b. Professional practice: one space per dwelling unit plus four spaces for each 200 square feet of floor area so used, or any fraction thereof.
c. Home occupation: one space per dwelling unit plus two spaces for each 200 square feet of floor area so used, or fraction thereof.
d. Club or other place of amusement or recreation, library, museum, art gallery or other cultural institution, church, school auditorium or other place of public assembly: one space for every three seats based upon maximum seating capacity. Any place not having seating capacity for patrons or assemblage shall provide one space for every three persons, based upon attendance capacity.
e. Business, commercial, professional, governmental establishments or retail stores permitted in the business district: one space for every 100 square feet of total floor area.
Whenever any structure is proposed to be erected, enlarged or altered on any property in any residence district or in the business district to be used for a permitted institutional, either conventional or limited income multi-unit residential, public utility, park, playground, private recreation club, agricultural, horticultural, municipal use or conditional use, a site plan shall be submitted to the planning board which shall conduct a hearing thereon as provided by law, and no construction permit shall be issued prior to planning board approval of the site plan.
Notwithstanding any other provisions of this chapter, a one family residential structure may be constructed on a flag lot in the R-5 and R-10 zones having less than the required frontage on a street, provided that all of the requirements of this Section 21-9 are met.
The provisions of subsection 21-4.4.f permitting a detached dwelling for guests or employees as an accessory use shall not apply to a flag lot.
In the R-5 and R-10 zones, a maximum of two flag lots may be created as park of a subdivision in accordance with the following:
a. The front setback for a flag lot abutting the frontland lot or another flag lot shall be 1.5 times the setback otherwise required in the zone. In the R-5 zone a flag lot shelf have a minimum lot area of 7.5 acres excluding the area of the flag lot staff. In the R-10 zone a flag lot shall have a minimum lot area of 10 acres excluding the area of the flag lot staff. All other bulk standards applicable to a conventional lot in the: zone shall continue to apply.
b. The flag lot shall have a minimum frontage of 50 feet on the Flag Lot Staff. Adjacent flag lots may share a common Flag Lot Staff.
c. In no case shall a driveway to a backlands lot be constructed less than fifty feet from an existing dwelling on an adjacent parcel.
d. A fire protection system pursuant to Section 16-10.(w) shall apply in the case of the development of two flag lots.
a. The strip of land designated as a flag lot driveway shall, in the case of a single flag lot, be owned by the party holding title to the flag lot. The area of the flag lot staff shall not be included in calculating the area of the flag lot.
A Common Driveway providing access to more than one lot shall be in the joint ownership of the parties holding title to the flag lots.
b. A flag lot driveway shall not be nearer than the width of two conventional lots in the zone to any other flag lot driveway al the point of intersection with the same state, county or municipal roadway.
c. Flag lot driveways shall be built in accordance with the requirements of Section 16-10.4(b).
Development of a Flag Lot shall proceed in accordance with the provisions of Chapter XXIV - Lot Development Permit and shall include inspections by the Township Engineer to assure compliance with the provisions of Section 16-10.4.
**Webmasters Note: The previous section, 21-9, has been amended as per Ordinance No. 13- 2005.
Subdivision developments in the R-5 and R-10 Zones are encouraged to be designed according to the principles of lot size averaging in order to promote the following:
a. A mix of lots of varying sizes and configurations within neighborhoods consistent with the Township's historic development pattern;
b. Subdivision roads designed to follow the natural contours and features of the land consistent with the character of the Township's historic rural roads, and thus less disruptive to the environment and ,potentially. shorter and less, costly to build and maintain;
c. The preservation of permanent private or public open space, especially areas important to environmental protection and the preservation of community character.
Lot size averaging shall be permitted in the R-5 and R-10 Zones.
The number of lots that may be created by subdivision for lot size averaged subdivisions may be determined by either one of the following options, at the discretion of the developer:
a. Lot yield may be the same as a conventional subdivision complying with all of the minimum requirements contained in the Schedule of Requirements for the zone district as verified by the submission of a concept subdivision plan; or
b. Lot yield may be determined utilizing the formulas below which compensate for the extra land typically needed for a conforming conventional subdivision, especially for roads, where,
L = total permitted number of lots,
T = total tract acreage, and
L shall be rounded to the nearest whole number:
i. In the R-5 Zone:
L=(0.85xT) / 5
ii. In the R-10 Zone:
L=(0.90xT) / 10
The Planning Board may permit one or more additional bonus lots for dedication of public open space in accordance with the following:
a. One bonus lot for every 20 acres of land deeded to Mendham Township dedicated for public open space or conservation purposes.
b. One bonus lot for every 20 acres of land as to which a conservation easement is conveyed to Mendham Township.
c. The Planning Board shall determine that the land to be dedicated is suitable for public open space purposes, including but not limited to:
- areas important to the protection of environmental resources,
- areas containing contributing historic resources as documented in State and National Historic Register Registration Forms,
- areas adjacent to existing public open space,
- roadscape areas that preserve community character.
A bonus lot shall not be granted if more than one-half of the tract proposed to be dedicated consists of wetlands, wetland or stream buffers, or steep slopes.
d. In lieu of deeding or conveying a conservation easement to Mendham Township as provided in paragraphs 21-10.4 (a) and (b), one bonus lot for every 20 acres of land may be permitted in accordance with the following:
1. The property owner may, with the consent of the Township, deed the property or convey the conservation easement, by means of a document signed by both the grantor and the grantee, to a trust or other entity which is tax exempt and authorized by its charter or applicable law to hold a conservation easement, provided that any such entity is a qualified organization within the meaning of Regulation Sec. 1.170A-14 (c) (1) of the Internal Revenue Code as amended from time to time;
2. The Township will consent to conveyance to such an entity provided that it is of recognized standing, chartered in New Jersey and has engaged in other such transactions for at least the last ten years; and
3. The deed or conservation easement agreement shall provide:
"If at any time the Grantee shall cease to act as a not-for-profit entity with one of its primary purposes being the preservation of natural resources and open space, shall be liquidated or dissolved, or falls into inactivity and does not actively manage the open space for which it is responsible, the interests granted to the Grantee under this [deed] [easement] shall be transferred and assigned to the Township of Mendham or a non-profit corporation that is approved by the governing body. For purposes of implementing the provisions of this paragraph and in circumstances where a conveyance document is not readily obtainable from a duly authorized officer of Grantee, the parties do hereby name and designate the Township Attorney of the Township of Mendham as Attorney in Fact to execute and deliver to the Township of Mendham a document which transfers, conveys, and assigns to the said Township all of the Grantee's right, title and interest hereunder."
**Webmasters Note: The previous subsection, d., has been added as per Ordinance No. 10- 2004.
Notwithstanding any other provisions of this chapter, lots in lot averaged subdivisions shall comply with the following standards:
a. In the R-5 Zone, all lots shall comply with the minimum bulk standards of the R-3 Zone as contained in the Schedule of Requirements.
b. In the R-10 Zone, all lots shall comply with the minimum bulk standards of the R-5 Zone as contained in the Schedule of Requirements.
All lots larger than five acres in the R-5 Zone and ten acres in the R-10 Zone, which are part of a lot averaging subdivision, shall be subject to the following permanent deed restriction:
'This lot was subdivided pursuant to the lot size averaging provisions of the Mendham Township Zoning Regulations. Further subdivision of this lot described herein is prohibited. This restriction shall run with the land described herein and is binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Mendham. "'
This chapter shall be enforced by the construction official. The construction official shall in no case issue a construction permit for the erection or structural alteration of any building, nor grant any occupancy permit for any building or land unless the proposed construction, structural alteration or use thereof is in conformity with the provisions of this chapter and any required approvals or variances granted in accordance with law.
The construction official is empowered to cause any building, structure, place or premises, to be inspected and examined and to order in writing the remedying of any condition found to exist therein, or thereat, in violation of any provision of this chapter.
Prior to occupancy or use, a certificate occupancy shall be obtained from the construction official for any of the following:
a. Occupancy and use of a building hereafter constructed, enlarged, relocated, reconstructed or altered.
b. A change in the use of a building.
c. Occupancy and use of vacant land or change in the use of land, except for any use consisting primarily of tilling the soil.
No certificate of occupancy shall be issued unless the proposed occupancy is in full conformity with all the provisions of this chapter and any other applicable requirements of law.
A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as such building and the use thereof, or the use of such land is in full conformity with the provisions of this chapter and any other applicable requirements of law. However, on the serving of notice of any violation of any of the provisions or requirements with respect to any building or the use thereof or of land, the certificate of occupancy for the use shall, without further action, be deemed null and void, and a new certificate of occupancy shall be required for any further use of such building or land.
A duplicate copy of every certificate of occupancy issued shall be filed with the township tax assessor. A record of all certificates of occupancy shall be kept in the office of the construction official, and copies shall be furnished upon request to the planning board or to any person having any legal interest in the building or land affected.
**Webmasters Note: The previous sections, 21-9.5.d through 21-11.2.c, have been amended as per a supplement dated 10/14/03.
