In any residence district a permit for a conditional use authorized by this subsection shall be issued by the planning board if the planning board determines that the proposed plans and conditions for the particular use on a specific lot meet all of the applicable requirements of this subsection for such use. An application for a conditional use permit shall be made to and acted upon by the planning board pursuant to the procedures set forth in Chapter XVI, Subdivision and Site Plan Review, for site plan approval with hearing and notice.

The conditional uses authorized by this subsection and the respective requirements therefore are as follows:

a. Scientific Breeding Farm for Dogs. Scientific breeding farms for dogs shall conform to the following regulations and standards:

1. No such operation shall be conducted for monetary profit, nor on any commercial basis.

2. No such operation shall be conducted on any parcel of land having less than 50 contiguous acres (lands separated by a public road shall not be considered contiguous).

3. The number of dogs over six months of age shall be strictly limited to three dogs per acre for the initial 50 acres and two dogs per acre for any contiguous acres in excess of the first 50 acres.

4. The density of persons per acre shall not exceed one dwelling unit, as an accessory use, for every ten acres.

5. The functions and operations shall be limited to the specialized breeding of dogs and their care, as well as the maintenance of all the facilities necessary to carry on the operations. The boarding of dogs other than those owned by the operator of the scientific breeding farm is strictly prohibited.

6. All structures, roads, parking lots and facilities shall be privately maintained.

7. Any incineration equipment shall conform to the New Jersey Incinerator Code in all respects.

8. All buildings or structures shall have a minimum setback from any property line or public road of 200 feet, provided, however, that no building, structure or facility for dogs, including any open air facility or run, shall be closer than 250 feet to any property line or public road. Whenever a conditional use permit has been granted for the use of a particular lot then no additional or replacement building, structure or facility for dogs, including any open air facility or run, and any public road as shown upon the site plan first approved for such use, or closer to any other property line fo the lot than the shortest distance between any such building, structure or facility for dogs, including any open air facility or run, and any other property line fo the lot as shown upon the site plan first approved for such use.

9. All open air facilities or runs for dogs shall be enclosed by a chain link fence of at least six feet in height.

10. The total area coverage of all buildings and structures, including open air facilities or runs for dogs, shall not exceed five percent of the total site area.

11. Breeding facilities shall be screened by nondeciduous planting to a minimum height of four feet so as to visually screen such facilities from all public roads or improved residential areas.

12. All outdoor lighting fixtures shall be shielded so that the direct source of light is not visible from any public road or other property.

13. All water supply and sanitary sewage disposal facilities shall be installed and maintained by the operator of the scientific breeding farm in strict conformity with all applicable laws, ordinances and regulations.

14. All dogs shall be housed in sound resistant buildings between the hours of 8:00 P.M. and 6:00 A.M. prevailing time, and the walls of such structures shall have a sound resistance level of 40 decibels.

15. All outdoor runs for dogs shall be paved and the drainage from such runs shall enter the sanitary sewage disposal facilities and shall not be permitted to enter any storm or surface water drainage facilities. Such runs shall comply with all applicable health laws, ordinances and regulations.

b. Community Residences for More Than 6 Developmentally Disabled Persons and Community Shelters for More Than 6 Victims of Domestic Violence (pursuant to R.S. 40:55D-66.1 and following). Community residences for more than 6 developmentally disabled persons and community shelters for more than 6 victims of domestic violence shall conform to the following standards:

1. The minimum lot area shall be 3 acres, provided, however, that in the R-5 Residence District the minimum lot area shall be 5 acres and in the R-10 Residence District the minimum lot area shall be 10 acres.

2. All yard, setback and height requirements for the zone in which the use is located shall be met.

3. All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.

4. Off-street parking shall be provided at the rate of 2 spaces for each developmentally disabled person or each victim of domestic violence. All parking areas shall be located at least 10 feet from any building and at least 100 feet from a street and at least 50 feet from any side or rear property line.

5. Structures and impervious improvements shall not occupy more than ten percent (10%) of the lot area.

6. No more than 15 persons, exclusive of the resident staff, shall be housed in a single community residence for developmentally disabled persons or in a single shelter for victims of domestic violence.

7. No property devoted to a community residence for developmentally disabled persons and no property devoted to a community shelter for victims of domestic violence shall be located within 1,500 feet of another property devoted to either of such uses.

8. A conditional use permit for a community residence for developmentally disabled persons or for a community shelter for victims of domestic violence shall not be issued if the number of persons currently resident at such facilities within the township exceeds, exclusive of resident staff, a total of 50 persons or one-half of one percent (0.5%) of the population of the township, whichever is greater.

c. Equestrian Farms. Equestrian farms shall be permitted only in an R-3 Zone R-5 Zone or R-1 0 Zone and shall conform to the following regulations and standards:

1. No equestrian farm shall be operated on any parcel of land having less than 100 contiguous acres within the township (lands separated by a public road shall not be considered contiguous).

2. The function and operation of an equestrian farm shall be limited to the following: (i) the boarding, breeding, caring for, training, showing, buying, selling and brokering of horses; (ii) the training of horse riders and horse handlers; (iii) horse exhibitions, horse shows and horse riding competitions; (iv) medical care and treatment of horses which are located at the equestrian farm by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon; and (v) the retail sale of riding equipment, riding apparel and accessories specifically associated with horse riding activities. Such retail sales shall be conducted within an accessory structure at a location to be approved by the Planning Board. Such accessory structure may also house up to six coin-operated video games for use inside the structure. The aggregate floor area of the accessory structure devoted to retail sales shall not exceed 1,000 square feet. Retail sales shall be conducted only by the owner or operator or the Equestrian Farm. There shall be no signs related to the retail sales on any public road frontage. Auction sales of horses and the retail or wholesale sales of horses or the sale of any other type of merchandise not specifically allowed above shall not be considered a permitted use, except that one-day auctions of horses or antiques shall be permitted when offered as part of a horse exhibition, horse show, or riding competition and when approved by the Township Committee as part of the special permit for such occasions. Horse exhibitions, horse shows and horse riding competitions shall be limited to no more than eighteen (18) days in any calendar year, No event shall exceed three (3) consecutive days or such other length of time as. is approved by the Township Committee in duration and shall be subject to the obtaining of a special permit therefor from the Township Committee of the Township of Mendham pursuant to the provisions of Section 7-5 of Chapter VII, provided that such horse exhibitions, horse shows and horse riding competitions shall be for the exhibition, showing and competition of horses located at the equestrian farm by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon and for not more than fifty (50) additional horses transported to the equestrian farm for the purpose of participation in such exhibitions, shows or competitions. Temporary parking areas for use during horse exhibitions, horse shows and horse riding competitions shall be as approved by the Township Committee and designated in the special permit obtained for those occasions.

3. The number of horses six (6) months of age or older permitted on an equestrian farm shall be strictly limited to one (1) horse per acre for the entire acreage of the equestrian farm, provided that in no event shall the total number of horses permitted exceed the capacity of all buildings and structures to provide interior shelter for the horses. The limitations contained herein shall apply to horses located on the premises for more than forty-eight (48) consecutive hours.

4. Housing and living facilities, as an accessory use to an equestrian farm, shall be permitted in accordance with the following limitations and regulations:

(i)Two (2) single-family detached dwellings shall be permitted, one of which shall be so located that a future minor subdivision of the premises could be made in a manner that the said detached dwelling and all other dwellings and structures shall meet all of the road frontage, area and yard requirements of the R-3 Zone, R-5 Zone or R-10 Zone, as the case may be.

(ii) Except for two (2) single-family detached dwellings as provided in subparagraph (4)(i) above, all living quarters shall be part of and attached to principal structures, and shall consist of sleeping quarters with associated bathroom and kitchen facilities. A minimum of two hundred (200) square feet of living space shall be provided for the first person occupying such space and an additional one hundred (100) square feet of living space for each additional person. All such living quarters shall be constructed so as to provide a fire resistance barrier between such living quarters and other portions of any building in which they are located,, such barrier to have a fire rating meeting the BOCA standards for such uses. All occupants of such single-family detached dwellings and other permitted living quarters shall be either the owner or operator of the equestrian farm or shall be bona fide employees at the equestrian farm who work a minimum of 20 hours per week or a family member of a bona fide employee of the equestrian farm. Except for occupancy by the owner or operator, such living quarters shall be used or occupied only at such time as the equestrian farm is in operation and any use or occupancy at any other time shall constitute a violation of this ordinance.

(iii) The names of all occupants of the single-family dwellings and other living quarters shall be registered at the Office of the Mendham Township Clerk. Such registration shall include the employee status of such occupants and if not employed at the equestrian farm the registration shall set forth the basis upon which such occupants qualify to reside at the equestrian farm, e.g. owner, operator or family member. The registration information shall be submitted annually by January 15th and shall be updated within 30 days of any change of occupancy.

5. All water supply and sanitary sewage disposal facilities shall be installed and maintained by the owner or operator of the equestrian farm in strict conformity with all applicable laws, ordinances and regulations.

6. As part of any application for the approval of a conditional use for an equestrian farm operation, the applicant shall submit a pest control and animal waste disposal plan approved by the Township Board of Health. Said plan shall be prepared by a recognized expert or governmental agency. Implementation and satisfactory maintenance of the plan shall be a requirement of continued operation of the equestrian farm.

7. The planning board shall have the authority, before and after investigation and consultation with appropriate experts and agencies such as the Soil Conservation Service or State Department of Agriculture, no prohibit the grazing of horses in areas deemed by the Planning Board to be overgrazed or overused as evidenced by substantial soil erosion and sedimentation problems.

8. All structures and parking areas shall have a minimum setback of 200 feet from any property line except that detached dwellings shall meet the minimum setback requirements of the R-3 Zone, R-5 Zone or R-10 Zone, as the case may be.

The Planning Board may grant a variance from the minimum 200 foot setback requirement for the use of existing structures for equestrian farm operations providing the following conditions are met.

(i)Written notice and publication of the variance request shall be given in accordance with the provisions of Section 7.1 of the Municipal Land Use Law, R.S. 40:55D-12;

(ii) The strict application of the 200 foot setback requirement would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner or operator of the equestrian farm;

(iii) The Planning Board finds that the variance 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.

(iv) The use and location of the structures for equestrian farm activities will not adversely affect the use and enjoyment of surrounding properties.

9. All barns, stables, sheds and indoor riding arenas shall be constructed in accordance with the requirements of all applicable state and municipal building codes. No structures shall exceed thirty-five (35) feet in height. No barn or stable shall have outside dimensions greater than 12,000 square feet.

No shed shall have outside dimensions greater than 2,400 square feet. Sheds shall be provided and used for the storage of all motorized equipment used in the operation of the equestrian farm, including motor vehicles and horse trailers, provided, however, that one (1) item of such equipment maybe stored outside a shed. No more than one (1) indoor riding arena shall be erected upon any equestrian farm, and the indoor riding arena shall not exceed 20,000 square feet of interior space. In the event that the equestrian farm operation is terminated on the premises, the indoor riding arena shall be removed, and failure to effect removal shall constitute a violation of this ordinance.

10. The total area coverage of impervious improvements shall not exceed eight percent (8%) of the entire acreage of the equestrian farm, provided, however, that in no event shall the total area coverage of buildings and structures exceed four percent (4%) of the entire acreage of the equestrian farm.

11. All outdoor lighting shall be installed in accordance with the following requirements:

(i) All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

(ii) The maximum number of footcandles from any indirect light source visible from any property line shall be five-tenths (.5).

(iii) Lights shall be restricted to buildings and barn areas, along driveways and where in the discretion of the Planning Board it is determined that safety and security considerations require their installation.

(iv) No light source shall exceed a maximum of three (3) footcandles measured 25 feet from the source.

(v) The maximum height of any free-standing light fixture shall be 16 feet.

(vi) The type and location of lights shall be approved as part of site plan approval.

12. Off-street parking areas shall be adequately screened from all adjacent properties.

d. Water Storage Facilities: A water storage facility for a public water supply system shall be permitted only in an R-3 Zone, R-5 Zone, or R-10 Zone and shall conform to the following regulations and standards:

1. Lot Area. The minimum area of any lot upon which a permitted water storage facility is located shall be 1 acre.

2. Minimum Lot Frontage. Every lot upon which a permitted water storage facility is located shall have a minimum frontage of 50 feet measured along the right-of way line of a street upon which the lot fronts.

3. Height Limitations. No component of a permitted water storage facility shall exceed 35 feet in height.

4. Setbacks. Any component of a permitted water storage facility which exceed 3 feet in height shall have a setback equal to or greater than twice that which is required for all front, side and rear yards in the zone in which the facility is located. In no event, however, shall any setback be less than that calculated by application of the following formula: S = 5H. "S" is the required setback distance measured in feet. "H" is the difference in elevation in feet between the top of the component of the water storage facility and the elevation of the ground at the property line of the lot from which the setback is measured.

Any component of a permitted water storage facility exposed to view and having a height of 3 feet or less shall comply with the front, side and rear yard setback requirements for the zone district, provided, however, that no front setback shall be less than 100 feet and no side or rear yard setback shall be less than 50 feet.

5. Improvements. Consistent with the particular conditions of the lot upon which the permitted water storage facility is located and the circumstances of the surrounding lands, access, parking, loading and area lighting facilities, as well as landscaping and screening, shall be installed and maintained as required and specified by the planning board in the approval of the site plan in accordance with Chapter XVI of this Ordinance. The landscaping and screening shall be designed, installed and maintained to minimize to the greatest extent possible the visual impact of the water storage facility upon surrounding properties.

6. Termination of Use of Water Storage Facility on Nonconforming Lot. In the event of the termination of the use of a permitted water storage facility upon a lot that does not meet all area, dimensional and other applicable lot standards of this Chapter XXI, for a use permitted in the zone district in which the lot is located, the then owner of the lot shall be responsible for removing from the lot any and all components of the water storage facility and grading and seeding of the disturbed areas of the lot in a manner compatible with the remainder of the surface of the lot. Upon the completion of such work, title to the lot shall vest by operation of law in the Township of Mendham. Any future use of the lot by the Township or subdivision of the lot with merger of portions of the lot into adjoining lots shall be in accordance with the Township Master Plan and/or in accordance with planning board approval as required by township ordinances.

7. Provisions in Deed for Nonconforming Lot. Prior to the issuance of a construction permit for a permitted water storage facility on a lot which does not meet all area, dimensional and other applicable lot standards of this Chapter XXI for a use permitted in the zone district in which the lot is located, a deed for such lot containing provisions consistent with the requirements of subparagraph 6 above shall be recorded in the Morris County Clerk's Office. Prior to recording, the deed shall be reviewed and approved as to form and content by the planning board.

e. Institutional Uses. Institutional uses listed in this paragraph are permitted as conditional uses in any of the zone districts, provided they front on and have vehicular access only from State Highway and Country Roads as designated by the Circulation Plan Element of the Mendham Township Master Plan, 1978, as amended and supplemented, and meet all applicable requirements provided below.

1. Public and Private Schools. Public schools covering any or all grades, pre-kindergarten through grade twelve, and full-time private schools covering any or all grades, pre-kindergarten through grade twelve, operated by charitable, religious or eleemosynary organizations, which are not conducted as a business and which are operated to satisfy state-mandated educational requirements, shall meet all of the following requirements:

a. Charter. The application shall be accompanied by the existing or proposed charter and by-laws of the organization and such other material as may be required to guarantee, to the satisfaction of the Planning Board, the following:

1. The organization is or will be a bona-fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

3. The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that;

(i) The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and

(ii) The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organization with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

(iii) The sale of items, products of materials required for the educational programs or welfare of the students or accessory to and having a relation to the activities conducted on the premises, such as but not limited to books, art materials and school supplies, of tickets for student activities of other school-related events or food for school lunches, is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

b. Minimum Lot Size. The lot or site on which the proposed school is to be located shall have a minimum area of twenty (20) acres and the lot or site shall have a minimum street frontage of five hundred (500) feet.

c. Maximum Lot Coverage. The coverage of the lot by all buildings shall not exceed three percent (3%), and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements shall not exceed fifteen percent (15%) of the total area of the lot.

d. Setbacks. Buildings shall be set back from any lot line a distance not less than five (5) feet for each one (1) foot of building of structure height. No paved areas, parking, sport or other facilities not associated with a building shall be closer than fifty (50) feet to any lot line.

e. Off-street parking. Paved off-street parking shall be provided at the rate of one (1) parking space for each four hundred (400) square feet of floor area of the school building and any appurtenant structures on the same lot for schools containing grades under the tenth grade. For schools containing grades tenth and/or eleventh and/or twelfth, off-street parking space shall be provided at the rate of one (1) space for each two hundred (200) square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking on a public street during the course of normal educational programs. Landscape plantings shall be provided in sufficient quantity, quality, location and height and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.

f. Height. The height of buildings or structures shall not exceed thirty-five (35) feet.

2. Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract shall meet all of the following requirements:

a. Charter. The application shall be accompanied by the existing or proposed Charter and by-laws of the organization, and such other material as may be required to guarantee, to the satisfaction of the Planning Board, the following:

1. The organization is or will be a bona-fide nonprofit religious group organized primarily for the benefit of its membership and is only involved in activities normally carried on by religious groups.

2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and United States.

3. The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

(i) The premises may be made available on a rental basis for meetings of religious groups, private social functions and the like.

(ii) The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or of related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted indoors. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of Mendham, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization to hire, or otherwise engage, profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is paid to such profit-making organization as a fee.

(iii) The sale of religious articles or items, having relation to the cultural or ethnic background of the members of the faith is permitted on an ongoing basis, provided that such sales are conducted inside the building or structure.

b. Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of five (5) acres and the lot or site shall have a minimum street frontage of three hundred (300) feet.

c. Maximum Lot Coverage. The coverage of the lot by all buildings and structures shall not exceed twenty percent (20%).

d. Setbacks. Buildings shall be set back from any lot line a distance not less than five (5) feet for each one (1) foot of building of structure height. No paved areas, parking, sport or other facilities not associated with a building shall be closer than fifty (50) feet to any lot line.

e. Off-street parking. Paved off-street parking shall be provided on the same lot at the rate of one (1) parking space for each ninety (90) square feet of floor area in the church building and one (1) space for each two hundred (200) square feet of floor area in any other building. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking on a public street during the course of normal activities. Landscape plantings shall be provided in sufficient quantity, quality, location and height and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.

f. Height. The height of buildings or structures other than church steeples shall not exceed thirty-five (35) feet.

g. Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like be excluded under this paragraph.

3. Municipal and Board of Education Uses. Municipal uses other than parks and Mendham Township Board of Education uses, other than schools, shall meet all of the following requirements:

a. Maximum Lot Coverage. The lot coverage by all structures shall not exceed twenty percent (20%).

b. Height. The height of buildings or structures shall not exceed thirty-five (35) feet.

c. Off-street Parking. Sufficient off-street parking spaces shall be provided to ensure that the use will not cause parking on any public street during the course of normal activities.

d. Screening. Landscape plantings shall be provided in sufficient quantity, location and height to preclude the transmission of headlight glare or other source of illumination onto adjacent properties and to preclude view of the parking area from a public street.

f. Telecommunications Towers and Antennas. Telecommunications Towers and Antennas are permitted as conditional uses on municipally owned property and on property owned by a public utility water company.

1. Purpose. The purpose of this Subsection 21-4.6.f. is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this Subsection are:

a. to protect residential areas and land uses from potentially adverse impacts of towers and antennas;

b. to the extent that towers are proven necessary, to require their location on nonresidential properties;

c. to minimize the total number of towers throughout the community;

d. to strongly encourage the joint use of new and existing tower sites rather than construction of additional single-use towers;

e. to encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

f. to encourage users of towers and antennas to construct and configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

g. to enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

h. to consider the public health and safety of communication towers; and

i. to avoid potential damage to adjacent properties from tower failure through engineering techniques and careful siting of tower structures.

j. to provide additional antenna sites for Mendham Township emergency services.

This Subsection further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property, and community aesthetics. This Subsection expressly recognizes that wireless telecommunications facilities that require construction of towers or monopoles are not inherently beneficial uses, and that any such proposed facility must be particularly suited for the proposed site. Accordingly, towers and antennas shall be regulated and permitted as conditional uses pursuant to this Subsection 21-6.4.f. and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities, or private utilities.

2. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other provision of the Mendham Township Land Use Ordinance, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use, otherwise it shall be deemed to be an accessory use.

3. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Approving Authority an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Mendham or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The Approving Authority may share such information with other applicants applying for conditional use permits under this Subsection or other organizations seeking to locate antennas within the jurisdiction of the Township of Mendham, provided, however, that the Approving Authority is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4. Aesthetics. Towers and antennas shall meet the following requirements:

a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.

b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings, and shall be located out of public view behind existing structures, buildings or terrain features which will shield the tower, antenna and related structures from view.

c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

5. Lighting. Towers shall not be artificially lighted, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

6. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations within thirty (30) days of the applicable compliance date shall mean that the Township may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.

7. Building Codes; Safety Standards. To ensure the structural integrity of towers and antennas, the owner shall maintain them in compliance with standards contained in applicable State or local building codes and the applicable standards for towers and antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Mendham concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have thirty (30) days to bring such tower or antenna into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within thirty (30) days shall mean that the Township may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.

8. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Mendham have been obtained and shall file with its application a copy of all required franchises with the Approving Authority.

9. Public Notice. For purposes of this Subsection, any conditional use or variance request shall require notice to all owners of properties that are located within the corresponding separation distance listed in Subsection 21-4.6.f.18.c., Table 1, in addition to any notice otherwise required by the Land Use Ordinance,

10. Signs. No signs shall be allowed on an antenna or tower.

11. Multiple Antenna/Tower Plan. The Township of Mendham encourages and mandates the users of towers and antennas to co-locate antennas where technically, practically, and economically feasible. Applications for approval of co-location on sites permitted pursuant to this Subsection 21-4.6.f. shall be given priority in the review process.

12. Compliance with Radiation Emission Standards. The applicant shall demonstrate that the proposed antenna and related structures and equipment complies with all applicable State and Federal regulations of electromagnetic radiation levels. Thereafter, at least every two (2) years after issuance of the initial certificate of occupancy, the applicant shall demonstrate that the antenna and related structures and equipment continues to comply with such applicable regulations.

13. Other Requirements.

a. Where antennas or towers are to be located on municipally owned property the applicant shall furnish proof that it has obtained a license from or entered a lease with the Township of Mendham authorizing such antenna or tower. The Township shall, as a condition of such lease, require that the applicant receive a conditional use permit and site plan approval by the Planning Board. The decision to extend such leases to an applicant shall be vested solely with the Mendham Township Committee and shall, to the extent applicable, be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey. Where towers or antennas are proposed to be located on non-municipally owned property as permitted in this Subsection 21-4.6.f., the applicant shall submit proof that the property owner has consented to the application by entering into a lease subject to the applicant receiving a conditional use permit and site plan approval by the Planning Board.

b. Any antenna which is not attached to a tower may be attached to any eisting structure located on the subject property provided:

1. The height of the antenna is not greater than ten (10) feet in excess of the maximum building height for the zone wherein the structure is located;

2. The antenna complies with all applicable FCC and FAA regulations;

3. The antenna complies with all applicable building codes; and

4. The antenna complies with Subsection 21-4.6.f.4.c.

14. Installation of Antennas on Existing Towers. Antennas may be installed on existing towers provided the antenna meets the following terms:

a. An antenna may be attached to an existing tower on the subject property and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

1. A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board allows reconstruction as a monopole.

2. Height.

(i) An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this Subsection.

(ii) The additional height referred to in Subsection 21-4.6.f.14.a.2(i) shall not require an additional distance separation as set forth in Subsection 21-4.6.f.18, Table 1. The tower's premodification height shall be used to calculate such distance separations.

3. The tower must be designed and constructed so as to accommodate at least two antenna arrays of separate wireless telecommunications providers.

15. Requirements for all applications. In addition to site plan details specified in Chapter XVI of the Mendham Township Municipal Land Use Ordinance, all applications shall contain of the following:

a. A scaled plan clearly indicating the location, type and height of the proposed tower, onsite land uses and zoning, adjacent land uses and zoning (including those located in adjacent municipalities), Master Plan recommendations for the site and all properties within the applicable separation distances set forth in Subsection 21-4.6.f.18., adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Approving Authority to be necessary to assess compliance with this ordinance.

b. Legal description of the entire tract and leased parcel (if applicable).

c. The setback distance between the proposed tower and the nearest residential unit and the residentially zoned properties as indicated on the municipal tax map.

d. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection 21-4.6.f.3. shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

e. A landscape plan showing specific landscape materials including species type, size, spacing and existing vegetation to be removed or retained.

f. Method of fencing, and finished color and, if applicable, the method of camouflage.

g. A description of compliance with Subsections 21-4.6.f.3, 21-4.6.f.4, 21-4.6.f.6. and 214.6.f.12., and all applicable Federal, State or local laws.

h. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

i. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

j. A description of the suitability or nonsuitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

k. A description of the feasible location(s) of future towers or antennas for the applicant within the Township of Mendham based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

l. A visual study, including photographic or topographic plans such as balloon or crane tests, depicting where within a one mile radius any portion of the proposed tower could be seen.

m. A letter of commitment to lease space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit, and shall commit the tower and/or antenna owner, property owner and successors in interest.

n. An agreement by the tower and/or antenna owner that other wireless telecommunications providers will be permitted to co-locate on the proposed tower within the limits of structural and radio frequency engineering requirements.

0. Documentary evidence by a professional licensed in the State of New Jersey regarding the need for the tower or antenna which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower or antenna at a particular location within the Township. The evidence shall include a radio frequency engineering analysis of the search area for the tower or antenna.

p. Elevation drawings of the tower and accessory structures depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

16. Additional Factors Considered in Granting Conditional Use Permits. In addition to the information required to be submitted in an application, the Approving Authority shall consider the following factors in determining whether to issue a conditional use permit:

a. Height of the proposed tower.

b. Proximity of the tower to residential structures and residential district boundaries.

c. Nature of uses on adjacent and nearby properties.

d. Surrounding topography and other terrain features.

e. Surrounding vegetation, tree coverage and foliage.

f. Design of the tower, with particular reference to design characteristics that have the effect of mitigating adverse visual impact.

g. Suitability of proposed ingress and egress.

h. Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection 21-4.6.f.17.

i. Availability of proposed tower to other potential users.

j. Specifications and details for proposed alarm system.

k. Whether the proposed tower is particularly suited for the proposed site.

17. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Approving Authority that no existing tower structure or alternative technology that does not require the erection of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Approving Authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology.

18. Setbacks. The following setback requirements shall apply to all towers:

a. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line and also from any building on-site not related to the tower use.

b. Accessory buildings must satisfy the minimum zoning district setback requirements.

c. Distances from off-site buildings or uses as specified in Table 1.

d. Tower set backs and separation distances shall be measured from the center point or line of the tower to the off-site building, facility or designated site as specified in Table 1