[HISTORY: Adopted by the Township Committee of the Township
of Mendham by Ord. No. 14-1980 (Sec. 4-3 of the 1998 Revised General Ordinances). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meaning indicated:
The operation and activities which may be permitted as a
conditional use in the R-3, R-5 and R-10 Zones in accordance with
the provisions of Section 21-6.4(c) of Chapter XXI, Zoning.[1]
No person shall hold, conduct or allow a horse exhibition, horse
show or horse riding competition on an equestrian farm within the
Township unless a special permit for such an event has been issued
by the Township in accordance with the provisions of this section.
Special permits for horse exhibitions, horse shows and horse riding
competitions shall be issued only to the owners or operators of equestrian
farms.
A.
An owner or operator of an equestrian farm desiring to hold or conduct
a horse exhibition, horse show or horse riding competition thereon
shall submit a written application to the Township for a special permit.
The application shall be in a form to be furnished by the Township
Clerk and shall require the following information with respect to
the proposed event over the signature of the applicant:
(1)
The name, address and telephone number of the applicant, owner or
operator of the equestrian farm.
(2)
The Tax Map block and lot designation and street address of the equestrian
form upon which the event is proposed to be held or conducted.
(3)
The nature of the event.
(4)
The dates of commencement and termination of the event.
(5)
The proposed hours of daily operation.
(6)
The number of vehicles proposed to be parked on the equestrian farm
during the event.
(7)
The provisions to be made for the parking of vehicles on the equestrian
farm during the event.
(8)
The provisions to be made for traffic circulation on the equestrian
farm during the event.
(9)
Traffic projections to and from the equestrian farm for the event.
(10)
Any method or methods to be used to control the number of persons
who will attend the event.
(11)
The provisions to be made for traffic control on and off the
equestrian farm during the event.
(12)
The provisions to be made for sanitary disposal during the event.
(13)
The provisions to be made for fire protection and first aid.
B.
In the preparation of an application for a special permit, the applicant shall take into consideration the provisions of § 154-5.
C.
An application for a special permit shall be filed with the Township
Clerk at least 45 days prior to the date of the proposed event for
which the special permit is requested.
A.
Upon the filing of a complete application for a special permit under
this chapter, the Township Clerk shall schedule a public hearing to
be held on the application by the Township Committee within 30 days
after such filing. The Township Clerk shall publish a notice of such
hearing in the official newspaper of the Township at least 10 days
prior to the date fixed for the hearing. Such notice shall set forth
the name of the applicant, the Tax Map block and lot designation and
street address of the equestrian farm upon which the event is proposed
to be held or conducted, the nature of the proposed event and the
proposed dates of commencement and termination.
B.
At the hearing, the applicant and members of the public shall be
given an opportunity to be heard.
C.
Any written report or recommendation of any Township board of official
with respect to the application for a special permit shall be read
at the outset of the public hearing.
A.
The following requirements for the conduct of a horse exhibition,
horse show or horse riding competition shall be complied with by the
owner or operator of an equestrian farm to whom a special permit is
issued pursuant to this chapter:
(1)
No event shall be held or conducted for more than three consecutive
days. The total number of days for events at an equestrian farm is
18 days per year.
(2)
No horse exhibition, horse show or horse riding competition shall
commence prior to 9:00 a.m. prevailing time on any day, and all such
activities shall be concluded by 7:00 p.m. prevailing time every day.
(3)
No overnight parking of occupied recreational vehicles shall be permitted.
(4)
All proposed temporary parking areas shall be indicated on a plan
filed with the application for a special permit, and all such areas
shall be adequately screened from adjacent properties.
(5)
No sound or public address systems used in connection with any horse
exhibition, horse show or horse riding competition shall exceed the
standards for maximum continuous airborne sound set forth in Title
7, Chapter 29, of the New Jersey Administrative Code for recreation
and entertainment facilities.
(6)
All food-handling facilities shall be approved by the Township Board
of Health.
(7)
Adequate provision shall be made for the deposit of trash in suitable
receptacles during the event, and all trash shall be collected daily
and removed from the site not later than the day following the conclusion
of the event.
(8)
Any tent used during an event shall be removed within three days
following the conclusion of the event.
A.
The Township Committee shall by resolution grant or deny an application
for a special permit within 10 days after the public hearing on the
application.
B.
A special permit for a horse exhibition, horse show or horse riding
competition at an equestrian farm shall be authorized if the Township
Committee finds that the applicant has made adequate preparation for
the appropriate handling of all matters affecting health and safety
and has made reasonable provisions for compliance with all applicable
laws, ordinances, rules and regulations, including the provisions
of this chapter.
C.
Past performance of an applicant in holding or conducting a horse
exhibition, horse show or horse riding competitions may be considered
by the Township Committee in acting upon an application for a special
permit.
D.
If the Township Committee shall determine that the circumstances
require the impositions of particular terms and conditions for an
event, such terms and conditions shall be set forth in the resolution
authorizing the special permit and shall become a part thereof.
E.
In the event that the Township Committee shall deny an application
for a special permit, the Township Committee shall set forth the reasons
for denial.
Prior to the issuance of a special permit pursuant to this chapter, the applicant shall pay to the Township a fee calculated at a rate per day for the first day of the event and per day for each succeeding day of the event for which the permit is to be issued as provided in Chapter 160, Fees. This fee is to cover the cost of processing an application for a special permit and making necessary inspections.
The issuance of a special permit pursuant to this chapter for
a horse exhibition, horse show or horse riding competition at an equestrian
farm shall not obligate the Township to provide any special municipal
services during the event. The owner or operator of an equestrian
farm to whom a special permit is issued shall be solely responsible
for providing sufficient competent supervisory and other personnel
so that the event is conducted in a manner that fully complies with
the terms and conditions of the special permit and all applicable
laws, ordinances, rules and regulations and in a manner that protects
the health and safety of persons who shall attend or participate in
the event. Every owner or operator of an equestrian farm who accepts
a special permit for a horse exhibition, horse show or horse riding
competition agrees to hold and save harmless the Township, its officials,
agents and employees from any and all liability whatsoever in connection
with the conduct of such event.
