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

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

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

The review by the Planning Board of a conditional use shall include the required site plan review pursuant to Article 4 of this Chapter. The time period for action by the Planning Board on conditional uses pursuant to this Section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Building Inspector for the purposes of issuing a building permit

Whenever review or approval of the application by the Morris County Planning Board is required by N.J.S.A 40:27-6 6, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Morris County Planning Board or approval by the Morris County Planning Board by its failure to report thereon within the required time period. (Ord #2-77, 195.10)

Institutional uses are permitted as conditional uses in this Article in all zones except the 1-1 and 1-2 Industrial Zones, provided, that necessary public utility uses are permitted as conditional uses in these industrial zones. However, before a building permit is issued, the Planning Board shall ascertain that such proposed use is reasonably necessary for the convenience of the community and will not be detrimental to the health, safety or general welfare of the community or of the surrounding properties and further provided that a plot plan of the intended site shall be approved by the Planning Board prior to the issuance of the building or occupancy permit Any institutional use permitted by the Planning Board shall meet the following minimum requirements in addition to all other provisions of the Article.

a. The lot shall contain a minimum of four (4) acres measured within four hundred forty (440') feet of the front street property line

b. The side yards combined must equal forty (40%) percent of the lot width and no side yard shall be less than fifty (50') feet (Ord. #2-77, 19-5.1001)

Non-residential parking areas are permitted as a conditional use in residential zones as set forth in subsection 19-5 801 (Ord. #2-77, 19-5.1002)

Off-street parking facilities are permitted as a conditional principal use in any business zone provided the provisions of subsection 19-5.803 are complied with. (Ord #2-77, 195 1003)

A public garage or service station, while necessary, may be detrimental to the public safely and welfare if located without due consideration of conditions and surroundings. No permit for such use shall be issued for the B-1 zone or for any residential district In all other zone districts, a special permit authorizing such use must be obtained from the Planning Board as hereinafter provided.

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 32-01.

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

1. The required site plan shall show the location of the premises and of the building thereon, or to be erected or constructed thereon, the street entrances and exits or driveways, and the precise location of the tanks, pumps, lifts and other appurtenances

2. The width of the street or streets upon which the premises abut

3. The location, type or kind of structure and present use, if known, of all buildings within two hundred (200') feet of the boundary lines of the premises

4. Where the applicant is a person other than the owner of the premises, the written consent of such owner or owners authorizing the filing of the application

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

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

1. The lot or parcel of land so to be used has a street frontage of at least one hundred fifty (150') feet and an average depth of at least one hundred fifty (150') feet.

2. The walls of the building or structure are set back at least twenty-five (25') feet from adjoining nonresidential property line, sixty (60') feet from an adjoining residential property line, sixty (60') feet from the front street line and sixty (60') feet from the side street line in the case of corner lots.

3. The entrance and exit driveway or driveways are at least twenty-four (24') feet wide but not more than thirty (30') feet wide and ten (10') feet from the adjoining property line and at least forty (40') feet from the corner of intersecting public streets

4. Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least thirty-five (35') feet from any street line and at least twenty-five (25') feet from the side and rear lines of adjoining non-residential property and sixty (60') feet from adjoining residential property.

5. Floor drains shall not be connected to the sanitary sewer system and provision shall be made for oil disposal.

6. The nearest boundary line of the lot or parcel of land so to be used is at least one thousand five hundred (1,500') feet measured in a straight line from any boundary line of property which is used as, or upon which is erected.

(a) A public or private school or playground

(b) A church or other place of worship

(c) A hospital.

(d) A public library, public art museum, civic center or other public building.

(e) A theatre or other building or structure used or intended to be used for motion picture, theatrical or operatic productions, or for public entertainment

(f) A firehouse or fire station.

(g) An existing public garage or service station.

d. Purpose. The purpose of this Section is to set forth a complete comprehensive and orderly Procedure for obtaining from the Planning Board permits for the use of lands and premises as public garages and service stations, as a conditional use (Ord #2-77, 19-5 1004)

**Webmasters Note: The previous section has been repealed as per Ordinance No. 30-01.

Building permits and temporary certificates of occupancy for non-conforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery and the assembly of building materials may be authorized by the Planning Board after a public hearing. In addition, the Planning Board, after public hearing, may authorize a temporary certificate of occupancy for one (1) dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision development provided all of the following requirements are complied with:

a. The house to be used as such office is built upon a lot approved as part of the subdivision development that has been approved by the Planning Board.

b. No business other than that accessory to the management and sales of the land owned by one (1) applicant shall be permitted. The temporary permit shall expire after the last house in the subdivision development in which the building is located is sold.

c. The dwelling shall meet all other zoning restrictions of the zone in which it is located and all other provisions of this Article.

A temporary certificate of occupancy issued under this subsection shall be for no longer than a one (1) year period. Under unusual circumstances, such permit may be renewed for a maximum of twelve (12) additional months by the Planning Board after a public hearing. The issuance of any temporary permits shall be conditioned upon the signed agreement by the applicant to remove any temporary structure or use within ten (10) days of the expiration of the temporary permit. (Ord #2-77, 5 1006)

a. Definitions. For the purpose of this subsection, the following terms are defined as follows

HELIPAD shall mean the improved surface of defined dimensions upon which the helicopter lands and from which it takes off

HELISTOP shall mean an area of defined dimensions with appropriate improvements designed and used for the landing and takeoff of helicopters for the purpose of picking up or discharging passengers or cargo for a specific entity. It shall include the area used for storage of the aircraft, fuel service, maintenance or overhaul.

b. Notwithstanding any other provisions of this Chapter, a private helistop may be permitted as a conditional use in the 1-2 Zone, subject to a determination by the Planning Board that it is in compliance with this section.

c. Prior to approval, an application and site plan shall be submitted to the Planning Board pursuant to Article 4. They shall also contain such additional information as may be reasonably necessary for the Planning Board to make a determination that the conditions set forth in this section have been met Said application and site plan shall include the following

1. Approach and departure paths.

2. Obstructions together with distances to and heights of such obstructions.

3. A statement setting forth the type of helicopters to be used and the frequency and hours of operation proposed

4. Documentation that will demonstrate that all reasonable measures shall be taken to minimize the noise level of crafts using the facilities, but, in no event, shall such noise level exceed eighty (80) decibels at a point two hundred fifty (250') feet from the center of the helistop

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

e. The landing and takeoff area shall be at least one and one-half (1 1/2) times in both length and width, but not less than seventy-five by seventy-five (75' x 75') feet, the length of the helicopter which the helistop is intended to serve and shall be located at least seven hundred (700') feet from the nearest Residential Zone boundary, as well as seven hundred (700') feet from any other helipad

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

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

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

i Provision shall be made for a chainlink or other suitable type of fence not less than three (3') feet in height around the periphery of the landing and takeoff area to keep unauthorized persons out of this area and it shall be so identified with signs.

j. Provision shall be made for at least two (2) approach and departure paths separated by an area of at least ninety (90 ) degrees Such approach and departure paths shall be so located as to provide maximum safety for the aircraft using the facility, and to minimize the impact on surrounding development Under normal operations these paths shall be adhered to and only when the safety of the aircraft will be compromised shall there be any deviation from the approved approach and departure paths.

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

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

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

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

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

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

q. The size of helicopter shall be limited to six thousand (6,000) pounds gross, including passengers and gasoline.

r. The helipad shall be located a minimum of sixty (60') feet from any existing or Proposed building

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

t. Nothing contained herein shall be construed as allowing the landing and take off of transient craft except in the case of emergencies (Ord. #2-77, 19-5 1007; Ord $8-80, 1)

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

b. The AHLM procedure will permit the subdivision of Lot 3, Block 10001 into no more than fifty (50) residential building lots exclusive of one (1) or more lots that may be required exclusively for on-site drainage retention or detention

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

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

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

1. The minimum lot size for any parcel shall be twenty-five thousand (25,000) square feet, except that the median lot size for all parcels within the subdivision shall be thirty thousand (30,000) square feet.

2. The minimum lot width of any parcel with a lot size of thirty thousand (30,000) square feet or greater shall be one hundred thirty-five (135') feet measured along a line one hundred (100') feet from the front property line provided that on the turn-around portion of a cul-de-sac or the outside Curve of curved streets, each lot shall have frontage along the front street property line of not less than seventy (70') feet.

3. The minimum lot width of any parcel with a lot size of twenty-five thousand (25,000) to twenty-nine thousand nine hundred ninety-nine (29,999) square feet shall be one hundred twenty-five (125') feet measured along a line one hundred (100') feet from the front property line provided that on the turn-around portion of a cul-de-sac or the outside curve of curved streets, each lot shall have frontage along the front street property line of not less than seventy (70') feet

4. The maximum building height for all principal structures shall be as required in the R-1 Residence District.

5. The minimum front, side and rear yard requirements for any parcel with a minimum lot size of thirty thousand (30,000) square feet or greater shall be as established in the R-1 Residence District.

6. The minimum front, side and rear yard requirements for any parcel with a lot size of twenty-five thousand (25,000) to twenty-nine thousand nine hundred ninety nine (29,999) square feet shall be as follows

(a) Front Yard - forty (40') feet

(b) Side Yard - twenty-five (25') feet

(c) Rear Yard - fifty (50') feet

7. A minimum of two (2) off-street parking spaces shall be required for each dwelling unit

8. There shall be no minimum floor area requirement utilizing the AHLM procedure

f. The provisions of this subsection are interpreted to be the minimum requirements for the promotion of the health, safety, morals and general welfare Except to the extent herein provided, this subsection is not intended to interfere with, abrogate, repeal or annul other rules, regulations or ordinances; provided, however, that where this subsection imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of a building, or requires larger open spaces, the provisions of this subsection shall apply, (Ord. #16-87, 2)

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

1. The first priority location shall be collocation on existing wireless telecommunications towers (or existing water tanks) or other appropriate structures, such as high tension towers, provided that the new installation does not increase the height by more than ten (10%) percent; and

2. The second priority location shall be on lands or structures owned by any public entity including the state, county, municipality, board of education, utility authority or public utility; and

3. The third priority location shall be such locations as the applicant proves are essential to provide required service to the Denville area.

**Webmasters Note: The previous subsection, a., has been amended as per Ordinance No. 33- 01.

b. Collocation Policy

1. An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of Denville. This information shall identity the wireless network layout and coverage areas to demonstrate the need for such equipment within the Township.

2. An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas, Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or collocation sits, The Township reserves the right to engage a professional radio frequency engineer to review such documentation.

3. Applicants proposing to construct new wireless telecommunications towers shall document The locations of all existing telecommunications towers within Denville Township and surrounding areas with coverage in the Township and any changes proposed within the following twelve (12) month period Including plans for new locations and the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence correspondence with the owner of such tower verifying that satiable space is not available on the existing lower(s). Where an applicant to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Telecommunications Act of 1996, cannot be provided without the proposed tower,

4. Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen, The analysis shall address The following issues:

(a) How the proposed location of the wireless telecommunications tower relates to the objective of providing full wireless communication services within the Denville area at the time full service is provided by the applicant throughout The Denville area

(b) How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antenna within and near the Denville area.

(c) How the proposed location of the proposed wireless telecommunications tower relates to the anticipated need for additional antennas within and near the Denville area by the applicant and by other providers of wireless communications services within the Denville area.

(d) How the proposed location of the proposed wireless telecommunications tower relates to the objective of collocating the antenna of many difference providers of wireless communication services on the same wireless telecommunications tower; and

(e) How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Denville area.

5. The Planning Board or Zoning Board, as is appropriate, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis, The service provider shall bear the reasonable costs associated with such consultation.

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

Minimum setback of tower and equipment compound from any property line same as for principal buildings in the zone, provided that the minimum setback may be increased where necessary to address safety concerns.

Maximum tower height not higher than a demonstrated to be essential according to a radio frequency analysis and to encourage collocation, when visually appropriate.

Maximum equipment building height twelve (12) feet

d. Distance. Wireless telecommunications towers shad not be erected within one thousand five hundred feet (1,500') of any other existing or approved communication tower, any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.

e. Antenna Modifications, and Tower Certification

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

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

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

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

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

j. Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment buildings and compounds shall be screened in accordance with Section 19-5.726.

k. Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two (2) square teat in areas. No commercial advertising shad be permitted on any wireless telecommunication tower or equipment building.

l. Color. Wireless telecommunication towers shall be of a color appropriate to the towers locational contact and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunication towers and antenna shall also comply with the provisions of Section 19-7.526.

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

n. Dish Antenna. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet (6').

o Lighting. No lighting is permitted except a follows:

1. Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety a security purposes and

2. No lighting is permitted on a wireless telecommunication tower except lighting that specifically is required by the Federal Aviation Administration (FAA) and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

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

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

**Webmasters Note: The previous subsection has been added as per Ordinance No. 3-99.