e. Separation distances between towers as specified in Table 2.

(Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2).

19. Security fencing. Towers shall be enclosed by security fencing not less than eight (8) feet in height and shall also be equipped with appropriate anti-climbing measures.

20. Landscaping. The following requirements shall govern the landscaping surrounding towers:

a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip on the tower property at least ten (10) feet wide outside the perimeter of the compound.

b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be modified.

c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be deemed a sufficient buffer.

21. Maximum Height. New towers shall not exceed One Hundred fifty (150) feet in height and, except where the applicant can clearly demonstrate to the satisfaction of the Planning Board that the following heights are inappropriate for a particular proposed tower, maximum heights of new towers shall be as follows:

a. For single user, up to one hundred (100) feet in height.

b. For two users, up to one hundred twenty (1 20) feet in height.

c. For three or more users up to one hundred fifty (1 50) feet in height.

22. Requirements for Equipment Storage Buildings, Equipment Cabinets or Equipment Structures. The storage building, equipment cabinet or structure used in association with towers and/or antennas shall comply with the following:

a. The equipment storage building, equipment cabinet or structure shall not contain more than 200 square feet of gross floor area for a single user nor more than 150 square feet of gross floor area each for multiple users or be more than 1 0 feet in height.

b. If the equipment cabinet or structure is located on the roof of a building, the aggregate area of the equipment cabinet or structure and other equipment and structures on such roof shall not occupy more than ten (10%) percent of the roof area, and shall be screened from view utilizing architectural treatments and designs.

c. Equipment storage buildings or equipment cabinets or structures shall comply with all applicable building codes.

d. For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area for a single user nor more than 150 square feet of gross floor area each for multiple users or be more than 10 feet in height, and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.

e. Equipment cabinets or structures shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight (8) feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least six (6) feet.

23. Removal of Abandoned or Outdated Antennas and Towers. Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Township of Mendham notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within said ninety (90) days shall be deemed a violation of the Mendham Township Municipal Land Use Ordinance and in addition to other applicable fines and penalties shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer for such construction as required under all applicable Township ordinances.

24. Exceptions. All new towers or antennas in the Township of Mendham shall be subject to the regulations contained in this Subsection 21-4.6.f., except that:

a. Amateur Radio Station Operators/Receive Only Antennas. This Subsection 21-4.6.f. shall not govern any tower, or the installation of any antenna, that is less than seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

b. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this Chapter XXI, other than the requirements of Subsection 21-4.4.f.7. and 21-4.6.f.8., absent any enlargement or structural modification or the addition of any structures.

c. Parabolic Satellite Dish Antennas. This Subsection 21-4.6.f. shall not govern any parabolic satellite dish antennas.

25. General Requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:

a. In granting a conditional use permit, the Approving Authority may impose condition to the extent the Approving Authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

b. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey.

c. Payment of applicable fees and escrows as set forth in Chapter XIII of the Mendham Township Municipal Land Use Ordinance.

g. Accessory Buildings which individually or when aggregated with other accessory buildings exceed 2,000 square feet of footprint shall only be permitted in conformance with the following regulations and standards:

1. Such accessory buildings shall only be permitted in the R-3, R-5 and R-10 zones .

2. Such accessory buildings shall only be permitted on lots larger than the minimum requirement for the R-3, R-5 and R-10 zones provided that, for each 1,000 square feet of footprint in excess of 2,000 square feet, or portion thereof, the lot shall contain a minimum additional area of three acres in excess of the minimum required.

3. Minimum setbacks for such accessory buildings over 2,000 square feet of footprint shall be in accordance with Subsection 21-4.9 "Supplementary Setback Regulations."

4. Such Accessory building shall be subject to minor site plan approval in accordance with Subsection 16-8.3 and the notice requirements of Section 13-7 of this Chapter.

a. Conditions. LIH as required by and regulated in this chapter shall meet the following conditions:

1. LIH units within each such development in the CR-1 and the CR-2 Zones shall be made available exclusively to limited income households at the ratio of not less than fifty percent (50%) low income households nor more than fifty percent (50%) moderate income households.

2. For purposes of this subsection 21-4.7, a low income household is one having a total income which is not more than fifty percent (50%) of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentage may be amended from time to time as provided in this subsection 21-4.7. For purposes of this subsection 21-4.7, a moderate income household is one having a total income which is not less than fifty percent (50%) nor more than eighty percent (80%) of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentages may be amended from time to time as provided in this subsection 21-4.7.

3. Occupancy of LIH units constructed under the provisions of this ordinance shall be limited to low and moderate income households as defined in this ordinance and shall be affordable to such households as follows:

(a) In establishing affordability of a unit of a given number of bedrooms, such units must be affordable to household sizes as set forth below:

1.bedroom unit 2 person household

2.bedroom unit 3 person household

3.bedroom unit 5 person household

(b) In the case of LIH units offered for sale, each unit shall be affordable to a household earning no more than eighty percent (80%) of the ceiling income for that household, by household size and income category, spending not more than twenty-eight percent (28%) of its gross household income for the sum of the following: (i) principal and interest on a mortgage, based on a ten percent (10%) down payment and realistically available mortgage interest rates; (ii) property taxes as currently levied in Mendham Township; (iii) insurance; and (iv) homeowners' association fees, if any. The proposed prices of LIH units to be offered for sale, and the calculations by which those prices have been determined, shall be submitted for approval by the applicant as a part of the application for preliminary site plan approval.

(c) In the case of LIH units offered for rent, they shall be rented for no more than thirty percent (30%) of the gross household income of the low or moderate income household, said rental to be inclusive of all services, maintenance and utilities. In the event that any utility or other charges are paid directly by the tenant, the maximum rental of thirty percent (30%) shall represent the sum of the contract rent and all such utility or other charges. Rents shall be set individually for each tenant on the basis of individually verified household income.

4. Sale or rental of LIH units shall be on the basis of income and residency of applying eligible households. Where the number of applicants exceed the number of LIH units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available LIH units shall be consistent with the proportion of income categories as provided in subsection 214.7a.1. Notwithstanding anything to the contrary contained herein, indigenous limited income household applicants within the respective low or moderate income categories shall be given preference at all times over non-indigenous limited income household applicants within the same category.

5. All applicants for the purchase or rental of LIH units shall meet the income qualifications established in this chapter at the time the application is filed and shall be qualified at the time of taking title or occupancy.

6. All tenants of rented LIH units shall be required to give proof of continued income qualification on the first and each subsequent anniversary date of taking occupancy. A household that ceases to meet the qualifications as a low income household but does meet the qualifications of a moderate income household may continue to occupy the unit, and the next moderate income unit to become available which is owned by the same owner as the unit changing from low to moderate income occupancy shall be rented to a low income household. Any tenant household having an income which on the first or any subsequent anniversary date of taking occupancy exceeds one hundred twenty-five percent (125%) of the current maximum income limitation for moderate income household shall be required to vacate the rented unit upon nine (9) months written notice. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this chapter shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed thirty percent (30%) of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate income household. In the implementation of this paragraph 6, income limitations shall be as adjusted for household size.

7. Any developer submitting an application for development which includes LIH units shall submit a plan for resale or rental controls to insure that the LIH units remain affordable to low and moderate income households for at least thirty (30) years. Such plan shall contain all of those provisions set forth in this subsection, as well as conform to any regulations or guidelines adopted by the township or any governmental agency or nonprofit entity delegated this authority by the Township of Mendham.

(a) Any plan for controlling the resale of LIH units shall permit the owner of such units, upon resale, to sell that unit for:

(i) The original sale price plus the original sales price multiplied by seventy-five percent (75%) of the percentage increase in the Consumer Price Index between the date of initial purchase and the date of resale;

(ii) Reimbursement for documented monetary outlays made for reasonable property improvements; and

(iii) Reasonable costs incurred in selling the unit.

(b) Any such plan shall provide that the low income units upon resale may be sold only to low income households, and the moderate income units to either low or moderate income purchasers; provided, however, that the administering agency may establish reasonable provisions for waiver of this condition on a case by case basis in the event it finds that a particular unit may not feasibly be sold subject to this condition. In the event that the administering agency grants such a waiver, it may provide that the unit be sold at the formula price, and that the resale controls remain in effect for any subsequent sale of the unit.

(c) The township may administer these controls directly, or may enter into an agreement with a nonprofit corporation or other governmental entity, or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the township require the developer to administer these controls as a condition of approval, nor may the resale controls be administered merely by the existence of a deed restriction on the property.

(d) Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval, and shall be subject to approval by the township attorney and by the administering agency. All deed restrictions shall be consistent with all of the provisions of this section, and with any regulations or guidelines adopted by the administering agency.

(e) Any LIH unit offered as a rental unit shall continue to be offered as a rental unit for at least fifteen (15) years. After fifteen (15) years, they may be converted to condominium or cooperative occupancy, but must be sold at prices affordable to moderate income households, as defined herein, occupied by low or moderate income households, and subject to such resale controls as may be necessary to insure that the units will continue to be affordable to moderate income households for the remainder of the thirty (30) year period commencing with the issuance of certificates of occupancy on the last LIH unit in that development.

(f) The administering agency, subject to review by the township at the option of the governing body, shall adopt such regulations and guidelines as may be necessary to carry out the provisions of this subsection 21-4.7a7.

7. Notwithstanding any other provisions of this section 21-4.7, the Township of Mendham shall have the right to purchase, either directly or through a governmental agency or authority or through a corporation under contract with the township, any or all LIH units constructed in any development. Such right must be exercised by written notice to the developer within thirty (30) days after the issuance of a construction permit or permits for the unit or units involved. Notice shall be mailed by certified mail, return receipt requested, to the developer at the address of the developer set forth in the application for construction permit, and the notice shall become effective upon mailing.

The purchase price for any unit shall be the agreed upon estimated highest price at which the unit could be sold to a qualified low or moderate income purchaser, as the case may be.

Closing of title on the purchase of any unit or units shall take place within thirty (30) days after the issuance of a certificate of occupancy for the unit or units.

b. Administration. Except as to the provisions of subsection 21-4.7a7, the administration and enforcement of the provisions of this chapter as they pertain to LIH units shall be undertaken and performed by the township finance officer, unless the township committee shall by resolution designate a governmental agency or nonprofit entity to undertake and perform such responsibilities.

c. Periodic Review for Modification of Standards. The standards established in this chapter for qualification as a low income household, a moderate income household and the rental allowed to be charged for occupancy of LIH units shall be reviewed periodically by the township committee which shall, from time to time, adopt such amendments to this chapter as are required to assure that such standards conform to the applicable decisional and statutory law of New Jersey. In the event that the standards established by this chapter are so amended hereafter, such amended standards shall apply to any LIH units which have been constructed pursuant to this chapter and which are in existence at the time that such standards are so amended.

In order that lots created by subdivision approval shall have appropriate geometries and suitable areas for utilization and development, the following standards shall be met for new lots created in the R, R-1, R-2, R-3, R-5 and R-10 zone residence districts:

a. Lot Geometry. Each lot shall comply with all bulk requirements set forth in the Schedule of Requirements set forth on the Zoning Map. Each lot shall be of such geometry, size and shape so that

1. A lot geometry circle (LGC) can be inscribed entirely within the lot lines, tangent to the street right of way line (whether a public or private street), and

2. All lot lines hereinafter established which intersect with a public or private street shall be perpendicular or radial to the side line of such street for a minimum distance equal to the radius of the LGC applicable in the district and measured from said point of intersection.

b. Net Building Envelope Area (NBEA). Each lot shall contain a net building envelope area (NBEA) and a building envelope circle (BEC) as set forth in the Schedule of Requirements set forth on the Zoning Map.

The minimum setbacks set forth on the Schedule of Requirements, are applicable as minimum dimensions. Minimum setbacks shall be increased in the following circumstances:

(a) Structures with heights over twenty (20) feet:

1. In the R-3 zone the minimum setback of a structure with a height over twenty (20) feet shall be increased by one (1) foot, for each one (1) foot of the height of the structure in excess of twenty (20) feet.

2. In the R-5 zone the minimum setback of a structure with a height over twenty (20) feet shall be increased by two (2) feet, for each one (1) foot of the height of the structure in excess of twenty (20) feet.

3. In the R-to Zone the minimum setback of a structure with a height over twenty (20) feet shall be increased by three (3) feet, for each one (1) foot of the height of the structure in excess of twenty (20) feet.

(b) Accessory buildings with footprints over 1,000 square feet:

In all zones, the minimum front, side and rear yard setbacks for an accessory building of over 1,000 square feet of footprint shall be increased by 1.5 feet for each 100 square feet of footprint in excess of 1,000 square feet or portion thereof.

a. The Residential Cluster District encompasses a unique and long established neighborhood of 37 single family homes and other buildings on a single lot of approximately 28 acres designated as Block 127, Lot 69.

b. All the land and improvements are owned by a cooperative legally know as Woodland Lake, Inc. to which shares are owned by individual cooperators largely made up of the residents.

c. The Cooperative is governed by a Board of Directors which has the authority to control development on the entirety of the property and is in the position to balance the interests of individual cooperators with the overall interests of the Cooperative as a whole.

d. Conventional single family zoning can not reflect these facts and the characteristics of the neighborhood without making the administration of land use regulations unnecessarily cumbersome, time consuming and costly for both the Township and members of the Cooperative.

e. The continuation of the Cooperative promotes increased variety of housing in the Township and preserves valuable open space.

f. Zoning should reflect and promote the continuation of the established pattern of development in the neighborhood.

g. Zoning standards should be designed to minimize the need for applications to the Zoning Board of Adjustment.

h. The establishment of the minimal regulatory requirements regarding the distance between buildings set forth in this section is not intended to encourage the relaxation of any more stringent requirements that may be required by the Board of Directors of Woodland Lake, Inc. Therefore, these less stringent standards should not serve as a basis for variance relief that may be sought by an applicant before the Zoning Board of Adjustment nor in support of a challenge to a determination of the Board of Directors.

A map entitled Map of Common Open Space and Internal Roads Referenced in Section 21-4A2 of the Land Use Ordinance of the Township Of Mendham prepared by Maser Consulting Engineers dated May 22, 2007, is hereby declared to be the Map showing the location of the common open space and internal' drives for the purpose of establishing the setbacks required by this section.

The common open space shown on the Map shall be for the use and enjoyment of residents of the district in common.

a. Permitted uses. The following uses and structures are permitted in the common open space:

1. Recreational improvements intended for the use of the residents of the district, and

ii. A building for meetings and recreational activities of the residents of the district of no more than 1,200 square feet of floor area.

iii. Buildings for the storage of equipment and supplies associated with the maintenance of the common open space.

iv. Septic systems for the Cooperative.