Township of Commercial, NJ Article VII Specific Use Standards and Regulations

§ 145-52 Commercial use-related dwelling.

A dwelling unit to be utilized in connection with the operation or ownership of a commercial activity or use may be permitted as a conditional use as set forth in the Schedule of District Regulations.[1] When permitted, not more than one attached or detached dwelling unit may be provided in conjunction with a commercial use under the following conditions:

A. The dwelling unit may be attached to the principal structure on the property involved used for commercial activity or it may be a detached dwelling unit, excluding a mobile home, but located on the property whereon the commercial use is located. The dwelling unit shall be occupied only by the owner or manager of said commercial use or activity. It is the purpose of this subsection to allow the use of a commercial use-related dwelling unit by the owner or manager of commercial or business use as to provide security, service and/or economy of operation to the principal use of the property for business or commerce. In order to obtain a zoning permit for such a commercial use-related dwelling, the applicant shall provide an affidavit to verify that the owner or manager of the business or retail use or activity involved in the application will be the resident that will occupy the commercial use-related dwelling unit at the time of receiving a zoning permit for same or whenever requested for same by the Zoning Officer to verify compliance accordingly.

B. Said commercial-use-related dwelling unit shall be located according to the maximum and minimum building standards and setbacks established in the Schedule of District Regulations for the zoning district in which it is to be located.

C. Occupancy by owner or manager.

(1) 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.

(2) 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.

(3) 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.

D. A commercial use-related dwelling use shall be considered as part of the retail or commercial use of the property and shall be subject to site plan review as required for such uses by § 145-79 of this chapter. As a related use thereto, it shall be provided with all required utilities and additional off-street parking subject to the provisions of § 145-47 herein this chapter. In reviewing the site plan, the Land Use Board may impose such conditions as deemed reasonably warranted to protect the health, safety and welfare of the occupants of the commercial use-related dwelling unit from the commercial or retail activities also carried out on the site.

E. Not more than one such use-related dwelling unit shall be permitted for any one property principally used for business or commercial activities regardless of the number of said activities carried out on the site. In addition, the size of the use-related dwelling unit shall be clearly subordinate to the principal commercial use of the property. To this end, no commercial use-related dwelling shall have more than 1,600 square feet in gross habitable floor area or 25% of the primary commercial structure on the property, whichever is the lesser in area.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-53 Duplex or semidetached dwellings.

Duplex or semidetached houses shall be permitted upon a finding by the Land Use Board that said use will not adversely affect the character or density patterns of the areas or neighborhood in which said use is proposed. No such use shall be permitted to front or have driveways exiting onto an arterial road as classified by the adopted Township Master Plan or the County of Cumberland. Where permitted in accordance with the provisions of the Schedule of District Regulations,[1] the following conditions shall be met:

A. Any duplex or semidetached dwellings shall share a common driveway of not less than 24 feet wherever reasonable with on-site parking complying with the provisions of § 145-47 of this chapter. Said parking may be provided within garages but, when garages are provided, they shall be attached to the duplex or semidetached dwelling and provide access to each unit contained therein. All dwelling units in a duplex or semidetached dwelling shall have direct access to a public street or right-of-way.

B. No fencing shall be erected within the front yard areas except for dooryards or patio areas attached to the dwelling unit and screened from the street shall be permitted, provided that any such screening, if not plant material, shall be located at the front yard setback line.

C. Architectural drawings of the front facade(s) of a duplex or a semidetached dwelling shall be submitted for review and approval by the Land Use Board of the uniformity of design of the two units. Deed restrictions or covenants shall be required in a manner, method or procedure approved by the Land Use Board, providing that attached units maintain, within reason, conformity of aesthetic appearance to the entire structure when viewed as a whole from the street or public right-of-way. Aesthetic appearance shall mean color, fenestration, entrances, front facade design or embellishment, fencing or lighting not attached to the walls of the individual dwelling units contained therein.

D. Conversion of residential units, as permitted by § 145-42 of this chapter, shall be not permitted for duplex or semidetached dwellings. Only home occupations as provided in § 145-45A shall be permitted within such units. No nonresident employees shall be permitted.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-54 Gasoline service stations and/or repair garages or car washes.

Gasoline stations and/or repair garages, including facilities or structures used for the painting of motor vehicles, and car washes may be established when they meet the following conditions:

A. In addition to site plan details required by §§ 145-88B and 145-89, the site plan submitted in connection with an application for a gasoline station and/or repair garage or car wash shall also include:

(1) The location of all fuel tanks and pumps,

(2) The dimensions and capacity of each tank,

(3) The depth the tanks will be buried below ground level,

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

(5) 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.

B. No motor vehicle gasoline station or repair garage shall be located within 200 feet of the entrance to a school, recreational area or facility, library, hospital, church or cemetery. Such distances shall be measured in a straight line from the property line of the referenced structures, areas or facilities to the station or garage lot line nearest said structure, area or facility along the street line.

C. It is intended that gasoline stations or repair garages be designed compatibly with other permitted commercial and industrial uses in the zone district in which they are proposed to be located, that they not be stripped along the available highway frontage or as more than two quadrants of any intersection, and that they be included within shopping centers and industrial parks as an integral part of the overall design. Ingress and egress shall be designed to recognize turning movements generated. These access points shall be coordinated with the access points required for adjacent or nearby uses and the frequency of intersecting side streets.

D. Any part of a property or site to be used for the repair of vehicles, dispensing of fluids, prolonged motor vehicle idling, or the painting of vehicles shall not be located in any floodplain or within 100 feet thereof or of a residence, church, school, library, eating establishment or health care facility unless undertaken entirely within an enclosed, ventilated with a filtered system, and soundproof structure.

E. All fuel pumps shall be located at least 35 feet from any property line. All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. A minimum space of 25 feet shall exist between any two pumping islands and any structures.

F. All storage areas shall be suitably screened, and no vehicles shall be stored on site which are not awaiting repair work within a reasonable period of time. Facilities for trash disposal shall be provided and, where necessary, screened. No junked automobiles or parts thereof and no unregistered motor vehicles shall be permitted outside an enclosed building. In the case of repair garages which are part of or established in conjunction with the sale of motor vehicles and/or the sale or repair of farm equipment or machines, recreational vehicles or boats, new or used unregistered boats or vehicles may be stored outside a structure on designated sales and display areas.

G. As a minimum, screening as required in § 145-72D shall be required along any property line adjoining a residentially zoned or used property. The Land Use Board may require additional buffering and other protective measures as necessary to protect surrounding properties from the effect of light glare, noise, air pollution or fumes, or other nuisances generated the gasoline station or repair garage.

H. Any part of the site proposed for a gasoline or service station or repair garage subject to access by motor vehicles shall be paved or provided with a dustless, hard surface.

I. Except in the case of farm equipment machinery, recreational vehicles or boats, all work on vehicles involving body repairs, removal of engines or transmission or painting shall be performed in an enclosed structure with a ventilated and filtered air system to prevent fumes from escaping in such a way as to be hazardous or a nuisance to adjoining properties.

J. Accessory goods for sale may be displayed in a principal building and on the pump island(s). All other exterior displays and parking of equipment for rent or sale shall be permitted provided that the area devoted to the purpose is in addition to the minimum lot size required for a gasoline or service station or repair garage, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for the station or garage is not exceeded, and the location of the equipment being rented or offered for sale does not interfere with the required off-street parking requirements for the service station or garage and does not interfere with the on-site traffic circulation indicated on the approved site plan. The storage of vehicles not in operating condition as permitted by this section shall be stored only if all fuel tanks in such vehicles are drained.

K. All gasoline stations and/or repair garages shall be provided with adequate facilities, equipment and structures and shall be designed to ensure against degradation of or adverse impacts to the environment and adjacent land uses within 500 feet of the property involved. Such facilities and equipment include storage tanks for used motor oil or other fluids or petroleum products, emission control and air quality devices and separate disposal systems designed to properly handle wastewaters used in connection with such uses, including motor vehicle and boat or machinery cleaning.

L. A convenience store or car wash facility shall be considered an accessory use to a gasoline service station.

M. In addition to complying with all the requirements listed herein this section, car washes, whether the principal use or an accessory use, shall also meet the following conditions:

(1) 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.

(2) 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.

§ 145-55 Keeping of animals and livestock, and land use activities involving animals.

The provisions of this section shall not be applicable to a bona fide farm or commercial farming operation. The keeping of animals and/or livestock and the use and operation of pig, livestock, or poultry farms, apiaries, pet or pet grooming shops, kennels and/or animal hospitals shall be in accordance with the following conditions:

A. For purposes of this chapter, animals and livestock shall be separated into the following classifications:

(1) 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.

(2) 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."

(3) 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."

(4) 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.

(5) 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.

B. The keeping of animals and/or livestock shall be permitted as per the Schedule of District Regulations,[1] provided the following conditions are met:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

C. Kennels, small animal grooming shops, animal hospitals or any place wherein animals may be boarded for a fee are permitted as provided in the Schedule of District Regulations on parcels of at least five acres in size, unless such use is contained in a fully enclosed, soundproof building, in which case the minimum lot area shall be reduced to two acres. In such cases wherein the facility is fully enclosed, no outside runs are to be allowed. Where permitted, the following conditions shall apply:

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

(2) 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.

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

(4) 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.

D. Pet shops, riding academies or establishments and animal obedience or training schools shall be considered commercial uses and are not covered by this section; provided, however, that the Land Use Board may utilize conditions contained herein when reviewing the site plan of any such uses. Additionally, for purposes of preventing nuisances for adjoining properties, such facilities may be required to demonstrate that there are sufficient lands or facilities provided as noted in this section, to prevent nuisances such as noise, odor or damage from the likelihood animal escape.

§ 145-56 Mobile homes and trailers.

The storage, placement and use of a mobile home or trailer shall be in accordance with the provisions of this section:

A. Temporary use:

(1) 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.

(2) 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:

(a) A Board of Health approved and Uniform Construction Code[1] acceptable sanitary sewer system and potable water supply system have been installed on or is available and suitable for such use on the property for use by said temporary mobile home; said mobile home is completely and satisfactorily connected to said systems according to the Uniform Construction Code and all necessary approvals and permits have been issued or obtained for same; and the sanitary sewer and potable water supply systems are designed and intended for use by the residential structure, once completed, and the mobile home is disconnected from same prior to the issuance of a certificate of occupancy for the new home.

[1] Editor's Note: See Ch. 131 of this Code.

(b) The temporary connection of any such mobile home to any public utility meets all Uniform Construction Code and sub codes or other applicable regulations as required safeguarding public health, safety and welfare.

(c) The temporary mobile home is sited, installed and fully compliant with all applicable requirements of this chapter, the Uniform Construction Code and any other applicable regulations, including requirements for securing and tying down said temporary mobile home as required by law or regulation.

(d) Said temporary use shall be clearly stipulated in the zoning permit for such a mobile home use and shall be for a period to begin with the start of construction (as opposed to the issuance of a construction permit) after the foundation, septic system and well have been installed and/or completed and shall end with issuance of a certificate of occupancy for the newly constructed residential dwelling or 12 months from the date of the issuance of the temporary permit, whichever shall occur first. Any request for continued use of said temporary facility shall require an application to the Zoning Officer, including justification of why construction has been delayed.

(e) [Missing text][2]

[2] Editor's Note: So in original.

(f) [Missing text][3]

[3] Editor's Note: So in original.

(g) [Missing text][4] involved and their minor children; and no other persons, regardless of relationship to the said owner(s), is to be permitted during construction or after the issuance of the new residence's certificate of occupancy.

[4] Editor's Note: So in original.

(h) The owner or owners of the lot involved in such temporary use of a mobile home shall be required to post with the Township Clerk a bond in the amount of $1,500, to secure removal of the mobile home within the time required in Subsection A(2)(d) above.

(i) Application for a permit under this section shall be made to the Zoning Officer, and it shall not be issued until the aforesaid bond has been posted with the Township Clerk, copies of the zoning permit and construction permit for the property and proposed dwelling to be constructed thereon are submitted or supplied and the Zoning Officer has been presented with satisfactory proof that the applicant is in compliance with the provisions of this section.

(3) 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) Any person requiring or requesting temporary residency in an independent mobile home in an emergency situation shall apply directly to the Zoning Officer on a form to be supplied by the Township and shall provide documentation verifying the name and address of the owner of the independent mobile home.

(b) Once said application is approved by the Zoning Officer, the property owner wishing to use the independent mobile home shall enter into an agreement and post a bond with the Township as provided in § 145-56A(2)(g) and (h) above. Said agreement shall provide the Township with the right of entry onto the property by Township officials for inspection and removal purposes.

(c) The mobile home shall be connected to an acceptable and approved potable water supply and a sanitary sewer system as determined by the Construction Code Officials and applicable regulations.

(d) No mobile home used for temporary residency as provided for herein this section shall be located within 10 feet of any property line or in such a way as to pose an undue threat to public safety, health and welfare of the property owners or to adjoining properties or roadways.

(e) No mobile home utilized in accordance with the provisions of this subsection shall be placed upon a permanent foundation or shall be in any way placed, installed or attached to another structure which would make the said mobile home's removal from the site impossible or otherwise unnecessarily difficult to the continued viability of the other structure's use or integrity.

(f) The mobile home shall be placed on the same property on which was located the single-family residential structure that was accidentally damaged or destroyed giving rise to the emergency situation, and shall be only occupied by those persons who were occupants of said single-family residential structure.

B. Permanent use of a mobile home. A mobile home may be placed, located or parked in accordance with the provisions of this section and as provided in the Schedule of District Regulations[5]:

(1) 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.

(2) 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.

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

(4) 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.

(5) 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.

(6) 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.

(7) 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.

[6] Editor's Note: See Ch. 131 of this Code.

(8) 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.

(9) 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.

[7] Editor's Note: Ord. No. 2001-422 was superseded by Ord. No. 2008-494. See Chapter 131, Articles I and V, of this Code.

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

(11) 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]

[Added 7-17-2008 by Ord. No. 2008-502]

[8] Editor's Note: N.J.A.C. 5:23-4b.5 was repealed by 51 N.J.R. 1269(a) R.2019 d.083, effective August 5, 2019.

[5] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-57 Day care, nursery and pre-school facilities.

Child day care, nursery and pre-school facilities shall be permitted as provided for in the Schedule of District Regulations[1] and in accordance with the following provisions:

A. Such facilities shall have the appropriate licensing or recognition by all applicable state or other agencies having jurisdiction over same.

B. Illumination for parking areas, driveways and other areas shall be shielded from view of adjoining streets and residential areas or uses.

C. Suitable recreational areas shall be provided for the use of the children enrolled at the facility. Play area shall be entirely enclosed with a minimum four-foot high fence with self-latching gates and suitable safe guards to reduce the likelihood that children can easily leave said enclosed area unassisted.

D. Whenever such a facility is located on a collector or arterial roadway as classified by the Township or County Master Plan, or a nonresidential zoning district, a buffer area of at least 20 feet wide shall be established adjacent to such collector or arterial roadway and/or nonresidential zoning district boundary. Such buffer shall be composed of a berms and completely landscaped sufficient to provide a visual and noise buffer between the facility and its accessory uses such as play yards or areas and the collector or arterial roadway and/or an adjoining nonresidential zoning district. The buffer area shall not be made a part of the recreational area required in Subsection C above.

E. Use of such a facility or its grounds for other than a nursery or pre-school shall be prohibited unless a zoning permit is issued for another use(s) and site plan has been submitted for review and approval has been granted.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-58 Planned neighborhood commercial center.

A. Planned neighborhood commercial centers encompassing not less than three nor more than 10 acres and designed to provide for the sale of convenience goods such as food, drugs, sundries, and personal services such as cleaning of clothes, photo developing, restaurants, hairstylists or beauty shops, medical or dental offices, banks, real estate and post offices, and similar uses.

B. The following standards shall apply to a neighborhood commercial center:

(1) 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.

(2) 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.

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

(4) 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.

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

(6) 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.

(7) A planned neighborhood commercial center shall provide the following:

(a) Areas and facilities for the collection of solid waste which shall be appropriate screened and buffered.

(b) Fire zones designed to facilitate easy access to structure for emergency vehicles. Such zones shall be approved by the appropriate local fire officials and if applicable, in compliance with any municipal ordinance related thereto.

(c) Structure and property illumination designed to protect adjoining properties, streets or sensitive and scenic areas from direct glares or excessive light, including the night sky.

(d) Adequate screening or buffering to protect adjoining properties, scenic corridors and roadways from direct glare from vehicular lights and wind-borne debris or trash.

(e) Signs in accordance with the provisions of § 145-50 of this chapter.

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

(9) 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:

(a) Where applicable, residential units shall be in compliance with the residential density standards for the zone district in which they are to be located. In no case shall the density be greater than one unit per acre of land involved in the parcel for a planned neighborhood commercial center is to be located, or not more than one residential unit permitted for each commercial use permitted within the planned neighborhood commercial center, whichever is less; but in any case the total number of residential units shall not exceed six units per planned neighborhood commercial center.

(b) Residential units shall be located above the commercial uses and accessory thereto and are to be occupied by the owner(s), manager(s) or employee(s) of the neighborhood commercial center. The Land Use Board may permit other occupants for the residential units.

(c) Additional parking facilities shall be provided for the residential units in addition to those required as set forth in § 145-47 herein.

(d) Residential units shall be not less than 900 square feet of habitable floor area.

(e) No home occupation as permitted by § 145-45A(6) through (15) and B may be conducted within a dwelling located in a planned neighborhood commercial center, nor shall any conversion of dwelling units be permitted as set forth in § 145-42 herein, except that this prohibition shall not prevent the combining of units to create fewer in number.

(10) 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.

§ 145-59 Planned residential cluster development.

A planned residential cluster development requires that a percentage of the tract involved be permanently preserved in a combination of farmland, open space and/or environmentally sensitive lands as determined suitable by the Land Use Board. Wetlands and wetlands transition areas may not be considered for purposes of computing tract size, overall cluster development density nor for meeting the required open space set aside. Planned residential cluster developments as set forth in the Schedule of District Regulations[1] shall be permitted in accordance with the following provisions:

A. In the A Agricultural zoning district all tracts of land 30 acres or greater in size and within the C Conservation and RR Rural Resource zoning districts all tracts of land 40 acres or greater in size either at the time of the adoption of this chapter or that are assembled after the adoption of this chapter shall develop as a planned residential cluster development. In the C Conservation and RR Rural Resource zoning districts, tracts of land 30 acres or greater in size but less than 40 acres either at the time of the adoption of this chapter or that are assembled after the adoption of this chapter, may be developed as a planned residential cluster development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. All planned residential clusters shall provide for land area equal to a minimum of 50% of the total tract of land proposed for development be set aside and deed restricted for one or a combination of the following types of permanent preservation farmland, environmentally sensitive lands (conservation areas), or as passive and active recreation open space areas. Neither wetlands nor wetlands buffers or transition areas may be included as part of the required 50% open area. In determining whether to permit the preservation of farmland in meeting the requirements of open space preservation in a planned residential cluster, the Land Use Board shall find that:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

C. In the case of a proposed planned residential cluster development located on or adjacent to land actively farmed and/or is qualified for Farmland Assessment according to Township tax records, up to the full 50% of the required lands to be set aside and deed restricted may be for agricultural preservation, excluding wetlands or wetlands transition areas. Farmland to be preserved shall have the development rights thereof deeded to the Township of Commercial.

D. In the case of the preservation of conservation or open space lands, the development rights for said lands shall be maintained and protected for the stated purpose (conservation and/or open space, including both active and passive recreational uses) by specific binding agreements between the applicant and the Township of Commercial and said land shall be required to be managed and maintained by a homeowners' association established for the planned residential cluster development. Said homeowners' association shall be found satisfactory by the Land Use Board in accordance with the provisions of § 145-72L.

E. Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of the above referenced minimum conservation, open space or agricultural land set aside. No portion of the land to be set aside for farmland preservation and not considered to be environmentally sensitive, shall be of a size, shape, and width to make it infeasible for its continued use for general purpose agriculture or meaningful habitat or viable open space lands. Viable open space lands shall mean that protection, preservation and continued safe and healthy existence is possible for the particular environmental sensitivity of the land involved is possible given any proposed developed. For example, construction of roads near wildlife habitat which might disturb said wildlife or location of stormwater management facilities so that natural conditions are altered detrimentally to an environmentally sensitive area.

F. Land to be set aside for farmland preservation should be located adjacent to other farmland and sensitive lands, to the extent practical, and to other environmentally sensitive lands as shown on the adopted Township Master Plan. The Land Use Board shall review the design of the development to ensure that this requirement is met to the greatest extent possible with the aim of attempting to form meaningful and useful clusters of specific types of land preservation.

G. The location of proposed lots, streets, utilities and active recreational areas shall also be adjacent to other similar developed areas to the greatest extent possible thereby maximizing the clustering of development in the area. Proposed development layout or design shall be found to meet this requirement as a condition of attaining approval.

H. The provisions of §§ 145-71 and 145-72 shall apply to planned residential cluster developments to the extent applicable.

I. Planned residential cluster developments as permitted in the Schedule of District Regulations in accordance with the following regulations, and shall require an environmental impact statement as per § 145-88B, Checklist E, Environmental Impact Statement.[2]

[2] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

J. In all cases not more than 50% of the total open space saved as required herein shall be located in one or more of the following: areas with a slope greater than 10%, identified wildlife habitats of endangered or threatened species wherein said species has been sighted, or other areas deemed unsuitable for development and recreational purposes due to environmental reasons as made evident by the review of the environmental impact statement required.

(1) 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.

(2) 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.

(3) 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.

K. Provisions made within any planned residential cluster development for open space and recreational areas shall be reviewed, found adequate and approved by the Land Use Board. In its review, the Land Use Board shall investigate the size of parcels devoted to open space and recreational areas, their location within the project, the topography, the uses contemplated upon such open space and recreational area, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels or facilities, traffic flows to and around said parcels, the ecological impacts of their placement, development and use, the staging or timing of the open space or recreational area development, and how various categories or recreational facilities or open space and their location will be proportionally related to any staging of the development of housing units, if such staging is proposed. The Land Use Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Township Master Plan, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Land Use Board determines that:

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

(2) 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.

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

(4) 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.

(5) 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.

L. While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use which are proposed for open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land(s) or any interest therein for public use and maintenance where a free and noncoerced offer is made by the developer or owners of said land(s). That said offer is free and noncoerced shall be established on the record of any public meeting wherein said offer is made. To this extent, the requirement of setting aside open space for a cluster development shall not be deemed to requiring that said lands be dedicated to or in any way controlled by the Township. When lands are offered to the Township the following requirements shall be met:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

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

(6) 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.

M. The maximum number of lots per gross area exclusive of freshwater wetlands and transition areas or buffers, for any cluster development shall be 0.65. For purposes of this computation freshwater wetlands and buffer or transition areas shall first be subtracted from the gross acreage of the tract, then that number shall be divided by the number of lots in the development.

N. All cluster developments shall be considered to be planned developments and major subdivisions subject to subdivision review and approval as set forth in §§ 145-79 through 145-82. In case of a cluster development application requiring a conditional use permit (§ 145-84) shall be subject to § 145-72S and the Land Use Board shall find that:

(1) 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;

(2) 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

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

O. All open space planned residential cluster developments shall require the establishment of a homeowners' associations are provided for in § 145-72L to own, manage, maintain and use any open space created or established as per the provisions herein this section and the Land Use Board may require the establishment of a said homeowners' association in connection with an agricultural/open space planned residential cluster development where it deems same appropriate to the proposed situation.

P. Within the A Agricultural, C Conservation and RR Rural Resource zoning districts the minimum lot size in any planned residential cluster development shall be a minimum of 1 1/2 acres.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-60 Professional or business office center.

Professional or business office centers may be established in accordance with the provisions of the Schedule of District Regulations[1] and subject to the following requirements:

A. Any such center shall be designed as a whole or complete complex with all structures or units having a uniformity of design and bearing architectural and aesthetic relationship to each other when more than one structure is proposed.

B. Such centers may provide office space to insurance companies, banks, financial institutions, businesses and industries, professional corporations or associations, partnerships or individuals, including, but not limited to, lawyers, doctors, dentists, architects, land surveyors, engineers, planners or other recognized professions, brokerage firms, real estate firms or other companies, firms or operations requiring office space.

C. In addition to providing office space for such uses as those set forth in Subsection B hereinabove, space may also be provided for such accessory uses to the offices as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eye wear sales and repair services, newsstands, a restaurant or food takeout facility primarily serving the needs of the complex's occupants and their patrons, a drugstore, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily associated to the offices located within such a center. Such accessory uses shall only be permitted within the center's structure's and uses shall be designed and of a size primarily to serve the needs of the center's occupants and patrons. In no case, shall more than 40% of the office center's total building area be occupied by such accessory uses. All such accessory uses shall, however, when permitted, conform to all standards set forth in this chapter related to the type of use proposed.

D. The parking and loading areas, common grounds or yard area and other common facilities shall be held in common ownership either by the owner of the center or by tenants' and owners' associations responsible for their upkeep and maintenance. Such associations' bylaws, articles of incorporation and other pertinent documents related to these issues shall be subject to review and approval of the Land Use Board as would a homeowners' association in the case of a residential development. Such organizations shall be subject to the same requirements as set forth in § 145-72L of this chapter.

E. No residential use shall be permitted in connection with a professional or business office center.

F. Loading and parking facilities required in connection with a professional or business office center shall be determined by the total number of office units available and the type of uses said units will serve according to the provisions of §§ 145-46 and 145-47 of this chapter.

G. All such centers shall be suitably landscaped, and all parking areas and pedestrian walkways shall be well lighted. When located adjacent to an arterial and/or major collector road as identified in the Township's adopted Master Plan or by the County of Cumberland, parking areas shall not be located, to the greatest extent possible, between said center's structures) and the street right-of-way lines of any such arterial or major collector roadway. Buffering at property lines shall be required of sufficient density and width to reduce the glare of vehicle lights or noise from the center to cause a nuisance to adjoining properties or road rights-of-way.

H. Not more than 25% of the total floor area of any such center shall be occupied by non-office uses at any one time, nor shall more than 50% of the ground floor of any structure within a center be occupied by non-office uses. This requirement is intended to ensure that said center remains primarily a professional or business office center and not a planned commercial center or shopping center. In addition, the display of products from any structure in a center shall be primarily aimed at persons walking alongside of said unit or structure and not readily visible or designed to attract the attention of persons traveling along adjacent roadways since all no office uses are intended to serve as accessory uses to said offices.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-61 Recreational club, lodge or assembly halls.

A recreational club, lodge, or assembly hall or other similar buildings of congregation, excluding churches, shall be permitted as set forth in Schedule of District Regulations[1] and in accordance with the following requirements:

A. In addition to the application procedures as set forth in this chapter, an applicant for a conditional use permit for a recreational club, lodge, place of worship, assembly hall or similar building of congregation shall file with the Land Use Board a statement setting forth full particulars on the operation and use of said facility, a copy of the organization's articles of incorporation, if a corporation or trade name certificate, which is required to be filed under Title 56 of the New Jersey Revised Statutes. In addition, the Land Use Board may, in any case, require the names and addresses of all officers, directors, and/or trustees be furnished.

B. The design and appearance of any structure erected in connection with such a use shall be in keeping with the general character of the neighborhood and surrounding area; and sufficient landscaping, including trees, shrubs, plants and lawn or ground cover shall be provided to serve as a buffer between said uses and their accessory uses and adjoining properties and to ensure an attractive appearance for said uses' property and facilities.

C. All off-street parking within 30 feet of any property line shall be adequately screened from adjacent properties, and all lighting shall be shielded to prevent glare onto adjacent properties or roadways.

D. Any residential use either permanent, temporary or occasional in connection with any of the types of uses addressed by this section shall be identified in any site plan if to be located on the same lot as the use and the applicant shall submit a written description of such use and demonstrate the rationale for allowing such use to be part of the facility proposed or existing. In reviewing such a request, the Land Use Board shall be guided by the regulations contained in this chapter for similar residential uses in connection with a nonresidential use.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-62 Resource extraction.

In any zoning district, as provided in the Schedule of District Regulations,[1] no sand, gravel, rock, earth, minerals, clay or overburden shall be moved or extracted, including the establishment of a borrow pits and the stripping of soil from any property until a conditional permit has been granted by the Commercial Township Land Use Board, a land mining license has been obtained for the use intended has been issued by the Township Committee of the Township of Commercial, and any and all other applicable reviews completed and/or permits are obtained.

A. Exception to permit and license requirement. Any earth removal or extraction not exceeding one-quarter acre in size and not exceeding three feet in depth are exempt from the requirements that a conditional use permit and mining license be obtained.

B. No mining or other extraction of earth, sand, gravel, rocks, minerals, clay, or overburden, including the establishment of borrow pits and the stripping of soil from any property shall be allowed in any zoning district that does not permit resource extraction as a conditional use in its Schedule of District Regulations.

C. Applications for conditional use permits shall be made in writing to the Commercial Township Land Use Board. Resource extraction may be permitted as a conditional use after site plan review by the Land Use Board after thorough consideration being given to the following criteria being satisfied that:

(1) All conditions of this chapter have been met;

(2) 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;

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

(4) 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;

(5) 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;

(6) 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;

(7) 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;

(8) 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.

D. Burden of proof. It is the applicant's burden of proof to show that all of the criteria are met by a preponderance of the evidence. It is also the developer's burden to show that "special reasons" exist for allowing sand mining in the use area and that the area is particularly appropriate for both resource extraction at the present time, and the proposed or agreed upon future land use activities to be developed at the cessation of sand mining.

E. Duration of approved plan. Resource extraction operations shall be approved for five-year periods provided that the applicant complies with the requirements of the Commercial Township regulations for resource extraction as exist and as in the future amended, and provided that the applicant can demonstrate that the proposed resource extraction operation complies with standards set forth herein this § 145-62.

F. Renewals. Any applicant who wants a continuation of a conditional use permit for an additional period of time, not to exceed five years, must apply for same to the Land Use Board at least 120 days before the expiration of the said permit. The applicant shall be allowed to utilize drawings, site plans, and descriptions supplied to the Land Use Board at the time of the issuance of the original conditional use permit so long as the applicant certifies by affidavit that mining has not been done outside the originally permitted area. If granted, the renewed conditional use permit shall be valid for a further five-year period.

G. Emergency extensions. Emergency extensions of an expiring conditional use permit for a resource extraction operation may be granted by the Land Use Board for periods not to exceed three months on application for same if good cause is shown and extenuating circumstances are demonstrated as to why a renewal application has not been submitted or approved. Situations that may qualify as an "emergency" will be decided on a case-by-case basis by the Land Use Board. No more than two consecutive ninety-day emergency extensions may be granted. If an emergency extension is denied and/or if the conditional use permit has expired and no request for an emergency extension is pending or has been approved, all mining in the previously permitted area shall immediately cease. If an extension of the conditional use permits granted, the applicant's sand mining license for the area in question may be extended by the Township Committee during the term of the conditional use extension, so long as the applicant pays the required fees for the license and keeps its performance bond in full force.

H. Application procedures and submission requirements. An applicant for a conditional use permit for an earth extraction operation shall comply with procedures set forth in herein and § 145-84 in addition to any requirements as set forth in Article XI of this chapter and shall comply with the following submission requirements. See Checklists "C" and Checklist "H"[2] (§ 145-62, Resource extraction) for application requirements.

[2] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

I. Standards relating to earth extraction operations.

(1) 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.

(2) Setbacks.

(a) Earth extraction activities shall not be conducted closer than 300 feet from:

[1] The boundary of any zone where such operations are not permitted;

[2] The boundary of any adjoining property line unless such adjoining property is in the same ownership or leasehold interest as the permit property, and an appropriate easement or deed restrictions are provided so that the setbacks required herein this chapter are not violated if the adjoining property is conveyed or separated from the permit property;

[3] The edge of the right-of-way of any dedicated street, road or highway.

(b) When it is determined that such setback areas are not suitable for proposed future permitted development due to environmental constraints of the site such as areas subject to flooding, severe limitations for an on-site sewage disposal system, topography, or other constraints, or when a more desirable layout for the Future Land Use Plan can be achieved, the setback may be reduced to that deemed necessary by the Land Use Board provided that an average setback of 300 feet is maintained. In no case, however, shall such a setback be reduced to less than 150 feet unless:

[1] The affected adjoining property owner(s) specifically request in writing that the buffer requirements be reduced or waived; and

[2] The Land Use Board determines that the future use of the site will be enhanced, the residents of the Township will benefit from the waiver of this requirement, and that no deleterious precedent will be set that is adverse to the principles of the zone plan and this chapter.

(c) The total minimum buffer area required shall be equal to the area derived by computing that which is required for a standard 300-foot buffer;

(d) Building, permanent structures that make noise audible beyond the property line, use light that is visible beyond the property line, or create dust, and which are actively used in mining or subsequent production and/or processing operations, shall not be located closer than 500 feet to the public right-of-way or any dwelling;

(e) Such buildings and structures actively used in mining or subsequent production and/or processing operations are considered to be a "disturbed area" and, therefore, must be located within a permitted area. Such buildings and structures not located in a permitted area must be permitted and are subject to licensing and fee charges accordingly.

(f) No building, structures or nonpermanent structures that make noise, use lights or create dust, and which are actively used in mining or subsequent production and/or processing operations which are in place prior to the enactment of Ord. No. 93-338,[3] shall be subject to the 500-foot setback requirement of Subsection I(2)(d) above. All of the above, however, shall be considered to be a nonconforming use if located within 500 feet of a public right-of-way or any dwelling, and any addition to same must be approved by the Land Use Board.

[3] Editor's Note: Ord. No. 93-338 was superseded by Ord. No. 2007-487.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) 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.

(13) 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.

(14) 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.

(15) Protection of water tables.

(a) Maximum depth of the excavation shall not be below existing groundwater, except in such cases where the approved Reclamation Plan indicates that a lake or lakes will be part of the final use of the land, or where such Plan indicates that adequate fill and overburden will be used to refill such excavations for conformance with the approved Reclamation Plan. No earth extraction operation shall be conducted in such a manner as to permanently alter the water table of surrounding inhabited properties, or to alter the stability of adjacent lands, or to create a potential subsidence of adjacent lands.

(b) Prior to commencement of earth extraction operations, the operator shall install as a monitoring device, observation and monitoring wells in accordance with the following table based on a total of all permit areas currently applied for and previously approved.

[1] 0 to 50 acres: two wells.

[2] 50 to 100 acres: three wells.

[3] Each additional 100 acres: one additional well.

(c) These wells shall be located and constructed to a depth and in accordance with details approved by the Land Use Board, and each well shall have a permanent reference bench mark on or adjacent to the facility. As the extraction area increase for new permit periods, those wells may have to be relocated in order to adequately surround the perimeter of the excavated areas.

J. Standards relating to reclamation.

(1) 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.

(2) 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:

(a) Removal and storage of the topsoil and overburden;

(b) Terracing or sloping the pit or face walls during the extraction period;

(c) Final grading and sloping of the worked out area;

(d) Replacing and contouring the topsoil and other overburden; and

(e) Revegetation.

(3) Timing.

(a) Reclamation shall commence as soon as is practical in accordance with the approved Operation Plan and good land reclamation and forestry and landscaping practices;

(b) Reclamation of a permit area shall be completed in accordance with the approved Reclamation Plan within three years of the expiration date of the permit; and

(c) Mining licenses must continue to be kept current and performance bonds posted kept in full force and effect until reclamation of the permitted has been completed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) Grading.

(a) When the extraction operation has been terminated, the area shall be graded as close to the natural contour of the land as possible to facilitate planning; and

(b) All regarding and reclamation shall be undertaken with the minimum amount of disturbance in order to minimize the amount of compaction of the soil.

(11) Landscaping.

(a) A planting plan shall be prepared by a professional landscaper or forester showing the areas to be planted, final grades, type and quality of plant material to be used, and all specification necessary for implementation;

(b) Planting shall not be performed later than May 15 or earlier than September 15 of the any given year. It is preferable and recommended that planting be performed in the early spring of each year, if possible;

(c) All planting and plant scheduling shall be in accordance with the approved planting plan; and

(d) If soil erosion is critical on the site, basic mulch shall be required such as cut grass, weeds, leaves or similar waste plant material or spotted low shrubs and herbaceous materials such as weeping love grass. The mulch composition and/or material to be used shall be identified and detailed on the approved planting plan. In areas of excessive weeds the ground shall be prepared prior to planting with the use of a disc, rotary tiller, spring tooth harrow or similar cut harrow. In meeting the requirements of this subsection best management practices shall be utilized and identified as part of the planting plan.

(e) All plants shall be nursery growth seedlings and planted in accordance with the following standards:

Slopes	Seedlings per Acre
Less than 15%	1,000
Over 15%	1,200

[1] In approving the Planting Plan, the Land Use Board may increase said plantings per acre as deemed necessary for reasonable cause.

(f) All rows shall be planted with the same specific type of plant material;

(g) Set forth below is the recommended plant list for all vegetation to be used in the Planting Plan. Other plant material may be used upon as approved by the Land Use Board with the advice of a professional arborist or landscape architect;

[1] Pinus rigida — Pitch Pine.

[2] Pinus strobes — White Pine, Eastern White Pine.

[3] Pinus Virginia — Virginia Pine.

[4] Betula populifolia — Gray Birch.

[5] Liquidambar styraciflua — American Sweet Gum.

[6] Populus tremuloides — European Aspen (similar to a quaking aspen).

(h) When a more desirable or compatible plan for the proposed use can be achieved, the Land Use Board may approve an alternate plan presented for its review or commissioned by it. The applicant must establish and demonstrate to the satisfaction of the Land Use Board that his plan will be more suitable for the proposed use than the provisions of Subsection J(11)(a) through (g) above to overcome the Board's approval of an alternate plan.

(i) Compatibility with approved Future Land Use plan. All provisions of the approved Reclamation Plan shall be consistent and compatible with the proposed Future Land Use Plan and provide as much flexibility as is possible for similar but varying future land use patterns.

K. Abandoned uses/termination of operations.

(1) 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.

(2) 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.

(3) 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.

L. Future land use standards.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

M. Performance and maintenance guaranties required.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

N. Existing resource extraction operations shall be defined as any area which has been and, at the time of adoption of these regulations, is being operated as part of the regular business of the operator and/or owner of such land area and shall include the entire tract of land on which the operation is situated (extending to the limits of adjacent properties and/or other contiguous land of the operator).

O. Waivers from strict compliance from the provisions of this section can be granted by the Land Use Board when said waiver will not impair or reduce the Land Use Board's ability to adequately review plans in connection with information or details to be provided in an application, or adversely affect the environment, neighboring properties or the intent of the adopted Township Master Plan in the case of operation and rehabilitation standards.

P. Annual certification required. Operators of all approved resource extraction operations shall, on a yearly basis, certify in writing and to the satisfaction of the Commercial Township Land Use Board that all mining and restoration activities have been and continue to be conducted in accordance with the approved extraction plans. In the event that the Land Use Board determines that any such activities deviate from the approved plans, the operator shall immediately cease all mining and restoration activities until such time as the violation is resolved or new extraction plans which reflect the deviation are approved.

Q. Annual inspection costs. In addition to those expenses as delineated in Ord. No. __________, the applicant shall be responsible for costs incurred for services of the Township Engineer, or his designee, to make a yearly inspection of the premises and operations of the applicant so as to verify that said applicant is meeting the terms and conditions of those plans submitted at the time of issuance or renewal of a license as called for in Ord. No. __________. Said amount shall be paid within 30 days of submission of a voucher to the applicant. The inspection shall normally take place within 30 days of each yearly anniversary of the issuance of the license. Failure to make payment of the "inspection fee" as noted in this section may result in the Township Committee voting to temporarily suspend the license of the applicant until such time as the yearly review fee is paid.[4]

[4] Editor's Note: So in original.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-63 Roadside stand or artisan's display.

Roadside stands or artisan's displays as defined in § 145-3C may be established as provided in the Schedule of District Regulations[1] and according to the following standards:

A. Roadside stand.

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

(2) 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;

(3) 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;

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

(5) 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.

B. Artisan's display. An area may be established to display the products, artwork, crafts or work of an artist, artisan or craftsperson on the property of their studio or workshop. Such a display may be permitted in the case of a home occupation according to the provisions of § 145-45 of this chapter and notwithstanding the provisions of § 145-45, provided that the items displayed are made on site and are deemed by the Zoning Officer as the work of the artist, artisan or craftsperson residing and/or working at that location. Such an area shall comply with the following regulations:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-64 Studio or workshop.

A studio or workshop may be located as permitted in the Schedule of District Regulations[1] and the following conditions and/or regulations:

A. A studio or workshop established in conjunction with a home occupation, professional home occupation or a village home occupation may be considered an accessory thereto the home occupation and if it complies with the area requirements as set forth in § 145-45 of this chapter. A studio or workshop shall not create nuisances from undo noise, smoke, glare, traffic or intrusion on adjoining properties. In considering a conditional use and/or reviewing a site plan for a studio or workshop, the Land Use Board shall find that such request should be granted and/or make such requirements for location or use of said studio or workshop as it deems necessary to reduce or eliminate such nuisances to the extent practicable based on the information submitted to the Board.

B. When permitted as set forth in the Schedule of District Regulations, a studio or workshop shall not be created as a separate structure if more than two accessory structures exist on the lot involved. In such a case, the studio or workshop must either be located within the principal or one of the accessory structures or be attached thereto provided that it meets all the setback requirements for the zoning district in which it is located. When said studio or workshop is a freestanding structure, it shall be provided with access to the roadway upon which the property involved abuts.

C. A studio or workshop that will be utilized for the sale of products or the gathering of people for classes, activities or shows shall provide additional parking to accommodate said additional use. If the public is to be admitted to the studio or workshop on a regular basis as noted hereinabove, then the studio or workshop shall provide pedestrian accessways connecting the studio or workshop to any parking area and/or the street. Lighting and handicapped accessibility shall also be provided.

D. A studio or workshop shall be designed, equipped and operated in such a way as to prevent noise, smoke, dust, fumes, glare or other nuisances from the activities conducted inside. When located within a residentially zoned area, the studio or workshop shall not be opened to the public before sunrise or after sunset except for classes or special events like recitals or shows held within the studio or workshop structure. Such special events shall not be held more often than once in any calendar quarter of the year. Any display of goods or products made or assembled on site shall only be permitted in accordance with the provision of § 145-64B above.

E. No studio or workshop established as part of a home occupation shall exceed a height of 35 feet, nor shall it exceed the permitted square footage for an accessory use of a home occupation as set forth in § 145-45 of this chapter. Setback dimension for home occupation studios or workshops shall comply with those permitted for a garage in the zoning district in which they are located. For all other studios or workshops maximum and minimum dimensions and setbacks shall be set forth in the Schedule of District Regulations[2] of the zoning district in which said proposed studio or workshop is to be located. In the case where an existing residence on an adjoining lot whereon a studio or workshop is proposed, is located less than the required setback for a home in the zoning district in which it is located, the Land Use Board may, if possible, increase the setback required for a proposed studio and workshop to the extent that the above noted residence's setback is deficient from its setback to maintain the intent of this section in terms of location of a studio or workshop. If not possible, the Land Use Board shall determine that.

[2] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-65 Towers and telecommunications facilities.

A. Findings.

(1) 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:

(a) The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and

(b) The regulation of radio signal interference among users of the RF spectrum.

(2) 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.

B. Purposes.

(1) 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.

(2) Specifically, the purposes of this section are:

(a) To regulate the location of towers and telecommunications facilities within the Township of Commercial;

(b) To protect residential areas and land use from potential adverse impact of towers and telecommunication facilities;

(c) To minimize adverse impact of towers and telecommunication facilities through careful design, siting, landscaping and innovative camouflaging techniques;

(d) To promote and encourage shared use/co-location of towers;

(e) To promote and encourage the utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;

(f) To avoid potential damage to property and personal injury to residents caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound;

(g) To ensure that towers and telecommunications facilities are compatible with surrounding land use.

C. Development of tower.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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).

[1] Editor's Note: Schedule J is available for viewing in the Township offices.

(6) 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(7) 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.

D. Setback.

(1) 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.

(2) 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.

(3) 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.

E. Structural requirements. All towers must be designed and certified by an engineer to be structurally sound, and at a minimum, be in conformance with the Uniform Construction Code[2] and BOCA National Property Code and all other standards as set forth in this section or as otherwise applicable. All towers in operation shall be fixed to land.

[2] Editor's Note: See Ch. 131 of this Code.

F. Buffer requirements. For purposes of this section, the distance between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially zoned lands shall be measured form the base of the tower to the closest point of residentially zoned properties. The minimum tower separation distance from residentially zoned land and form other towers shall be calculated and applied irrespective of the Township's jurisdictional boundaries.

(1) 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.

(2) 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:

(a) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed towers by a minimum of 1,500 feet.

(b) Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting guyed towers by a minimum of 1,500 feet.

(c) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 750 feet.

G. Method to determine tower height. Measurement of the tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad and any other telecommunication facilities attached thereto which extend more than 20 feet over the top of the tower itself. Tower heights shall be measured from grade.

H. Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Upon commencement of construction of a tower in cases where there are residential uses located within a distance which is 300% of the height of the tower form the tower and when required by federal law, dual mode lighting shall be requested.

I. Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances the compatibility with adjacent land uses and the same shall be approved by the Land Use Board. For example, earth tone colors may be required for the fifty-foot portion of the tower which is close to land or shows background as a forest or other type scenery, or blue or sky colors may be required for the portion of the tower extending above 50 feet so that the same would blend in with the natural horizon.

J. Landscaping. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements as set forth in § 145-72, Subsections D, V and AA, of this chapter. In addition to said requirements, the Township may request a perimeter of tree which upon maturity would be 30 feet or higher forming a circular pattern around such tower, antenna support structure or telecommunications facility. Additionally, any nontree area shall be an aesthetically pleasing environment to enhance the compatibility with adjacent land use. A wooden fence may also be required, and any landscaping shall be installed outside of any such fencing. A fence may be required for safety purposes. All trees required shall be compatible with indigenous pineland trees.

K. Access. The parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Additional parking may be required by the Land Use Board based on use. Adequate area must exist for vehicles to turn around at the site. All access roads to the site must be paved with asphalt or be of compacted gravel.

L. Stealth design. All towers must attempt to use stealth design. For purposes of this section, the term "stealth design" shall be defined as the design of any tower or telecommunications facilities which enhances its compatibility with adjacent land uses, including, but not limited to, architectural design to look other than a tower such as light poles, power (utility) poles, and trees. The term "stealth" does not necessarily exclude the use of camouflaged lattice, guyed or monopole tower designs.

M. Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure if the applicant shall, by written certification to the Zoning Officer, establishes the following at the time plans are submitted for a building permit:

(1) 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.

(2) 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.

(3) Telecommunications facilities are prohibited on all other structures.

N. Modifications of towers.

(1) 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:

(a) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

(b) An application for a development permit is made to the Township Land Use Board which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this subsection allowing for modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

(c) The height of the modified or rebuilt tower and telecommunications facilities do not exceed the maximum height allowed under this chapter.

(2) 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.

O. Certification and inspections.

(1) 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.

(2) 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.

(3) 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).

P. Maintenance.

(1) 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.

(2) 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.

(3) 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.

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

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

(6) 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.

Q. Criteria for site plan development modifications.

(1) 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:

(a) In addition to the requirements for a tower application, the application for modification shall include the following:

[1] A description of how the plan addresses any adverse impact that might occur as a result of approving the modification.

[2] Description of off-site or on-site factors which mitigate any adverse impact which might occur as a result of the modification.

[3] A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by a licensed professional engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

[4] For modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for co-location, and the result of such attempts.

[5] The Land Use Board may require the application to be reviewed by an independent engineer under contract to the Township to determine to determine whether the antenna study supports the basis for the modification requested. The cost to review by said engineer shall be reimbursed from the applicant's escrow account.

(b) The Land Use Board shall consider the application and modification based on the following criteria, in addition to the statutory criteria for the grant of a use variance (N.J.S.A. 40:55D-70, Subdivision d).

[1] That the tower as modified will be compatible with and not adversely impact the character or integrity of surrounding properties and the existing zones.

[2] Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the mitigation.

[3] That the tower shall not negatively impact upon the scenic qualities of the Maurice River System, including its tributaries in the Township of Commercial.

[4] Written statement from the Township Emergency Management Coordinator that the proposed tower not negatively impact upon any emergency medical evacuation ("medivac") landing areas in regular use at the time of the application.

[5] In addition, the Land Use Board may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower to mitigate any adverse impacts which arise in connection with approval of the modification.

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

(a) In the case of a requested modification to the setback requirement under Subsection D, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to residentially zoned land.

(b) In the case of a request for modification to the separation and buffer requirements from other towers set forth in Subsection F that the proposed site is zoned industrial or heavy industrial and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided in said Subsection F.

(c) In the case of a request for modification of the separation and buffer requirements from residentially zoned land as set forth in Subsection F that the applicant provides written technical evidence from an engineer that the proposed tower and telecommunications facility must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and that the applicant or owner is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned properties.

(d) In the case of a request for modification of the height limits for towers and telecommunication facilities or to meet the minimum height requirements for antenna support structures that the modification is necessary to:

[1] Facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; and

[2] To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

R. Abandonment.

(1) 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.

(2) 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.

S. Minimum lot area. The minimum lot area for any lot which will have a tower located thereon within the Township shall be sufficient to comply with the setback requirements set forth in Subsection D. The minimum lot area shall be sufficient to permit a setback of a minimum 150% of the height of the tower measured from the perimeter of the base of the tower to the nearest property line. The height of the tower shall be calculated as set forth in Subsection G.

T. Site plan review. All application to determine whether or not a tower may be sited within the Township shall be submitted to be reviewed and approved by the Township Land Use Board. In addition to addressing the requirements set forth in this section, the Land Use Board shall consider any and all additional site plan requirements.

U. Federal approvals. In addition to the requirements set forth herein this section, all applicants must receive any and all necessary federal and state approvals, including, but not limited to, approval from the FCC and the FAA, if applicable.

V. Signs. No signs shall be permitted at or on any towers or antenna support structures except signs warning of any potential danger at such location.

§ 145-66 Village-oriented commercial or retail use.

A village-oriented commercial or retail use as defined in § 145-3C of this chapter may be established as set forth in Schedule of District Regulations[1] subject to the following conditions:

A. Purpose. The purpose of this section is to permit and regulate retail and commercial activities and uses, including the manufacturing of certain goods within a village, as identified in adopted Township Master Plan, and that will meet the needs of the village's residents and/or visitors while protecting the village character and, most especially, the mixing of residential and commercial uses to characteristics of a village setting as delineated in the Township Master Plan.

B. Standards.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

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

C. Any village-oriented commercial or retail use approved shall only continue to operate so long as it complies with the provisions of this chapter and the provisions or conditions imposed as part of site plan approval. Failure to comply with any of these above-mentioned requirements shall be deemed a violation of the zoning permit and this chapter.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-67 Windmills, energy conservation devices, generators and private communications facilities.

Windmills, including those used for the production of electric current, energy conservation devices such as solar panels for heating, generators for supply of emergency power supply and private communication installations, including noncommercial television and/or radio towers, antennae, satellite dishes and similar devices, may be installed as per the Schedule of District Regulations,[1] subject to the following conditions:

A. Windmills shall be permitted in connection with A Agricultural, RR Rural Resource, LI Light Industrial, and C/R Commercial/Recreation zoning districts when they meet the following standards:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

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

B. Energy conservation devises such solar heating panels and private communications equipment, such as dish or disc antennae, satellite antennae, television or radio towers and similar devices, shall be permitted in zoning district and in accordance with the following conditions:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

[2] Editor's Note: See Ch. 131 of this Code.

C. The permanent installation of electrical generators for the emergency provision of power shall be permitted in all zoning districts in accordance with the following provisions:

(1) 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.

(2) 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.

(3) The minimum setback for a permanently installed emergency power generator shall be 100 feet from the nearest property line if not installed within a structure or partial structure and 50 feet if installed within a shelter.

(4) 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.

(5) 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.

(6) 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.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

§ 145-68 Yard sales.

An owner or person in possession of real estate used for residential purposes may hold a yard, tag or garage sale not more than three times in any calendar year upon applying for a permit from the Zoning Officer. Issuance of such a permit shall be based on the following conditions:

A. A tag, yard or garage sale shall not exceed two consecutive days.

B. A maximum of four temporary off-site directional signs measuring not over two square feet in area each for any tag, yard or garage sale for which a permit is issued. All such signs shall be placed and removed in accordance with the provisions of § 145-50 of this chapter, except that no sign permit shall be required for such signs. Signs must be removed by the applicant within three days after the event.

C. Any tag, yard or garage sale shall be conducted only during the hours of daylight. The Zoning Officer may impose restrictions on the location of such a tag, yard or garage sale on a property and the hours of operation of said sale where it is determined, based upon consultation with the appropriate officials, that said sale would create a traffic hazard.

D. Tax exempt organizations are exempt from obtaining a permit under this section, but shall be subject to the standards set forth herein in connection with the frequency, hours of operation and the signs allowed for such sales.

E. All tables and merchandise shall be moved inside within 24 hours of the end of the permit or the permit holder will be subject to zoning violations.