This chapter is adopted pursuant to the Municipal Land Use Law, R.S. 40:55D-1 and following, for the purposes among others of regulating the appropriate use of land in a manner which will promote the public health, safety, morals and general welfare; securing safety from fire, flood and other natural and man-made disasters; providing adequate light, air and open space; establishing appropriate population densities; promoting the preservation of the environment; promoting a desirable visual environment; promoting the conservation of open space and valuable natural resources; and preventing urban sprawl and degradation of the environment resulting from the improper use of land.

For purposes of this ordinance the Township of Mendham is divided into 11 zone districts known as

R One Family Residence District

R-1 One Family Residence District

R-2 One Family Residence District

R-3 One Family Residence District

R-5 One Family Residence District

R-10 One Family Residence District

R-C Residential Cluster District

**Webmasters Note: The previous district has been amended as per Ordinance No. 12-2007.

CR-1 Combination Residential District

CR-2 Combination Residential District

G Golf District

B Neighborhood Business District

The map entitled "Township of Mendham, Morris County, New Jersey, Zoning Map, March 27, 2001 including the Schedule of Requirements appearing thereon, is hereby declared to be a part of this chapter.

a. Where a boundary line is shown as approximately following the center line of a street or highway, a street line or highway right-of-way line, such center line, street line or right-of-way line shall be construed to be such boundary. The boundary line will be changed automatically whenever the centerline, street line or highway right-of-way line is changed, if the change does not exceed 20 feet.

b. Where a boundary line is shown as following a lot line, the lot line shall be construed to be the boundary.

c. Where a boundary line follows a stream, the boundary shall be deemed to be the centerline of the stream.

d. Where a boundary line is shown as approximately parallel to a street, highway or stream, the boundary shall be construed as being parallel thereto and at such distance from the center line as indicated on the zoning map.

e. In cases of doubt, the boundary line will be determined by the board of adjustment.

No land shall be used or occupied and no building or part thereof shall be used, occupied, erected, moved or altered unless in conformity with the regulations hereinafter specified for the district in which it is located and in conformity with the Schedule of Requirements which accompanies this chapter and which is hereby made a part of this chapter.

There shall be provided for every lot a front, a rear and side yards as required in the zone district in which the lot is located. All front yards must face upon a dedicated public street or a private street meeting the requirements of this chapter and shall be of the size required for the particular district in which the lot is located. On existing streets less than 50 feet in width, the required front yard shall be increased by one-half the difference between the width of the street and 50 feet.

No building shall be erected or altered to accommodate or house a greater number of families or have narrower or smaller front yards, rear yards or side yards than is specified for the district in which the building is located.

No open space which has been counted or included as a part of a front yard, side yard, rear yard or other open space as required by this chapter for one building shall by reason of change of ownership or for any other reason be counted or included in order to comply with the yard or other open space requirement for any other building.

No lot shall be so reduced in area that it does not meet the area requirements, or that any required open space will be smaller, than prescribed in the regulations for the district in which the lot is located.

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

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

b. Horticulture or agriculture as a livelihood, subject to Subsection 21-4.5 and provided that commodities offered for sale upon the premises are grown on the premises.

c. Parks and playgrounds not associated with any building.

d. Accessory uses and buildings as regulated by Subsection 21-4.4 (Accessory Uses) and 21-4.5 (Supplementary Regulations) of this Chapter provided that no accessory building shall exceed 2,000 square feet of footprint by itself or when the footprints of all accessory buildings aggregated together exceed 2,000 square feet unless approved in accordance with paragraph 21-4.6(g) (Conditional Uses).

e. Conditional uses as regulated by Subsection 21-4.6 of this Chapter.

f. Agricultural uses, meaning the right to engage in agriculture as defined herein, shall be permitted in every residential zone, and it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with Acceptable Agricultural Management Practices as defined herein.

1. All uses and structures customarily incidental to agricultural shall be permitted accessory uses in all residential zones, including, but not limited to:

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

b. The use of irrigation pumps and equipment

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

d. On site disposal of organic agricultural waste

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

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

g. Utilization of tractors and other necessary equipment;

h. The employment of farm laborers;

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

j. The conduction of farm practices at any and all times when necessary;

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

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

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

a. Permitted Uses.

1. The CR-1 Zone is designed for and permits conventional detached single dwelling unit residential development, in combination with limited income housing (LIH), as well as conditional uses as regulated by subsection 21-4.6 of this chapter, and accessory uses as regulated by subsection 21-4.4 of this chapter.

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

One (1) single family detached dwelling shall be permitted for each 250 acres of dedicated common open space, or part thereof, to be situated within the common open space at locations to be approved by the Planning Board. Such housing facilities shall be for the use and occupancy of caretakers (and their families) employed for the purpose of providing security and maintenance for the said common open space area.

b. Intensity of Development. The maximum gross density of any tract inclusive of conventional housing development and LIH shall not exceed .214 dwelling units per acre, provided, however, that any development in the CR-1 Zone shall provide for LIH at the rate of .026 dwelling units per acre.

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

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

2. Lot Frontage and Depth. The dimensions and geometry of each lot shall be as approved by the planning board.

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

4. The aggregate area of all impervious surfaces shall not exceed twenty percent (20%) of the lot area.

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

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

1. Building Size. No new LIH structure shall contain more than eight (8) nor less than four (4) dwelling units. No LIH structure resulting from the alteration of an existing building shall contain more than nine (9) dwelling units.

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

3. Building Height. No building shall be erected or altered to exceed a height of thirty-five (35) feet or two and one-half (2-1/2) stories, whichever is the lesser.

4. Buffer Areas. Those setbacks required in paragraph 2 above shall be attractively landscaped unless native vegetation is deemed appropriate by the planning board.

5. Rooms and Minimum Floor Areas. Any room other than living room, dining room, kitchen, bathroom, laundry room, utility room, foyer or hallway shall be construed as a bedroom, and every unit shall have at least one (1) bedroom. At least fifty percent (50%) of the residential units shall have more than one (1) bedroom, provided, however, that at least ten percent (10%) of the residential units shall have more than two (2) bedrooms. Minimum floor areas shall be as follows: one-bedroom unit, 540 square feet; two-bedroom unit, 750 square feet; three-bedroom unit, 900 square feet. The bedroom mix for the low income and the moderate income household units shall be substantially similar.

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

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

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

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

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

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

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

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

(a) The applicant may obtain construction permits for up to thirty-seven and one-half percent (37.5%) of the total conventional units, provided, however, no certificates of occupancy above the initial twenty-five percent (25%) shall be issued for any additional conventional units until certificates of occupancy are issued for fifty percent (50%) of the LIH units.

(b) The applicant shall be entitled to obtain construction permits for fifty percent (50%) of the total conventional dwelling units and may obtain certificates of occupancy for such units without constructing additional LIH units above the fifty percent (50%) referred to in paragraph (a) above.

(c) The applicant may obtain construction permits for sixty-two and one-half percent (62.5%) of the total conventional dwelling units, provided, however, no additional certificates of occupancy shall be issued above the fifty percent (50%) of the conventional units referred to in paragraph (b) above until certificates of occupancy are issued for all of the LIH units.

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

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

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

(a) Subdivision and/or site plan application fees as applicable;

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

(c) Fees for certificates of occupancy; and

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

e. Utilities.

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

2. Fire hydrants shall be installed by the developer in adequate numbers and at locations approved by the township engineer.

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

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

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

(b) The area remaining in common open space shall be of a shape and at a location as approved by the planning board.

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

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

2. The common open space required by subsection 21-4.2 g.1. shall be set aside in perpetuity for land conservation purposes and the use thereof shall be limited to nature and hiking trails. Picnicking and overnight camping shall be permitted pursuant to regulations approved by the planning board. All construction, installations, uses and activities inconsistent with the foregoing shall be prohibited.

3. The Township of Mendham may, if the township committee deems it to be in the public interest, accept the dedication of the common open space area required to be set aside pursuant to subsection 21-4.2 g.l. for public use and maintenance, and in such case the developer shall convey the title to the lands contained in such common open space area to the Township of Mendham in fee simple absolute by suitable deed of conveyance, provided, however, that the planning board shall not require as a condition of approval of any development in the CR-1 Zone that lands set aside for common open space be dedicated or made available to public use.

4. If the lands set aside for common open space as required by subsection 21-4.2 g.l. are not dedicated to the Township of Mendham as provided in subsection 21-4.2g.3 the developer shall provide for an organization for the ownership, management and maintenance of the said lands required to be set aside for common open space for the benefit of owners or residents of the development, provided, however, that the developer may permit the limited use of such common open space area by such other persons as the developer may deem appropriate upon such terms and conditions as the developer may reasonably establish. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own, manage and maintain the open space for the uses and purposes set forth in this section, and thereafter such organization shall not be dissolved or dispose of any of its open space without the prior approval of the township committee. In the event that such organization shall fail to maintain the open space in a reasonable order and condition, the planning board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within thirty-five (35) days thereof and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing, the planning board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed sixty-five (65) days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the said thirty-five (35) days or any permitted extension thereof, the township, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the planning board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon fifteen (15) days written notice to such organization and to the owners of the development, to be held by the planning board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the planning board shall determine that such organization is ready and able to maintain said open space in reasonable condition, the township shall cease to maintain said open space at the end of said year. If the planning board shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the planning board in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and shall be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected, with interest, by the same officers and in the same manner as other taxes.

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

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

2. All property boundary, topographic and soil information and other applicable details required in connection with preliminary plats under subsection 16-8.4 of Chapter XVI, Subdivision and Site Plan Review.

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

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

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