Historic Business Zone when such construction
is discordant or incongruous with or dissimilar to existing buildings
and the 19th Century village character of the community.
[Added 5-16-1988 by Ord. No. 6-88]
A.
A garage or a group of garages is permitted in any
zone or any lot or an area large enough to accommodate these accessory
buildings in accordance with other provisions of this chapter, but
no public garage or filling station is permitted within any residence
zone.
B.
Garage or off-street parking facilities shall be provided
and maintained on each lot for at least a number of vehicles equal
to the number of family dwelling units on the lot, but in no case
shall more than eight garage spaces be permitted per family.
C.
Within any residence zone not more than one car space
or garage space provided on any lot shall be used for housing of commercial
motor vehicles, except that garage space for all farm equipment and
machinery shall be exempt.
D.
Only one vehicle not in use shall be kept on any lot
unless within a garage.
[Amended 5-16-1988 by Ord. No. 6-88]
Public garages and filling stations may be erected
only in the East Business Zone and only in accordance with the following
regulations:
A.
No gasoline, oil pump or offing or greasing mechanism
or other service appliance installed in connection with any filling
station or public garage shall be within 20 feet of any street line
or boundary line of a residence zone.
B.
No part of any entrance to or exit from a filling
station or public garage accommodating more than five motor vehicles
shall be connected with a public street at a point within 200 feet
of the main entrance or entrances of any building located on the same
side of the same street and within the same block upon which said
public garage or filling station is located which is used as a theater,
auditorium or other place of public assembly seating over 100 persons
or used as a church, hospital, college, school, nursing or convalescent
home or institution for children.
C.
No part of any building used as a public garage for
the accommodation of more than five motor vehicles or as a filling
station and no filling pump or other service appliance used in conjunction
with such use shall be erected within 50 feet of a boundary line of
any residence zone.
A.
The maximum number of dogs which may be kept in any
residence zone in the Borough shall be limited in accordance with
the actual size of the residence lot according to the schedule set
forth below:
|
Size of Lot
(acres)
|
Maximum Number of Dogs
| |
|---|---|---|
|
1/2 or less
|
2
| |
|
More than 1/2 but less than 3
|
3
| |
|
3 or more but less than 5
|
4
| |
|
5 or more
|
5
|
B.
Notwithstanding the foregoing, a puppy or puppies
born to a dog lawfully present upon a residence lot in accordance
with the foregoing schedule may be kept on the lot for a period not
to exceed seven months after the date of birth.
C.
To the extent permitted by general law, it is the
intent of this section not to recognize a valid nonconforming use
with respect to any dogs in excess of those permitted in the foregoing
schedule which may be being kept upon a residence lot on the date
this section becomes effective. As such excess dogs are sold, moved
off the lot, die or are otherwise disposed of, they shall not be replaced.
[Added 2-22-2000 by Ord. No. 2-00]
A.
Purpose. The purpose of this section is to assure
the continuation and expansion of commercial and home agricultural
pursuits by encouraging a positive agricultural business climate and
protecting the farmer against municipal regulations and private nuisance
suits, where recognized methods and techniques of agricultural production
are applied and are consistent with relevant federal and state law
and nonthreatening to the public health and safety; at the same time,
this section acknowledges the need to provide a proper balance among
the varied and sometimes conflicting interests of all lawful activities
in the State of New Jersey. The retention of agricultural activities
is desirable to all citizens in Morris County because it ensures numerous
social, environmental and economic benefits, including the preservation
of open space, atmospheric habitat, the preservation of land as a
nonreplenishable resource and as a source for agricultural products
for this and future generations and the protection and maintenance
of the aesthetic beauty of the countryside and rural character of
the community which includes farm architecture and scenic variety.
B.
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
AGRICULTURE
CONSERVATION PLAN
FARM
NUISANCE
Definitions. For the purposes of this § 215-12.1 only, the following terms shall be defined as follows:
The agricultural management practices recommended or endorsed
by the State Agriculture Development Committee, plus those practices
complying with a conservation plan.
The production, principally for the sale to others, of plants,
animals or their products worth $2,500 or more annually, including,
but not limited to, forage and sod crops; grain and feed crops; dairy
animals and dairy products; livestock, including dairy and beef cattle,
poultry, sheep, swine, horses, ponies, mules and goats; grapes, nuts
and berries; vegetables; nursery, floral, ornamental and greenhouse
products; and other commodities as described in the Standard Industrial
Classification for agriculture, forestry, fishing and trapping. Agriculture
shall not include intensive poultry or swine production or extensive
animal feedlot operations.
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service
and approved by the Morris County Soil Conservation District.
An area of land made up of a single or multiple joining or
nonjoining parcels which is organized as a management unit actively
devoted to the production of agricultural or horticultural products
worth $2,500 or more annually in accordance with N.J.S.A. 4:1C-1 et
seq., including, but not limited to, cropland, pasture, idle or fallow
land, woodland, wetlands, farm ponds, farm roads and other farm buildings
and other enclosures related to agricultural pursuits, which occupies
a minimum of the lesser of five acres or five times the minimum lot
size of the zone in which the property is located, exclusive of the
land upon which the farmhouse is located, and such additional land
as may actually be used in connection with the farmhouse as provided
in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3, 54:4-23.4,
54:4-23.5 and 54:4-23.11.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated and for which the injured or affected property owner may
recover damages.
C.
The right to engage in agriculture, as defined herein,
shall be permitted in any residential zone, and it shall be presumed
that such uses, activities and structures in connection therewith
shall not constitute a public or private nuisance, provided that such
agricultural uses are conducted in conformance with the acceptable
agricultural management practices defined herein.
D.
All uses and structures customarily incidental to
agriculture shall be permitted accessory uses in the zones set forth
hereinabove, including, but not limited to:
(1)
The storage, processing and sale of farm products
where produced.
(2)
The use of irrigation pumps and equipment.
(3)
The application of manure, chemical fertilizers,
insecticides, pesticides and herbicides.
(4)
On-site disposal of organic agricultural waste.
(5)
Installation of soil and water conservation
practices in accordance with a conservation plan approved by the Morris
County Soil Conservation District.
(6)
Transportation of slow-moving equipment over
roads within the municipality.
(7)
Utilization of tractors and other necessary
equipment.
(8)
The employment of farm laborers.
(9)
The creation of noise, dust, odors and fumes
inherently associated with such uses.
(10)
The conducting of farm practices at any and
all times when necessary.
(11)
Provisions for the wholesale and retail marketing
of the agricultural output of the farm, which include the building
of temporary and permanent structures and parking areas for said purpose
which all must conform with municipal land development standards.
(12)
The raising and keeping of livestock, provided
that proper sanitation standards, minimum acreage limits and boundary
sizes between fencing or enclosures and joining properties are established,
subject to the following:
[Amended 4-18-2005 by Ord. No. 5-05]
(a)
This provision shall apply only to the 5-, 3-,
1- and 1/2-Acre Residence Zones; and
(b)
A minimum lot area of three acres (130,680 square
feet) is required for the maintenance of any livestock; and
(c)
A minimum of one acre (43,560 square feet) of
lot area (excluding the homestead) is required for each animal unit
to be maintained on the property.
[Added 3-18-2002 by Ord. No. 02-02]
A.
Activities requiring a lot grading plan. Prior to
the issuance of any construction permit, zoning permit or driveway
permit involving 500 square feet or more of lot coverage or 5,000
square feet or more of soil disturbance and any land disturbance involving
500 square feet or more of lot coverage or 5,000 square feet or more
of soil disturbance where a construction permit, zoning permit or
driveway permit is not required, except for normal agricultural operations
in connection with a farming operation, an application for a lot grading
permit shall be submitted to the Borough Engineer.
B.
Submission of lot grading permit application. Each
application for a lot grading permit shall be by written application
on a form available from the Borough submitted to the Construction
Official and shall be accompanied by a plan which complies with the
following requirements:
(1)
A plan delineating the property's boundaries,
as well as the specific areas of the site on which the work is to
be performed and describing existing and proposed features of the
property and the area surrounding the site of the work, including
topographic features, existing vegetation, wooded areas and individual
trees in excess of 12 inches in diameter, soil types, watercourses,
natural and man-made features, the affected watersheds and other natural
features.
(2)
The plan of the site shall be at a suitable
scale of not less than one inch equals 50 feet and existing and proposed
contour intervals of no more than two feet prepared by a registered
professional.
(3)
A soil erosion and sediment control plan consistent with Chapter 179 of the Code of the Borough of Mendham.
(4)
A time schedule indicating the anticipated starting
and completion dates of the development sequence, the expected date
of completion of construction of each protective measure provided
for in the soil erosion and sediment control plan and the stormwater
management plan and the time of exposure of each area prior to completion
of such measures.
(5)
A zoning schedule showing zone standards and
proposed conditions.
C.
The following criteria shall be applicable to the
review of an application for a lot grading plan:
(1)
No soil shall be excavated, removed, deposited
or disturbed except as a result of and in accordance with a lot grading
plan approved under the terms of this chapter.
(2)
Provision shall be made for the proper disposition
of surface water runoff so that it will not create unstable conditions.
Appropriate storm drainage facilities shall be provided to protect
downstream properties.
(3)
Provision shall be made for any structure or
protective measures that proposed slopes may require for the protection
of the public safety, including, but not limited to, retaining walls,
guide rails, headwalls and fences.
(4)
Any proposed building, structure, grading or
attendant protective measures will not impede the flow of surface
water through any watercourse. Only a nominal increase in runoff rates
and velocities will be allowed due to construction.
(5)
Any proposed vehicular facilities, including
roads, drives or parking areas, shall be so designed that any land
disturbances shall not cause excessive erosion. Both the vertical
and horizontal alignment of vehicular facilities shall be so designed
that hazardous circulation conditions will not be created.
(6)
Any fill placed on the lot shall be properly
stabilized and, when found necessary depending upon existing slopes
and soil types, supported by retaining walls or other appropriate
structures as approved by the Borough Engineer.
(7)
There shall be no alteration of site elevations
in excess of one foot within five feet of an adjoining property.
(8)
Changes in grade shall not exceed a slope of
2 to 1 unless supported by retaining walls or maintenance-free vegetation
as may be appropriate.
D.
Fees. A fee as set forth in Chapter 102, Fees, shall be imposed for each permit. This fee shall cover the cost of a preliminary site visit, review of initial submission and one revision, two site inspections and submission of one inspection report to the Construction Official. If more than two inspections of a property are required for any reason, the applicant shall pay a fee for each additional inspection, which fee shall be based on the Borough Engineer's regular hourly rate. All fees for any additional inspections shall be paid prior to the issuance of a certificate of occupancy or the release of any performance guarantees that may have been posted with respect to the property.
E.
The requirement for a lot grading plan may be waived
by the Borough Engineer if, in his opinion, the proposed construction
or land disturbance will not present any risks or problems of soil
erosion, drainage or other environmental damage.
F.
Certification. Prior to the issuance of any certificate
of occupancy for any building, a New Jersey licensed professional
engineer must certify that the final as-built grading of the lot is
in compliance with the approved grading plan.
[Added 9-15-2003 by Ord. No. 19-03]
A.
Purpose. It is the intention of this section to regulate
the outdoor display of certain types of goods and merchandise that
will add color and interest to the streetscape in order to attract
customers to businesses in designated business areas in the Borough.
B.
Outdoor display of merchandise. In the East Business
Zone, the Historic Business Zone and the Limited Business Zone, the
outdoor display of merchandise, including samples or examples of merchandise
for sale, shall be prohibited except as permitted in this section:
(1)
Outdoor displays of merchandise shall be permitted
directly in front of a retail establishment on covered porch areas
whenever the retail establishment is open for business. For purposes
of this section, a "covered porch" shall be defined as a roofed open
area, which may be screened, attached to or part of a building and
which provides direct access to and from said building.
(2)
Outdoor displays of merchandise shall be permitted
during the third full week in April and the third full week in September,
commencing on a Saturday, in the following areas:
(a)
On areas directly in front of a retail establishment
and located not more than 2 1/2 feet perpendicularly from the
foundation of the building or from the foundation plantings.
(b)
In a planned neighborhood shopping center, on
the sidewalk area directly in front of the retail establishment which
owns the display, provided that the display is located against the
building wall and does not extend more than 2 1/2 feet from the
building line into the sidewalk.
(3)
Except as otherwise provided in this section,
nothing herein shall permit the display or storage of merchandise
on any stairways or sidewalks, whether public or private, or in the
area between any sidewalk and public roadway or in any area that would
impede or encumber normal pedestrian or vehicular traffic.
(4)
Outdoor displays of the following merchandise shall be permitted at all times and, except as provided in Subsection B(3) above, shall not be subject to this section:
(a)
Vehicles at automobile dealerships that have
received site plan approval.
(b)
Lumber and building materials displayed or stored
at a lumber yard which has received site plan approval.
(c)
Nursery stock or garden materials displayed
or stored at a garden center establishment that has received site
plan approval.
(5)
Nothing in this section shall prevent the outdoor
display of merchandise during sidewalk sales, as and when authorized
by resolution of the Borough Council, and which comply with the following
conditions and any additional conditions of any such resolution as
to hours and permitted days:
(a)
Sidewalk sales are limited to sidewalks directly
adjacent to the retail establishment; and/or
(b)
Display areas may not extend more than 2 1/2
feet perpendicularly from the foundation plantings, or foundation,
if there are no plantings, into the sidewalk, and shall leave at least
a three-foot wide continuous unobstructed sidewalk area for normal
pedestrian traffic.
(6)
Outdoor displays of merchandise, when permitted,
shall conform to the following requirements:
(a)
Be designed to add color and interest to the
streetscape and be maintained in a clean, litter-free and orderly
condition at all times;
(b)
Be merchandise for sale by the retail establishment
operated in the store or building but not be an extension of a merchant's
sales area, and no business may be conducted in the outdoor display
area;
(c)
Be displayed only during regular business hours
of the business;
(d)
Be removed at the close of the business day;
and
(e)
Except with respect to displays on front porches,
be limited to not more than five individual items at any one time.
(7)
No signs of any kind are permitted with the
outdoor display of goods and merchandise.
C.
Enforcement. The terms of this section shall be enforced
by the Police Department and the Zoning Officer of the Borough of
Mendham.
[Added 12-6-2004 by Ord. No. 22-04]
A.
Applicability. All development projects, regardless
of whether any site plan, subdivision, soil erosion and sediment control
plan, lot grading plan, or other development application, permit,
or approval is required, proposing a site disturbance greater than
2,500 square feet shall be required to prepare a steep slope map and
comply with the restrictions outlined below.
B.
Map requirements. A steep slope map shall be prepared
at a scale no smaller than one inch equals 50 feet. The map shall
show the existing topography with a two-foot contour interval. The
topography is to be determined from a field survey prepared by a licensed
surveyor, existing Borough topographic maps or other source acceptable
to the Borough Engineer. The steep slope map is to be prepared by
an appropriately licensed professional. The map shall graphically
represent, in a clear manner, the areas of slope less than 15%, from
15% to 24.99%, from 25% to 29.99%, and those areas at 30% or greater
slope. Only areas with an elevation change of 10 feet or more shall
be subject to these regulations. The area in square feet of each slope
category shall be tabulated on the map. The requirement for the preparation
of a steep slope map may be waived on a case-by-case basis by the
Borough Engineer if a review of the Borough topography clearly indicates
there will be no steep slope disturbance.
C.
Disturbance standards. The maximum slope disturbance
of each slope category shall be as follows:
|
Slope Category
|
Maximum Permitted Disturbance
(square feet)
| |
|---|---|---|
|
0 to 14.99%
|
Unlimited
| |
|
15% to 24.99%
|
1,250 or 20%, whichever is greater
| |
|
25% to 29.99%
|
750
| |
|
30% and greater
|
500
|
D.
Variances from the slope disturbance standards may
be granted by the Planning Board or Board of Adjustment in accordance
with its jurisdiction. Any variance application shall include a detailed
soil erosion and sediment control plan which shall indicate the special
protections required to ensure that the slope disturbance does not
create significant adverse impacts.
[Added 11-21-2005 by Ord. No. 34-05; amended 2-22-2021 by Ord. No.
01-2021]
A.
EXEMPT DEVELOPMENT
MAJOR DEVELOPMENT
(1)
(2)
MINOR DEVELOPMENT
Definitions. All terms in this section shall be defined in the NJDEP
Stormwater Rule (N.J.A.C. 7:8 et seq.). The following additional terms
are defined for this section only.
Any development that creates an increase of less than 1,000
square feet of impervious area and disturbs less than 2,500 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any individual "development," as well as multiple developments
that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of conditions in Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Any development that results in the creation of an increase
of 1,000 square feet or more of impervious area or one that disturbs
more than 2,500 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
B.
Design standards.
(1)
Exempt developments. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
(2)
Minor developments. Minor developments shall be designed to
include the following stormwater management measures:
(b)
Rate/volume control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
(3)
Major developments. All major developments shall have their
stormwater management designed in accordance with the Residential
Site Improvement Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater
Rule (N.J.A.C. 7:8). These standards shall apply to all projects,
residential and nonresidential as well as projects by the Borough,
Board of Education and other agencies subject to review by the Borough.
C.
Waivers and exceptions.
(1)
Standards for relief. Waivers from strict compliance with the
major development design standards shall only be granted upon showing
that meeting the standards would result in an exceptional hardship
on the applicant or that the benefits to the public good of the deviation
from the standards would outweigh any detriments of the deviation.
A hardship will not be considered to exist if reasonable reductions
in the scope of the project would eliminate the noncompliance.
(2)
Mitigation. If the reviewing agency for the project determines
that a waiver is appropriate, the applicant must execute a mitigation
plan. The scope of the mitigation plan shall be commensurate with
the size of the project and the magnitude of the relief required.
The mitigation project may be taken from the list of projects in the
municipal Stormwater Management Plan. All mitigation projects are
subject to the approval of the Borough Engineer.
(3)
Reviewing agency. All applications subject to the review of
the Land Use Board shall be reviewed by the Board concurrently with
subdivision or site plan review. Applications not subject to Land
Use Board review shall be reviewed by the Borough Engineer.
(4)
Appeals. The appeal of the determination of the Borough Engineer
shall be made in accordance with N.J.S.A. 40:55D-70a.
D.
Application and review fees. There shall be no additional fees for
stormwater review for applications to the Land Use Board. Minor development
applications to the Borough Engineer shall be accompanied by a review
fee in the amount of $250. Major development applications shall be
accompanied by a review fee in the amount of $1,000. If a project
is approved, an inspection escrow deposit shall be made in an amount
to be determined by the Borough Engineer.
E.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume this
responsibility, or of the developer's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(c)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project.
(d)
If the person responsible for maintenance identified under Subsection E(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection E(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence
repair or replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection E(2)(b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection E(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h)
The person responsible for maintenance identified under Subsection E(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection E(2)(f) and (g) above.
(j)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person.
(3)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
F.
Violations and penalties. Any person who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section shall be subject to one or more of the
following penalties: imprisonment for a term not exceeding 90 days;
a fine not exceeding $2,000; and a period of community service not
to exceed 90 days.
G.
Effective date. This section shall take effect March 2, 2021.
[Added 5-5-2008 by Ord. No. 4-08]
A.
Purposes. The purposes of this section are to:
(1)
Regulate, as a conditional use, the location,
placement, use and modification of wireless telecommunications facilities
as permitted and subject to the limitations of Section 704 of the
Telecommunications Act of 1996.
(2)
Advance the goals and objectives of the Borough
Master Plan.
(3)
Preserve and protect the general visual, historic
and natural environment within the Borough of Mendham and prevent
adverse visual impacts from wireless communications towers, antennas
and other facilities within areas zoned or used for residential purposes
along public streets, within historic sites and districts, within
public parks and along ridgelines, skylines, natural open spaces and
other ecological and natural features of the Borough.
(4)
Preserve and protect property values.
(5)
Minimize the total number and height of wireless
telecommunications towers within the Borough of Mendham.
(6)
Mitigate, to the greatest extent practicable,
by siting, screening and landscaping, the adverse visual impacts from
WT towers, antennas and other facilities.
(7)
Eliminate safety hazards associated with wireless
telecommunications towers and other facilities, including, but not
limited to, attractive nuisances and risks of falling ice and other
objects.
(8)
Require the removal of wireless telecommunications
service facilities when no longer in use.
B.
General conditional use requirements.
(1)
Locations where conditionally permitted. All
WT facilities shall be conditional uses to be located in the following
orders of priority and in these locations only:
(a)
Location of antennas and equipment on existing
buildings or structures in or on:
[1]
Existing WT facility sites and
power transmission towers in surrounding areas capable of providing
WT coverage in the Borough and existing WT facility sites within the
Borough: first priority.
[2]
Municipally-owned properties and
facilities not reserved or dedicated for open space or public recreational
purposes: second priority.
[3]
East Business District: third priority.
[4]
West Morris Regional High School
property and other public and private educational institutional sites
in the 3-Acre and 5-Acre Residence Zones: fourth priority.
(b)
Location of new WT towers in the following places:
[1]
Municipally-owned properties and
facilities not reserved or dedicated for open space or public recreational
purposes: first priority.
[2]
East Business District: second
priority.
[3]
West Morris Regional High School
property and other public and private educational institutional sites
in the 3-Acre and 5-Acre Residence Zones: third priority.
(2)
WT facilities permitted on lots with other principal
uses. WT facilities may be located either on lots containing no other
principal use or on lots that contain one or more separate principal
uses.
(3)
WT facilities are prohibited in all zones and locations other than those specified in § 215-12.6B(1) above and are specifically prohibited in the Historic Business and Historic Overlay Zones and in any residential zone or property other than as conditionally permitted above.
(4)
WT facilities expressly prohibited within residential zones and other related properties. WT facilities are expressly prohibited upon or within any lot used or zoned for residential purposes other than as permitted by § 215-12.6B(1) above. Residential zones shall include zones permitting single-family, two-family, or multifamily residences, assisted living residences, nursing homes and/or residential health care facilities. Nothing in this subsection shall be interpreted to imply permission to locate WT facilities in any other location not expressly permitted by § 215-12.6B(1) above.
(5)
Proof of necessity for WT facilities required.
No WT facilities shall be erected, installed, constructed, moved,
reconstructed or modified within the Borough of Mendham unless the
applicant proves that such facility or activity is necessary to avoid
prohibiting or having the effect of prohibiting the provision of WT
services.
(6)
Siting priorities for WT antennas. No WT antenna shall be erected, installed, constructed, moved, reconstructed or modified within the Borough of Mendham unless it complies with the siting priorities of this subsection. Before proposing a site within the Borough of Mendham for WT facilities, it shall be demonstrated to the approving authority that the general conditional use requirement of § 215-12.6B(1)(a) has been satisfied. Compliance with these site priorities shall not relieve the applicant from its obligation to comply with all other applicable ordinance requirements.
(a)
WT antennas shall be located upon an existing
WT facility building or structure unless the applicant demonstrates
that compliance with this site requirement would result in prohibiting
or having the effect of prohibiting the provisions of WT services.
(b)
If a WT antenna cannot be located in conformance with Subsection B(6)(a) above, the antenna shall be located only upon municipally owned facilities not reserved or dedicated for open space or public recreational purposes unless the applicant demonstrates that compliance with this site requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.
(c)
If a WT antenna cannot be located in conformance with Subsections B(6)(a) or (b) above, the antenna shall be located only upon an existing building or structure in the East Business District unless the applicant demonstrates that compliance with this site requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.
(d)
If a WT antenna cannot be located in conformance with Subsections B(6)(a), (b) or (c) above, then the antenna shall be located only upon an existing public or private educational institutional building or structure not containing a WT antenna unless the applicant demonstrates that compliance with this siting requirement would result in prohibiting or having the effect of prohibiting the provision of WT services.
(e)
If a WT antenna cannot be located on an existing
building or structure in conformance with any preceding site priority
above, only then shall the antenna be located upon a new tower as
conditionally permitted herein.
(7)
Minimum lot area. No WT building or structure
shall be installed or erected upon any lot having less than the minimum
required lot area for the zone in which the lot is located. In no
event shall WT facilities be set back less than 150 feet from the
street right-of-way line and not less than 250 feet from any residential
dwelling in any direction.
(8)
Setback requirements for WT facilities. In any
zone where conditionally permitted, WT facilities shall be located
in compliance with the applicable minimum setback requirements plus
one foot of additional setback for each foot of tower height. In no
event shall WT facilities be set back less than 150 feet from the
street right-of-way line and not less than 250 feet from any residential
dwelling in any direction.
(9)
Additional setback and location requirements
for WT towers. WT towers shall only be located within the rear yard
of developed lots or within the rear half of the building envelope
for undeveloped lots.
(10)
Housing of WT equipment. All WT equipment shall
be located within an enclosed building, equipment cabinet or other
structure as will be approved by the Borough Planning Board or Board
of Adjustment, as the case may be.
C.
Additional conditional use requirements for WT towers.
WT towers shall meet the following requirements:
(1)
No WT tower shall exceed the maximum permitted
height in the zone in which it is located unless the applicant establishes
that the additional height requested is necessary to avoid prohibiting
or having the effect of prohibiting the provision of WT services.
(2)
No WT tower shall exceed a height of 120 feet.
(3)
Unless technologically infeasible, WT towers
shall be designed to permit co-location of WT antennas for not less
than three WT service providers. Co-location of public emergency communications
services shall also be provided for where necessary.
(4)
No WT tower shall be constructed higher than is necessary for the WT provider to achieve its FCC-mandated coverage and to accommodate up to two additional identified co-locating WT service providers. All such construction shall be accomplished within the maximum height limit of 120 feet of Subsection C(2) above. Where co-locating carriers are not yet identified and where applicants' antennas are not at the overall maximum height of 120 feet, the WT tower shall be designed to permit its construction in phases and to permit the extension of tower height as additional WT service providers obtain approval by the Borough to co-locate on the tower.
(5)
WT towers shall be limited to monopole designs,
including flagpoles or designs camouflaged to resemble trees, bell
towers or cupolas where visually and architecturally appropriate.
Lattice and guyed towers of any kind are expressly prohibited.
(6)
No WT tower shall be lighted except for lights
required by regulations of the Federal Aviation Administration (FAA).
(7)
No sign, display or advertisement of any kind
shall be mounted, erected or placed on any WT tower unless the applicant
demonstrates that such sign display or advertisement is required by
law. Any such sign, display or advertisement shall be restricted to
the minimum size required by such law.
(8)
WT towers shall be constructed of standard dull-finished
galvanized steel unless the reviewing Board determines, in its discretion,
that due to certain site circumstances, alternate camouflaged methods
will minimize the visual impact of the tower.
D.
WT compounds: height of WT facilities other than antennas
and towers. All WT facilities shall be contained within a WT compound
meeting the following requirements:
(1)
WT compounds shall be enclosed within a locked
security fence at least six feet and not more than eight feet in height.
The security fence shall be wood- or vinyl-coated slatted chain link.
Razor ribbon and/or barbed wire fences are prohibited. The requirements
of this subsection shall not apply where WT facilities are mounted
on a building or structure containing a second principal use.
(2)
Landscaping shall be provided along the outside
perimeter of all fenced WT compounds to provide, at the time of planting
and thereafter, a solid visual barrier between the WT compound and
adjoining properties and public rights-of-way. Required front yard
setback areas shall also be appropriately landscaped for the same
purpose. All WT equipment compounds shall be screened by double-staggered
rows of evergreen trees eight feet in height or two feet or more in
excess of the height of the security fencing at the time of planting,
which shall be arranged to visually screen the compound and its required
security fence. Other combinations of screening materials which are
acceptable to and approved by the reviewing Board may also be used.
(3)
No WT facilities, except antennas and/or towers,
shall exceed 12 feet in height. The height of ground-mounted WT facilities
shall be measured from average surrounding grade within five feet
of the perimeter of the facility. The height of roof-mounted WT facilities
shall be measured from the top of the roof's surface. All roof-mounted
WT facilities shall be screened in a manner approved by the reviewing
Board.
(4)
No WT compound shall contain any permanent emergency
electric generators other than those fired by natural gas or propane.
All generator equipment shall comply with current state noise standards.
All test runs of the equipment shall occur on weekdays between 9:00
a.m. and 5:00 p.m.
(5)
Only low-wattage, shielded and downward-directed
lighting for facility maintenance, as will be approved by the approving
authority, shall be permitted within any WT compound.
E.
Screening and landscape. No WT facilities shall be
approved unless the applicant demonstrates that all reasonable efforts
have been employed to camouflage and minimize the visual impact of
the WT facilities in accordance with the following standards.
(1)
WT facilities shall be located and oriented
on the site in a manner that creates the least visual impact on residential
areas and public rights-of-way located within the area from which
the WT facilities may be seen (referred to herein as the "WT facilities
viewshed" or simply the "viewshed"). To satisfy this standard, the
applicant shall analyze all potential visual impacts within the viewshed.
Vegetation, topographic features and/or natural or man-made structures
shall be employed to obscure view of the WT facilities from these
areas to the maximum extent feasible.
(2)
Historic districts, historic sites, historically
significant viewscapes, streetscapes, and/or landscapes (referred
to herein collectively as "historic areas") shall be protected from
the visual impacts of WT facilities in accordance with the requirements
of the National Environmental Policy Act (NEPA). No WT facilities
shall be approved unless the applicant demonstrates that such facilities
will have no adverse visual impact upon historic areas.
F.
Access and parking requirements.
(1)
All WT facilities shall be served by an on-site
access driveway, a turnaround suitable for fire trucks and other emergency
vehicles and a parking area to accommodate at least one vehicle. The
access driveway, turnaround and parking area shall be paved unless
the reviewing Board determines that paving is not necessary to provide
adequate emergency and service access to the WT facilities. In meeting
the requirements of this subsection, existing driveways, turnaround
areas and parking areas shall be used to the maximum extent practicable
in order to avoid unnecessary impervious coverage.
(2)
Fire Department access: Fire Department access
shall be provided and maintained to all facilities and sites. Fire
Department access roadway shall be of an approved surface material
capable of providing emergency vehicle access and support at all times
and shall be a minimum of 18 feet in unobstructed width. The access
roadways shall provide a minimum turning radius capable of accommodating
the largest fire apparatus of the jurisdiction and a minimum vertical
clearance of 13 1/2 feet.
G.
Application requirements.
(1)
Applications for development of WT facilities
shall include all materials required for submission of a complete
application for preliminary and final site plan approval and all materials
required by the checklist for conditional use approval of wireless
communications facilities.[1]
[1]
Editor's Note: The Checklist Application for Wireless Telecommunications Facilities is included at the end of this chapter.
H.
Experts.
(1)
The reviewing Board shall retain a qualified
radio frequency engineer to review all application materials and expert
testimony submitted or presented by the applicant in connection with
each application for development of WT facilities. The costs of such
engineer shall be paid by the applicant from its escrow account.
(2)
The applicant shall present expert testimony
based upon appropriate studies from a qualified radio frequency engineer
demonstrating:
(a)
That the proposed WT facilities are necessary
to enable the applicant to provide personal wireless services in conformance
with its FCC license and that the site priority requirements of this
section have been fully met.
(b)
That all applicable state and federal health
and safety requirements are fully met.
I.
Proof of continuing facility operation and compliance
with radio frequency emissions limits and proof of continuing need.
Every operator of any WT facility within the Borough of Mendham shall
operate such facility at all times in compliance with FCC and NJDEP
radio frequency exposure limits. Each calendar year, the WT facility
owner shall submit to the Borough Engineer competent documentary proof
of such continuing operation and compliance with all applicable standards
and conditions of approval.
K.
Maintenance. All WT facilities sites and structures
shall be appropriately maintained in a safe, orderly and neat condition
at all times by the WT carriers.
L.
Removal of WT facilities. WT facilities that have
not been used for the provision of WT services for a period of six
consecutive months shall be removed at the sole cost and expense of
the owner of the facilities. Such removal shall include site and/or
building restoration to the conditions which existed prior to the
installation of WT facilities as determined by the Borough Engineer.
[Added 11-18-2013 by Ord. No. 11-13]
A.
Purpose. The purpose of this section is to promote the safe, effective
and efficient use of small wind energy systems and solar panels to
reduce the on-site consumption of utility-supplied electricity in
appropriate locations where adequate lot size standards will facilitate
reduction of off-site visual and audible impact, subject to standards
to ensure appropriate safety and aesthetic concerns.
B.
Applicability. Small wind energy systems shall be a permitted accessory
use in the 5-Acre Residence Zone District, and solar panel systems
shall be a permitted accessory use in all zone districts within the
Borough in accordance with the standards set forth in this section.
A commercial farm satisfying the eligibility criteria pursuant to
the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., or
farmland preserved pursuant to N.J.S.A. 4:1C-11 et seq., shall be
governed by the provisions set forth in N.J.A.C. 2:76-2A.12 for commercial
farms and in N.J.A.C. 2:76-24.3 for preserved farms.
C.
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
SYSTEM HEIGHT
TOWER HEIGHT
VAWT SYSTEMS
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions for small wind energy systems. As used in this section,
the following terms shall have the meanings indicated:
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics,
which has a rated capacity consistent with applicable provisions of
the State Uniform Construction Code promulgated pursuant to the State
Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.) and technical bulletins issued in accordance with the requirements
of P.L. 2009, c. 244.[1]
The height above grade of the tower plus the wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
The vertical axis wind turbine which utilizes vertical panels
as opposed to horizontal propellers.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries, or other component necessary to fully utilize
the wind generator. For the purposes of this section, "wind energy
system" refers only to those systems that are outdoors.
The blades and associated mechanical and electrical conversion
components mounted on top of the tower.
[1]
Editor's Note: See N.J.S.A. 40:55D-66.12 et seq.
D.
Permit(s) required. No small wind energy system shall be installed
without first having obtained the requisite permits from the Construction
Code Official.
E.
Standards. A small wind energy system shall be permitted, subject
to the following:
(1)
Small wind energy systems shall be permitted as an accessory
use only on a conforming lot and only within the 5-Acre Residence
Zone District.
(2)
Small wind energy systems shall not be located within the prescribed
front yard setback of the district.
(3)
Towers shall be set back a distance equal to 1 1/2 times
the total system height from all property lines, public roads, power
lines, and existing and proposed structures. The distance shall be
measured from the center of the tower.
(4)
Total system height shall not exceed a total height of 100 feet.
(5)
Small wind energy systems shall be placed in such a manner as
to minimize off-site visual impacts.
(6)
Access restrictions shall be designed as follows:
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder or other publicly accessible means of climbing
the tower for a minimum height of 15 feet above the ground.
(7)
A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(8)
A small wind energy system shall remain painted or finished
in the color or finish of grey or white that was originally applied
by the manufacturer.
(9)
There shall be no signs on a small wind generator system or
any associated building except for the manufacturer or installer identification
and appropriate warning signs.
(10)
Small wind energy systems that connect to the electric utility
grid shall comply with the New Jersey Net Metering and Interconnection
Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(11)
No more than one small wind energy system shall be permitted
on a lot.
(12)
Except for limited overages during short term events such as
power outages or severe wind storms, the level of noise produced by
wind turbine operation shall not exceed 55 decibels (dBa) as measured
at the property boundaries of the parcel on which the small wind energy
system is located. The applicant shall provide a postconstruction
certification on noise levels prepared by a qualified professional.
(13)
No small wind energy system shall be roof-mounted.
(14)
All wind energy systems shall be mounted on a monopole and shall
not utilize a truss frame construction or require wired guyed systems.
(15)
All wind energy systems shall provide a manual braking system
and an over-speed control to prevent over spin during periods of excessively
high winds.
(16)
There shall be a minimum ground clearance of at least 30 feet
between the finished grade and bottom of any rotor of a wind energy
system mounted on a tower, except a VAWT system may have a vertical
panel to ground clearance of 20 or more feet.
(17)
Any batteries used in conjunction with wind energy systems shall
be recycled or properly disposed of in accordance with hazardous waste
management regulations.
(18)
All power lines from the small wind energy system to on-site
interconnection equipment and/or to the user facility shall be located
underground and installed by a certified professional and must meet
all applicable national, state, and local electrical codes.
F.
Zoning permit requirements for small wind energy systems. An application
for a zoning permit for a small wind energy system shall provide the
following information on a signed and sealed plot plan or survey:
(1)
Location, dimension and use of all existing structures on site.
(2)
Location and proposed ground elevation of the proposed small
energy wind system.
(3)
Location of all aboveground utilities on the proposed parcel.
(4)
Location of all public and private roadways.
(5)
Design data indicating the basis of design, including manufacturer's
specifications and operation requirements.
(6)
Verification shall be provided by a design professional that
the proposed location on the subject parcel and proposed tower elevation
has sufficient wind speeds for operation of the wind energy system.
Upon completion, a certification from a New Jersey licensed professional
engineer will be required stating that the structure was constructed
as per the certified drawings.
(7)
Surrounding land uses adjacent to the parcel.
G.
Abandonment. A small wind energy system that is out-of-service for
a continuous twelve-month period shall be deemed abandoned. The Borough
Zoning Officer may issue a notice of abandonment to the owner of an
abandoned small wind energy system. The owner shall have the right
to respond to the notice of abandonment within 30 days from the receipt
date. The Borough Zoning Officer shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn if the owner
provides the Borough Zoning Officer with information satisfactorily
demonstrating the small wind energy system has not been abandoned.
If the small wind energy system is determined to be abandoned, the
owner of the small wind energy system shall remove the wind generator
and the tower at the owner's sole expense within three months of receipt
of notice of abandonment, or, if contested, within 60 days of the
Zoning Officer's determination. If the owner fails to remove the wind
generator and the tower, the Borough may pursue a legal action to
have the said structures removed at the owner's expense.
H.
Compliance with Building Code. Building permit applications shall
be accompanied by standard drawings of structural components of the
small wind energy system, including support structures, tower base
and footings. Drawings and necessary calculations shall be certified
in writing by a licensed professional engineer that the system complies
with the Building Code.
[Added 5-24-2021 by Ord.
No. 10-2021]
A.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. For the purposes of this section, the following definitions
shall apply:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16,[1] for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
Cannabis marketplace regulations - prohibited use.
(1)
Purpose. The purpose of this section is to prohibit the operation
of all cannabis establishments, cannabis distributors or cannabis
delivery services within the Borough of Mendham.
(2)
Applicability. All cannabis establishments, cannabis distributors
or cannabis delivery services are hereby prohibited from operating
anywhere in Mendham Borough, except for the delivery of cannabis items
and related supplies directly to a consumer for personal use by a
New Jersey licensed cannabis delivery service having its license premises
based at a location outside the geographic boundaries of the Borough,
and which the delivery of such cannabis items and related supplies
is initiated from such licensed location.
