Any zoning permit and certificate of occupancy for a commercial use-related dwelling unit to a commercial use or activity shall remain valid only so long as the said unit is occupied by the owner or manager of the said commercial or retail use or activity. The Land Use Board shall determine relationship between the occupants of a commercial use-related dwelling to the commercial use to which it is attached based on information to be supplied to it by the owner of the commercial use which reasonably show employment by or bona fide connection to said commercial use. Examples of commercial use activities that might require on-site residence of the owner, manager or an employee might include, but are not limited to, a marina or a public storage facility.

When the said dwelling is no longer occupied by the owner, manager or other employee of the principal commercial use of the property as might be permitted by the Land Use Board, then the dwelling unit shall be used strictly for commercial or retail activities and a revised site plan for the conversion of the dwelling unit into such use shall be submitted and approved by the Land Use Board. Said revised site plan shall not be required if the size of the dwelling unit is less than 5% of the square footage of the primary commercial or business use structure.

Continued use of the dwelling unit in conjunction with the primary commercial or business use of the property by other than the owner of the property or a manager of the business use shall then require a variance for said dwelling unit in accordance with the provisions of § 145-9G(4)(c) of this chapter. It is the intent of this subsection to only permit a residential use to an active business or commercial activity by its owner or manager where such use seems appropriate and reasonable to continued commercial use of the property. When not utilized by the owner or manager of the commercial activity then it is incumbent upon the owner of the said commercial use-related dwelling unit to prove that it can be utilized without creating conflicts between residential and commercial activities being carried out on the same property.

The location of all fuel tanks and pumps,

The dimensions and capacity of each tank,

The depth the tanks will be buried below ground level,

The location and use of all structures, whether principal or accessory, to be constructed on site, and

The location and maximum number of automobiles or motor vehicles in need of service which are to be garaged or parked on the premises at one time.

Sufficient on-site area shall be provided to permit cars or other vehicles waiting for service. Such waiting areas shall be suitably screened from adjoining properties.

All wastewater generated from such uses shall be recycled, and such wastewater not able to be allowed to leave the site through surface runoff or storm drains.

Class I animals: Horses, ponies, donkeys, cows, cattle and other animals belonging to the biological order of perissodactyla, and llamas, alpacas or similar South American pack animals.

Class II animals: Pigs, goats, sheep, ostriches, emus or similar large birds raised for meat or feathers, or other animals commonly referred to as "livestock."

Class III animals: Any feathered vertebrate animal, including, but not limited to, chickens, geese, ducks, turkeys, hens, pheasants or other animals commonly referred to as "barnyard."

Class IV animals: Common household pets such as dogs, cats, pet birds such as parakeets, parrots, songbirds or exotic birds, guinea pigs, or other animals, except ferrets or pigs, kept as pets and reasonably expected to be sold in a shopping center-type pet store.

Class V animals: Fox, mink, or animals bred for their fur, including rabbits (except in the case of one or two being kept as domestic pets), monkeys, snakes or other wild or undomesticated animals which by state or federal law require a license to be kept in captivity.

Not more than one Class I animal shall be kept on a lot of at least two acres in size, provided that said animal is kept enclosed in a pen or corral containing not less than 5,000 square feet in area. Each additional Class I animal shall require an additional acre in lot area and an additional 2,000 square feet or pen or corral space area. At a minimum, box stalls of 100 square feet and/or straight stalls of five feet by eight feet per animal within a barn or stable shall be provided. No animals shall be housed or manure stored outdoors closer than 100 feet to any adjacent street or property line.

In any residential district on a lot of at least 1 1/2 acre in size, not more than two Class II animals (except pigs) or 12 Class III animals may be kept, except in the case of cattle, wherein the lot size shall be no less than three acres. The keeping of pigs shall be prohibited in all residential, business or industrial zoning districts. All Class II or Class III animals shall be kept enclosed in a pen, corral or other suitable enclosure with appropriate animal housing provided. No animal shall be housed, however, or manure stored outdoors closer than 100 feet to any adjacent street or property line.

The keeping of Class IV animals shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of the property and structures thereon for such activity. When so determined a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.

All fencing in connection with the enclosure of animals shall be installed no less than 10 feet from all adjacent property lines and at least 50 feet from the nearest dwelling, excluding the dwelling of the animals' owner(s). In the case of the electrified fencing, the provisions of § 145-43D(5) shall apply.

The above referenced limitations on various classes of animals shall not be applicable to the A Agriculture zoning district or any bona fide farm as defined in this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Commercial; provided, however, that if best management practices have been promulgated by the N.J. Department of Agriculture for any Class V animals, any person proposing to undertake such activity shall be required to seek a use variance including site plan review to ensure that said best management practices are adhered to and public health, safety and welfare are adequately provided for in connection with such activity.

An apiary shall be permitted on any lot of at least two acres in size, provided that hives or housing for the bees shall be located no less than 100 feet from the nearest dwelling, except the hives' owner(s). All hives or bee housing shall be located at least 25 feet from any property line if the adjoining property is not vacant land.

Animal runs and any other outdoor animal areas shall be no less than 50 feet from adjacent property lines.

Off-street parking facilities shall be provided on the premises in such quantity as shall be determined by the Land Use Board and § 145-47.

Adequate screening and/or buffering as per § 145-72D shall be provided to reasonably protect adjoining properties.

Any such use shall be reasonably free of noise, odor or other objectionable nuisances to adjoining or nearby properties; and, in granting approval, conditions may be imposed upon an applicant to eliminate or reduce any such nuisances.

Temporary use of one mobile home or trailer structure for "job trailer," as an accessory use to a permitted use construction site on the same lot therewith for a period to be set forth on the permit therefor and as determined by the Land Use Board based on reasonable projected construction time, shall be permitted. The temporary use and location of said mobile home or trailer structure shall cease upon expiration of the time period set by the Land Use Board or within 30 days of the issuance of a certificate of occupancy for the said permitted use so constructed, whichever occurs first. In no case shall the permit for said temporary use exceed 18 months.

Temporary residential use of one mobile home or trailer by the owner(s) of property for which zoning and construction permits have been issued for the construction of a residential structure on said property and where said property is at least one acre in size and as a temporary accessory use to said permitted residential construction, provided that:

Temporary use of a mobile home during an emergency situation. Temporary use of one mobile home shall be permitted when an existing residential structure has been destroyed or made uninhabitable in a disaster or emergency situation such as a fire, flood or other catastrophe, and only when said mobile home is to be occupied by the owner of the said destroyed or damaged residential structure and, when a new structure is permitted to be on the site and while the new residential structure is being constructed or the damaged structure is being repaired. Said use shall be for a period of not more than 12 months which period may be extended for an additional period of not more than six months in the event that the Zoning Officer is of the opinion that the emergency condition cannot be corrected within the original twelve-month-period. In no event, however, shall the emergency occupancy of the mobile home be more than 15 days after a certificate of occupancy is issued for the repaired or a replacement dwelling. Said temporary use of an independent mobile home or manufactured home in an emergency situation as noted above shall be in accordance with the following conditions and requirements:

A mobile home shall only be located on a lot having frontage on a publicly dedicated, improved street or road. The mobile home shall comply with all maximum and minimum standards as contained in the Schedule of District Regulations for the zoning district in which it is to be located.

All mobile homes shall conform to the standards contained in the Mobile Home Construction and Safety Standards Code, hereby adopted by reference and shall be served by water supply and sanitary sewer systems approved by the local health authorities.

All mobile homes shall require a zoning permit, construction permit and a certificate of occupancy.

All mobile homes shall be placed on a safe, permanent and adequate foundation supporting the under frame and shall have skirting installed or placed entirely around the said foundation. Said skirting shall be designed of a material and color that will reasonably match or be compatible with material and color of the mobile home around which it is installed. Any mobile manufactured home shall sit on a concrete pad with block skirting.

Each mobile home shall be considered a residential dwelling and shall be provided with a minimum of two off-street parking spaces and adequate turnaround area on the lot on which it is located.

Any mobile home shall be assessed for local taxes as real property together with the land on which it is situate, and all appliances and equipment which are part of the mobile home, shall be considered as fixtures for the purpose of determining the assessed value of said property for tax purposes.

No mobile home shall be attached or joined to an existing dwelling or structure. Any additions, decks, patios or sunrooms to be constructed or located in connection with a mobile home shall be subject to the Uniform Construction Code[6] and the provisions of this chapter.

No mobile home or trailer, including a trailer used for over the highway shipment and transport of goods and pulled by a truck or tractor, may be permanently used as a storage facility, dwelling or housing for animals. Notwithstanding the requirements contained herein this subsection, the Land Use Board may permit as part of site plan approval the parking of a trailer with wheels to place goods or items collected or manufactured on site for shipment or transport away from the site from time to time as the trailer is filled. An example of such use of a trailer for storage would be a retail tire store which stores used tires as they are discarded for removal from the site.

In accordance with Commercial Township Ord. No. 2001-422[7] the obtaining a moving permit from the Zoning Officer is required prior to any mobile homes, modular homes and preexisting dwelling units being moved into the Township for permanent placement.

Any mobile manufactured home being relocated into the Township of Commercial shall be less than five years of age.

Any mobile manufactured home being relocated in the Township of Commercial shall meet the requirements of the Uniform Construction Code and have a valid HUD label pursuant to N.J.A.C. 5:23-4b.5.[8]

A neighborhood commercial center shall be designed to blend with its environs, man-made and natural, and be designed as a unified whole with harmony of design and architecture and in its overall layout, including landscaping and other facilities provided for use by the occupants or customers of the center. All units of such a center shall be required to maintain the overall design and architecture of the center and any remodeling or additions shall conform and utilize said design and architecture.

The planned neighborhood commercial center shall be developed as a singular grouping of uses and/or with separate "pad" sites provided that all uses shall be designed to achieve a harmonious whole. For purposes of this section, a pad site is an area reserved for the future development of a freestanding commercial use in a planned neighborhood commercial development, i.e., shopping center.

The planned neighborhood commercial center shall abut and have their principal access onto a collector or arterial road.

The minimum setback for a planned neighborhood commercial center from any public right-of-way shall be 30 feet and 200 from any scenic corridor.

Off-street loading and parking facilities shall be provided in accordance with the provisions of §§ 145-46 and 145-47 of this chapter.

Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines and property lines abutting a residential zoning district or residentially used property; and a space of 10 feet in width separating each double-tiered parking bay.

A planned neighborhood commercial center shall provide the following:

The maximum height permitted for a structure in a planned neighborhood commercial center, excluding signs, shall be 35 feet.

Within planned neighborhood commercial centers residential units may be permitted as an accessory use when approved by the Land Use Board, provided that said units meet the following standards:

In reviewing an application for a planned neighborhood commercial center, the Land Use Board may require a marketing analysis in order to determine whether the proposed center is designed to meet the intent of this section and the existing or projected need. The Board may request at the applicant's expense that a consultant of its choosing be obtained to perform or analyze the market analysis. It shall be the responsibility of the applicant to demonstrate the need for the proposed commercial center and reasonably justify its establishment based on the standards and regulations provided herein this section.

Along with farmland, the property involved also includes lands of a nature worthy of preservation such as woodland, threatened or endangered species habitat, or some other environmentally sensitive areas.

The farmland proposed for preservation is sufficient in size to be viable for farming and that existing adjacent land use(s) is/are not a threat to the continued viability of farming of such preserved farmland.

The lands to be preserved, either farmland or environmentally sensitive open space is adjacent to other similar lands which would provide a basis for preservation of significant acreages which would support protection.

The proposed residential units are 20 lots or less thereby reducing the need for active open space facilities on site or the applicant has requested permission to make a contribution in lieu of providing recreational facilities on site.

At least 25% of the total open space saved shall be used for one or more of the following active recreational purposes: golf courses with accompanying club houses and facilities, swimming pools and cabana clubs, tennis, badminton, volleyball and basketball courts, playing fields, riding clubs, limited membership outdoor recreational areas, or private landscaped areas.

The remaining portion of open spaces saved shall be permanently devoted to one or more of the following open land uses: parks or playgrounds, woodland conservation areas, game preserves, wildlife refuge, pedestrian walkways, bicycle paths and bridle trails, stream preservation, and watershed protection or flood control areas. An application for a cluster development shall clearly identify all open space areas and its proposed land uses.

The provisions of this Subsection J(1) and (2) above shall not apply when the full 50% open space set aside required is to be preserved farmland. If only a portion of the said required open space set aside is to be preserved farmland, then the remaining open space lands necessary to make up the 50% total, shall comply with Subsection J(1) and (2) above. All of the land so required to be preserved for open space excluding farmland as set forth hereinabove shall be under the supervision of a homeowners' association required for planned residential cluster developments.

Portions of the open space and recreational areas are readily accessible to all residential dwelling units.

The uses being designated for open space and recreational areas are reasonably related to and appropriate and sufficient to meet the needs of the project's residents for a variety of uses appealing to all socioeconomic levels and age groups.

The uses designated for open space and recreational areas will be functional upon the arrival of the residents who will use them.

The topography and environmental character of the land is suitable for the uses proposed, and the uses will not cause unreasonable adverse impacts to the ecology of the area incapable of being mitigated.

The open space and recreational areas are conveniently and appropriately designed with regard to the projects pedestrian and vehicular traffic patterns, to provide adequate access to, in, around and from the uses proposed.

Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways, roadways, driveways and landscaping, in order to qualify the lands for acceptance by the Township.

Any land offered to the Township shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended.

The lands offered to the Township shall be subject to review by the Land Use Board, which in its review and evaluation of the suitability of such land, shall be guided by the adopted Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan for the community's recreational and open space needs, and by the accessibility and potential utilization of such lands by the public. The Land Use Board may request an opinion of other public agencies or individuals as to the advisability of the Township's accepting any lands to be so offered. In making this evaluation, particular consideration shall be given to the impact of public access to the proposed open space or recreational lands upon the residents of the cluster development and surrounding residentially used lands.

Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at time of submission of the final plan to the Land Use Board for review and approval or if after approval, when offered by the owner after and prior to formal acceptance by the Township. The deed shall contain such restrictions as may reasonably be required by the Land Use Board to effectuate the conditions noted above pertaining to the use of such areas. Should the subdivision or development consist of a number of development stages, the Land Use Board may require that acreage proportionate in size to the stage being considered for final approval be offered to the Township simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

The minimum size of each parcel offered to the Township shall be five acres.

Nothing herein shall be construed or intended to imply that the governing body of the Township is required to accept lands so offered, except that the governing body when considering acceptance of such lands shall take into account the findings of the Land Use Board.

The proposed development, its design and layout, and its size will not be detrimental to the surrounding neighborhood or to the intent and purposes of this chapter or the adopted Township Master Plan. Furthermore, the design shall be such that the use of the clustering achieves maximum benefit in the use of land, preservation of open space and good development design principals and techniques;

An environmental impact statement has been required, reviewed and found to determine that as proposed the development will not unreasonably adversely affect the environment of the lands upon which it is to be located or those adjacent thereto, or to create reasonable demonstrable adverse impacts off site; and

Cluster development as proposed will create a residential project harmonious with its environment and surrounding development.

All conditions of this chapter have been met;

The applicant satisfies the Land Use Board that the mined area, when completed, will be suitable and appropriate for the type of development which was set forth in an earlier approval or which the applicant and the Land Use Board agreed would be the type and quality suitable to the development to be permitted after the cessation of mining;

That the applicant owns the land upon which the mining will take place;

The applicant posts appropriate bond to ensure that reclamation occurs as represented, and that the Land Use Plan is implemented in accordance with the representations set forth therein;

Roads in the area where mining is to occurs are deemed in suitable condition for the commercial-type traffic generated by the proposed sand mining;

The sand mining will not have an adverse on the residential, commercial, conservation or recreational activities and uses in the area, and the applicant for a resource extraction conditional use permit meets his burden of proof to show that there will be no deleterious effects thereon;

Traffic patterns in the area where mining will occur will not be disrupted or adversely affected during the period when active sand mining is taking place;

There will be no detrimental effect upon any municipal entities in the area such as, but not limited to, schools, recreational areas, police or other such public activities, services or uses.

Size of tract. Any tract of land to be used for a earth extraction operation shall be at least 25 acres in size unless it is contiguous to lands in the same ownership or leasehold interest used for active land mining operations at the date of the application for a permit, in which case the coordination of rehabilitation plans between new and existing uses will be required.

Setbacks.

Buffer zones. On the property covered by the setback requirements above, there shall be maintained with this setback an undisturbed buffer zone of natural foliage trees, or other suitable plantings of at least 100 feet in width, and such zones are to be specifically shown on the plans with a complete description of the type of natural cover containing thereon. The Land Use Board may require in its discretion, additional screening such as additional vegetative cover, landscaped earth mounds or berms, or dense evergreen plantings if necessary to properly screen or buffer the operation from surrounding uses.

Production and processing operations. All buildings, structures and equipment used for mining shall be constructed, maintained and operational in such a manner as to reduce, as far as practical, noise, vibration, or dust in order to minimize the impact on adjacent or surrounding uses.

Consistency with reclamation plan. All mining operations shall be conducted in a manner not inconsistent with the approved Reclamation Plan and in such a manner that the objectives of said Plan may be realized after the sand, gravel, and other material has been removed.

Access roads. Haul roads shall be located in such a manner as to minimize the impact on existing land uses and to avoid the routing of vehicles to and from the mining operation over streets or roads that primarily serve developed areas. Entrances shall be restricted to as few as are absolutely necessary, preferably no more than two unless warranted by specific conditions of the site or operation.

Signs. Traffic control signs shall be provided and maintained by the operator on internal roads and all entrances when necessary for safety reasons. All entrances shall be clearly marked with identification of the operator of the facility and type of facility. All entrances and routes shall be clearly marked in order to guide workers, haulers, and authorized visitors who may be unfamiliar with the site, to designated areas, i.e., offices, loading areas and similar locations. All areas where access is to be restricted because of safety reasons shall be clearly marked.

Security gate. Security gates or other suitable guard mechanisms shall be provided at all entrances leading to or from public roads or rights-of-way which shall prohibit access during periods of non-operation.

Dust and dirt control. Roads within the site shall be constructed in such a manner as to minimize and control the amount of dust created, including the amount of mud and dirt carried onto the public roads by the wheels of vehicles from the site which, when deposited on roads, will contribute to dust problems over a wider area. If deemed necessary, the Land Use Board may require special treatment at the areas where access roads meet public roads for a distance on the access road not to exceed 300 feet and with a width not to exceed 22 feet. The special treatment may consist of gravel, stone, oil treatment, or paving, as deemed appropriate.

Fire protection. There shall be provided at the plant and office facilities and at other location specifically requested by the Fire Chief of appropriate fire district wherein said plant and facilities are located, a water supply connection or hook-up facility for fire equipment use. Such facility shall be reviewed and approved by the Fire Chief of the fire district in which said plant and facilities are located.

Grading. No slopes that exceed the angle of repose of the particular soil type shall be permitted to remain. All slopes shall be maintained in a safe manner such that they are not subject to sliding or shifting.

Topsoil preservation. As an integral part of each resource extraction operation a sufficient amount of arable topsoil shall be set aside and retained within or near the permit area to cover disturbed areas in accordance with the approved Reclamation Plan. The amount required shall be a quantity which, when spread, will provide a minimum depth of six inches of topsoil, or an amount equal to that which was removed, whichever is less, throughout all areas to be restored (six inches is equivalent to 800 cubic yards per acre). This material shall, where practical, be used for temporary screening or creation of berms. All topsoil stockpiles must be treated, planted and graded in accordance with "Standards for Soil Erosion and Sediment Control in New Jersey," adopted by the N.J. Soil Conservation Committee, as amended, in order to minimize the process of erosion by wind or water upon adjacent properties, public roads or streams.

Erosion control. Erosion control methods shall be in accordance with the approved plan based on "Standards for Soil Erosion and Sediment Control in New Jersey," adopted by the N.J. Soil Conservation Committee, as amended.

Protection of vegetation. Existing trees, woods and ground cover shall be protected and retained to the maximum extent possible. Clearing shall be strictly limited only to those areas which are absolutely necessary for the proposed mining operation. Reestablishment of trees and vegetation shall be required in those areas which are unnecessarily destroyed. However, this provision shall not prohibit agricultural or forestry uses or activities permitted within the applicable zoning district.

Protection of water tables.

Exceptions. The person issued any permit for a land mining operation is responsible for the reclamation of the area in compliance with the approved Reclamation Plan on file with the Township unless the area is sold to a public agency and that public agency does not want the Reclamation Plan implemented.

Progressive reclamation. Land restoration shall be planned and implemented as contemporaneously as possible with the extraction of the resource considering the ultimate use of the area as set forth in the Reclamation Plan. Such restoration should include the following steps:

Timing.

Dry pit rehabilitation. The dry pit may be back filled with sand, gravel, overburden, topsoil or other nonnoxious, nonflammable and noncombustible solids, excluding junk or refuse. All other rehabilitation activities for dry pits shall conform to all other applicable standards of this chapter.

Wet pit rehabilitation. Like dry pit rehabilitation, the wet pit may be filled and any filling must be accomplished in accordance with the conditions set forth for dry pit rehabilitation. In the alternative, the wet pit may be converted into a lake in accordance with the approved Reclamation Plan and all other applicable standards of this chapter and applicable regulations.

Site clearance. All stumps, boulders and other debris resulting from the excavation or related activities shall be disposed of by approved methods. Nonvegetative natural debris like boulders or stone may be disposed of on site if covered with a minimum of two feet of soil.

Removal of topsoil. When topsoil is removed, sufficient arable soil as required by Subsection I(12) hereinabove shall be set aside on the site for spreading over the reclamation area. These stockpiles of topsoil should be used to minimize the effects of erosion by wind or water upon public roads, streams or adjacent land uses.

Slopes. All banks shall be left in accordance with the topography established in the approved Reclamation Plan and shall be sloped at a slope not exceeding three feet horizontal to one-foot vertical. Slopes under the water shall also be sloped no steeper than three feet horizontal to one-foot vertical for the first 25 feet from the normal water level of the pond. Thereafter, slopes shall not exceed a stable angle of repose of the soil material at the bottom of the pond.

Drainage. Reclamation should be accomplished in such a way that natural waterways and storm drainage where they enter or exit the premises shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural waterways or storm drainage shall not adversely affect public roads or neighboring land uses.

Grading.

Landscaping.

Whenever a resource extraction operation has been deemed abandoned by the Land Use Board, a new application shall be required for said operation to be restarted at the site.

Within six months, unless extended by a resolution of the Land Use Board, after notice of the termination from the operator of a resource extraction operation, or after a determination of abandonment of such operation, or whenever a resource extraction operation fails to operate according to the standards and requirements of this chapter after due notice, all unused structures, buildings and equipment along with all building, structures and equipment presently used in such operation shall be dismantled and removed by and at the expense of the operator last operating such building, structures and equipment.

Such buildings, structures and equipment need not be dismantled and removed and shall be exempt from such requirement for dismantlement and removal so long as same are in good repair and may reasonably be expected to be used for continued land mining operations or for some other purpose permitted in the zoning district wherein any such buildings, structures or equipment are located. The burden of providing that any such buildings, structures or equipment qualify under this exemption shall be the responsibility of the land mining company to establish by clear and convincing evidence.

Zoning conformance. The approved Future Land Use Plan shall be based on acceptable sound planning practices in conformance with existing zoning and all relevant Township and other applicable plans of the site.

Compatibility with surrounding land use. The approved Future Land Use Plan shall be compatible with adjacent and surrounding present land uses and potential future land uses.

Development pattern. Development shall be planned to avoid adverse impacts on the desirable future development and/or subdivision of adjoining land, and strip development along existing roadways shall be discouraged. The approved Future Land Plan should conform to design standards that will provide safe and efficient access to the neighborhood street and highway system, relate the design of the plan to the natural topography and existing vegetation cover of the site, and contribute to the harmonious development of the Township and enhance the public health, safety and welfare of the community.

Conformance with Reclamation Plan. The approved Future Land Use Plan shall exhibit conformance with the Reclamation Plan as approved by the Land Use Board and shall make maximum use of those areas reclaimed and rehabilitated. The two plans shall be used in conjunction with each other so that reclamation efforts are not wasted for probable future land uses and to avoid irreversible mistakes.

Flexibility. The greatest degree of flexibility shall be utilized in the design of the Future Land Plan to make it adaptable to accommodating probable future land uses. To this end, all reasonable alternatives for future land use should be considered and investigated, and more than one Future Land Use Plan sketch may be submitted to justify the Reclamation Plan submitted.

Lakes and ponds. The use of lakes and ponds resulting from wet pit excavations shall be highly encouraged, carefully evaluated for their potential aesthetic and recreational values and for their value as recharged and retarding basins in stormwater management.

Environmental considerations. The Future Land Use Plan shall not encourage or create degradation of the natural environment of the site proposed for a resource extraction and shall be in compliance with all local, state and federal environmental regulations and promote and maintain to the greatest extent possible the health, safety and welfare of the community.

Prior to the issuance of any conditional use permit, certificate of occupancy or license for land mining operation, the owner or operator shall file with the Township Clerk a performance guaranty as provided for in § 145-77 of this chapter. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the five-year duration of any approval which is granted.

Such bond and security shall be accompanied by an agreement signed by the applicant and landowner, if a different individual, granting the Township the right to access to make inspections to ensure compliance during periods of operation and to perform all necessary rehabilitation of bonded property in the event of forfeiture of the performance guaranty.

In the event of default, forfeiture shall be made by the Land Use Board after public hearing on not less than five days written notice made to the principal and the surety at their last known post office addresses, which notice shall be complete upon mailing.

The performance guaranty may be released upon satisfactory restoration of the complete project area or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. Release of the performance guaranty shall be in accordance with the provisions of § 145-78. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two years thereafter.

The parcel proposed for development has road frontage of at least 50 feet with one defined entrance/exit from the road;

The stand shall be maintained in good repair on a well-kept site and shall maintain no display of goods closer than 40 feet to a road right-of-way line and shall supply adequate on-site parking area;

A minimum of 25% of the produce offered for sale in a roadside stand shall be grown on the property whereon the stand is located and the sale of live animals or poultry shall be prohibited;

The maximum sales area of the establishment shall not exceed 5,000 square feet;

A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof. All signs permitted in connection with roadside stands shall conform to the provision of § 145-50 of this chapter.

A display shall be designed and limited in size and scope to offering examples of the work which is undertaken at the site and/or is for sale thereon. It can take the form of a small table, showcase or step-like platform showing products or the hanging of items from line, rack or roof, ceiling or gables of a front porch. Such a display shall not exceed 10 to 12 square feet in area and only one such display area shall be permitted per site. No items shall be so displayed unless the owner thereof is present and open for business except where a showcase is permanently established and items displayed therein are kept secure. In the case of a wood worker, furniture maker, carpenter shop or other wood-working craftsman making products for sale to the general public and subject to the approval of the Land Use Board, a display area may be permitted within the front yard area that does not exceed a 24 square foot area that may include selected samples of only those wood products made on the premises. Such display may not create impervious or impermeable surfaces for such areas. Any signs shall be limited to eight square feet in area total. The Land Use Board may permit additional outside display area in the rear of the property adjacent to the woodworking shop, studio or another accessory structure, but such additional area shall not be used for outdoor storage of products made on site.

No additional signs shall be permitted since the purpose of allowing the artisan's display is to advertise the products made there and for sale.

No self-standing display separate from a structure shall be located closer than 10 feet of any right-of-way or 30 feet of an adjoining property line, nor shall it be located at the intersection of a driveway and/or roadways in such a way as to create a problem for driver vision.

No display of goods or products not made on site by a resident artist, artisan or craftsperson will be permitted in an artisan's display as permitted by this section.

The Federal Telecommunications Act of 1934 as amended by the Telecommunications Act of 1966 (hereafter "the Act") grants the Federal Communications Commission exclusive jurisdiction over:

The Township's regulation of towers and telecommunications facilities within the Township will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.

The general purpose of this section is to regulate the placement, construction and modification of towers and telecommunication facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of a competitive telecommunications marketplace as it relates to the Township of Commercial.

Specifically, the purposes of this section are:

Towers shall be a conditional use in all zoning districts within the Township of Commercial subject to the Land Use Board approval except the River Conservation and Floodplain District as per § 145-49 of this chapter and any land subject to the River Management Plan adopted by the Township of Commercial and the National Park Service. Any application for a tower shall require conditional use approval (§ 145-84) and major site plan approval (§§ 145-79 through 145-82). To the greatest extent possible, both requirements shall be considered in a single application.

No person shall build, erect or construct a tower upon any parcel of land within any zoning district as set forth above unless approval has been received by the Land Use Board of the Township of Commercial.

Towers are exempt from maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet subject to the satisfaction of the remaining requirements of this section. Towers may be permitted in excess of 150 feet in accordance with the provisions of Subsection Q, Criteria for site plan development modifications.

No new tower shall be built, constructed or erected in the Township unless the tower is capable of supporting at least two or more additional telecommunication facilities comparable weight, size and surface area to the telecommunications facility installed by the applicant.

All persons seeking to build a tower must submit an application regarding the same to the Township Land Use Board. The application must include all information and documentation as set forth in Checklist — Schedule "J"[1] — Tower and Telecommunication Facility Application (§ 145-21).

The Land Use Board may require the applicant to supplement any information that is considered inadequate or that the applicant has failed to supply. Any application may be denied on the basis that the applicant has not satisfactorily supplied the information set forth in Subsection C(5) above. Applications shall be reviewed by the Land Use Board in a prompt manner and all decisions shall be supported in writing setting forth the reason for approval or denial.

The applicant must produce evidence at the hearing before the Land Use Board addressing whether there are existing towers within the vicinity which could be utilized by the applicant as an alternative to constructing the new tower. The applicant shall also be required to provide evidence and testimony as to the availability of placing the tower atop any structure of at least two stories or 24 feet in height within the vicinity.

Setback for each tower shall be 150% of the height of the tower from the property line on all sides. Example: A 100-foot tower would have to be set back at least 150 feet from each property line on the property where said tower would be located.

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.

Setback requirements may be modified, as provided in Subsection Q of this section, when placement of a tower in a location which will reduce the visual impact can be accomplished.

Towers shall be separated from residentially zoned lands by a minimum of 200 feet or 200% of the height of the proposed tower, whichever is greater. To the extent that this subsection imposes a greater setback requirement then otherwise set forth in this section, this subsection shall be controlling.

Proposed towers must meet the following minimum separation requirements form existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this section:

That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.

That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approve by the Township. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.

Telecommunications facilities are prohibited on all other structures.

A tower existing prior to the effective date of this section (May 3, 2001), which was in compliance with the Township zoning regulations immediately prior to the effective date of this section, may continue in existence as a nonconforming structure. Such nonconforming structure may be modified, demolished and rebuilt without complying with any of the additional requirements of this section, except Subsection F, Buffer requirements, Subsection O, Certification and inspections, and Subsection P, Maintenance, provided:

Except as provided in this subsection, a nonconforming structure or use may not be enlarged, increased in size or abandoned. For purpose of this section, a nonconforming use which is discontinued for a period of more than 180 days, unless said discontinuance is for repairs, shall be considered abandoned. This Section shall be interpreted to legalize any structure or use exiting at the time this section is adopted which structure or use is in violation of any of the ordinances of the Township or any other federal, state or county statutes, regulations, ordinance or other laws prior to the enactment of this section.

All towers shall be certified by a licensed professional engineer to be structurally sound and in conformance with the requirements of the Uniform Construction Code and the BOCA National Code and all other construction standards set forth in applicable Township ordinances and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to Subsection D of this section and said application shall be resubmitted every five years thereafter. For existing monopole towers certification shall be submitted within 60 days of the effective date of this section (January 4, 2001) and then every five years thereafter. For new lattice or guyed towers such certification shall be submitted with an application pursuant to Subsection D of this section and shall be resubmitted within 60 days of the effective date of this section (January 4, 2001) and then every two years thereafter.

The Township or its agents shall have the authority to enter onto any property upon which a tower is located between the inspections and certifications required above to inspect the tower for purposes of determining whether it complies with all sections of this chapter and any federal or state law or state, county or federal rule or regulation.

The Township reserves the right to conduct such inspections at any time upon reasonable notice to the tower owner. No notice is required for emergency inspections. All expenses related to such inspections by the Township shall be borne by the tower owner(s).

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries and nuisances to the public.

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the national Electric Safety Code and all FCC, state, and local regulations and in such manner that will not interfere with the use of property.

All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition and working order and shall be repaired so that the same shall not menace or endanger the life or property of any person.

All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.

All towers shall maintain compliance with current RF emission standards of the FCC and other applicable FCC rules and regulations.

In the event that the use of the tower is to be discontinued by the tower owner, the tower owner shall provide written notice to the Township of its intent to discontinue the use and the date when said use shall be discontinued. The tower owner shall be specifically responsible. If FCC approval is required, the tower shall be dismantled within six months from the time it is no longer being used for telecommunication purposes and FCC approval is obtained, but in no event shall the tower exist in excess of 12 months from the time of its discontinued use.

Notwithstanding the tower requirement provided in this chapter, modifications to the requirements may be approved by the Land Use Board as a conditional use in accordance with the following:

In addition to the requirement of Subsection Q(1), in the following cases the applicant must also demonstrate, by written evidence, the following:

If any tower shall cease to be used for a period of 365 consecutive days, the Township Committee of the Township Committee or the Township Land Use Board, through the Township Clerk, shall notify the owner, with a copy to the applicant, that such site has been abandoned. The owner shall have 30 days from the receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during such period, the Township Committee shall issue a final determination of abandonment, and the owner shall have 75 days thereafter to apply to the FCC for the dismantling; within 180 days of such FCC approval of the dismantling, the owner shall dismantle and remove the tower. If no such FCC approval is necessary, then said tower shall be dismantled and removed within 180 days of the cease of use. In no event shall the tower not be dismantled within 365 days from the cease of use.

As security for the obligations set forth in this section, the applicant at the time of submitting the application shall post a bond in an amount as determined by the Township Engineer, being of such amount to cover the anticipated cost of dismantling and any removal of any tower.

In determining whether or not a particular land use activity meets the above noted definition of village-oriented commercial or retail use, the Land Use Board or Zoning Officer shall find that the use is a common activity which can reasonably be expected to meet the village's needs. Thus the retail activity would include the sale of goods and services aimed at the village's market and which market is not to be considered larger than the Township and its adjoining municipalities. It would also, however, include shops and services aimed at those visiting the village and/or its environs for recreational, educational and similar or related reasons. Such uses might include, but are not limited to, canoe rental, bird enthusiasts' shop, or other retail uses selling a good or service related to the special characteristics of the village or its environs.

The use shall be located and designed to reduce nuisances to adjoining residential properties. In reviewing the site plans for same, adequate buffering and screening shall be provided to prevent glare, noise or debris from causing nuisances to adjoining properties used for residential purposes.

No such village-oriented commercial or retail use shall be open for business after midnight or before 6:00 a.m. Hours of proposed business or operation shall be provided as part of the site plan submitted and shall be found by the Land Use Board to be reasonably normal hours of operation for the type of business activity and not destructive of the village character. Where hours of operation are to be beyond sunset thereby requiring lighting, additional requirements can be imposed to reduce or eliminate nuisances to adjoining residentially used properties.

All such uses shall provide adequate on-site parking as required by § 145-47 or the Land Use Board may determine as allowed by § 145-47 that sufficient existing parking within a reasonable distance from the site is sufficient to handle the expected patron parking needs and reduce or eliminate the need for additional parking, except that parking for all employees of the village-oriented commercial or retail use shall be located on site. If off-site parking is not public, then the applicant shall provide evidence of an agreement for use of private off-site parking facilities in connection with meeting the parking needs for a specific site.

Site plan review and approval shall be required for any village-oriented commercial or retail use or activity.

The proposed windmill will not block, interfere or otherwise substantially impair a scenic vista or corridor as identified in this chapter or the view of said scenic vista or corridor for a residential structure on property adjoining the property whereon the proposed windmill will be located.

The primary purpose of a proposed windmill(s) will be to provide power for the principal use of the property whereon said windmill(s) is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a windmill designed to meet the energy needs of the principal use.

The windmill and its location on the property involved shall be designed to reduce or avoid any nuisances to surrounding properties and to limit any noise from said windmill from being heard off the property where said windmill is located. The actual side and rear yard setbacks for a windmill shall be determined by the Land Use Board and shall be based upon the height of the proposed windmill.

No windmill shall exceed a height greater than 200 feet. No windmill shall be located as close to a property line as to result in any portion of the windmill at any time, whether erect or in the event the windmill should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.

No windmill shall be located in any required front yard area with the exception of windmills on properties located on the Maurice River located within the C/R Commercial Recreation zoning district.

Installation of a windmill shall require site plan review when constructed for use in connection with a nonresidential use activity.

No energy conservation or communications equipment shall be located in any required front yard area to the extent practical given the need for solar access in the case of energy conservation equipment.

Energy conservation or communications equipment shall not be attached to the front facade or roof area of any structure or building wherever practical given the requirements for said equipment such as solar access or satellite alignment.

When any dish, disc or satellite antennae not installed on a principal structure and is to be located within 15 feet of adjoining property, it shall be screened with plant material to the extent practical to reduce unsightly appearance without affecting performance.

No communication equipment shall be permitted which causes interferences or problems for adjoining properties' communication equipment or reception of television, radio or other communication signals.

Wherever practical and possible, energy conservation and communication equipment shall be so located on a property so as not to be visible from the street.

Construction and erection of such equipment shall be subject to the Uniform Construction Code[2] and shall at no time constitute a threat to public safety, health or welfare.

All such permanent installation of an emergency power generator shall be located either within a structure or partial structure or be provided with suitable buffering, baffles and mufflers to reduce noise perceptible to adjoining properties and shall meet all safety requirements set forth in Township ordinances or regulations and federal, state or county laws or regulations. Zoning and construction permits are required for the permanent installation of an emergency power generator.

Such generators shall be subject to review and approval by the Township Fire Safety Coordinator and/or the Fire Chief of the local fire district wherein the said generator is to be installed.

The minimum setback for a permanently installed emergency power generator shall be 10 feet from the nearest property line if not installed within a structure or partial structure and 10 feet if installed within a shelter.

Any emergency power generator shall be kept within a locked enclosure and the means of starting such generator shall likewise be secured to prevent accidental operation. "Secured" as used herein shall mean that any switch or mechanism to start shall require a key or other means of activating the generator and including any key being left in the equipment.

Such emergency generator shall be used only when electrical power transmission is not available from the local electrical power provider or utility. Use of an electrical generator for provision of electrical power on a non-emergency basis shall not be permitted.

The provisions of this section shall not apply to a windmill used for the generation of electrical power as set forth in Subsection A above.

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