a. Permitted Uses. The CR-2 Zone is designed for and permits conventional detached single dwelling unit residential development in combination with limited income housing (LIH), as well as conditional uses as regulated by subsection 21-4.6 of this chapter, and accessory uses as regulated by subsection 21-4.4 of this chapter.

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

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

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

1. Building Size. No LIH structure shall contain more than eight (8) nor less than four (4) dwelling units.

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

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

(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. Utilities.

(a) Every dwelling unit within the development must be connected to a public potable water system as approved by the township board of health.

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

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

11. 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.

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

13. 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.

14. 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;

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

e. 1. Not less than thirty-two percent (32%) of the gross lot area of any development in the CR-2 Zone shall be set aside and remain in common open space. Consistent with good planning practices and where the applicant would suffer practical difficulties and hardship, the planning board may permit a reduction in the open space requirement to twenty-five percent (25%), provided, however, that this provision shall not be a basis for increasing density. Common open space shall meet the following standards:

(a) No common open space area shall contain less than ten (10) acres, unless the area is to be annexed to an existing or proposed publicly owned common open space area, the aggregate area of which shall be not less than ten (10) acres, or 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 21-3.3e.l. shall be set aside in perpetuity for land conservation purposes and the use thereof shall be limited to nature and hiking trails and such other recreation facilities as approved by the planning board. All construction, installations, uses and activities inconsistent with the foregoing shall be prohibited.

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 21-4.3e.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-2 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 21-4.3e.l. are not dedicated to the Township of Mendham as provided in subsection 21-4.3e.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. 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 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.

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

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 unit 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 purchase and rental of required LIH to be provided as part of the development.

The following accessory uses shall be permitted:

a. Private garage subject to subsection 21-4.5.

b. Non-commercial greenhouses.

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

d. Home occupation as defined in Chapter XII, General Definitions, provided that it complies with the following standards:

i. The principal use of the premises shall be residential.

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

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

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

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

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

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

viii. One commercial vehicle may be parked out-of-doors (as permitted by paragraph 21-4.5(d), provided it is used solely for transportation by a person residing on the premises. Except for that one commercial vehicle, any material, equipment or commercial vehicles which might be used in the home occupation shall be presumed to be related to the home occupation and may be stored only in one accessory building which shall not exceed one story with a maximum height of eighteen feet and 800 square feet of floor area and may have electricity, heat and water, but no kitchen, toilet or septic facilities.

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

e. Family swimming pool and/or tennis court, subject to the yard requirements for accessory structures as set forth in subsection 21-6.4. Any artificial lighting shall be shielded so that the direct source of the light is not visible from any point along the boundary lines of the property, and such artificial lighting shall not cause illumination in excess of 0.5 foot candies as measured at any point along the boundary lines of the property.

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

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

h. Barns, stables and sheds.

i. Dog kennel for not more than three dogs over six months old.

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

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

b. Signs. The only signs permitted are as follows:

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

2. Temporary real estate signs not more than four feet in area advertising the sale or lease of the premises on which such sign is maintained. Not more than one sign shall be permitted on any lot. A sign shall be removed within 7 days after the execution of a contract of sale or lease for the lot upon which the sign is located.

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

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

d. Storage and Parking of Commercial Vehicles. Storage, parking or keeping of commercial vehicles is permitted as an accessory use provided they are kept in an enclosed building and are owned and oeprat4ed by a resident of the premises. One commercial vehicle may be kept out-of-doors, provided it is used solely for transportation by a person residing on the premises. Except for one commercial vehicle, no vehicle having a gross vehicle weight in excess of three (3) tons, including, without limitation, dump trucks, bulldozers, backhoes, tractors, trenchers, dumpsters and similar equipment, whether registered with commercial or individual plates or unregistered, shall be stored or parked outside of an enclosed building in a residential zone, unless such vehicle is being used for a permitted construction activity on the property. If the vehicle has not been operated or used on the property in connection with a permitted construction activity for a consecutive period of fourteen (14) calendar days, it shall be deemed as not being used on the property. This paragraph shall not be deemed to allow the warehousing or garaging of vehicles in a manner which would violate paragraph 21-4.4(d).

e. Accessory Apartments. Two (2) classes of Accessory Apartment are permitted in Mendham Township: Market Accessory Apartments and Inclusionary Accessory Apartments. Market Accessory Apartments shall conform to the requirements of Subparagraph A. Inclusionary Accessory Apartments shall conform to the requirements of Subparagraph B. All Accessory apartments shall conform to the requirements of Subparagraph C.

A. Market Accessory Apartments.

1. A Market Accessory Apartment (MAA) may be located in a single family dwelling in any residential zone district provided it is created in accordance with and conforms to all provisions to this Subsection 21-4.5f. An MAA may be incorporated in a new dwelling or may be created within an existing dwelling constructed in accordance with all ordinances and regulations applicable to an addition to a dwelling. An MAA may be occupied only by a family of no more than three (3) persons, at least one (1) of whom shall be either (a) a person who is related by blood or marriage to the owner-occupant or tenant of the dwelling in which the accessory apartment is located or (b) a domestic employee working on the premises on a full-time basis for the owner-occupant or the tenant of the dwelling in which the MAA is located.

2. Only one (1) MAA shall be permitted in any dwelling and the gross floor area of the accessory apartment shall not comprise more than twenty-five percent (25%) of the aggregate floor area of the structure in which it is located, provided, however, that no MAA shall have a gross floor area of less than 350 square feet.

3. An MAA shall not be occupied except in accordance with a currently valid Accessory Apartment Permit issued by the zoning officer.

4. Every Accessory Apartment Permit for an MAA shall be valid for a term ending on December 31 of the year in which it is issued and shall upon application be renewed annually so long as the MAA is occupied in accordance with the provisions of this subsection 21-4.5f. provided, however, that an initial Permit or any renewal thereof shall expire immediately in the event that (a) title to the premises is transferred to a new owner, (b) the premises are leased to a new tenant, or (c) a change occurs in the composition of the family occupying the MAA which renders the family ineligible to occupy the accessory apartment in accordance with the provisions of this subsection 21-4.5f.

5. If an Apartment Permit for an MAA expires by reason of (a), (b) or (c) above, the MAA shall be vacated and shall not again be occupied unless and until a new initial Accessory Apartment Permit is applied for and issued by the zoning officer.

6. Every application for an initial or renewal Accessory Apartment Permit shall be made upon a form provided by the zoning officer and shall be accompanied by the fee required by Paragraph 13-14.1.1. The application shall require the name of each member of the family who will occupy the MAA as well as details of the relationship between any family member and the owner-occupant or the tenant of the dwelling which entitles the family to occupy the accessory apartment.

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

8. Any dwelling in which a MAA is located in compliance with the provisions of this subsection 21-4.5f shall be considered a single-family dwelling for all purposes, notwithstanding the existence of the MAA, use of the MAA being limited by the provisions of this subsection and incidental to the single-family residential use of the dwelling.

B. Inclusionary Accessory Apartments.

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

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

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

4. Not more than two (2) IAA units shall be permitted in any host structure, provided, however, that no IAA unit shall have a gross floor area of less than 350 square feet.

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

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

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

C. All Accessory Apartments shall be subject to the following:

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

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

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

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

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

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