Township of Evesham, NJ Article II Supplementary Regulations

§ 160-11 Prohibited and restricted uses.

A. Unless otherwise specifically provided in this chapter, the uses of lands and buildings permitted by this chapter shall not be construed to include any of the following: adult bookstore; adult retail; trailer camp; tourist cabin; outdoor carnival; bazaar; circus or similar project or activity; used car lot; any trade, occupation or industry or business whatsoever that is noxious or offensive by reason of causing or emitting noise, odor, dust, smoke, gas, vibration or any hazardous substance(s); junkyards or automobile wrecking yards; and outdoor sales of goods or services conducted on property without improvements and/or without any necessary permits/approvals from the Township.

B. No outdoor carnival, bazaar, circus or similar project or activity conducted within Evesham Township for charitable purposes on the property of the particular charity for a limited time not exceeding 10 days in any calendar year shall occur without authorization by the Zoning Board of Adjustment.

§ 160-12 Access from lots to streets.

All lots for single-family detached houses shall be contiguous for a distance of at least 25 feet to an improved public street, road or avenue maintained by Evesham Township, Burlington County or the State of New Jersey or contiguous to a dedicated street, road or avenue shown on a map or plan approved by the Evesham Township Council for filing in the office of County Clerk and duly filed in said office.

§ 160-13 Accessory buildings.

A. Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.

B. Accessory buildings shall not be constructed prior to the principal building, except for temporary sales trailers for residential housing developments and agriculturally related buildings such as barns or greenhouses. No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.

C. The height of accessory buildings shall be as prescribed in this chapter.

D. Location. An accessory building may be erected in side and rear yard areas and not in front yards and shall be set back from side and rear lot lines as prescribed in this chapter, except that, if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street and, except, further, that no poultry or livestock shelter shall be erected nearer than 100 feet to any lot lines, and any shelter or coop for the keeping of chickens on residential property pursuant to Chapter 65 of the Township Code shall only be erected in rear yard areas and not nearer than 10 feet to any lot lines.

[Amended 8-18-2020 by Ord. No. 8-8-2020]

E. Chicken coops or shelters are considered accessory buildings as applicable for the purposes of this chapter and are exempt from obtaining a zoning permit, provided they comply with all provisions of Chapter 65 of the Township Code. Said coops shall not count toward any building or impervious coverage limitations of the respective zoning district. All runs or enclosures shall comply with § 160-22, Fences, except that runs attached to compliant coops that are no higher than four feet in height, less than 100 square feet in area, and otherwise comply with the fence regulations under § 160-22, are exempt from obtaining a zoning permit pursuant to § 160-22A.

[Added 8-18-2020 by Ord. No. 8-8-2020]

§ 160-14 Agricultural activities.

All agricultural and horticultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, and all other activities covered by the Farmland Assessment Act of 1964, as amended, N.J.S.A. 54:4-23.1 et seq., shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service or the New Jersey Agricultural Experimental Station at Rutgers University.

§ 160-15 Air quality.

A. All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.11.

B. Applications for any residential development of 100 or more units and any other development involving more than 100 parking spaces shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

§ 160-16 Architectural review.

A. Architectural review and approval of building elevations by the Board or its designee shall include for historic areas:

(1) The general compatibility of the exterior design, arrangement and materials proposed to be used and any other factor, including aesthetics, which is deemed pertinent.

(2) The historic or architectural significance of the structure and its relationship to the historic value of the surrounding area.

(3) Period materials are required on historic structures, and new construction adjacent to an historic structure shall adhere to the following:

(a) Brick or clapboard siding shall be provided.

(b) Stucco will only be permitted where historically sustainable. An artist's conception shall be prepared and submitted to the Board for prior approval.

(c) The roofline shall slope to match the roof pitches of the period at a minimum pitch of eight to twelve.

B. The applicant will submit architectural renderings to the Planning Board for new construction outside of historic areas. This provision does not apply to single-family detached dwellings.

§ 160-17 Buffer and screen standards.

A. Purpose and applicability.

(1) Buffers and screens shall be included with submitted site plan and subdivision applications.

(2) The primary purposes of screening buffers is to eliminate views and reduce noise perception beyond the lot.

(3) The primary purpose of perimeter buffers and site element screens is to reduce views into lots.

B. Type, width and placement.

(1) Buffers and screens shall be one of the following types:

(a) Screening buffers shall be placed between incompatible land uses or zoning districts, as prescribed in Table 1, Screening Buffer Widths, located at the end of this chapter, and shall be placed adjacent to the higher classified street right-of-way on reverse frontage lots.

(b) Perimeter buffers shall be placed along boundary lines, which are not street lines; along state highway rights-of-way; and around the entire perimeter of stormwater management basins.

(c) Site element screens shall be placed around the perimeter of all parking lots or other similar vehicular use areas, including service stations and vehicular stacking lanes associated with a drive-through, but they need not be used along driveways or accessways. Site element screens shall also be placed around the nonaccessible sides of trash enclosures, equipment or storage buildings and yards, and utility boxes, when these elements are not otherwise screened from off-site views by buildings or preserved natural features.

(d) Screening buffers shall be placed between adjoining incompatible land uses or zoning districts and be of the widths specified in the following chart.[1] Perimeter buffers, indicated with a "P" in the chart, shall be placed between compatible land uses or zoning districts, and be a minimum of 15 feet in width.

[1] Editor's Note: Table 1, Screening Buffer Widths, is located at the end of this chapter.

(2) Buffer and screen widths shall be measured horizontally. If a reduction in buffer width is granted by the approving authority, then the minimum shrub planting requirements shall be doubled.

C. General buffer and screen composition and planting standards.

(1) Buffers and screens may be comprised of existing vegetation and natural features; proposed new or transplanted vegetation; existing or proposed fences, walls and/or berms. When berms are included in a buffer, a curvilinear or naturalistic arrangement is encouraged.

(2) No structure, activity, storage of materials or parking of vehicles shall be permitted within a buffer area.

(3) The location and design of buffers and screens shall consider the use being buffered or screened, the distance between the use and the property line, differences in elevations, the types of buffers or screens, such as dense planting, existing woods, a wall or fence, buffer height and width and other combinations of man-made and natural features. The buffer or screen shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to the property line or the more intense the use, the more effective the buffer or screen area must be in obscuring light and vision and reducing noise beyond the lot.

(4) The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen:

(a) A buffer length shall be measured at the property line or right-of-way line, and shall include all existing or proposed driveway openings or easements.

(b) Where buffer areas overlap, as in the case of side and rear tract boundaries, only the more stringent buffer shall apply in the area of overlap. However, care shall be taken to avoid unplanted gaps in what would be the area of overlap.

(c) The length of the perimeter of stormwater management basins shall be measured along the center of the basin's rim.

(5) All buffer and/or screen plantings along state highways shall require a berm as an integral part of the landscaping.

(6) All plantings shall conform to the size and standards prescribed in § 62-56, Natural features; landscaping.

(7) At least 50% of all shade trees and 25% of the shrubs shall be native to the region.

(8) At least 50% of the shrubs shall be evergreen.

(9) Up to 50% of the required shade trees may be substituted with ornamental trees at a ratio of two ornamental trees for each shade tree.

(10) Up to 50% of the required shrubs may be substituted with ornamental grasses, which attain a minimum height of three feet.

(11) A minimum of 50% of the buffer width must contain required plantings.

(12) Plants shall be distributed throughout the entire length of buffers, but need not be evenly spaced. However, there shall be no more than 100 feet between shade trees, 50 feet between evergreen trees, and 50 feet between shrub clusters.

(13) Buffer and screen plantings shall be broken at points of vehicular and pedestrian access, outside of clear sight triangles.

(14) The remainder of the buffer area shall be planted with ground covers, including lawn grasses or meadow plantings, as appropriate to the character of the site and adjacent lands.

D. Specific buffer and screen requirements.

(1) Screening buffers shall contain the following quantity of plant material per 100 feet of buffer length:

(a) For one-hundred-foot-wide buffers: two shade trees, plus six evergreen trees, staggered to block oblique views, plus 20 shrubs, plus a six-foot-high opaque fence.

(b) For seventy-five-foot wide buffers: two shade trees, plus four evergreen trees, staggered to block oblique views, plus 20 shrubs.

(c) For buffers up to 50 feet in width: two shade trees, plus two evergreen trees, plus 20 shrubs.

(2) Screening buffer plantings shall achieve an 80% opacity after five years' growth.

(3) Perimeter buffers shall contain one shade tree, plus two evergreen trees, plus 10 shrubs, plus either 20 ground cover shrubs or 300 herbaceous ground cover plants or bulbs per 100 feet of buffer length. Up to 50% of the ground cover shrubs may be substituted with perennials, at a rate of two perennials per ground cover shrub.

(4) Perimeter buffer plantings shall achieve a 50% opacity after five years' growth.

(5) Basin headwall and other structures shall be screened with required plantings; however, plantings shall not impeded the basin's function.

(6) Site element screens shall be one of the following types, according to use. If a use is not listed, the screen most suited to the use shall be used:

(a) Low screens shall be used around the perimeters of all parking lots or other similar vehicular use areas, including service stations and vehicular stacking lanes associated with a drive-through, and around trash enclosures or storage buildings when decorative walls, such as brick, latticework or split-face concrete block, are proposed.

(b) High screens shall be used adjacent to loading areas; around trash enclosures and storage buildings, when fencing or plain concrete masonry units are proposed; around transformers, maintaining the required clear distance; around vehicular storage areas that are not used as parking lots or sales areas, regardless of the vehicle's operating condition; and around utility tower and equipment yards.

(7) Low screens shall be comprised of evergreen or dense deciduous shrubs, capable of obscuring the glare of automobile headlights, shall be evenly spaced to form a continuous screen or hedge throughout the year, and shall be a minimum height of three feet at planting.

(8) High screens.

(a) High screens shall be comprised of either:

[1] Large evergreen shrubs, spaced no farther than four feet on center, or as needed to form a continuous screen at a height of six feet after five years' growth; or

[2] Evergreen trees spaced 12 feet on center, with evergreen shrubs placed between the evergreen trees, no farther than three feet on center.

(b) When high screens are used around utility yards and vehicular storage yards, a six-foot-high fence plus one shade tree per 50 feet of yard perimeter shall also be provided.

E. Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Rural Development (RD), Forest Agriculture (FA), and Forest Woodland (FW) Districts shall be considered scenic corridors. Except as otherwise authorized in this section, no permit shall be issued for development on a scenic corridor, other than for agricultural commercial establishments, unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.

(1) If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of § 160-47 so as to provide screening from the corridor.

(2) If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be required for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 160-47 so as to provide screening between the building and the corridor.

(3) These requirements shall not apply to residential cluster developments in the FA, FW, RD-1, RD-2, RD-3 and EP Districts which comply with the standards of § 160-19D.

[Added 7-25-2012 by Ord. No. 20-7-2012]

F. Pinelands Commission requirements shall be satisfied.

G. Transitional areas required for wetlands shall comply with NJDEP regulations and requirements and, in the Pinelands Area, with the requirements of § 160-51.

§ 160-18 Merger of contiguous lots.

Where two or more contiguous lots are under the same ownership and one or more of these lots are undersized in area or in any dimension, the entirety of the contiguous land holdings shall be considered as one lot and the requirements of this chapter shall apply.

§ 160-19 Cluster/conservation design subdivision development.

[Amended 5-17-2011 by Ord. No. 15-6-2011]

A. Purpose. Consistent with the definition set forth in § 160-5, cluster development is a method of developing land in a manner that balances development with the provision and protection of viable open spaces, conservation areas, floodplains, schools sites, recreation areas, and parks. The purpose of the cluster/conservation subdivision provisions is to provide for a flexible subdivision design approach that considers the environmental and physical attributes of a site, the site's relationship to the surrounding area, and the most desirable and appropriate locations for development and site disturbance. The cluster/conservation design provisions are intended to provide a framework that balances residential development with the protection of well-planned open spaces, including passive and/or active recreation areas and wooded and environmentally sensitive lands. It is anticipated that the cluster provisions will allow residential developments to be constructed at a lower cost per dwelling for streets, utilities and other site improvements, while also providing open space and/or recreational opportunities that are responsive to the physical characteristics of the site and that are appropriate to the needs of the community. The cluster/conservation design provisions may reduce the amount of clearing, grading, and construction disturbance resulting from subdivisions and will increase the quantity and quality of open spaces in the community, while providing a desirable visual environment through creative development techniques and design arrangements.

B. Cluster/conservation design procedure. In designing a cluster/conservation subdivision, the following steps should be followed to ensure that the design is consistent with the intent and purpose of the cluster/conservation subdivision provisions.

(1) Identify primary (wetlands, floodplains, steep slopes) and secondary conservation areas (woodlands, large trees over 24 inches, hedgerows, prime agricultural soils, important wildlife habitats, proposed greenway corridors or recreation areas, historic and cultural sites and structures). The Township's Environmental Resources Inventory may be used for reference.

(2) Locate development areas to protect the conservation and recreation areas and to maximize views of and access to the open space.

(3) Lay out roads, pedestrian and bike trails, and stormwater management areas.

(4) Draw lot lines consistent with the zoning requirements.

(5) Building lots must contain a minimum of 2,000 square feet of developable upland areas for townhouses and a minimum of 8,000 square feet of developable upland areas for single-family homes.

C. Open space requirements.

(1) A conservation or recreation easement restriction shall be placed on open space areas to ensure that the land will be preserved in perpetuity.

(2) Passive conservation or open space lands should be centrally located and adjoin as many residential lots as practical in order to increase the value of the lots and provide for the enjoyment of open space by as many residents as possible.

(3) Protected conservation or open space lands on one developed parcel should adjoin the conservation and open space lands on the adjoining parcels, in order to realize an interconnected network of open spaces and greenways over time.

(4) Where open space areas intended for active or passive recreation are behind residential lots, the open space area must have a minimum street frontage of 75 feet to ensure access to the residents of the development.

D. Cluster development in the Pinelands Forest and Rural Development areas. In the FA, FW, RD-1, RD-2, RD-3 and EP Districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

[Added 7-25-2012 by Ord. No. 20-7-2012]

(1) Permitted density:

(a) In the FA District: one unit per 20 acres.

(b) In the FW District: one unit per 12 acres.

(c) In the RD-1 District: one unit per six acres.

(d) In the RD-2 District: one unit per four acres.

(e) In the RD-3 District: one unit per 3.2 acres.

(f) In the EP District: one unit per 10 acres.

(2) Bonus density. The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection D(1) above. A bonus may be applied only for clustering outside the Black Run watershed area (shown for reference on the Zoning Map).

(a) When a developer or land owner controls land on both sides of the Black Run watershed boundary, the development shall, to the greatest extent possible, be located outside the watershed. Developers and land owners are strongly encouraged to acquire additional lands to expand opportunities to cluster outside the Black Run headwaters area.

(b) Procedure. In order to assess the applicability of the bonus, the watershed boundary should be identified on a property survey, and the total number of acres within and outside the Black Run watershed area should be identified. Residential lots should be clustered outside the Black Run watershed area to the greatest extent possible. The bonus will be applied proportionate to the percentage of the total number of units that the developer is able to locate outside the Black Run watershed area.

(c) Bonus calculation for clustering outside the Black Run watershed area.

	Parcel Size (acres)	RD-2 and RD-3 Zones	RD-1 Zone	FA, FW and EP Zones
	Less than 50	0%	0%	0%
	50 to 99.99	10%	15%	20%
	100 to 149.99	15%	20%	25%
	Greater than or equal to 150	20%	25%	30%

(3) The residential cluster shall be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d) Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4) Clustering may take place on noncontiguous parcels of land, provided that the parcels are within the same zoning district and are under common ownership.

(5) Development within the residential cluster shall be designed as follows:

(a) Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b) The minimum lot and building requirements specified in the appropriate Tables of Performance Regulations for single-family detached dwellings with clustering shall apply;

(c) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of N.J.A.C. 7:50-6.84(a)(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection D(6)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 160-50B(4) or N.J.A.C. 7:50-6.84(a)5. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 160-50B(4) or N.J.A.C. 7:50-6.84(a)5 shall also be permitted;

(d) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(6) The balance of the parcel located outside of the residential clustered lots shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Evesham Township or incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Evesham Township or another public agency or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for:

[1] Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 160; and

[2] Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

[c] For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection D(6)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection D(6)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

[d] The deed of restriction to be recorded pursuant to Subsection D(6)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e] For parcels which meet the standards of Subsection D(6)(b)[2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

§ 160-20 Corner lots; sight triangles.

Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard setback and shall not interfere with a required sight triangle. No hedge, tree, evergreen, shrub, bush or other planting shall be located on any corner lot in such a manner as to cause danger to traffic on a public street, road or avenue by obstructing the vision of persons operating vehicles on such public ways; and all hedges, trees, evergreens, shrubs, bushes and other plantings which, on the effective date of this chapter, shall be so located on corner lots as to cause such danger to traffic shall be cut and trimmed in such manner and to such extent that said danger to traffic shall not be increased. In the event that sight triangles extend beyond corner lots, the aforesaid properties shall be governed by the same provisions as above.

§ 160-21 Amount of developable land required.

Any lot proposed for development must contain developable land equal in area to at least 25% of the minimum lot size for the zoning district in which the lot is located. Moreover, there shall be an area of at least 15 feet behind any building constructed after the effective date of this chapter, which fifteen-foot area shall be outside of any and all buffers, including wetlands buffers affecting said property.

§ 160-22 Fences.

A. General regulations.

(1) No fences shall be erected within the municipality without the owner of the premises or his representative, authorized in writing to make such application, first obtaining a zoning permit from the Zoning Officer.

(2) Application for such fences shall be made in writing to the Zoning Officer of the Township of Evesham, New Jersey, and shall set forth the following information:

(a) The owner and address of the premises where the fence is to be erected;

(b) A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings;

(c) A sketch or plan of the fence;

(d) A certified plot plan or survey of the premises in question, which shall show abutting streets and the nearest intersection, and shall approximately indicate the location of structures within 10 feet of the fence.

(3) The fee for such permit shall be as provided in the Code of the Township of Evesham.

(4) Any existing deed restrictions shall not be superseded by this section.

(5) Fences accessory to farm operations are exempt from the requirements of this section with respect to permit, fee, construction or materials. This exemption shall not extend to that percentage of farm property set aside for residential purposes as delineated upon the property records of the Township.

(6) These fence regulations shall not apply to the erection of an open wire fence within a publicly owned park, playground or school premises if the need for such a fence for such uses as athletic fields is demonstrated to and approved by the Construction Official.

B. Fences on all residential lots and in the Historic District Overlay may be erected as hereinafter set forth:

(1) Fences shall be no closer than one foot to any right-of-way.

(2) Fences not exceeding 48 inches in height above ground level may be erected between the road, street and/or right-of-way and the building line.

(3) Fences not exceeding six feet in height above ground level may be erected between the front building line to the side property lines and to the rear of the property.

(4) Fences not exceeding 15 feet in height above ground level may be erected on a lot so as to enclose a tennis court; said fence to be set back from any lot line(s) the distances required for accessory buildings in the relevant zoning district specified in this Code.

(5) Front fences on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection.

(6) Fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Construction Official.

(7) All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.

(8) Barbed wire fences on any common party line with another dwelling or public right-of-way are prohibited, except on farms and in the IP District.

(9) Unless otherwise permitted by the New Jersey Uniform Construction Code, a private residential swimming pool area shall be surrounded by a fence at least four feet, but not more than six feet, in height. Swimming pool areas shall be located only in rear and side yard areas.

C. Regulations for nonresidential lots.

(1) Fences shall be no closer than one foot to any road, street and/or right-of-way.

(2) Fences shall not be less than four feet and not more than six feet in height.

D. Buffers shall meet the requirements specified in this Code.

§ 160-23 Fish and wildlife.

No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.

§ 160-24 Fire protection.

A. All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

B. The rights-of-way of all roads will be maintained so that they provide an effective firebreak.

C. A fire hazard fuelbreak shall be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover, including the use of prescribed burning as follows:

(1) In moderate fire hazard areas, a fuelbreak of 30 feet measured outward from the structure in which:

(a) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

(b) All dead plant material is removed.

(2) In high fire hazard areas, a fuelbreak of 75 feet measured outward from the structure in which:

(a) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.

(b) All dead plant material is removed.

(3) In extreme high hazard areas, a fuelbreak of 100 feet measured outward from the structure in which:

(a) Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.

(b) No pine tree (species Pinus) is closer than 25 feet to another pine tree.

(c) All dead plant material is removed.

(4) All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuelbreak between all structures and the forest in which:

(a) Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.

(b) All dead plant material is removed.

(c) Roads, rights-of-way, wetlands and waste disposal sites shall be used as firebreaks to the maximum extent practical.

(d) There is a specific program for maintenance.

(5) All proposed developments or units or sections thereof of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

D. All structures shall comply with the requirements of the New Jersey Uniform Construction Code.

§ 160-25 Forestry.

A. Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(1) Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

(2) Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

(3) Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

(4) Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and

(5) Prescribed burning and the clearing and maintaining of fire breaks.

B. Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(1) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(2) For all other forestry applications:

(a) The applicant's name and address and his interest in the subject parcel;

(b) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(c) The description, including block and lot designation and street address, if any, of the subject parcel;

(d) A description of all existing uses of the subject parcel;

(e) A brief written statement generally describing the proposed forestry operation;

(f) A USGS Quadrangle map, or copy thereof, and a copy of the municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

(g) A forestry management plan that includes, as appropriate:

[1] A cover page for the plan containing:

[a] The name, mailing address and telephone number of the owner of the subject parcel;

[b] The municipality and county in which the subject parcel is located;

[c] The block and lot designation and street address, if any, of the subject parcel;

[d] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[e] The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

[2] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[3] A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[a] The number of acres;

[b] The general condition and quality of each stand;

[c] The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above;

[d] An inventory and map of Pinelands native forest types with native forest types broken into "stands," including information on type, size and volume by species;

[e] The age of representative trees;

[f] The species composition, including overstory, understory, ground layer structure and composition;

[g] The stand cohort composition;

[h] The percent cover;

[i] The basal area;

[j] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[k] The condition and species composition of advanced regeneration when applicable;

[l] A stocking table showing the stocking levels, growth rates and volume;

[m] Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;

[n] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

[i] Stand improvement practices;

[ii] Site preparation practices;

[iii] Harvesting practices;

[iv] Regeneration and reforestation practices;

[v] Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

[vi] Herbicide treatments;

[vii] Silvicultural treatment alternatives;

[viii] If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

[ix] Implementation instructions; and

[x] Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[o] A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

[4] A map of the entire parcel which includes the following:

[a] The owner's name, address and the date the map was prepared;

[b] An arrow designating the North direction;

[c] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[d] The location of all property lines;

[e] A delineation of the physical features such as roads, streams and structures;

[f] The identification of soil types (a separate map may be used for this purpose);

[g] A map inset showing the location of the parcel in relation to the local area;

[h] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[i] A legend defining the symbols appearing on the map.

(h) A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 160-23 and 160-47E;

(i) A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 160-28;

(j) A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;

(k) A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(l) Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below; and

(m) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

(n) When prior approval for the forestry activities has been granted by the Zoning Officer or other City approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 15-38, Condition on prior approval by Township.

C. Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(1) All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

(2) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(3) The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:

(a) Clearcutting cedar and managing slash;

(b) Controlling competition by other plant species;

(c) Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

(d) Utilizing existing streams as cutting boundaries, where practical;

(e) Harvesting during dry periods or when the ground is frozen; and

(f) Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

(4) All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 160-23 and 160-47E. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

(5) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

(6) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 160-28;

(7) A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

(8) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

(a) Minimize changes to surface water and groundwater hydrology;

(b) Minimize changes to temperature and other existing surface water quality and conditions;

(c) Prevent unnecessary soil erosion, siltation and sedimentation; and

(d) Minimize unnecessary disturbances to aquatic and forest habitats.

(9) The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

(a) In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;

(b) Herbicide treatments shall be permitted, provided that:

[1] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection B(2)(j) above;

[2] Control of competitive plant species is clearly necessary;

[3] Control of competitive plant species by other, nonchemical means is not practical;

[4] All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and

[5] In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

(c) Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;

(d) Disking shall be permitted, provided that:

[1] It shall not be permitted in pine plains native forest types;

[2] Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

[a] Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

[b] Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

[3] It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[4] It shall follow land contours when slopes are discernible;

(e) Root raking shall be permitted, provided that:

[1] It shall not be permitted in pine-shrub oak native forest types or Pine Plains native forest types;

[2] When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] Root raking debris shall not be piled in wetlands;

(f) Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and

(g) Drum chopping shall be permitted, provided that:

[1] It shall not be permitted in pine plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

[2] It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] It shall adhere to the following procedures:

[a] No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

[b] Drums shall remain unfilled when used during the dormant season;

[c] Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

[d] Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[e] Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

(10) The following standards shall apply to silvicultural practices for harvesting:

(a) Clearcutting shall be permitted, provided that:

[1] It shall not be permitted in pine plains native forest types;

[2] It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

[3] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

[4] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[5] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and

[6] The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;

(b) Coppicing shall be permitted in all Pinelands native forest types, provided that:

[1] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[2] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[4] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years; and

[5] The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;

(c) Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:

[1] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[2] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[4] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years;

[5] The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;

[6] Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

[7] Residual seed trees shall be distributed evenly throughout the parcel; and

(d) Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.

(11) The following standards shall apply to silvicultural practices for forest regeneration:

(a) Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection C(11)(b) below; and

(b) Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:

[1] The use of non-native cuttings, seedlings or seeds shall not be permitted;

[2] The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

[3] Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[4] When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

(12) Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

(13) Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

(14) A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

D. Forestry permit procedures.

(1) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

(2) Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

(3) Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

(4) Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.

(5) Failure of the Zoning Officer to act within the time period prescribed in Subsections D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

(6) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§ 15-37 through 15-40.

(7) Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

E. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

F. Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

§ 160-26 Floodplains, floodways and flood hazard areas. [1]

A. Map of floodway and flood hazard area. The following maps (and other sources of information if deemed appropriate) shall be used to specify floodway and flood hazard areas for channels in the Township:

(1) Soil Survey for Evesham Township, Burlington County, New Jersey, United States Department of Agriculture, Soil Conservation Service.

(2) Master Plan for Evesham Township, Burlington County, New Jersey, Evesham Township Planning Board.

(3) Federal Emergency Agency Flood Insurance Study.

B. Permitted uses.

(1) Floodway. In a floodway, no development or storage of material shall be permitted except as authorized in the wetlands section below.

(2) Flood hazard area. In the flood hazard area, no building or structure shall be permitted if the elevation of any floor of such a structure, including basement, shall be less than one foot above the flood hazard area design flood profile. The following uses are permitted, provided that they are in accordance with the requirements of the wetlands section below:

(a) Parks, playgrounds and conservation areas.

(b) Growing and harvesting of crops.

(c) Unpaved parking areas.

(d) Underground utilities.

(e) Sealed public water supply wells.

(f) Yard areas for uses permitted in the adjoining zoning district upon approval of the Planning Board that the portion of the floodplain is part of the same lot in the adjoining district.

[1] Editor's Note: See also Ch. 78, Flood Damage Prevention.

§ 160-27 Garbage and refuse disposal units.

A. All nonresidential uses shall provide and utilize outside trash enclosures (dumpsters) for the elimination of trash and/or garbage.

B. All trash enclosures (except for single-family residences) shall be located so as to be hidden from the view of passing motorists and pedestrian traffic.

C. All trash disposal units (except for single-family residences) shall be enclosed by a decorative fence.

D. All trash disposal units shall separate and provide distinct approved containers for recyclable and nonrecyclable trash.

E. Where refuse disposal units are used in townhouse or apartment dwellings, the following requirements shall apply:

(1) No more than one disposal unit will be permitted for each 10 dwelling units.

(2) Refuse disposal units shall be conveniently located within a minimum of 25 feet, but not more than 100 feet, of the building.

F. Developers of new residential construction shall be responsible for paying for the cost that the municipality incurs for providing trash containers to all residential units in the development.

[Added 6-16-2015 by Ord. No. 20-6-2015]

§ 160-27.1 Recycling.

[Added 8-20-2013 by Ord. No. 17-6-2013]

A. Purpose. The Township of Evesham finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.

B. Statutory authority. This section is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1, and any amendments adopted thereto.

C. Definitions. As used in this section, the following definitions shall apply:

ACT or SWMA

The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

BURLINGTON COUNTY REGIONAL PROGRAM

The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CLASS A RECYCLABLE MATERIAL

Source-separated, nonputrescible metal, glass, paper and plastic containers; and corrugated and other cardboard.

COMMINGLED

A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION

A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX

A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed provides for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CORRUGATED AND OTHER CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.

COUNTY

The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.

CURBSIDE DESIGNATED RECYCLABLES

Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER

A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DEP or DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

Those recyclable materials to be source separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.

DSW

The Burlington County Department of Solid Waste, its successors and assigns.

FIBER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material, whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

MOBILE HOME PARK

Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.

MULTIFAMILY DWELLING

Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes, whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 13A-1 et seq.), and N.J.S.A. 40:66-1.2 et seq.

MUNICIPALITY

The Township of Evesham, located within the County of Burlington, State of New Jersey.

MUNICIPAL SOLID WASTE

Residential, commercial and institutional solid waste generated within a community.

PAPER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material, whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON

Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

QUALIFIED PRIVATE COMMUNITY

A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in Section 1 of P.L. 1993, c. 258 (45:22A-49), shall be considered to be a qualified private community.

RECYCLABLE MATERIALS

Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING

Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RESIDENT

Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE

Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.

SWMA

The New Jersey Solid Waste Management Act, as amended.

SOURCE SEPARATED

Recyclable materials separated from the solid waste stream at the point of generation.

D. Design of containment areas for designated recyclable materials on residential sites.

(1) Design standards for common area recycling storage locations.

(a) In accordance with the municipal Recycling Ordinance located at Chapter 118, every multifamily and qualified private community within the Township of Evesham shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property. Compliance with this section is required for all new applications and for all existing properties that propose improvements or modifications to the property which require a site plan amendment or site plan approval. Existing properties for which no improvements are proposed are not required to meet this requirement but may do so if they choose to.

(b) Each common area recycling storage location shall, at a minimum, conform to the following standards:

[1] The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of the size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.

	Minimum Container Capacity Requirements for Weekly Recycling Service
	Dual Stream Collection	Fiber (paper and cardboard)	Commingled (bottles and cans)
	Non-age-restricted complex	One cubic yard of capacity for every 15 dwelling units	0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units
	Age-restricted complex	One cubic yard of capacity for every 20 dwelling units	0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units
	Single Stream Collection	Fiber and Commingled	—
	Non-age restricted complex	2 cubic yards of capacity for every 20 units	—
	Age-restricted complex	1.4 cubic yards of capacity for every 20 units	—

	Common Container Dimensions
	Size	Length (inches)	Width (inches)	Height (inches)
	1 cubic yard	72	24	29
	2 cubic yards	72	34	45 (rear)/34 (front)
	3 cubic yards	72	43	48 (rear)/40 (front)
	4 cubic yards	72	51	56 (rear)/46 (front)
	6 cubic yards	80	66	71 (rear)/47 (front)
	8 cubic yards	80	71	86 (rear)/53 (front)

[2] Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.

[3] The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.

[4] Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s).[1]

[1] Editor's Note: The Common Area Recycling Storage Location (Dual Stream) Detail is included as an attachment to this chapter.

[5] The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:

COLLECTION VEHICLE APPROACH DETAIL

[6] Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.

[7] Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

[8] Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.

(2) Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.

(a) Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.

(b) Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing, at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.

(c) Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing, at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.

(d) Developers of new residential construction shall be responsible for paying for the cost that the municipality incurs for providing recycling containers to all residential units in the development.

(e) Construction. The terms and provisions of this section are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This section shall be construed in pari materi with the SWMA and the County Plan.

§ 160-28 Historic, archaeological and cultural resources.

A. Establishment of a system of historic preservation regulations.

(1) Chapter 12A of the General Ordinances of the Township of Evesham, being entitled "Historic Preservation Commission," establishes the body referred to as the Historic Preservation Commission and is referred to in this section as the "Commission."

(2) In adopting this section, it is the intention of the Evesham Township Council to create a framework of regulations that will be employed by the Commission and used to review all development activities involving the exterior of individually designated historic landmarks or buildings and structures located within designated historic districts.

(3) This section does not require or prohibit any particular architectural style, rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near a landmark should not necessarily duplicate the exact style of the landmark; it must be compatible with and not detract from the landmark.

(4) The boundaries of the locally designated historic district are depicted on the Evesham Township Zoning Map and are situated within a specific Historic District Overlay designation. Additionally, there are over 40 designated individual historic landmarks in Evesham Township that are not located within the Historic District Overlay, but do fall under the jurisdiction of this section. Other historic districts or individually designated historic landmarks may be established from time to time according to the criteria enacted by this section.

B. Intended purposes. These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Township's environment in order to:

(1) Safeguard the heritage of Evesham Township by preserving resources within the Township which reflect elements of its cultural, social, economic, archaeological and architectural history;

(2) Encourage the continued use of historic landmarks and to facilitate their appropriate use;

(3) Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects, or districts within the Township of Evesham;

(4) Stabilize and improve property values within the historic districts and foster civic pride in the built environment;

(5) Promote appreciation of historic landmarks for education, pleasure and the welfare of the local population;

(6) Encourage beautification and private reinvestment;

(7) Manage change by preventing alteration or new construction not in keeping with the historic districts or individually designated historic landmarks;

(8) Discourage the unnecessary demolition of historic resources;

(9) Recognize the importance of individual historic landmarks located outside of historic districts by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this section;

(10) Encourage the proper maintenance and preservation of historic settings and landscapes;

(11) Encourage appropriate alterations of historic landmarks;

(12) Enhance the visual and aesthetic character, diversity, continuity and interest in the Township;

(13) Promote the conservation of historic sites and districts and to invite and encourage voluntary compliance.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADDITION

The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any individually designated historic landmark or any structure within a designated historic district.

ADMINISTRATIVE APPROVAL

An approval issued by the administrative officer following referral to an action by the Chairman of the Township Historic Preservation Commission, in place of action of the full Commission, and in accordance with the provisions of N.J.S.A. 40:55D-111.

ADMINISTRATIVE OFFICER

The person designated by the Township Manager to handle the administration of historic project review applications as well as the coordination of building permit applications as referred in this section.

AFFECTING A LANDMARK OR HISTORIC DISTRICT

Any development activity which alters the exterior architectural appearance of an historic landmark or any improvement within an historic district.

ALTERATION

Any work done on any improvement which is not an addition to the improvement and constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.

APPLICANT

Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, renovation, repair or demolish a structure that is governed under this section of the municipal ordinances.

ARCHITECTURAL FEATURE

Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color and texture of the building materials, signs and other decorative and architectural elements.

BUILDING

A structure designed for the habitation, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls, and usually, but not necessarily, covered with a roof.

CERTIFICATE OF APPROPRIATENESS

The certificate issued by the administrative officer that is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure pursuant to this section of the municipal ordinances.

CULTURAL RESOURCE INVENTORY

The municipal-wide inventory of cultural resources that was undertaken by J.W. Foster and R.P. Guter in 1985 and the municipal-wide inventory of cultural resources that was prepared by Preservation Design Partnership, of Philadelphia, PA in 1996.

DEMOLITION

Partial or total razing or destruction of any historic landmark or of any improvement within an historic district.

DISREPAIR

The condition of being in need of repairs; a structure or building in disrepair.

HISTORICALLY CERTIFIED COLORS

Those paint colors that are found to be traditionally associated with specific architectural styles or periods of architectural design. For the purposes of an application made to the Evesham Township Historic Preservation Commission, such paint color or combination of colors shall be obtained from the following paint manufacturer color charts, or documented equivalents: Finnaren & Haley Authentic Colors of Historic Philadelphia; Finnaren & Haley Victorian Hues; Sherwin-Williams Heritage Colors; Pratt & Lambert Historical Homes; and Benjamin Moore Historical Color Collection.

HISTORIC DISTRICT

A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage, or continuity of sites, buildings, structures and/or objects which, viewed collectively:

(1) Represent a significant period(s) in the development of the Township; or

(2) Have a distinctive character resulting from their architectural style; or

(3) Because of their distinctive character can readily be viewed as an area or neighborhood (district) distinct from surrounding portions of the Township.

HISTORIC DISTRICT RESOURCES

Those resources classified as either key, contributing, or noncontributing, which are defined as:

(1) KEY Any buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.

(2) CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.

(3) NONCONTRIBUTING Any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC LANDMARK(S)

Any buildings, structures, sites, objects or districts which possess integrity of location, design, setting, materials, workmanship, and association and which have been included in the 1985 and 1996 municipal-wide Cultural Resource Inventories, and determined, pursuant to the terms of this section, to be:

(1) Of particular historic significance to the Township of Evesham by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community; or

(2) Associated with the historic personages important in national, state or local history; or

(3) The site of an historic event which had a significant effect on the development of the nation, state or community; or

(4) An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or

(5) Representative of the work or works of a locally, regionally or nationally important or recognized builder, designer, artist or architect; or

(6) Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or

(7) Able or likely to yield information important in prehistory or history.

HISTORIC PRESERVATION COMMISSION

The body which, for the purposes of this chapter, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as set forth in Chapter 12A of the ordinances of Evesham Township.

IMPROVEMENT

Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 continuous days.

MASTER PLAN

The Master Plan of the Township of Evesham, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

MUNICIPAL LAND USE LAW

The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.

NONORDINARY REPAIR

Any repair which does not constitute an "ordinary repair" under the definition of that term as set forth in this section of this chapter.

OBJECT

A thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.

ORDINANCE

A legislative act of the governing body of a municipality adopted in accordance with statutory requirements as to notice, publicly, and hold public hearings as required by law.

ORDINARY REPAIR

Repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition and appearance prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, using the same materials having the same appearance.

PRACTICAL

A determination by the Historic Preservation Commission, after review of an application, if the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the Standards of the Secretary of the Interior or as may be set forth in the Olde Marlton Master Plan and Design Guidelines book and local zoning requirements.

PRESERVATION

The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this particular activity; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional is appropriate within a preservation activity.

RECONSTRUCTION

The act or process of depicting, by means of new construction, the form, features and detailing of a nonsurviving site, landscape, building, structure or object, for the purpose of replicating its appearance at a specific period of time and in its historic location.

REHABILITATION

The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those proportions or features which convey its historical, cultural or architectural values.

REMOVAL

To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.

REPAIR

Any work done on any improvement which:

(1) Is not an addition to the improvement; and

(2) Does not change the exterior architectural appearance of any improvement.

REPLACEMENT

The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.

RESTORATION

The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.

SECRETARY OF THE INTERIOR'S STANDARDS

The publication issued by the U.S. Department of the Interior, National Park Service, entitled "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," issued in 1995 and revised from time to time.

SITE

The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object, or the location itself possesses historic, cultural, or archeological significance.

STRUCTURE

A combination of materials used to form a construction for the purposes of occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above, or below the surface of the land. For purposes of this section of this chapter only, the word "structure" shall also include fences which are over three feet in height; walls, other than retaining walls not projecting more than 12 inches above the ground at the highest level; independent radio and television antennas; gasoline pumps; gazebos, pergolas and swimming pools.

D. Application of provisions. The following regulations shall apply to all historic resources in a district and to any other historic landmarks which are designated in accordance with the procedures outlined in Subsection F.

E. Permitted uses. All uses permitted for an historic landmark or for structures or buildings located within an historic district shall be those uses designated by the Official Zoning Map and such sections of this chapter that are applicable. Such uses zoned for shall not be altered by the designation as an historic district or individual historic landmark designations.

F. Area and height regulations. The maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in this chapter for the respective zones, except that the Planning Board or Zoning Board may grant variances and waivers from such regulations where necessary to preserve historic characteristics of a building, structure, historic landmark or site.

G. Designation of historic landmarks, historic districts.

(1) There is hereby created an Historic District Overlay within the Township of Evesham, the boundaries of which are depicted on the Official Zoning Map.

(2) Notwithstanding nonconforming uses, the permitted uses in the Historic District Overlay area shall be those of the underlying zoning district(s).

(3) All buildings and/or structures surveyed or identified as having architectural, historical or archaeological significance in the Cultural Resources Survey (on file with the Township Clerk), including all structures identified in the appendixes, are hereby designated as local historic landmarks. The regulations pursuant to this designation as contained herein shall all be in addition to those otherwise in force in the respective zoning district of which the landmarks are a part.

(4) If the Commission desires, it may recommend that the Planning Board and Township Council create new historic district(s) or landmark(s), or add any additional land area to the zone district that includes the historic district by means of extending the boundaries. The Commission shall first review each proposed property in consideration of, but not limited to, the National and New Jersey Register Criteria for designating historic sites as referenced in N.J.A.C. 7:60-6.154 (Pinelands designation criteria), and the Historic Preservation Office's criteria as contained and referenced in the Historic Preservation Plan Element of the Township of Evesham's Master Plan. The Commission shall then make a list and map of each property recommended for historic landmark designation by specifying the location, boundaries, property owner's name, brief description and significant reasons for such designation. The Commission shall then by certified mail:

(a) Notify each landowner that his or her property is being considered for historic landmark designation and explain the significant reasons therefor and consequences of such designation.

(b) Advise each property owner of their opportunities and right to challenge or contest such consideration.

(c) Notify each property owner of the public meeting or hearing to be held to discuss landmark designations.

(d) As soon as practicable, the Commission shall hold a public hearing at which all interested persons shall be entitled to present their opinions, suggestions and objections prior to the Commission voting on its recommendation to the Planning Board. At least 10 days before such a hearing, a notice of the hearing shall be published in a newspaper that has been officially designated by the municipality.

(e) After full consideration of the evidence brought out at the public hearing held on any such proposed designation, the Commission shall make its final recommendation on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each historic landmark and historic district designation. Such final advisory report shall also include a list and map of the sites being recommended and be submitted to the Planning Board, Township Manager and the Township Council. The Planning Board and Township Council may then consider whether to adopt the designation list and map by ordinance for inclusion in the Master Plan and the Land Use Ordinance. Once adopted, the designation list and map may be amended in the same manner in which it was adopted.

(f) Following adoption by the Planning Board and Township Council, certificates of designation shall be served by certified mail upon the property owner of each designated landmark, and a true copy thereof shall be filed with the Tax Collector and Tax Assessor who shall maintain a record of all historic designations on the tax rolls. Copies of the designation list and map as adopted shall be made public and distributed to all municipal agencies reviewing development applications, construction and zoning permits.

H. Actions requiring certificates of appropriateness and review by the Historic Preservation Commission.

(1) Before work can commence on any of the following activities within the zone district incorporating the historic district, or work that affects the exterior of any historic landmark, as identified in the "Cultural Resources Survey," a certificate of appropriateness shall first be issued by the administrative officer for:

(a) Demolition, in whole or in part, of an historic landmark or of any improvement within a designated historic district.

(b) Relocation of any improvement within a designated historic district or of any historic landmark.

(c) Significant, nonhistoric changes in exterior appearance by means of repainting (not to include repainting in the same color or an historically certified color).

(d) Changes in exterior appearance by means of nonordinary repairs, replacement, rehabilitation, alteration or addition to any historic landmark or any improvement within a designated historic district.

(e) New construction taking place within a designated historic district or on the tax map lot of a designated historic landmark.

(f) Changes in or additions of new signage or exterior lighting.

(g) Zoning variances affecting an historic landmark or any improvement within a designated historic district.

(h) Roadway widening projects.

(2) A certificate of appropriateness shall not be required for the following:

(a) Any plan, project or work requiring site plan and/or subdivision approval by the Planning Board or Zoning Board.

(b) Changes to the interior of buildings and structures, unless the interior has been expressly found to contribute to the historic significance of the building or structure. This section shall apply only to those buildings and structures within the Pinelands Area.

[Amended 2-5-2002 by Ord. No. 30-10-2001]

(c) Repair and replacement work to noncontributing buildings within a designated historic district which shall include the following:

[1] Exterior painting.

[2] The replacement of glass in any window or door. However, the replacement of glass shall be the type and quality so as to comply with the minimum requirements of the code.

[3] The installation and replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. Any new door or window shall be of the same type, and operation, as the existing and shall not reduce the minimum requirements of the Code for means of egress and emergency escape.

[4] Repair of any nonstructural member such as a railing.

[5] The repair of existing roofing material with like material.

[6] The repair of existing siding with like material.

[7] The repair of any part of a porch or stoop which does not structurally support a roof above.

[8] The replacement or installation of screens.

[9] Replacement of exterior rainwater gutters, downspouts and leaders.

[10] The repair or replacement of any exterior trim, decoration or moldings.

(d) When an historic landmark or any improvement within a designated district requires immediate or emergency nonordinary repair to preserve the continued habitability of the landmark and/or the health, safety and welfare of the occupants, such nonordinary repairs may be performed in accordance with the Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the nonordinary repairs shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, to protect the health and safety of the general public, and/or to maintain the habitability of the landmark as determined by the Township Construction Official. The repair shall be temporary in nature until the Historic Preservation Commission has had the opportunity to review and comment on the nonordinary repair work. In such cases, the property owner shall immediately notify the administrative officer of such nonordinary repairs. A request for a review shall be made as soon as possible, and no further work shall be performed upon the historic landmark until an appropriate approval is obtained in accordance with the procedures set forth in this chapter. The Chairperson may call a special meeting of the Commission in accordance with the provisions for emergency review with cases of extreme emergency which call for extensive nonordinary repairs or alterations, and in accordance with the requirements of N.J.S.A. 40:55D-111, as amended. Before any work shall be undertaken which involves any resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154(a) or (b)1, notice shall be given to the Commission in accordance with the provisions of Subsectoin J(4).

(3) Procedures for emergency review.

(a) The Commission, in addition to conducting reviews at its regularly scheduled meetings, may conduct emergency review meetings when necessary at the call of the Chairperson to review an application on an accelerated basis.

(b) The emergency meetings may be held when any action requiring consideration of an historic landmark requires immediate or emergency nonordinary repair to preserve the continued habitability of the landmark and/or the health, safety, and welfare of its occupants or others.

(c) An emergency meeting may be held as soon as possible upon appropriate notification and normal public notice.

(4) Appellate review of any decision of the Commission may be taken to the Zoning Board of Adjustment.

(a) In the case of any item not requiring a certificate of appropriateness, or significant, nonhistoric changes in exterior appearance by means of repainting [i.e., the use of a new color or color scheme, as described in Subsection H(1)(c)], the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-70, Subdivision a, shall determine whether there is an error in any order, requirement, decision or refusal made by the administrative officer or the Commission. Furthermore, pursuant to N.J.S.A. 40:55D-70.2, the Zoning Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

(b) In the case of an appeal as referenced in Subsection H(4)(a), the aggrieved party shall notify the Zoning Board of Adjustment of said party's intention to appeal the order, requirement, decision or refusal made by the administrative officer or the Commission. Said notice of appeal must be filed within 30 days of the adoption of the order, requirement, decision or refusal being appealed. Failure to provide said notice within the thirty-day limit will act as a bar to any future appeal.

(c) The scope of appeal by the Zoning Board shall be de novo based upon the record before the Commission and any supplemental or corroborative evidence. The Commission or its representative shall be entitled to present any evidence deemed necessary to address or contradict any new evidence or substantially different evidence from that presented to the Commission.

(5) In the case of a referral by the administrative officer of a minor application for the issuance of a permit pertaining to historic sites or property in historic districts, as defined in the Zoning Ordinance, the Chairman of the Historic Preservation Commission may act in the place of the full Commission in issuing a recommendation for the certificate of appropriateness.

(6) A certificate of appropriateness may also be issued by way of an administrative approval for the following types of minor work:

(a) Changes to the appearance of existing signage that does not involve altering the existing area of the sign.

(b) Replacement of fences employing similar materials.

(c) Work involving repairs and replacements, provided period-appropriate, in-kind materials are utilized of proper size, scale, configuration, color and/or texture.

(d) Installation of landscaping plantings.

I. Standards and review design criteria of application for a certificate of appropriateness.

(1) It shall be the duty of all property owners, and/or municipal officials reviewing permit applications involving real property or improvements thereon, to confer with the administrative officer for a determination whether such application involves any activity which should be subject to a certificate of appropriateness. If a formal review by the Commission is warranted, the Commission shall serve in an advisory capacity to the administrative officer making recommendations based on its findings, in accordance with N.J.S.A. 40:55D-111.

(2) An application for a certificate of appropriateness shall be submitted on forms provided by the administrative officer. Each application submission shall include, at a minimum, the following information:

(a) Those drawings, plans, photographs, manufacturer specifications, and sample materials that are required by the administrative officer, and/or as may be noted in the application checklist.

(b) Detailed drawings, when required by the administrative officer, which shall be drawn at the appropriate scales and shall depict the exact work to be performed, including renderings of the exterior of any proposed new building and/or structure or any exterior alterations to existing improvements. A detailed plot plan delineating the relationship of the renderings of the proposal in relation to adjacent improvements, buildings and/or structures or surrounding lands may be required as determined by the administrative officer. Drawings shall be prepared and sealed by either a New Jersey licensed registered architect or other New Jersey licensed design professional or by the residing property owner of a single-family dwelling under his/her ownership with an accompanying affidavit of ownership, as required by P.L. 1989, Chapter 277 (commonly known as the "Building Design Services Act"[1]) or other applicable laws of the State of New Jersey.

[1] Editor's Note: See N.J.S.A. 45:4B-1 et seq.

(c) A statement of the relationship of the proposed work to the standards for designation in N.J.A.C. 7:50-6.154(b) and the standards for approval of certificates of appropriateness as set forth in the following subsections.

(3) The aforesaid information, when required, shall be submitted by the administrative officer to the Historic Preservation Commission for a report of review and recommendation in accordance with N.J.S.A. 40:55D-111.

(4) The administrative officer shall, upon receipt of an application for a certificate of appropriateness, when required, schedule the application for a meeting with the Historic Preservation Commission, and shall give written notice to the applicant confirming the date, time and location of said meeting. The Commission's deliberations shall be conducted in accordance with the Open Public Meetings Act. The applicant or a duly authorized representative shall be present at the scheduled meeting. Any application which is not properly represented may be denied without prejudice by the administrative officer.

(5) Hearings relating to applications for a certificate of appropriateness for demolition or relocation of historic landmarks shall be public hearings advertised in the manner provided by N.J.S.A. 40:55D-1 et seq. In these cases, the applicant shall be responsible for providing the required legal notice in accordance with the law and shall submit the following:

(a) A list of all property owners' names and addresses within 200 feet of the subject property boundary lines that have been sent certified mail notice of the hearing not less than 10 days before it is to be heard; and

(b) Proof of publication of a notice of the scheduled hearing in the official newspaper of the municipality not less than 10 days before the hearing.

(6) In reviewing the application, the administrative officer or the Historic Preservation Commission, as the case may be, shall consider and make specific findings upon whether the applicant may make any responsible use of the subject property (as permitted by the applicable Zoning Ordinance) in the event that the application should be denied or granted with conditions. No application may be denied or modified in the absence of a specific finding by the administrative officer that such denial or condition of approval will not render the property useless for a permitted use. The administrative officer shall be bound by the decision rendered by the Historic Preservation Commission, the Zoning Board of Adjustment, or the Planning Board, as may be the case, depending upon which agency has review authority on the application.

(7) In its review, the administrative officer or the Historic Preservation Commission, as the case may be, may also be guided by the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and the Preservation Briefs (prepared by the U.S. Department of the Interior, National Park Service, Washington, D.C., and as amended from time to time), as well as the Cultural Resources Survey, the Historic Preservation Plan Element of the Evesham Township Master Plan, and the Pinelands Cultural Resources Management Plan for Historic Period Sites. The Olde Marlton Master Plan and Design Guidelines, Olde Marlton Village Historic District Architectural Design Guide Book, and Historic Tree and Landscaping Plant List may also be used in the determination. In the event that there is a conflict between any of the documents referenced above and the Secretary of the Interior's Standards, the Standards of the Secretary of the Interior shall prevail.

(8) With respect to applications for demolition, the Commission shall first consider whether preservation of the historic landmark in place is feasible or, failing that option, whether preservation of the historic landmark at another location is feasible.

(a) In determining whether preservation of the historic landmark in place is feasible, the following shall be considered:

[1] Whether the historic landmark represents the last or best remaining example of its kind in the Township that possesses research potential or public education values.

[2] Whether the historic landmark can be preserved by protecting its location from disturbance.

[3] Whether affirmative measures, such as stabilization, rehabilitation, restoration or reuse, can result in preservation of the structure in order to comply with the requirements of the Uniform Construction Code.

[4] Whether redesign of the development proposal to avoid impact can result in preservation.

[5] Whether the steps necessary to preserve the historic landmark are feasible and practical.

[6] Whether the protective measures will result in long-term preservation of the historic landmark.

[7] The extent to which the historic landmark is an attraction for tourists and students.

[8] The historic, architectural, aesthetic and social significance of the structure and/or importance and uniqueness to the Township and extant archaeological resources.

(b) In determining whether preservation of the historic landmark at another location is feasible, the following shall be considered:

[1] Whether the historic landmark can be removed and still retain its historic significance.

[2] Whether the historic landmark is sufficiently well preserved to permit relocation.

[3] Whether alternative locations that are compatible with the historic landmark are available.

[4] Whether it is feasible and practical to relocate the historic landmark.

[5] Whether the relocation will result in long-term preservation of the historic landmark.

(c) Nothing in this section shall preempt the administrative authority of the municipal Construction Code Official.

(9) With respect to applications for relocation within and/or out of the district or municipality, the Commission shall first consider whether preservation of the historic landmark in place is possible. In making this determination, the following shall be considered:

(a) Whether the historic landmark represents that last or best remaining example of its kind in the Township that possesses research potential or public education values.

(b) Whether the historic landmark can be preserved by protecting its location from disturbance.

(c) Whether affirmative measures, such as stabilization, rehabilitation, restoration or reuse, can result in preservation of the structure in order to comply with the requirements of the Uniform Construction Code, or other applicable construction codes as may be adopted by the State of New Jersey and the Township of Evesham.

(d) Whether redesign of the development proposal to avoid impact can result in preservation.

(e) The probability of significant damages to the historic landmark and whether protective measures will result in long-term preservation of the historic landmark.

(f) The extent to which relocation would affect the value of surrounding buildings and/or structures and the ambience of the historic district (if the landmark should be located within such a district).

(g) The historic loss to the site of the original and extent to which it is an attraction for tourists and students.

(h) The historic, architectural, aesthetic and social significance of the structure and/or importance and uniqueness to the Township and extant archaeological resources.

(i) The compelling reasons for not retaining the historic landmark at the present site.

(10) With respect to applications for certificates of appropriateness relating to changes in exterior appearance, new construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation, replacement(s), signage or exterior lighting, excavation, ground disturbance, or any other improvement within the historic district, the following should be considered:

(a) The use of any building and/or structure involved.

(b) The historical or architectural value and significance of the building and/or structure and its relationship to the historic value of the surrounding area.

(c) The effectiveness of the proposal in adhering to the building's and/or structure's original style or destroying or otherwise affecting the exterior texture, materials and architectural features.

(d) The overall effect that proposed work would have upon the protection, enhancement, perpetuation and the use of the property, adjoining properties and the historic district in which it is located.

(e) The general compatibility of exterior design, arrangement and materials proposed to be used and any other factor, including aesthetic, which is found to be pertinent.

(f) The practicality and feasibility of performing the work with materials or workmanship of a type equivalent or similar to the historical or architectural era during which the structure, building or place was constructed.

(g) The impact of the proposed change upon archaeological resources.

(h) The Commission may also consider the general purposes of the Municipal Land Use Law set forth in N.J.S.A. 40:55D-2, including but not limited to the following:

[1] The appropriate use or development of all lands in a manner which promotes the public health, safety, morals and general welfare;

[2] Promotion of a desirable visual environment through creative development, techniques and good civic design and arrangements;

[3] Conservation of historic sites and districts, open space, energy resources and valuable natural resources to prevent degradation of the environment through improper use of land;

[4] Encouraging coordination of the various public and private procedures and activities, shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

(11) In assessing visual compatibility, the following factors (commonly known as "visual compatibility factors") shall be considered in reviewing applications for new construction, alterations, additions, or replacements affecting an historic landmark or an improvement within an historic district:

(a) Height. The height of the proposed building and/or structure should be visually compatible with adjacent buildings and/or structures.

(b) Proportion of the building's front facade. The relationship of the width of the building and/or structure to the height of the front elevation should be visually compatible with buildings and/or structures and places to which it is visually related.

(c) Proportion of window and door openings. The relation of the width of windows to the height of the doors in a building and/or structure should be visually compatible with the buildings and/or structures and places which it is visually related.

(d) Rhythm of filled spaces between buildings and/or structures. The relationship of filled spaces to open space between it and adjoining buildings and/or structures and places to which it is visually related.

(e) Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building and/or structure should be visually compatible with the buildings and/or structures and places to which it is visually related.

(f) Rhythm of entrance and porch projections. The relationship of entrance and porch projections to the street to which it is visually related.

(g) Roof shape. The roof shape of a building and/or structure should be visually compatible with buildings and/or structure to which it is visually related.

(h) Relationship of materials, texture and color. The relationship of materials, textures and color of the facade and roof of a building and/or structure should be visually compatible with the predominant materials used in the buildings and/or structures to which it is visually related.

(i) Scale of building and/or structure. The size and mass of a building and/or structure in relationship to open spaces, the windows, door openings, porches and balconies should be visually compatible with the buildings and/or structures and places to which it is visually related.

(j) Wall of continuity. Appurtenances of a building and/or structure, such as walls, open-type fencing, evergreen-landscape masses, should form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building and/or structure and places to which it is visually related.

(k) Directional expression of front elevation. A building and/or structure should be visually compatible with the buildings and/or structures to which it is visually related in its dimensional character, whether this is vertical character, horizontal character, or nondirectional character.

(l) Exterior features. A building and/or structure's related exterior features such as lighting, fences, signs, sidewalks, driveways and parking areas should be compatible with the features of those buildings and/or structures which it is visually related to and should be appropriate for the historic period for which the building and/or structure is significant.

(12) In addition to the visual compatibility factors listed in Subsection I(11), the following standards for rehabilitation, as promulgated by the U.S. Secretary of the Interior, should be considered with respect to work proposals dealing with historic landmarks:

(a) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building, structure and its site and environment.

(b) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(d) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(e) Distinctive stylistic features, finishes, and construction techniques or examples of craftsmanship which characterize a building, structure or site shall be preserved.

(f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(g) Chemical or physical treatments, such as sand-blasting, that cause damage to historic materials shall not be used. The surface cleaning of buildings and/or structures, if appropriate, shall be undertaken using the gentlest means possible.

(h) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property, neighborhood and its environment.

(j) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

J. Procedures for review of site plan or subdivision applications.

(1) In conjunction with all applications presented to the Planning Board or Zoning Board of Adjustment for site plan or subdivision approval(s) (which applications relate to land, buildings or structures within the zone district including the historic district or for any buildings and/or structures designated as an historic landmark pursuant to § 160-28), an applicant shall also submit a copy of such application to the Historic Preservation Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application shall solely pertain to the proposed development review.

(2) The application shall be scheduled for review by the Historic Preservation Commission at its next regular scheduled meeting. Upon completion of its review, the Commission shall forward a report of its findings to either the Planning Board or Zoning Board of Adjustment, as the case may be, recommending an approval (with or without conditions) or recommending denial. The recommendation shall be in the form of a written report conveyed to the appropriate board. The Historic Preservation Commission shall provide its advice through the Commission's delegation of one of its members or staff to testify orally at the hearing on the application and to explain any technical comments or recommendations as outlined in the written report.

(3) The Commission's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance guided by the documents, standards and design criteria for review of applications established in Subsection H. Neither the Planning Board or Zoning Board of Adjustment shall take action on any development application request affecting an historic landmark or an improvement within the historic district without first reviewing and considering the Commission's recommendations. In considering the Commission's recommendations, the Planning Board or Zoning Board of Adjustment shall also be guided by the review criteria established in this § 160-28.

(4) In addition to the notification requirements set forth in Chapter 94, Land Use Regulations, of the Code of the Township of Evesham relative to applications for development, notification to the Pinelands Commission shall be required for any certificate of appropriateness involving a Pinelands designated site. When notification to and review by the Pinelands Commission is required, the development review procedures set forth in Chapter 94, Land Use Regulations, of the Code of the Township of Evesham shall apply.

K. Effect of a certificate of appropriateness; approval, denial, appeal.

(1) Within 45 days of a submission of an application for a certificate of appropriateness as described in Subsections F and G, the Historic Preservation Commission shall report to the administrative officer; its report may recommend issuance of the certificate of appropriateness (with or without conditions) or may recommend denial of the certificate of appropriateness. A timely report shall be binding on the administrative officer. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the certificate of appropriateness and without the recommendation of conditions to the certificate of appropriateness.

(2) A certificate of appropriateness which permits new construction, demolition, relocation, alteration, additions, nonordinary repairs or replacements affecting an historic landmark shall be conditioned upon the appropriate treatment of the resources according to the provisions of N.J.A.C. 7:50-6.156(c)3.

(3) The work authorized by the certificate of appropriateness must be initiated within one year from the date that the certificate has been granted. If a construction permit is required for such work, the certificate of appropriateness shall be valid for the life of the permit and any extensions thereof; otherwise, the certificate of appropriateness shall be valid for a period of two years from the date of issuance. For the purpose of this section, a certificate of appropriateness shall be deemed invalid if the work ceases for a period of six months after commencement of the work. Reasonable extensions may be granted based upon appropriate persuasive evidence.

(4) An applicant for a certificate of appropriateness who is dissatisfied with the actions of the administrative officer in denying the certificate of appropriateness or in issuing the certificate of appropriateness with the objectionable conditions may appeal that action to the Zoning Board of Adjustment within 30 days from the date of the administrative officer's written decision. The hearing on such an appeal shall be conducted in the same fashion as any appeal from the administrative officer's determinations. This right of appeal is limited to the applicant.

L. Violations and penalties.

(1) In the event that any person shall undertake or cause to be undertaken any exterior work on an historic landmark or improvement or an historic landmark or improvement within the historic district or any exterior work on an historic site or property for which a certificate of appropriateness is required without first having obtained such a certificate of appropriateness, such person(s) shall be deemed to be in violation of this section and shall be subject to the fines and penalties as provided by law in the Code of the Township of Evesham for violation of local ordinances and subject to the following:

(a) Upon learning of the violation, the administrative officer shall promptly serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner a specific time frame to abate the violation by restoring an historic landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy shall be mailed to the owner by certified mail, return receipt requested, at the owner's last known address as it appears on the municipal tax rolls.

(b) In the event that the violation is not abated within the specified time from receipt of the notice or posting on site, whichever is earlier, the administrative officer shall cause to issue a summons and complaint, returnable in the Municipal Court, charging violation of this section. Each day the violation continues to persist shall constitute a separate and new offense.

(c) In the event that any action which would permanently adversely change the historic landmark or historic district as demolition or removal without a certificate of appropriateness and construction permit having been issued, the administrative officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.

M. Interpretative statements.

(1) Nothing contained within this section shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.

(2) In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.

(3) These ordinance requirements should not be viewed as requiring or prohibiting the use of any particular architectural style; rather the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near an historic building and/or structure should not necessarily duplicate the style; rather it should be compatible with and not detract from the building, structure, neighborhood and its environment.

(4) In no case shall this section be interpreted to review or regulate activities for repair or installation of public utility lines, including water, sewer, telephone, gas, electric; or any underground improvement; any other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure; or improvements within the public right-of-way.

§ 160-29 Multiple uses and buildings.

[Amended 8-10-2010 by Ord. No. 18-8-2010]

A. Except as hereinafter provided, no lot shall have thereon more than one freestanding residential building or more than one permitted principal or conditional residential use.

B. Buildings containing more than one principal permitted or conditional use must be approved as such by the Zoning Officer as consistent with the Subdivision and Site Plan Code and the Zoning Code, and must be approved by the appropriate board (Planning Board or Zoning Board of Adjustment) if required. Except for existing shopping centers or multi-tenant office buildings, where interior space may be reconfigured to accommodate spaces of different sizes, any proposal to add an additional nonresidential use to an existing nonresidential building must have a separate access to the building, and must submit a minor site plan application to be reviewed by the appropriate board to ensure compliance with zoning requirements.

C. Commercial or office properties, shopping centers, industrial parks, and office parks may have more than one freestanding principal building on one lot, more than one principal permitted conditional use on one lot, and more than one principal permitted conditional use in a building, provided that:

(1) The property and buildings are under common ownership, or alternatively have a common maintenance agreement and blanket cross-access agreements; and

(2) The buildings are planned and designed in a coordinated manner with shared access drives, shared or coordinated signage, shared parking, and complementary architecture.

D. Townhouse developments, apartment complexes may have more than one freestanding principal building on one lot, more than one principal permitted conditional use on one lot, and more than one principal permitted conditional use in a building provided that:

(1) The development is designed as part of a unified and comprehensive plan; and

(2) The development parcel is a minimum of five acres.

E. Shopping centers shall have no more than three freestanding buildings on one lot.

F. No building shall hereafter be used, erected, altered, moved, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter.

§ 160-30 Nonconforming uses, structures or lots.

The lawful use of land, buildings or structures existing on the effective date of this chapter may be continued although they may not conform to the provisions of this chapter, provided that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already a nonconforming use be made more nonconforming in any manner.

A. Abandonment. A nonconforming use shall be considered abandoned if:

(1) A nonconforming use involving a structure is discontinued for 12 consecutive months and the requisite legal intent is demonstrated to confirm the termination of the use.

(2) A nonconforming use of land should cease for a period of 12 months and the requisite legal intent is demonstrated to confirm the termination of the use.

(3) The subsequent use of the abandoned building, structure or land shall be in conformity with the provisions of this chapter.

B. Conversion to permitted use. Any nonconforming building, structure or use changed to conform to the provisions of this chapter shall not be changed back to a nonconforming status.

C. Restoration. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be evaluated. If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by N.J.S.A. 40:55D-70. Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current total replacement costs of the entire structure, neither to include the cost of the foundation.

D. Repairs and maintenance. Repairs and maintenance required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use, provided that the repair and maintenance work do not change, enlarge or extend the use, expand, enlarge or extend the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or otherwise increase the nonconformity in any manner whatsoever.

E. Sale. Any nonconforming use, structure or lot may be sold and may continue to function in the same nonconforming manner.

F. Nonconforming lots and structures. Any structure on a nonconforming lot, or a structure on a conforming lot which violates any yard requirements, may have additions added to the principal building or an accessory building added without an appeal to the Zoning Board of Adjustment, provided that the permitted building coverage is not exceeded and the accessory building or the addition to the principal building does not violate any other requirements of this chapter.

G. Notwithstanding the use restrictions contained in this Chapter 160, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in N.J.A.C. 7:50-6, may be expanded or altered, provided that:

(1) The use was not abandoned or terminated subsequent to January 14, 1981;

(2) The expansion or alteration of the use is in accordance with all of the minimum standards of this chapter; and

(3) The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

§ 160-31 Open space.

A. Public open space. Any land offered for dedication to the municipality shall meet the following requirements:

(1) The minimum size of any parcel shall be one acre.

(2) It shall be an integral part of the development and shall be located to best suit the purpose for which it is intended.

(3) Any lands offered shall be subject to review by the Board which shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the lands. The Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

B. Private open space. All land not dedicated to and accepted by the Township shall be an integral part of the development and shall be located to best suit the purpose for which it is intended and shall meet the following requirements:

(1) A homeowners' association shall be established to maintain private open space and improvements.

(2) Membership in the homeowners' association shall be mandatory for all residents of the development.

(3) The homeowners' association shall be empowered to ensure the payment of dues through deed restrictions on the property of its members.

(4) All homeowners' documents shall be reviewed and approved by the Board Solicitor and the Board prior to final approval.

§ 160-32 Parking and loading requirements.

A. Parking.

(1) The required number of parking spaces shall be as prescribed by the Schedule of Minimum Parking Requirements.[1] Unless otherwise specified, all parking requirements are based on gross floor area.

[1] Editor's Note: The Schedule of Minimum Parking Requirements is located in Subsection A(3) of this section.

(2) Where an applicant can demonstrate that fewer parking spaces would be required, the approving authority may allow a lesser number, provided that the applicant can show on the approved site plan how the required additional spaces could be added, if necessary, without deviating from any zoning requirements or performance criteria of this chapter or of Chapter 62, Subdivision and Site Plan Design Standards.

(3) Schedule of Minimum Parking Requirements.

[Amended 7-13-2010 by Ord. No. 16-7-2010; 10-18-2011 by Ord. No. 28-10-2011; 6-25-2013 by Ord. No. 15-6-2013]

Schedule of Minimum Parking Requirements
Use		Number of Parking Spaces
Assembly operations		1 per 800 square feet of gross floor area
Auto sales		1 per 300 square feet of showroom area and sales office, but not less than 10
Bowling alley		4.5 per alley/lane
Car wash (automatic)		26 per washing lane for stacking and at least 3 plus 1 per employee for parking
Car wash (self-service)		3 per washing lane for stacking and at least 3 plus 1 per employee for parking
Cemetery		1 per 400 square feet of gross floor area for office
Church/synagogue		1 per 3 seats
Community center		1 per 100 square feet plus 1 per employee
Conference center		1 per 3 seats
Convenience store		6 per 1,000 square feet
Doctor's/dentist's office		4 per 1,000 square feet of gross floor area
Emergency services (fire, ambulance)		1 per 100 square feet
Financial institutions		7 per drive-through lane for stacking (banks) and 5.0 per 1,000 square feet with a minimum of 4.5 per 1,000 square feet to be built initially
Fraternal/social organizations		1 per 3 seats or 1 per 100 square feet (whichever is greater)
Funeral home		1 per 100 square feet plus 1 per employee
Golf course (regulation)		4 per tee plus 1 per employee
Golf course (miniature)		2.5 per hole plus 1 per employee
Golf driving range		1.5 per tee plus 1 per employee
Health club		1 per 100 square feet plus 1 per employee
Home occupation		1 per 250 square feet devoted to business; minimum of 6
Hospital		1.5 per bed plus 1 per employee for largest shift
Hotel/motel		1 per room plus 1 per employee plus parking for any ancillary use based on the standards of this section
Industrial		1 per 800 square feet
Library		1 per 300 square feet
Life care facilities
	a. Nursing home	1 per 4 beds plus 1 per employee for largest shift
	b. Congregate care/assisted life	1 per 3 beds plus 1 per employee for largest shift
	c. Individual living/personal care	1 per 2 beds plus 1 per employee
Lumberyard		1 per 5,000 square feet of gross yard area
Manufacturing		1 per 300 square feet
Medical center and medical professional office		4.0 per 1,000 square feet GFA
Mini-warehouse/self storage		1 per 100 storage units plus 1 per employee, but not less than 3
Museum		1 per each 600 square feet
Nightclub/tavern		1 space for every 2 persons allowed within the maximum occupancy load established by fire, building or health codes
Nursery/garden center		5.0 per 1,000 square feet with a minimum of 4.5 per 1,000 square feet to be built initially
Office
	With more than 100,000 square feet GFA	3.5 per 1,000 square feet GFA
	With 50,000 to 100,000 square feet GFA	3.75 per 1,000 square feet GFA
	With less than 50,000 square feet GFA	4.0 per 1,000 square feet GFA
Park/conservation area		5 spaces per acre for each of the first 2 acres with 2 additional spaces per acre between 2 and 10 acres and 1 additional space per acre for each acre in excess of 10 acres
Pool (community)		2 per 3 family memberships plus 1 per employee or, if no memberships, 1 per 100 square feet of developed recreation area plus 1 per employee
Post office		1 per 150 square feet
Recreational facilities
	a. Soccer field/football field	50 per field; if more than 4 fields are provided, the total parking requirement can be reduced by 20%
	b. Baseball field/softball field	50 per field; if more than 4 fields are provided, the total parking requirement can be reduced by 20%
Research and development		3.5 per 1,000 square feet
Restaurant
	Without bar or lounge	15 spaces per 1,000 square feet GFA
	With bar or lounge	20 spaces per 1,000 square feet GFA
Retail shopping center		4.5 per 1,000 square feet GFA
Residential uses		As Per New Jersey Residential Site Improvement Standards
School:
	Elementary	2 per classroom, plus 1 per teacher and staff plus 10%
	Intermediate	1.5 per classroom, plus 1 per teacher and staff
	Secondary	4 per classroom, plus 2 per teacher and staff
Skating rink		8 per 1,000 square feet
Service station		4 per bay and work area plus 1 per employer
Service station or public garage (with convenience store)		4 per bay and work area plus 1 per 125 square feet of convenience store plus 1 per employee
Tennis court		2 per single court or 1.5 per court where 2 or more courts exist
Theater		1 per 3 seats
Truck sales		1 per 300 square feet of showroom area and sales office, but not less than 10
Utilities		1 per 1.25 employees
Veterinarian/veterinarian hospital		6 per doctor or examination room, whichever is greater
Warehouse		1 per 5,000 square feet
YMCA or YWCA		2 per 1,000 square feet

(4) Where more than one of the uses designated above is proposed in a development, the minimum parking requirements shall be the sum of the proposed uses based upon the minimum parking requirements. Except that restaurants may occupy up to 25% of the gross floor area of a retail shopping center without increasing the retail parking requirements.

[Amended 7-13-2010 by Ord. No. 16-7-2010]

B. Location of parking areas shall meet the following requirements:

(1) No parking shall be permitted in designated fire lanes, streets, driveways, aisles, sidewalks, turning areas or where otherwise prohibited by Title 39 of the New Jersey Statutes.

(2) No parking spaces shall be located in any required buffer or screen areas.

(3) Parking spaces for apartments/townhouses shall be within 200 feet of the building being served. Commercial and industrial parking shall be located on the lot, unless a cooperative arrangement has been approved by the Board.

(4) No parking shall be permitted within the minimum front yard setback of the Commercial-1, 2 and 3 and the Office Professional (OP) Districts.

(5) The setback for front yard parking shall be as follows, unless superseded by required buffer distances:

	Use	Setback (feet)
	Multifamily	25
	Affordable housing	25
	Senior housing	20
	Institutional	25
	Commercial-1	100
	Commercial-2	25 for residential; 50 feet for nonresidential
	Commercial-3	25
	Office professional	50
	Industrial park	25
	All other nonresidential uses in any district	25

(6) The setback for side and rear yard parking shall be as follows, unless superseded by required buffer distances:

	Use	Setback (feet)
	Multifamily	25 for multifamily uses; 5 for other uses
	Affordable housing	25 for multifamily uses; 5 for other uses
	Senior housing	20
	Institutional	25
	Commercial-1	15
	Commercial-2	15
	Commercial-3	15
	Office professional	15
	Industrial park	15
	All other nonresidential uses in any district	25

C. Parking stalls; aisle widths.

(1) Parking stalls shall be a minimum size of nine feet by 18 feet.

(2) Ten-foot-by-eighteen-foot parking stalls shall be required wherever shopping carts or other wheeled conveyances are proposed for use and in all parking areas where individual parking stalls are not delineated.

(3) Parking for handicapped.

(a) Parking spaces for handicapped persons shall be 12 feet by 18 feet or eight feet by 18 feet with an adjacent aisle at least five feet wide and shall be provided at the following rate:

	Total Number of Spaces	Number of Spaces Required
	1 to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of the total number of spaces
	1,001 and over	20 + 1% of each 100 spaces exceeding 1,000 spaces

(b) One van-accessible space must be provided for every eight parking spaces with a minimum of one space.

(c) The location of handicapped stalls shall be as close as possible to the accessible location to a building or buildings served by the facility, but in no instance more than 200 feet. They shall be as level as possible with surface slope not exceeding 1/4 inch per foot in any direction.

(d) Each handicapped space or group of spaces shall be identified with the appropriate signage as required by N.J.S.A. 39:4-197, Subdivision 3(c).

(4) Aisle widths shall be as shown below:

	Angle of Parking (degrees)	Aisle Width (feet)
	90	25
	60	18
	45	18
	Parallel	18

D. Loading and service areas.

(1) Adequate areas shall be provided in all nonresidential districts for the loading and unloading of delivery trucks and other vehicles, refuse collection, fuel, fire and other service vehicles. Such areas shall be paved in accordance with the requirements of Chapter 62, Subdivision and Site Plan Design Standards, of this Code.

(2) The required number of loading areas shall be as prescribed by the following Schedule of Minimum Loading Requirements:

Schedule of Minimum Loading Requirements
Use	Minimum Number of Loading Areas	Requirements based upon gross floor area or use
Assembly operations	1	Every 50,000 square feet
Automobile (including sales, service and display areas)	1	Every 50,000 square feet
Bowling alley	1	Every 40 lanes/alleys
Car wash (automatic)	1
Car wash (self service)	1
Cemetery	0
Church/synagogue	0
Community center	1	Every 50,000 square feet
Conference center	1	Every 50,000 square feet
Convenience store	1	Every 10,000 square feet
Doctor's/dentist's home office	0
Emergency services	0
Fiduciary institutions	1
Fraternal/social organizations	0
Golf course (miniature)	1
Golf course (regulation)	1
Golf driving range	1
Health club	1	Every 50,000 square feet
Home occupation	0
Hospital	1	Every 50 beds
Hotel/motel	1	Every 100 rooms
Industrial	1	Every 50,000 square feet
Library	1
Life care facilities:
a. Nursing home	1	Every 50 beds
b. Congregate care/assisted living	1	Every 50 beds
c. Individual living/personal care	1
Lumberyard	1	50,000 square feet (including sales, display and storage areas)
Manufacturing	1	50,000 square feet
Medical center and medical professional office	1	20,000 square feet
Mini-warehouse/self storage	1
Mortuary	1
Museum	1	Every 50,000 square feet
Nightclub/tavern	1
Nursery/garden center	1	Every 50,000 square feet (including sales, display and storage areas)
Office:
Under 10,000 square feet of gross floor area	1
10,000 to 49,999 square feet of gross floor area	1
50,000 to 99,999 square feet of gross floor area	2
100,000+ square feet	3	Every 50,000 square feet
Park/conservation area	0
Pool (community)	1
Post office	1	Every 50,000 square feet
Recreational facilities:
a. Baseball field/softball field	0
b. Soccer field/football field	0
Research and development	1	Every 50,000 square feet
Residential	0
Restaurant	1	Every 100 seats
Retail/shopping center	1	Every 20,000 square feet
School:
a. Elementary	1	Every 12 classrooms
b. Intermediate	1	Every 12 classrooms
c. Secondary	1	Every 12 classrooms
Service station or public garage	1
Service station or public garage with convenience store	1
Skating rink	1
Tennis court	1
Theater	1	Every 12 screens
Truck sales	1	Every 50,000 square feet (including sales and service areas)
Utilities	1
Veterinarian/veterinarian hospital	1
Warehouse	1	Every 50,000 square feet
YMCA or YWCA	1
*NOTE: The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required. Uses not listed shall provide sufficient spaces as determined by the approving authority using the Schedule as a guide.

(3) Location of loading areas shall meet the following requirements:

(a) No loading area shall be located in any required buffer or screen.

(b) No off-street loading and maneuvering areas will be located in any front yard or require any part of a street.

(c) Loading spaces shall be located to directly serve the building for which the space is being provided.

(4) Loading spaces shall be no smaller than 10 feet by 35 feet and shall have a minimum clearance of 14 feet.

E. Driveways.

(1) Driveway widths shall be at least 24 feet (12 feet one way) but no more than 50 feet in width.

(2) All driveways shall be surfaced and paved in accordance with the specifications contained in Chapter 62, Subdivision and Site Plan Design Standards, of this Code.

(3) For nonresidential uses, no driveway edge of paving shall be located within 25 feet of a property line.

(4) For nonresidential uses, no driveway edge of paving shall be located within 100 feet of an intersection.

F. Sidewalks and bikeways.

(1) Sidewalks and pedestrian access shall be provided for all development in the Township.

(2) Bikeways shall be provided for all development in the Township as recommended in the Circulation Plan Element of the Township Master Plan.

§ 160-33 Recreation facilities and open space.

A. All recreation areas and facilities shall be designed in accordance with the Americans with Disabilities Act and the Township construction standards set forth in this Code.

B. For all residential development, the applicant shall propose adequate recreational facilities to serve the population of the development. The developer's recreation plans shall be submitted to the Board for its review and approval. For the purposes of this section, a single-family detached house shall be deemed to contain three persons; a townhouse shall be deemed to contain 2.5 persons; and a garden apartment shall be deemed to contain two persons. The applicant shall propose recreational facilities and the Board shall evaluate plans in terms of the following considerations:

(1) Passive recreation. A minimum standard of 10 acres per 1,000 people is recommended. This may be part of the open space required on a given parcel. Large tracts of 50 acres or more are preferable to scattered sites. Lands with mature vegetation, high scenic qualities, historical significance or other unique characteristics are especially recommended.

(2) Active recreation. Separate play areas for the age groups one through five, six through 10 and 11 through 15 should be included. Equipment for these areas should be based on the recreation needs of each age group. Infants through five-year olds should have a sand area, small swings, static play animals, a small sliding board, etc. A sitting area for the parents should be provided in close proximity to the play areas. Tricycle space and pavement should be a part of this area. Children six through 10 are interested in movement, slides, seesaws, balance beams, rope climbing areas, chin-up bars, etc. Children 11 through 15 are interested in two kinds of spaces: a general use field where a frisbee or football can be thrown and a space of identity for the age group. Bicycle paths and hills, jumps, etc., are recommended in this area. Landscaping should provide shade and separation for each area. The following standards shall be observed for recreation:

(a) Tot-lots. A minimum standard of one acre per 1,000 people is recommended. Individual sites should be within walking distance of the people served.

(b) Tennis courts. One court per 1,000 persons.

(c) Baseball diamonds. One diamond for every 3,000 persons.

(d) Softball diamonds. One softball diamond for every 1,500 people.

(e) Basketball courts and court games. One hard-surface play area with basketball nets for every 2,000 persons.

(f) Community pool. One olympic pool for each 25,000 people. A pool with 4,500 square feet of water surface serves 150 persons at one time. A private pool usually serves 300 families.

(g) Bikeways. One mile of eight-foot-wide bituminous trail for each 300 persons. These should link homes with local recreation and service opportunities.

(h) Jogging and vita trails. One mile per 1,000 persons. These should be integrated into district parks.

(i) Open space trails. One mile per 3,000 persons.

(j) Optional facilities.

[1] One ice-skating rink 85 feet by 150 feet for each 10,000 residents. Tennis courts may be flooded to provide this facility.

[2] Canoeing. One person per 1/4 mile of stream; 1/2 mile of stream per canoe.

[3] Fishing. One acre of public access to a lake; one boat per dock per lake; one parking place per two fishermen.

(3) School playfield areas.

(a) Soccer fields: one field per 3,000 persons.

(b) Football fields: one field per 3,000 persons.

(c) General use field: one field per 6,000 persons.

C. In order to provide for the safety and general welfare of the public, all subdivisions which will result in five or more dwelling units shall set aside areas for off-street recreation and/or play areas. The areas required for open space in this chapter shall not include easements, stormwater controls, detention facilities or right-of-way areas. The location, form and design of such areas shall be approved by the Board. If that area of land to be set aside constitutes an area of less than one acre, in lieu thereof and prior to preliminary approval, the Board may require the developer to contribute to the municipality, for the purpose of recreation, a cash sum in an amount equal to the assessed value of the area of land that would otherwise have been required to have been set aside for an off-street recreation and/or play area based upon the Township Tax Assessor's valuation at the time of preliminary plan approval.

D. Any area which is specifically required and designated for recreational purposes shall be fully usable for that purpose and shall have all improvements required by this chapter.

E. Wherever possible, recreation sites should be located adjacent to school sites. In the case of large subdivisions, consideration should be given to decentralizing several smaller recreational areas throughout the development. The method of preserving such areas for recreation open space, whether by easement, deed restriction, dedication, homeowners' association type or other means, shall be approved by the Board.

F. In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.

§ 160-33.1 Right to farm; permitted use in designated zones.

[Added 9-5-2000 by Ord. No. 30-8-2000]

A. The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Evesham, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township, where an agricultural use is preexisting and current, and a permitted use in the following zones under any circumstances: Forest Agriculture (FA), Forest Woodland (FW), Rural Development-1 (RD-1), Rural Development-2 (RD-2), Rural Development-3 (RD-3), Regional Growth-1 (RG-1), Regional Growth-2 (RG-2), Environmental Protection (EP), Low Density (LD), Medium Density (MD), and Affordable Housing (AH-1, AH-1A, AH-2). This right to farm includes, but not by way of limitation:

(1) Production of agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and lawful, humane trapping.

(2) Housing and employment of necessary farm laborers.

(3) Erection of necessary agricultural buildings ancillary to agricultural and horticultural production.

(4) The grazing of animals and use of range for fowl.

(5) Construction of fences for livestock and fowl, as well as to control depredation by wildlife.

(6) The operation and transportation of large, slow-moving equipment over roads within the Township of Evesham.

(7) Control of pests, predators and diseases of plants and animals.

(8) Conduction of agriculture-related education and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.

(9) Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and other equipment.

(10) Processing and packaging of the agricultural output of the commercial farm.

(11) The operation of a farm market, including the construction of business and parking areas.

(12) The operation of a pick-your-own operation, meaning a direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.

(13) Replenishment of soil nutrients and improvement of soil tilth.

(14) Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.

(15) On-site disposal of organic agricultural wastes.

(16) The application of manure and chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions.

(17) Agricultural-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the farm, including but not limited to equestrian activities, including the boarding of horses and riding instructions.

B. The foregoing activities must be in conformance with applicable federal and state law.

C. The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.

D. It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.

E. Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.

F. An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property within 500 feet from the lot line of any agricultural operation of the potential discomforts associated with such purchase or residence. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture (or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18, and certified by the State Agriculture Development Committee). The disclosure required by this subsection is set forth in the disclosure form attached hereto and made a part hereof.[1]

[1] Editor's Note: Said disclosure form is available from the office of the Township Clerk.

§ 160-34 Increase of residential density with Pinelands development credits.

A. Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

B. Pinelands development credits shall be used in the following manner:

(1) To permit development of parcels of land in the RG-1, RG-2, RG-1BR, and RG-2KG Zones according to the density and lot area requirements set forth in this chapter;

[Amended 5-4-2022 by Ord. No. 5-3-2022]

(2) When a variance of density or lot area requirements for the RG-1, RG-2, RG-1BR, or RG-2KG Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;

[Amended 5-4-2022 by Ord. No. 5-3-2022]

(3) When a variance or other approval for a nonresidential use not otherwise permitted in the RG-1, RG-2, RG-1BR, or RG-2KG Zones located in the Pinelands Area is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2;

[Amended 8-7-2001 by Ord. No. 16-5-2001; 5-4-2022 by Ord. No. 5-3-2022]

(4) When a variance for cultural housing is granted by the Township in accordance with § 160-45; and

(5) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

(6) When a variance or other approval for a residential use in that portion of the OP Zone located in the Pinelands Area is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

[Added 8-7-2001 by Ord. No. 16-5-2001]

C. Pinelands development credits which are used pursuant to Subsection B above shall yield a bonus of four dwelling units per credit.

D. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 15-37 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 8-7-2001 by Ord. No. 16-5-2001]

E. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.

F. The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands development credits are either allocated to or used in the Township.

§ 160-35 Setbacks from arterial roads.

A. In addition to any other requirements set forth in this Code, there shall be a minimum setback of 75 feet along all Township arterial roads abutting residential developments. Appropriate buffering shall be provided within the area located 50 feet from the right-of-way in accordance with § 160-17.

B. Arterial roads are all roads with a proposed right-of-way of 66 feet or greater, including, but not limited to, Tuckerton Road east of Willow Bend, Evans Road east of Route 73, Brick Road east of Route 73, Braddock's Mill Road, Kettle Run, Hopewell Road, Taunton Lakes Road — Marlton Parkway, Elmwood Road, Evesboro — Medford Road, North Maple Avenue north of Locust, Greentree Road — Hainesport — Mt. Laurel Road, Tomlinson Mill Road and Sycamore Road.

C. This section shall not apply to any streets or roads within existing planned unit developments.

D. In the Pinelands Area, the setback requirements of § 160-17B shall also apply.

§ 160-36 Substandard lots in Pinelands District.

A. Except as set forth herein, any existing lot or lots of an acre or more within the Regional Growth, Rural Development, Forest Agriculture and Forest Woodland Districts shall be exempt from the density and minimum lot size requirements of this chapter, provided that:

(1) One dwelling unit, which will be the principal residence of the property owner or a member of the immediate family of the property owner, is proposed to be developed;

(2) The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

(3) The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and

(4) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

B. All existing lots of 20,000 square feet or more within all of the Regional Growth, Forest Agriculture, Rural Development and Forest Woodland Districts shall be exempt from the minimum dimensional requirements of this chapter and shall be governed instead by the following minimum requirements:

(1) Lots 20,000 square feet to 43,559 feet:

(a) Front yard: 30 feet.

(b) Rear yard: 25 feet.

(c) Side yard: 10 feet each, 25 feet aggregate.

(d) Frontage: 100 feet.

(e) Impervious coverage limit: 25%.

(2) Lots one acre or larger:

(a) Front yard: 50 feet.

(b) Rear yard: 50 feet.

(c) Side yard: 15 feet, 35 feet aggregate.

(d) Frontage: 100 feet.

(e) Impervious coverage limit: 15% of the parcel.

C. All existing lots of 20,000 square feet or less within the Regional Growth-1 Barton Run and Regional Growth-2 Kings Grant Districts shall be exempt from the minimum dimensional requirements of § 160-36B; but shall be governed instead by the area and dimensional regulations as set forth in Table 7A, RG-1BR, and Table 8A, RG-2KG, Performance Regulations, located as attachments to this chapter.

[Added 5-4-2022 by Ord. No. 5-3-2022]

§ 160-37 Tanks and towers.

Tanks, towers or other structures to provide for water, electricity, radio, telephone, cellular service or similar provisions shall not be permitted in residential zones.

§ 160-37.1 Telecommunications towers and antennas.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PREEXISTING TOWERS AND ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

STRUCTURE

The term "structure" or "structures" as used in this section shall not have the meaning provided in § 160-5B. "Structure" or "structures," for the purposes of this section, are defined as "A preexisting tower, including water towers, and any other facility or building at least three stories in height that can be used for the collocation of towers and/or antenna(s) without significantly altering the visual appearance of the facility or building."

B. Purpose. The purpose of this section is to establish general guidelines for the placement of wireless communications towers and antennas to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. The goals of this section are to:

(1) Protect residential areas and land uses from potential adverse impacts of the siting of towers and antennas;

(2) Facilitate the provision of wireless telecommunications services to the residents and businesses of the Township;

(3) Require the location of towers in nonresidential areas;

(4) Minimize the total number of towers throughout the community;

(5) Minimize adverse visual effects of towers through careful design and siting standards;

(6) Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or predesignated existing buildings or structures as a primary option rather than construction of additional single-use towers;

(7) Require that such towers are properly constructed, maintained and dismantled and that appropriate security is posted to ensure same, and the safety of Township residents.

In furtherance of these goals, Evesham Township shall give due consideration to the Evesham Township Master Plan, Zoning Map, existing land uses, inventory map of existing towers and structures and environmentally sensitive areas in approving sites for the location of towers and antennas.

C. Applicability.

(1) Existing structures. When planning to serve an area or to expand services in an area, providers shall utilize existing towers and structures prior to considering new sites, unless the Board finds that it is infeasible to do so.

(2) Preexisting towers and antennas. Preexisting towers or antennas shall not be required to meet the requirements of this chapter, provided that requirements of Subsection C(2) and (3) are met, unless they are altered or additional equipment is added to same. When new masts, antennas, or other structures are added to a preexisting tower or antenna, the height of the addition shall not exceed the preexisting height by more than 20 feet and the location and setback requirements of this chapter shall not apply.

(3) New towers and antennas. New telecommunications tower or antenna sites shall be permitted by right in the Industrial Park (IP) Districts, and Block 48, Lots 19.01 and 33.02, and Block 50, Lots 18, 19, 20.01 and 21 of the Conservation Park (CP) Districts. New telecommunications antenna shall be permitted on structures three stories or more in height and located in nonresidential zones, provided that the antenna does not extend more than 10 feet above the roof.

(4) Pinelands sites. The development of towers in the Pinelands Protection Area must be designed in accordance with Pinelands Comprehensive Management Plan.

D. General requirements.

(1) Collocation; additional.

(a) Each applicant for a new telecommunications tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure (e.g., water towers) within a five-mile search radius of the proposed tower.

(b) Any proposed commercial wireless telecommunications service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(2) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless not mandated by the controlling state or federal agency, in which case failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(3) Safety standards/building codes. To ensure the structural integrity of towers the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and property maintenance codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended. If, upon inspection, Evesham Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(4) Tower setbacks. New towers shall conform to each of the following minimum setback requirements:

(a) Towers shall meet the setbacks of the underlying zoning district with the exception of the IP and CP Zoning Districts, where towers may encroach into the side and rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

(b) Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Circulation Plan of the Evesham Township Master Plan by a minimum distance equal to 2 1/2 times the height of the tower, including all antennas and attachments, or a two-hundred-foot minimum setback, whichever is more.

(c) Towers located in nonresidential districts adjacent to residential districts shall be set back from all residentially developed lots by a minimum distance equal to 1 1/2 times the height of the tower, including all antennas and attachments, with a two-hundred-foot minimum setback, whichever is more.

(d) Towers shall not be located between a principal structure and a public street. An improved driveway shall be provided for access to each tower site from the nearest open public street.

(e) A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

(f) Towers shall meet all buffer and landscaping requirements of the underlying zoning district.

(g) Telecommunications towers or antennas shall not be located on any dwelling.

(5) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(6) Landscaping. New towers and accessory buildings shall be landscaped at the base in conformance with Township standards.

(7) Abandoned towers. All abandoned or unused towers and associated facilities shall be removed by the applicant or its successors, and the tower and any impacted property returned to its original state, within six months of the cessation of operations at the site, unless a time extension is approved by the Board.

E. Additional submission requirements. Each submission and/or application for an antenna and/or tower shall include:

(1) Inventory of existing sites. For each application, for an antenna and/or tower, the applicant shall provide to the Board an inventory of all its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within Evesham Township and within five miles of the border thereof, including specific information about the location, height, and design of each tower.

(2) Report. A report from a qualified and licensed engineer which includes the following:

(a) Description of tower height and design including cross section and elevation;

(b) Description of the need for such a tower in the desired location; in the case of a new tower, or, if use of a preexisting tower is proposed, the need for such a additional antenna;

(c) Indication of the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

(d) Description of the tower's capacity, including the number and type of antennas that it can accommodate;

(e) Indication of what steps the applicant will take to avoid interference with established public safety telecommunications.

(3) Letter of intent. A letter of intent committing the tower owner or lessee and its successors to allow the shared use of the tower if an additional user(s) agrees in writing to meet reasonable terms and conditions for shared use, and that the tower owner or lessee acknowledges and agrees that its successors and/or additional users shall be bound and will conform to the requirements of this chapter as applicable.

(4) Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.

(5) Insurance. The tower owner and its successors shall provide a certificate of insurance, providing coverage of at least $1,000,000 per occurrence, including, but not limited to, premises and general liability, naming the Township of Evesham as an additional insured.

(6) Hold harmless. In the event a tower is sited on Township-owned property, the lease between the Township and the tower owner and its successors shall indemnify and hold harmless the Township of Evesham, its officers, employees, agents and servants from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses, including attorneys' fees, incurred or suffered on account of property damage or loss and/or personal injury, including loss of life, of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the Township of Evesham, its employees, agents or servants, in the performance of the work or the failure of the Township of Evesham, its employees, agents or servants. This obligation shall not apply in the case of gross negligence or willful malfeasance.

(7) Bond requirement. In the event a tower is sited on Township-owned property, the applicant shall be required to post a performance and maintenance bond in a sufficient amount to be determined by the Board Engineer to ensure the proper construction and maintenance of the tower.

(8) Site plan conformance. In addition to the foregoing, all applicants must satisfy the applicable requirements of the Evesham Township Land Use Ordinance, unless preempted by controlling state or federal law.

F. Design requirements. Telecommunications towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or, for Pinelands sites only, unless the applicant demonstrates that it is technically infeasible to provide a monopole and reach a height of 200 feet.

(1) Aesthetics. Applicants shall minimize the adverse visual impact and the number of such facilities through proper design, siting, screening, material, color and finish for towers, antennas, and accessory buildings. Whenever possible, competing providers shall collocate antennas and related facilities. At locations where collocation on an existing structure is impractical, the applicant shall use camouflage structures, such as artificial trees, subject to applicable FAA standards and design review by the Board. Where the required height of the tower makes an artificial tree impractical, other camouflage techniques shall be considered. Artificial trees shall be designed to resemble a woody tree with a single trunk and branches on its upper part. They shall be located near existing tree masses to the extent practical.

(2) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

(3) Security. All towers and accessory structures shall be required to provide fencing, landscaping and/or such other barriers as the Board may require, such that the tower and accessory structures are secured and inaccessible to private residents and children, For purposes of this chapter, any and all towers shall be deemed an attractive nuisance where adequate security is not provided as requested herein pursuant to N.J.S.A. 2C:33-12.

(4) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(5) Height. The antenna and any supporting structure shall not exceed 200 feet in height, and in areas controlled by the Pinelands Commission, if a lesser height is proposed, the tower shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.

(6) Lot coverage. Not more than 10% of a lot may be devoted to towers, antennas and accessory structures.

(7) Signs and advertising. The use of any portion of a tower for signs or any form of advertising other than warning or equipment information signs (only legible by persons maintaining the facility) is prohibited.

G. Variances. Any individual or entity proposing to construct a telecommunications tower in the Township may seek relief from the requirements of this section from the Evesham Township Zoning Board of Adjustment.

§ 160-38 Transfers of density.

A. Forest Area. Residential dwelling units on 1.0 acre lots existing as of January 14, 1981, shall be permitted in the FA and FW Zones, provided that:

(1) The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 20 acres if development is proposed in the FA Zone and at least 12 acres if development is proposed in the FW Zone;

(2) All lands acquired pursuant to Subsection A(1) above, which may or may not be developable, are located within the same zoning district where development is proposed;

(3) All noncontiguous lands acquired pursuant to Subsection A(1) and (2) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(a) The deed of restriction shall permit the parcel to be managed for:

[1] Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;

[2] Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

[c] For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(3)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(3)(a) above and shall not provide for continuation of any agricultural use on the parcel; and

[d] The deed of restriction to be recorded pursuant to Subsection A(3)(b)[1][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

(b) The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(4) The lot proposed for development otherwise meets the minimum standards of Article II of this chapter.

B. Rural development area.

(1) Residential dwelling units on 1.0 acre lots shall be permitted in the RD-3 Zone, provided that:

(a) The owner of the lot proposed for development acquires sufficient vacant noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 5.0 acres;

(b) All noncontiguous lands acquired pursuant to Subsection B(1)(a) above, which may or may not be developable, are situated in the RD-1 Zone;

(c) All noncontiguous lands acquired pursuant to Subsection B(1)(a) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(d) The lot proposed for development otherwise meets the minimum standards of Article II of this chapter.

(2) Residential dwelling units on lots of 1.0 acre existing as of January 14, 1981, for which preliminary or final subdivision approval has not been granted by the Board prior to the effective date of this chapter shall be permitted in the RD-2 Zone, provided that:

(a) The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least four acres;

(b) All noncontiguous lands acquired pursuant to Subsection B(2)(a) above, which may or may not be developable, are situated in the RD-2 Zone;

(c) All noncontiguous lands acquired pursuant to Subsection B(2)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(d) The lot proposed for development otherwise meets the minimum standards of Article II of this chapter.

(3) Residential dwelling units on 1.0 acre lots existing as of January 14, 1981, shall be permitted in the RD-1 Zone, provided that:

(a) The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least six acres;

(b) All noncontiguous lands acquired pursuant to Subsection B(3)(a) above, which may or may not be developable, are situated in the RD-1 Zone;

(c) All noncontiguous lands acquired pursuant to Subsection B(3)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

[Amended 7-25-2012 by Ord. No. 20-7-2012]

(d) The lot proposed for development otherwise meets the minimum standards of Article II of this chapter.

§ 160-39 Child-care centers and family day-care homes.

A. Purpose. To meet the needs of families and employment centers for high quality child-care facilities, special considerations have been provided for child-care centers. As stated below, child-care facilities in both residential and commercial districts are treated with special provisions in the Municipal Land Use Law.

B. Family day-care homes.

(1) Family day-care homes are defined in § 160-5 hereof, and are to be licensed or registered to the extent required by the laws and regulations of the State of New Jersey.

(2) Family day-care homes are permitted by right in all residential districts.

(3) The standards for said homes shall be the same as for single-family dwelling units located in the same district, in accordance with the New Jersey Municipal Land Use Law, 40:55D-66.5b., as amended.

(4) Family day-care homes are to be considered as home occupations and, as such, shall not be subject to more stringent restrictions than exist or apply to all other home occupations in the particular residential district in which the family day-care home is located.

C. Child-care centers.

(1) Licensed child-care centers shall be permitted by right in all nonresidential districts.

(2) The floor area in any building or structure used for child-care purposes shall be excluded in calculating any parking requirement.

(3) The floor area in any building or structure used for child-care purposes shall be excluded in calculating the permitted density allowable for that building.

(4) Notwithstanding the above statements, the development of a child-care facility in an existing structure or in a stand-alone facility shall require site plan review and will be subject to the standards of the district within which it is located. Parking requirements shall be based on evaluating the following factors:

(a) The maximum number of children for which the site is licensed;

(b) The number of employees present during the maximum shift and the operational plan for the dropoff and pickup of children during the school day.

(5) The following standards shall also apply:

(a) Day-care facilities shall be located on collector roads having good access, and they shall not be allowed to front upon any dead-end or cul-de-sac street.

(b) A minimum of 100 square feet of outdoor play area shall be provided per child, and this space must be contiguous and enclosed. At the direction of the Board, it may be a requirement that outdoor play space must be completely enclosed with a fence having a minimum height of six feet. The perimeter of such fencing shall be landscaped with evergreen plant materials in a manner which meets the requirements of the Board Planner. Outdoor play space shall not include driveways, parking areas or any other unsuited areas.

(c) The general site design must be compatible with surrounding residential development.

(d) All day-care facilities must be in compliance with state licensing requirements as promulgated by the Department of Institutions and Agencies.

§ 160-40 Group homes.

A. Community residences for the developmentally disabled, community shelters for the terminally ill, community shelters for victims of domestic violence and community residences for persons with head injuries, all of which are also known as "group homes," are permitted in all residential districts.

B. The definition for each of the listed uses shall be in accordance with this chapter and the Municipal Land Use Law.

C. The requirements for group homes shall be the same as for single-family dwelling units located within the particular district.

D. In requesting a zoning permit for a group home, the applicant must verify that all appropriate licenses for the facility have been obtained.

E. No group home shall house more than 15 persons requiring the services provided therein.

§ 160-41 Home occupations.

A. Purpose. The purpose of home occupations is to establish rights and requirements for those wishing to utilize their residences for an occupation, as an accessory use. Depending on the intensity of the use and activity involved with the occupation, the use may be permitted by right or as a conditional use. Conditional use standards for more intensive home occupations are included in Chapter 161, Zoning Modifications and Additional Requirements.

B. Home occupations permitted by right.

(1) Home occupations are permitted by right as accessory uses to all residential uses, without the requirement of obtaining a zoning permit, if the following standards can be met:

(a) The home occupation must meet the definition of home occupation in this chapter.

(b) No more than one person who is not a member of the immediate family may be employed in the home occupation.

(c) A home occupation permitted by right shall produce no external impacts beyond the exterior of the dwelling.

(d) The nature of the home occupation shall be such that customers, clients or patients do not normally visit the location.

(e) Deliveries to the home occupation shall be generally limited to letters and small packages.

(f) The exterior of the dwelling shall not be altered in any manner that would change the residential character of the building.

(g) Signs indicating the presence of a home occupation are prohibited.

(h) Family day-care homes are considered home occupations in accordance with the MLUL, N.J.S.A. 40:55D-66.4.[1]

[1] Editor's Note: Repealed by L. 1998, c. 139.

C. Home occupations as a permitted use. Home occupations which meet the definition of this chapter but which do not conform to all of the standards in this section shall be conditional uses, subject to § 161-1C(2).

§ 160-42 Municipal facilities and uses.

A. Municipal facilities and uses are to be considered permitted uses in all districts except the EP (Environmental Protection), FA (Forest Agriculture) and FW (Forest Wetlands) Districts, unless otherwise specifically authorized in §§ 160-55 and 160-56 (lists of permitted uses for the FA and FW Districts).

[Amended 11-21-2000 by Ord. No. 37-11-2000]

B. The bulk and design standards of the particular district within which the municipal facility or use is located shall be utilized to the greatest extent practicable in planning for the facility or use.

§ 160-43 Projections into required yards.

No part of a building shall be erected within or shall project into any required yard area except as follows:

A. Cornices, bay windows, projecting eaves, gutters or chimneys may project a distance of up to 30 inches into a required yard area.

B. Steps and awnings may project up to five feet into a required yard area.

C. Handicapped ramps may project 13 feet into a required yard; however, they may not be any closer than three feet to a property line.

§ 160-44 Public service infrastructure.

Public service infrastructure, also known as "public utilities," i.e., sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity are permitted in all districts, except as provided elsewhere in this chapter, e.g., telecommunications towers and antennas.

§ 160-45 Cultural housing provisions.

A. Residential dwelling units on lots of 3.2 acres may be permitted in any Pinelands management area, provided that:

(1) The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

(2) The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

(3) The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

(4) The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

B. Residential dwelling units on lots of 1.0 acre may be permitted in any Pinelands management area, provided that:

(1) The applicant satisfies all of the requirements set forth in § 160-45 of this chapter;

(2) The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

(3) The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in § 160-45 above; and

(4) The applicant purchases and redeems 0.25 Pinelands development credit.

§ 160-46 Utilities.

A. In Pinelands Areas, new utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

B. In Pinelands Areas, all electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical.

C. In the Pinelands Area, aboveground generating facilities, switching complexes, pumping stations and substations shall be buffered with vegetation from adjacent uses in accordance with § 160-47.

§ 160-47 Vegetation and landscaping in Pinelands Area.

A. All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

B. Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(1) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(2) Revegetate or landscape areas temporarily cleared or disturbed during development activities.

C. All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.

D. In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, herbicides, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 62-56B shall incorporate the following elements:

(1) The limits of clearing shall be identified;

(2) Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

(3) Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

(4) Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

(a) When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

(b) For limited ornamental purposes around buildings and other structures; or

(c) When limited use of other shrubs or tree species is required for proper screening or buffering.

E. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

§ 160-48 Waste management in Pinelands.

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities, including landfills, shall only be in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

§ 160-49 (Reserved) [1]

[1] Editor's Note: Former § 160-49, Water management, was repealed 4-1-2008 by Ord. No. 9-4-2008.

§ 160-50 Water quality in Pinelands.

[Amended 8-17-2004 by Ord. No. 21-8-2004; 3-19-2019 by Ord. No. 3-3-2019]

A. All development permitted under this chapter shall be designed and carried out in conformity with applicable federal, state and Pinelands Commission standards.

B. In the Pinelands Area of the Township, all development shall adhere to the provisions of N.J.A.C. 7:50-6.83, 7:50-6.84(a)1 through (a)3, 7:50-6.85 and 7:50-6.87, specifically:

(1) Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.

(2) Commercial, industrial and wastewater treatment facilities shall comply with N.J.A.C. 7:50-6.84(a)1 through (a)3.

(3) Individual on-site septic wastewater treatment systems shall comply with N.J.A.C. 7:50-6.84(a)4, 6.84(a)5, and 6.85(a).

(4) Alternate design pilot program treatment systems shall be permitted, provided that:

(a) The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;

(b) The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of way or any contiguous lands that have been deed restricted pursuant to § 160-38 or N.J.A.C. 7:50-5.47;

(c) Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

(d) The depth to seasonal high water table is at least five feet;

(e) Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

(f) No more that 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

(g) Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

(h) Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i) The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j) Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time;

(k) The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-1022(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(4)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and

(l) The permitted residential densities and minimum lot size requirements set forth in §§ 160-55 through 160-62 shall continue to apply. No increase in such densities or reduction in such minimum lot size requirements shall be permitted to occur as a result of the use of an alternate design pilot program treatment system.

(5) Commercial petroleum storage tanks shall be maintained in accordance with N.J.A.C. 7:50-6.85.

(6) The storage and use of chemicals and materials shall be in compliance with N.J.A.C. 7:50-6.87.

C. Water management.

(1) Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(2) A diversion within the Pinelands Area portion of Evesham Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection C(2)(a) and (b) below, or outside of either basin, shall be prohibited.

(a) The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

(b) The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(3) A diversion within the Pinelands Area portion of Evesham Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection C(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection C(4) below.

(4) Within the Pinelands Area portion of Evesham Township, a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood- Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection C(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

(a) When evaluating whether the proposed diversion meets the criteria set forth at Subsection C(4)(c) through (f) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

(b) The standards set forth at Subsection C(4)(c) through (f) below shall not apply to:

[1] A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[a] Be approximately the same depth as the existing well;

[b] Divert from the same aquifer as the existing well;

[c] Have the same or lesser pump capacity as the existing well; and

[d] Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well.

[2] Any proposed diversion that is exclusively for agricultural or horticultural use; or

[3] Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or water body or otherwise results in off-site flow, and the diversion and return are located on the same parcel.

(c) A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; and Rural Development Area.

(d) A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

(e) A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

(f) An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

§ 160-51 Wetlands control in the Pinelands.

A. Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized in this section.

B. Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of the agriculture regulations above.

C. Beekeeping shall be permitted in all wetlands.

D. Where forestry is permitted in a zoning district, forestry shall be permitted in all wetlands in accordance with the requirements of § 160-25 of this chapter.

E. Fish and wildlife activities and wetlands management shall be permitted in all wetlands, in accordance with N.J.A.C. 7:50-6.10.

[Amended 7-25-2012 by Ord. No. 20-7-2012]

F. Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity uses associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsections J and K below.

G. Private, noncommercial docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in Subsection J hereof, and conforms to all state and federal regulations.

H. Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities, provided that:

(1) There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

(2) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

(3) The use represents a need which overrides the importance of protecting the wetland;

(4) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

(5) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

I. No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of a wetland unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland as set forth in Subsection J hereof. If the applicant has obtained a waiver or a determination from the Pinelands Commission, the Township will accept that waiver.

J. A significant adverse impact shall be deemed to exist where it is determined by the Planning or Zoning Board that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including, but not limited to, threatened or endangered species of plants or animals:

(1) An increase in surface water runoff discharging into a wetland.

(2) A change in the normal seasonal flow patterns in the wetlands.

(3) An alteration of the water table in the wetland.

(4) An increase in erosion resulting in increased sedimentation in the wetland.

(5) A change in the natural chemistry of the groundwater or surface water in the wetland.

(6) A loss of wetland habitat.

(7) A reduction in wetland habitat diversity.

(8) A change in wetlands species composition.

(9) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

K. Determinations under Subsection J above shall consider cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may effect the wetland.

§ 160-52 Critical areas and easements; deductions.

[Amended 5-4-2022 by Ord. No. 5-3-2022]

In all zones encompassed by this chapter, except the FA, FW, RD-1, RD-2, RD-3, RG-1, RG-2, RG-1BR, RG-2KG and EP Zones, there shall be a deduction of 80% of the critical areas, including streams, ponds and lakes, one-hundred-year floodplains, wetlands, and slopes over 25% in computing gross density (residential zones) or a floor area ratio (nonresidential zones), and easements prior to any development approval, except those for conservation or agricultural purposes, or communications and access.