Township of Evesham, NJ Article VI Miscellaneous Provisions

§ 62-53 Energy conservation.

A. When few natural constraints exist which limit the street layout and location, such as but not limited to steep slopes and unsuitable soils, streets should have an east-to-west orientation to the greatest extent possible with acceptable variations of 10º northwest and 25º to the southwest of due east in order to provide for orientation of buildings to the south and thereby encourage the use of solar energy systems.

B. All development should be designed to encourage energy conservation:

(1) By taking advantage of southerly exposures, proposed lots should have good solar access to the maximum extent possible.

(2) By providing that each building has sufficient solar access to make effective use of passive solar systems.

C. Windbreakers of evergreen plants are recommended for planting on northeast and northwest exposures where there are no conflicts with visibility or safety. Deciduous trees are recommended on southern and western exposures.

D. Window openings on northern exposures should be limited in size and number.

E. Solar access of adjacent buildings shall be protected to the extent of the yard requirements provided, unless the Board so determines that solar easements are necessary to ensure an energy-efficient plan, in which case solar easements shall be provided.

F. For the purpose of this chapter, solar collectors shall not be subject to the maximum height regulations of the district, but their height shall not exceed 20% of the maximum height permitted.

§ 62-54 Grading standards and requirements.

A. General standards. In order to provide more suitable sites for buildings and other physical features, improve surface drainage and control erosion, the following general requirements shall be followed during the grading of any site. Each application for a building permit shall be accompanied by a proposed grading plan which shall incorporate the standards and requirements for grading contained in this chapter and shall show the location of all sewer lines, waterlines, wells, septic tanks, septic fields, structures and improvements proposed to be constructed together with all elevations and grades resulting from excavation, site grading or use of fill. The plan shall also show the method and location of soil stabilization which is proposed to be employed on the site. No certificate of occupancy shall be issued for any structure which is not in full compliance with the proposed grading plan. In order to ensure compliance, an as-built plan certified by a New Jersey licensed surveyor shall be submitted when construction is complete.

(1) The yards of every structure shall be graded to secure proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Board, during a developmental application process. A minimum of two-percent slopes away from structures shall be required.

(2) All drainage provisions shall be of such design as to collect on-site runoff (includes but is not limited to sump pump discharge) and carry surface waters to the nearest practical street, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded and shall be of such slope, shape and size as to conform with specifications of the Township.

[Amended 3-10-2021 by Ord. No. 12-3-2021]

(3) Concentration of diffused natural water flow shall only be permitted in swales or watercourses.

(4) Excavations and fills.

(a) No excavation shall be made with a cut face steeper in slope than five horizontal to one vertical (20%), except as approved by the Engineer when handled under special conditions.

(b) No fill shall be placed which creates any exposed surface steeper in slope than four horizontal to one vertical (25%), except as approved by the Engineer when handled under special conditions.

(c) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(d) Retaining walls or cribbing shall be required where needed to prevent the surface of excavations or fills from exceeding at any point the maximum allowable slope.

(e) Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.

(f) No fill shall be made so as to cause settlement, sliding or erosion of the soil.

(g) No fill shall be made or placed adjacent to the bank of a channel so as to create bank failure or sliding.

B. Standards for large grading projects. The following standards and guidelines apply to any nonagricultural disturbance of surface soil which exceeds 5,000 square feet and shall be followed during the grading of such sites:

(1) Site grading shall be designed to establish building floor elevations and ground surface grades which:

(a) Allow drainage of surface water away from building and off the site (see table below at end of this section).

(b) Minimize earth settlement problems.

(c) Avoid concentrating runoff onto neighboring properties where erosion or other damages will be caused.

(d) Keep earthwork and footings to a practical minimum, based on sound foundation design requirements.

(e) Provide usable outdoor space.

(f) Minimize erosion.

(g) Dispose of surface water by infiltration into the ground, only where year-round feasibility of this method has been proven for the site.

(2) Grading design shall use natural drainageways for drainage where possible and shall not cause or increase erosion conditions within or adjoining the site. Grades shall be designed to retain original ground surface levels to the limits of the branch spread of trees and around other natural vegetation to be preserved in place.

(3) First floor grades shall be established which will:

(a) Avoid deep cuts and fills.

(b) Allow gravity sanitary sewer service.

(c) Avoid the need for long or repeated flights of steps.

(d) Minimize the need for banks, retaining walls or terracing.

(4) Grades shall not be designed which direct a concentrated flow of surface drainage over existing or proposed slopes.

(a) All earth slopes with grades of five on one or steeper shall be planted with appropriate vegetative cover to minimize erosion.

(b) Existing slopes whose continuing stability is anticipated and which are covered by vegetation or supported by solid rock outcropping are acceptable.

(c) Occupant and visitor exposure to potential hazards such as rock slides or steep cliffs, created by existing slopes, shall be minimized by the installation of fences, swales or planting, as appropriate.

(5) Lawn preparation shall include a surface layer having a minimum depth of six inches comprised of surface soil with a known local capability of satisfactorily supporting lawn growth.

(a) Sodded areas shall have a minimum finished depth of six inches of sod and surface soil with a known local capability of satisfactorily supporting lawn growth.

(b) Grading for secondary lawn areas shall be kept to the minimum necessary to prevent standing water or other undesirable moisture conditions.

(6) Gradients (percent). The standards listed in the table at the end of this section shall also apply to large grading projects.

C. Procedures for large grading projects. The following procedures apply to any disturbance of surface soil which exceeds 5,000 square feet:

(1) Grading which encompasses the movement of significantly large quantities of earth to alter the fundamental contours of the site shall be accomplished with due regard to the effective disposition of storm drainage and prevention of ponding or excessive soil saturation and erosion. Safe grades for access to the site shall be provided.

(2) The subgrade shall be established to the limiting dimensions, elevations and contours required by the grading plans and specification.

(a) Remove all debris and objectionable material which may interfere with developing adequate subgrade support strength. Scarify and/or bench the original ground on sloping sites to prevent slippage of fill.

(b) Maintain all bench marks, monuments and other reference points.

(c) Protect areas under trees to remain and other areas not to be disturbed.

(3) The finish grade shall be smoothed to the surface of the required finish gradients and elevations.

(4) The minimum acceptable factor of safety with respect to sliding shall be 1.5 based on generally accepted methods of analysis. A stability factor greater than 1.5 may be necessary when the potential for catastrophic loss is present. The most adverse conditions concerning weight and strength of soil, unbalanced water pressure, percolating water, weight of equipment, structures or materials and other significant factors, such as the effects on soil strength and other soil properties and changes caused by dynamic loading from earthquakes, shall be reflected in the analysis.

(5) Wood and other vulnerable materials shall be protected from termites in those areas where damage has been experienced or may reasonably be anticipated. Soil poisoning is one of the methods for achieving the required protection. When soil poisoning is used, the rate of application of the approved chemical should not be less than that recommended by the United States Department of Agriculture publication, entitled "Subterranean Termites, Home and Garden Bulletin No. 64." Soil shall not be treated when excessively wet or immediately after heavy rains in order to avoid movement of the toxicant from the site. Unless the treated areas are to be immediately covered, precautions shall be taken to prevent disturbance of the treatment. Chemical soil treatment shall not be used where there is a possibility of contamination of a water source or supply.

(6) Land development or site improvement where the reforming of the topography by fill is so extensive that building foundations are supported by fill shall be controlled fill and designed, compacted and tested in accordance with generally accepted good practice and placed under the supervision of a qualified soils engineer.

D. Alternative performance in certain cases. If weather conditions or other circumstances make it temporarily difficult or impossible to comply with the terms or any other requirement of this chapter, the Township Manager may permit such terms or requirements to be performed at such later date as he or she may specify. In such a case, a cash guaranty or third-party surety bond shall be posted with sufficient easements to enable the Township to provide alternative performance.

	Minimum		Maximum
Access and Parking	Center Line (percent)	Crown or Cross Slope (percent)	Center Line (percent)	Crown or Cross Slope (percent)
Streets(2)
Minor	0.75%	2.0%	10%
Collector, feeder and arterial	0.75%	2.0%	4.0%	5.0%
Street intersections(2)	0.75%	1.0%	3.0%	3.0%
Driveways(3)	0.50%	1.0%	12.0%	5.0%
Sidewalks(4)
Concrete	0.5%
Bituminous	1.0%
Building entrances and short walks	1.0%		12.0%	5.0%
Main walks	0.5%		10.0%	5.0%
Adjoining steps			2.0%
Landings		1.0%		2.0%
Stepped ramp treads	1.0%		2.0%
Parking		1.0%	5.0%	5.0%

Slope Gradients
	Minimum (percent)	Maximum (percent)
Slope away from foundations
Pervious surfaces	2%	21.0%(7)
Impervious surfaces	1%(5)	21.0%(7)
Slope to upper end of a drainage swale	2%(5), (6)
Pervious surfaces
Ground frost areas	2%
Impervious surfaces	1%
Usable open area		5.0%
Other areas(9)		25% (4:1)
Slopes to be maintained by machine		25% (4:1)
NOTES:
(1)Approximate equivalents:
0.5% = 1/16 inch per foot
1.0% = 1/8 inch per foot
2.0% = 1/4 inch per foot
5.0% = 5/8 inch per foot
10.0% = 1 1/4 inches per foot
12.0% = 1 1/2 inches per foot
21.0% = 2 5/8 inches per foot
(2)Do not apply to development on lots for single-family detached dwellings.
(3)Vertical transitions shall prevent contact of car undercarriage or bumper with driveway surface.
(4)Five and zero-tenths percent maximum for major use by elderly tenants.
(5)Minimum length of 10 feet or as limited by property lines.
(6)Can be used only where no steep adjacent slopes will contribute storm runoff.
(7)Minimum length four feet.
(8)Areas having annual precipitation of more than 50 inches use 2.0%.
(9)After individual analysis, the Planning Board may accept steeper slopes or require flatter slopes.

§ 62-55 Lighting.

A. All streetlights in major subdivisions on minor and collector residential streets must conform to the following minimum standards:

(1) Streetlights in residential areas must be installed 250 feet apart, on center, on alternate sides of the street or cul-de-sac as well as at each intersection in accordance with a streetlight placement plan approved by the Township Manager; however, streetlighting in large lot subdivisions within the Pinelands need not be so intensive and shall adhere to the recommendations of the Planning Board. Luminaries shall be fifty-watt high-pressure sodium in line and one-hundred-watt high-pressure sodium at street intersections.

(2) Streetlights in industrial areas must be installed 400 feet apart, on center, on alternative sides of the street or cul-de-sac as well as at each intersection in accordance with a streetlight placement plan approved by the Township Manager. Luminaries shall be one-hundred-watt high-pressure sodium in line and at street intersections.

(3) Luminaries shall be mounted on a minimum eight-foot metal boom attached to a thirty-foot laminated square wood pole. Said luminaries shall be installed in such a manner that said fixtures shall have a twenty-five-foot clearance from the roadway surface.

B. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family, recreational or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandle at intersections. Refer to Exhibit A for other areas to be illuminated.[1] Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.

[1] Editor's Note: Exhibit A is included at the end of this section.

C. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

EXHIBIT A ILLUMINATION GUIDELINES FOR PARKING AND PEDESTRIAN AREAS
	Illumination Objective
Level of Activity	Vehicular Traffic (footcandles)	Pedestrian Safety (footcandles)	Pedestrian Security (footcandles)
A. Parking Illumination (Open Parking Facilities)
Low activity	0.5	0.2	0.8
Medium activity	1	0.6	2
High activity	2	0.9	4
B. Pedestrianway Illumination

		Average Levels for Special Pedestrian Security
Walkways and Bikeway Classification	Minimum Average Level (footcandles)	Mounting Heights 3 to 5 meters (9 to 15 feet) (footcandles)	Mounting Heights 5 to 10 meters (15 to 30 feet) (footcandles)
Sidewalks (roadside) and Type A bikeways:
Commercial areas	0.9	2.0	4.0
Intermediate areas	0.6	1.0	2.0
Residential areas	0.2	0.4	0.8
Walkways distant from roadways and Type B bikeways, park walkways and bikeways	0.5	0.6	1.0
Pedestrian tunnels	4.0	5.0	--
Pedestrian overpasses	0.3	0.4	--
Pedestrian stairways	0.6	0.8	--

ILLUMINATION GUIDELINES FOR PARKING AND PEDESTRIAN AREAS
IES Lighting Handbook definitions:
A.	Area classification:
	1.	Commercial. That portion of a municipality in a business development where ordinarily there are large numbers of pedestrians during business hours.
	2.	Intermediate. That portion of the municipality often characterized by a moderately heavy nighttime pedestrian activity such as in blocks having libraries, community recreation centers, large apartment buildings or neighborhood retail stores.
	3.	Residential. A residential development, or a mixture of residential and commercial establishments, characterized by a few pedestrians at night. This definition includes areas with single-family homes, townhouses and/or small apartment buildings.
B.	Activity level:
	High activity. Major league athletic events, major cultural or civic events, and major regional shopping centers.
	Medium activity. Fast-food facilities, area shopping centers, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.
	Low activity. Local merchant parking, industrial employee parking, educational facility parking.
C.	Bikeway classification:
	1.	Type A bikeway - a strip within or adjacent to a public roadway or shoulder, used for bicycle travel.
	2.	Type B bikeway - an improved strip identified for public bicycle travel and located away from a roadway or its adjacent sidewalk system.

§ 62-56 Natural features; landscaping.

A. Purpose.

(1) Landscaping shall be designed with an overall concept, to integrate the various elements of the site, and to preserve and enhance the particular identity of the site, consistent with the purposes of the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(2) The tree protection and landscaping standards contained in this chapter shall be applicable to all subdivisions of land and any parcels undertaking site plan activities. All parts of properties being redeveloped, renovated, improved, as part of a subdivision or site plan application, shall be brought into compliance with the requirements of this chapter, to the extent possible.

(3) Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, annuals, and mulch. It may also include other man-made and natural elements such as rocks, land forms and berms, water, sculpture, art, walls, fences, street furnishings and paving materials.

(4) Landscaping and its maintenance should help preserve the resources of Evesham Township by utilizing such methods as planting natives, xeriscaping (using drought-tolerant plants), using drip irrigation systems and sustainable materials.

B. Landscape plan requirements.

(1) The requirements and standards prescribed herein shall be considered the minimum requirements and standards for all landscape and tree protection management plans as required by this chapter. Standards established by other Township ordinances, or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein.

(2) The landscape plans shall be prepared and sealed by a certified landscape architect or other similarly qualified professional acceptable to the Planning Board.

(3) Landscape plans shall be submitted with each site plan or major subdivision plan application. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set, and shall contain the following information:

(a) Existing vegetation to remain, and location of proposed plantings, with transplants and compensatory plants clearly labeled.

(b) Existing and proposed improvements, including structures, utilities, lighting, signage, stormwater management system structures, pavement materials, water features, fences, walls.

(c) All ground plane treatments including grass, groundcovers and mulch beds; with beds clearly defined.

(d) Existing and proposed grades, including berm contours.

(e) A plant list on the same sheet, or reference to the sheet on which it appears, which contains a key or symbol reference, corresponding to labels or symbols on the plan; the proposed quantity of each plant species; the scientific and common plant names; the size of the plant at installation; the root condition; plant spacing; and any special specifications or instructions.

(f) Details of the proposed method of planting, staking and tree protection.

(g) Standard planting notes, reflecting current industry standards; the guarantee period and maintenance commitment; any special planting notes.

(4) Detailed planting areas, which are not clearly legible on plans at a smaller scale, shall be shown at a scale of one inch equals 30 feet or larger, to depict the detail. This may be necessary to communicate plantings around signage, project entries, in courtyards, tot-lots or building foundations, for example.

(5) For applications in the Pinelands Area, landscaping plans shall also incorporate the elements set forth in § 160-47D of this Code.

C. Standards for plant material.

(1) Plant species selected shall be suitable to the site's microclimate, be appropriate for the intended function, be proportional to site features, and minimize the amount of maintenance required. Shade and street trees may be selected from the list of "Evesham Township Recommended Street Trees," found in Subsection H below. Shrubs and other plantings may be selected from those recommended in a standard reference book, such as "Shrubs and Vines for American Gardens, by Donald Wyman" (New York: Macmillian, 1969) or other such reference acceptable to the Planning Board.

(2) Plantings shall not block, impede or interfere with the safe use, operation or maintenance of roadways, sidewalks, sight easements, utilities, and lighting. Trees shall be offset a minimum of 10 feet from utility lines and 15 feet from overhead utility lines. Plantings shall not be of an invasive nature, weedy or brittle character, easily susceptible to pest infestations and/or diseases, or possess hazardous characteristics (bee-attracting, poisonous, thorny) when used in areas designated for sitting or play.

(3) With the exception of transplanted material, all proposed plant materials shall be nursery-grown, disease-free, and shall conform to the standards listed in American Standard for Nursery Stock, ANSI Z60.1, current edition, published by the American Nursery and Landscape Association (ANLA).

(4) Plant material shall conform to the following minimum sizes and root condition:

(a) Shade and street trees shall have a minimum caliper of three inches to 3 1/2 inches, measured six inches above ground level, and a minimum height of 13 feet to 15 feet at installation. A minimum of 50% of the trees shall be native to the region. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.

(b) Ornamental and flowering trees shall have a minimum height of eight to 10 feet at installation. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.

(c) Evergreen trees shall have a minimum height of six feet at installation.

(d) The roots of all trees shall be contained in soil, and shall be balled and burlapped, except as otherwise noted in this chapter.

(e) Upright shrubs shall be a minimum height of three feet at planting. Spreading shrubs shall be a minimum of 18 inches in spread at planting.

(f) Ground covers, perennials, bulbs and annuals shall be appropriate to type.

(5) A variety of plant species are encouraged to avoid monocultures, to encourage long lived species, and to promote wildlife habitat. Tree and shrub plantings shall contain the following minimum species mix:

	Number of Trees	Minimum Species
	1 to 9	1
	10 to 49	2
	50 to 99	3
	100 to 199	4
	Over 200	5

	Number of Shrubs	Minimum Species
	1 to 49	1
	50 to 99	3
	Over 100	4

(6) Other plant types, such as those marginally hardy to the area or those which have an unusual form, and/or nonvegetative features, such as water or rock gardens, may be incorporated into required planting areas. However, only those plants, within the feature, which meet the above requirements may be counted toward satisfying the minimum planting requirements of this chapter.

(7) Guarantee and maintenance. All landscape materials, including compensatory and transplanted trees depicted on the approved landscape plan, shall be financially secured, guaranteed and maintained, including, without limitation, compliance with the following:

(a) All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the American Nursery and Landscape Association. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for surface mulch, staking and guying, irrigation, fertilization, insect and disease control, pruning, mulching, weeding and watering.

(b) The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least two years following their installation. The guarantee period shall be noted on the plans.

(c) After installation and prior to commencement of the guarantee period required above, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the Township by the applicant. Provided the finished site is found to be in compliance, the two-year guarantee period shall commence five days from the date of inspection.

(d) Plants found to be in poor health or lacking normal growth habit during the two-year guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 60 days of being notified by the Township, or during the next planting season, if notified out of season. All replacement plants shall be subject to a new two-year guarantee period.

(e) At any time, dead plants in hanging baskets and planters shall be replaced within 10 days of being notified by the Township.

(f) Where accidental damage or vandalism of plants occur, the applicant shall replace the damaged plant material in accordance with the original or an approved modified landscape plan.

(g) The applicant shall be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation, including compensatory plantings, during the two-year guarantee period. The escrow amount shall be equivalent to 110% of the amount of the cost estimate submitted with the approved landscape plan. In addition, an escrow shall be required for existing plants being disturbed by construction activities and/or transplanted plants, that are being used to satisfy the minimum requirements contained in this chapter or in Chapter 160, Zoning. This amount shall be equivalent to 110% of the cost of replacement with nursery-grown stock, based on the number of tree credits received for each existing tree or transplant. An escrow is not required for existing preserved trees outside the construction limits, or for transplanted material not being used to satisfy the minimum requirements of this chapter or Chapter 160, Zoning.

D. Site protection.

(1) Topsoil preservation. Topsoil disturbed during the course of construction shall be redistributed upon the site on all regraded surfaces so as to provide at least six inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting. No topsoil shall be removed from the site during construction unless approved by the appropriate Township officials.

(2) Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with New Jersey Department of Environmental Protection and Energy regulations. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site, unless they are within a wooded area. If trees and limbs are reduced to chips, they may, subject to approval of the appropriate Township official, be used as mulch in landscaped areas. However, the chips must be treated with a high nitrogen, liquid fertilizer and/or allowed to age prior to being used in a planting bed.

(3) Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertical to three feet horizontal shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

(4) Additional landscaping. All portions of a property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations of existing vegetation, trees, shrubs, lawns, ground cover, mulch, fencing, rock formations, artworks, and grading. In all developments, a minimum of 10 trees per acre shall be provided.

(5) Protection of existing plantings. A tree shall be considered preserved when the area under the dripline (root zone) is not disturbed, and the tree is in a healthy condition at the end of the guarantee period. Disturbance includes earthmoving activities and the construction of all proposed improvements and utilities. Maximum effort should be made to save or relocate trees within the tree protection zone, specimen trees, plants of high quality and/or value, and plants of rare or unusual species.

(a) The following conservation practices are mandatory, and shall be noted as such on the approved tree protection management plan, and employed in order to preserve existing trees:

[1] All trees, natural features and other vegetation to be preserved shall be protected from equipment damage by a four-foot-high self-supporting protective barrier, placed outside the dripline. The tree protection fencing shall be monitored by the Township and maintained by the applicant while in place. It shall be removed after all earthmoving and construction activities are completed, but prior to landscaping in the vicinity of the preserved natural features.

[2] The area around the base of existing trees shall be left open. Except in the case of approved tree wells and retaining walls, no impervious cover, storage of equipment, materials, debris or fill shall be allowed to remain within the dripline of any existing tree or within four feet of existing shrubs.

[3] Heavy-equipment operators shall not damage existing tree trunks and root systems by driving vehicles over the root zone of any tree to be preserved. If there is no alternative to locating a utility line within the dripline, it is strongly encouraged that tunneling, rather than trenching, be used to minimize potential damage to tree root systems. In such cases, the Township shall determine the most desirable location of the utility for the survival of the tree(s). Where trenching is unavoidable, trenched holes shall be filled with topsoil as soon as possible and tamped lightly to avoid the creation of air spaces.

[4] Any damaged tree trunks and exposed roots shall be treated according to the nature of the injury. When directed by the Township, additional treatment methods may be required, including liquid or dry fertilizer application.

[5] The crown of the tree shall be selectively thinned to compensate for root loss or damage during construction, according to the ANLA's guidelines, and pruned according to the National Arborists Association's (NAA) publication "A300 Pruning Standard."

[6] Trees shall not be used for roping, cables, signs, fencing, or lighting. Nails and spikes shall not be driven into trees.

[7] Grade changes to occur at any location on the property shall not result in the alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site preparation activities and/or site disturbance of trees, unless adequate provisions are made to protect such vegetation and its root systems.

(b) At the discretion of the Township staff, a preconstruction meeting with the applicant and/or site contractor may be required, to further determine methods to minimize tree loss.

(c) The Township may, at its discretion, require that trees and shrubs which would otherwise be removed during site preparation activities be transplanted elsewhere on the site, to the extent feasible.

(d) Should any existing trees on the site not scheduled to be removed be irreparably damaged during site preparation activities and, as a consequence thereof, die within two years of the conclusion of site preparation activities, such trees shall be replaced with nursery-grown material, in accordance within the requirement of this section.

E. Tree protection management plan. A tree protection management plan must be submitted at the time of site plan application, pursuant to this chapter, if there are one or more live trees proposed to be cut or removed from the property. A tree protection management plan shall contain the following information on a plot plan:

(1) Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.

(2) Location of existing natural features, including wooded areas, watercourses, wetlands, and floodplains.

(3) The limits of the tree protection zone, according to the following distances from proposed improvements:

(a) House or building: 12 feet.

(b) Pavement (parking lot, driveway, sidewalk): five feet.

(c) Septic fields, underground utilities, the base of berm grading of stormwater management basins, pools, sheds, picnic shelters and other improvements: 10 feet.

(4) Location of all existing live trees, with trunk diameters five inches or greater, measured 4 1/2 feet above ground level. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown. If it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter. If the trees to be preserved are part of a wooded area, only the outermost canopy line need be shown; unless disturbance is proposed, then individual trees located within 50 feet of the proposed edge of the woodland shall be shown.

(5) Each tree, or mass of trees, to be removed or transplanted shall be clearly marked as such.

(6) A chart tabulating the diameter inches being removed, the required diameter inches to be replaced, and the equivalent number of compensatory trees.

(7) Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing, as required in Subsection D(5) above.

F. Transplanted plants.

(1) On a case-by-case basis, provisions may be made for the moving of existing trees, shrubs or other natural features to other locations on the site if requested by the applicant or the Planning Board.

(2) When used to satisfy a minimum requirement contained in this chapter or in Chapter 160, Zoning, the transplanted plant materials shall be at least the same size as required nursery-grown material, and shall also be subject to the same protection, maintenance and guarantee requirements of this section.

(3) Transplanted material shall be handled according to the ANLA's guidelines and pruned according to the NAA's publication "A300 Pruning Standard." When pruning, a more conservative crown clearing is recommended, removing up to 25% of the branches.

G. Compensatory planting.

(1) In the event that preservation of existing trees within the tree protection zone is impossible and/or relocation of improvements impractical, then compensatory planting shall be required for each live tree within the tree protection zone, and each specimen tree anywhere on the site.

(2) Trunk diameters shall be measured according to the following guidelines:

(a) For single-trunked shade trees, at a point 4 1/2 feet above ground level.

(b) For single-trunked ornamental trees, at a point 12 inches above ground level.

(c) For evergreen trees, at a point 12 inches above ground level.

(d) For multi-trunked trees that branch between one and 4 1/2 feet above ground level, at a point just below the split.

(e) For multi-trunked trees that branch below one foot above grade, the diameter shall be 60% of the sum total of all trunks measured at a point 4 1/2 feet above ground level.

(3) Compensatory trees shall be provided in the following ratios, based on the sum total of the diameter inches of trees being removed. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Planning Board.

(a) For trees five to 24 inches in diameter, one inch of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.

(b) For trees 24 inches in diameter or greater (specimen trees), two inches of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.

(c) For existing street trees within the right-of-way, one tree, with a caliper of three to 3 1/2 inches, shall be replanted in the street tree planting strip.

(d) For other significant areas of woods containing deciduous trees smaller than five inches in diameter, or evergreens less than six feet in height, replanting shall be with seedling material, of comparable native species, placed on a ten-foot-by-ten-foot grid. Compensation shall be at a rate of a one square foot of new planting area for one square foot area of disturbance. This material may be bare root or container grown stock.

(4) The number of compensatory trees should be calculated from the total diameter inches to be replaced, divided by three, rounded up to the next whole number.

(5) Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within Subsection C above. Evergreen and ornamental trees may be substituted at a ratio of two to one shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Planning Board.

(6) Locations of compensatory trees must be clearly labeled on the landscape plan. They may be placed anywhere on the site, but are in addition to other required trees.

(7) In the event that the applicant establishes to the satisfaction of the Planning Board that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the Planning Board, the applicant shall:

(a) Install a portion of the required compensatory trees on other public lands within the Township; and/or

(b) Contribute to the Township the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands; and/or

(c) Install fewer, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.

Whichever alternative is elected by the Board shall serve as the basis for calculating the required financial security in conformance with Subsection C(7)(g) above.

H. Street trees.

(1) Street trees shall be required along all existing or proposed public or private streets when they abut or lie within the proposed subdivision or site plan, and are in addition to other required plantings.

(2) In new residential developments not located within Historic Marlton Village, street trees shall be placed either within a five-foot-wide planting strip located between the curb and sidewalk, or three feet to five feet behind the proposed sidewalk within a street tree easement, as needed. Where no sidewalks are proposed and are not planned in the future, the trees shall be placed five feet behind the curb or edge of pavement. Within Historic Marlton Village, street trees shall be placed in a planting strip located between the sidewalk and curb or located in tree grates in this same area within the right of way. Street trees shall not be planted within clear sight triangles as described in § 62-26.

[Amended 12-15-2015 by Ord. No. 31-12-2015]

(3) Street trees shall comply with the size and spacing requirements below. A minimum of 50% of the proposed street trees shall be native to the region. Refer to "Evesham Township Recommended Shade and Street Trees" at the end of this subsection.

	Tree Size (feet)	Planting Interval (feet)
	Large trees (40+)	40
	Medium-sized trees (30 to 40)	30
	Small trees (to 30)	20

(4) The linear footage of right-of-way or pavement frontage shall be divided by the planting interval, without deducting the areas of driveway cuts or crosswalks. Fractions shall be rounded up. Trees shall be distributed along the entire planting strip, although they need not be evenly spaced.

(5) To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. Species mix shall conform to Subsection C(5) above. Street tree species may be alternated at the designer's discretion; however, this does not preclude the limited use of a singular species of tree to create a strong design statement. In general, no more than 20 trees in a row or in a cluster should be of the same species, unless otherwise approved.

(6) In certain rural sections and/or in the Pinelands Areas of the Township, the planting of groves or clusters of street trees may be more appropriate, to replicate the naturally occurring patterns of succession. In these cases, the following additional guidelines shall apply:

(a) Two street trees with a minimum one-and-three-fourths-inch to two-inch caliper may be substituted for each one required street tree.

(b) Clusters shall contain from two to seven trees. The number of trees in each sequential cluster should be varied.

(c) The trees within the clusters shall be spaced from 15 feet to 30 feet on center.

(d) The maximum distance between clusters shall be no greater than 75 feet.

(e) The width of the tree planting strip may extend up to 15 feet onto the lot from the right-of-way line.

(7) Alternate arrangements to create a special effect (i.e., columnar trees spaced 15 feet on center at a development entry) may be permitted on a case-by-case basis, when approved by the Planning Board.

(8) Trees shall be planted so as not to interfere with the installation and maintenance of sidewalks and utilities, in accordance with the following guidelines:

(a) If trees are located closer than 10 feet to a sidewalk, root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk. Root barriers are not required along the curb;

(b) Ten feet from underground utilities; and

(c) Fifteen feet from overhead utilities, unless the use of small shade or ornamental trees is approved.

(9) The street tree requirement may be waived where existing preserved vegetation is considered sufficient to meet these requirements, and is reasonably assured of continued survival.

(10) If tree pits are used within paved areas, they may be covered with tree grates and/or a variety of porous materials; however, the minimum surface area for gas exchange must be 15 square feet per tree, unless otherwise approved by the Planning Board.

EVESHAM TOWNSHIP RECOMMENDED SHADE AND STREET TREES
Botanical Name	Common Name
Acer campestre	Hedge maple
Acer griseum	Paperbark maple
Acer platanoides	Norway maple
Acer pseudoplatanus	Sycamore maple
Acer pseudoplatanus "Pyramidale"	Upright Sycamore maple
Acer rubrum "Columnare"	Columnar red maple
Acer rubrum "October Glory"	October glory red maple
Acer rubrum "Scanlon"	Scanlon Red maple
Acer saccharum	Sugar maple
Acer saccharum "Columnare"	Columnar sugar maple
Acer saccharum "Green Mountain"	Green Mountain Sugar maple
Acer saccharum "Temple's Upright"	Temple's upright sugar maple
Aesculus carnea "Brioti"*	Ruby horsechestnut
Aesculus hippocastanum "Baumanni"*	Double flowering horsechestnut
Betula nigra*	River birch
Carpinus betulus	European hornbeam
Carpinus betulus "Fastigiate"	Pyramidal European hornbeam
Carpinus caroliniana	American hornbeam
Carpinus japonica	Japanese hornbeam
Celtis occidentalis*	Common hackberry
Cercidiphyllum japonicum	Katsuratree
Cladrastis lutea	Yellow wood
Fraxinus americana	White ash
Fraxinus ornus	Flowering ash
Fraxinus pennsylvanica	Green ash
Fraxinus pennsylvanica	Marshall's seedless green ash
Fraxinus pennsylvanica "Summit"	Summit ash
Gleditsia triacanthos inermis "Shademaster"	Shademaster thornless honey locust
Gleditsia triacanthos inermis "Skyline"	Skyline thornless honey locust
Koelreuteria paniculata*	Golden rain tree
Liquidambar styraciflua*	American sweetgum
Liriodendron tulipifera*	Tulip poplar
Nyssa sylvatica*	Sour gum
Ostrya virginiana	American hophornbeam
Phellodendron amurense*	Amur corktree
Platanus acerifolia	London planetree
Platanus occidentalis	Sycamore
Pyrus calleryana "Redspire"	Redspire callery pear
Pyrus calleryana "Whitehouse"	Whitehouse callery pear
Quercus coccinea	Scarlet oak
Quercus palustris	Pin oak
Quercus phellos	Willow oak
Quercus robur	English oak
Quercus rubra	Red oak
Sophora japonica	Japanese scholar - tree
Sophora japonica "Regent"	Regent scholar - tree
Sorbus alnifolia	Korean mountainash
Tilia cordata	Littleleaf linden
Tilia cordata "Greenspire"	Greenspire littleleaf linden
Tilia euchlora	Crimean linden
Tilia tomentosum	Silver linden
Ulmus americana	American elm
Ulmus parvifolia	Lacebark elm
Ulmus x "Homestead"	Homestead hybrid elm
Zelkova serrata	Japanese zelkova
Zelkova serrata "Village Green"	Village green zelkova
*NOTE: Indicates trees to be used only as a shade tree and not as a street tree.

I. Landscaping for parking, loading and vehicle storage areas.

(1) Except for detached single-family and two-family dwelling units, a screen planting, berm, fence, wall or combination thereof, no less than four feet in height, measured from the center line of the adjacent street, shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.

(2) Areas equivalent to 10% of the total area devoted to vehicular use, including parking, access lanes and service drives, shall be landscaped as planting islands, divider strips and/or building foundation plantings. Such landscaped areas shall be distributed throughout the vehicular use area, or along their perimeter, in order to break the view of parked vehicles in a manner not impairing visibility.

(3) Planting islands shall conform to the following standards:

(a) Planting islands shall be distributed throughout the parking lot, according to one of these two formulas:

[1] One planting island, a minimum of nine feet wide by 18 feet long, spaced not more than 180 feet apart, or every 20 parking stalls, in single or double bays; or

[2] One diamond tree pit, a minimum of four feet square, spaced not more than 45 feet apart, or every five parking stalls in double bays. These are to be placed at an angle of 45º to the stalls, at the conjunction of four adjacent stalls. In addition, islands 18 feet in width shall be provided at the ends of rows in which diamond tree pits are used.

(b) Islands should be placed opposite each other in adjacent rows of parking, to reduce the number of raised islands, and to increase the area available for tree roots.

(c) The last parking stall in a row shall be separated from drive aisles by a planting island, a minimum of nine feet in width.

(d) Each planting island shall contain one shade tree plus shrubs, ground cover, perennials and/or mulch to cover the entire area at maturity. At least 50% of the proposed shade trees shall be native to the region. Shrubs shall be maintained at a maximum height of 2 1/2 feet.

(4) Divider strips shall conform to the following standards:

(a) Divider strips shall be placed at every other bay of parking, running the length of the rows of parking, and be landscaped with plantings of shade, ornamental, and/or flowering trees, plus shrubs, ground cover and/or mulch to cover the entire area at maturity. A "bay of parking" is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane.

(b) Divider strips shall be a minimum of 10 feet wide, unless a sidewalk is proposed within the divider strip, then the divider strip shall be increased in width by six feet. An approved root barrier shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.

[1] The quantity of shade trees required shall be calculated at one tree per 30 feet of divider-strip length, exclusive of end islands. Two ornamental trees may be substituted for one shade tree, for up to 50% of the requirement. The trees need not be spaced evenly apart; however, the maximum spacing shall be 50 feet.

[2] The quantity of shrubs shall be calculated at one shrub per 10 feet of divider strip, exclusive of end islands. Shrubs shall be spaced according to size, but not more than five feet apart. Gaps may be placed between the shrub plantings to provide areas for ground covers, decorative mulch beds, artwork, crosswalks, or flowering plants. Shrubs within 10 feet of the ends of the strips shall not exceed 2 1/2 feet in height, so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider island.

(5) All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than eight feet in height.

(6) To prevent conflicts with the opening and closing of automobile doors, and to reduce damage from automobile overhangs, all shrub plantings in parking lot islands and divider strips located adjacent to or abutting parking stalls shall be set back a minimum of two feet from the curb or edge of pavement.

(7) Plantings required within the parking areas are exclusive of other planting requirements such as street trees, buffer and compensatory plantings.

(8) See § 160-17 for further requirements for buffers.

J. To break up long stretches of facade and provide a more comfortable pedestrian environment, plantings shall be placed along the sides of buildings facing parking lots and street rights-of-way, according to the following standards:

(1) Plantings are required for all sides of a non-single-family residential building facing parking lots or areas intended primarily for pedestrian use. Plantings are not required along the sides of buildings containing service or loading areas, unless they also face parking areas. If part of a side of the building faces parking, only that portion is subject to these requirements.

(2) Plantings are required for all sides of a non-single-family residential building facing a street right-of-way.

(3) Plantings shall front a minimum of 50% of the length of the building and any outdoor retail, cafe or occupied areas. Screen plantings are not required in front of outdoor sales or cafe areas; however, consideration should be given to placing some of the required trees in front of these areas.

(4) The minimum planting requirement shall be one shade tree plus six small shrubs per 20 feet of building facade, outdoor retail, cafe or other occupied areas. To allow for design flexibility, the following substitutions may be made:

(a) Up to 50% of the required quantity of shade trees may be substituted with two ornamental or evergreen trees, or six shrubs, per shade tree.

(b) Up to 25% of the required quantity of shrubs may be substituted with one ornamental grass, capable of reaching a mature height of at least three feet, or two ground cover shrubs or perennials; or permanent, planted hanging basket(s), containing living plants, with a combined minimum diameter of 24 inches, supported on a decorative post or attached to the building wall, per small shrub.

(5) Plantings may be placed in a lawn area, tree pits, planters, or hanging baskets as appropriate to the character of the development, using the following guidelines as to placement:

(a) Shade trees shall be placed at least 15 feet from a building wall. Ornamental and evergreen trees shall be placed at least five feet from a building wall.

(b) If any tree is located closer than 10 feet to a sidewalk, approved root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.

(c) Planters shall be at least 30 inches high, but no higher than 42 inches, and contain drainage holes.

(d) The bottoms of hanging baskets shall be at least eight feet above the sidewalk surface, to provide for pedestrian clearance and clear visibility.

§ 62-57 Off-street parking, loading areas and driveways.

A. Off-street parking.

(1) Number of spaces.

(a) An adequate number of off-street parking spaces shall be required in all developments to accommodate residents and visitors.

(b) For residential and nonresidential developments, off-street parking shall be provided as set forth in Chapter 160, Zoning.

(c) Parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s) where feasible, to minimize access points to the street.

(d) Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces, be completed initially, subject to the following regulations:

[1] The site plan shall clearly indicate both the portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.

[2] The site plan shall provide the adequate drainage of both the partial and total parking areas.

[3] The portion of the parking area to be initially unpaved shall be landscaped in accordance with § 62-56.

[4] The applicant shall post separate, additional performance guarantees which encompass the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

[5] In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy may be issued for a period of two years. Prior to the expiration of the two-year period, the applicant either may apply for issuance of a permanent certificate of occupancy or apply to the appropriate approving agency after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the Community Development Director determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Community Development Director determines that the partial off-street parking area is not adequate, the applicant shall be required to install additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.

[6] Any change of use on a site for which the Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.

B. Parking areas.

(1) Off-street parking areas shall be oriented to and located within a reasonable walking distance of the buildings they are designated to serve:

(a) A maximum of 1,000 feet for employee parking;

(b) A maximum of 500 feet to 800 feet for shoppers;

(c) A maximum of 250 feet for nonelderly residents;

(d) A maximum of 150 feet for elderly residents; and

(e) A maximum of 300 feet for guests.

(2) Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet are provided in order to accommodate such overhang.

(3) The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and drainage areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date.

(4) The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

(5) Wooden bollards may be used to delineate parking stalls in nonpaved gravel parking areas.

C. Minimum off-street loading.

(1) Every nonresidential activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Additional spaces may be necessary and required in accordance with Chapter 160, Zoning. There shall be no loading or unloading from the street.

(2) Every nonresidential activity shall provide at least one trash and garbage pickup location for each building, which shall be separated from the parking spaces by either a location within the building or a pickup location outside the building, which shall be a durable, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions. Moreover, if located outside the building, the container shall be situated on the same horizontal plane as the driveway providing access to the container.

D. Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 62-55.

E. Paving and curbing.

(1) All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking, provided:

(a) The submitted plan includes all the parking spaces required by this chapter and includes those spaces to be paved and those requested to be unpaved.

(b) All parking areas to be unpaved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary.

(2) All paved parking and loading areas and access drives shall be curbed unless otherwise specified by the Engineer and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

(a) Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be prepared with four inches of soil aggregate I-5 and paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course, Mix I-2, constructed in layers of not more than two inches' compacted thickness and prepared and constructed in accordance with Sections 208, 209, and 304 of the most current New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto. A minimum of two-inch-thick compacted wearing surface of bituminous concrete (FABC Mix I-5) shall be constructed thereon in accordance with the aforesaid New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto.

(b) Parking stall areas and other areas likely to experience similar light traffic shall be prepared with four inches of soil aggregate I-5 and shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, mix I-2, prepared and constructed in accordance with Section 304 of the aforesaid New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1983) and amendments thereto. A minimum of two-inch-thick compacted wearing surface of bituminous concrete (FABC mix I-5) shall be constructed thereon in accordance with Section 404 of the aforesaid New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto.

(c) Where subgrade conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with suitable subgrade material as determined by the Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the Engineer shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, and proof rolled with a ten-ton, three-wheel steel roller, the parking area surfacing material, as described heretofore, shall be spread thereon. All work shall be in accordance with Sections 208 and 209 of the most current New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto.

(d) All parking areas shall have a minimum cross slope of 1 1/2% and 3/4% longitudinally in a curbed gutter line.

(e) All driveways shall have a minimum slope of 1.50% pitched towards the roadway. If the grade of a lot is such that a steeper slope is required, a maximum slope of 12% is permitted, provided that a levelling area with a maximum slope of 4% is located for the first 25 feet at the roadway and at the garage.

(3) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

F. Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart; shall handle no more than two lanes of traffic; shall be at least 20 feet from any property lines; and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide. One-way driveways shall be 15 feet. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway, and the curbing may be rounded at the corners.

G. Location of parking and loading.

(1) Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.

(2) The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the minimum dimensions set forth in § 160-32C.

H. No person, firm or corporation shall park or store a recreational vehicle or trailer, as defined in § 52-1, upon any road, street, highway or public right-of-way within the Township. Recreational vehicles or trailers may be parked or stored only in accordance with the following:

[Amended 7-17-2001 by Ord. No. 7-3-2001; 3-19-2019 by Ord. No. 4-3-2019]

(1) All recreational vehicles or trailers shall be stored either in a driveway or side or rear yard area only; no recreational vehicle or trailer shall be parked or stored in the front yard area of a lot, other than in a driveway, nor shall a recreational vehicle or trailer be parked or stored on any road, street, highway or public right-of-way.

(2) Recreational vehicles or trailers shall be in a safe and effective operating condition. All recreational equipment or trailers shall display thereon a current state license and/or registration when required.

(3) At no time shall any recreational vehicle or trailer parked or stored on any lot be used for living, sleeping, housekeeping or storage purposes.

(4) No commercial vehicles may be stored in a residential zone.

(5) No recreational vehicle or trailer shall encroach upon the sight triangle, as defined in § 62-26B of this chapter, or otherwise cause a dangerous condition as determined by the Township Zoning Officer.

§ 62-58 Performance standards for all uses.

An application for development shall comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as the appropriate documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of use of any structure.

A. Electrical and/or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.

B. Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.

D. Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection and Energy as they are adopted and amended.

E. Odor. Odors shall not be discernible at the lot line or beyond.

F. Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

G. Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.

H. Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.

§ 62-59 Public use and service areas.

A. In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the utilities or municipal departments concerned.

B. Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. The minimum width of such easement shall be 100 feet, 50 feet each side of the center line of said watercourse.

C. In placing utilities in any street, the following shall be observed: placement of the sewer in the center, water to the right and gas to the left of the entrance from the main thoroughfare.

§ 62-60 Sanitary sewers.

A. Sanitary sewer system.

(1) All installations shall be properly connected with an approved and functioning sanitary sewer system prior to the issuance of a certificate of occupancy.

(2) Dry line system. A dry line system for the collection of sanitary sewage shall be provided in all major subdivisions which are in the adopted wastewater management area of the Utilities Plan of the Master Plan and are permitted only where there may be a temporary sewer moratorium. The subdivider shall convey to the Evesham Municipal Utilities Authority (EMUA) either title to or easements across the lands shown on the final plat as dedicated to EMUA for these purposes which are deemed by the approving authority to be necessary for the operation and maintenance of either the dry line system or the complete collection, treatment and disposal system. The written instruments effectuating such conveyance or conveyances shall be delivered to the Executive Director of EMUA at the time of final approval and will be accepted by EMUA at such time as the improvements to be constructed thereon are accepted.

(3) If a public system is not in place or cannot be extended, the developer may provide individual subsurface or community disposal systems subject to applicable Board of Health and New Jersey Department of Environmental Protection and Energy regulations.

B. System design and placement.

(1) The design, construction, installation, modification, and operation of any treatment works shall be in accordance with the applicable New Jersey Department of Environmental Protection and Energy regulations implementing the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.), as implemented by EMUA.

(2) No extension of the sewerage facilities originating only within Evesham Township may be constructed unless the Evesham Township Council has given its written consent to such extension.

§ 62-61 Solid waste.

A. All developments shall provide for adequate solid waste disposal, including provisions for recycled materials.

B. In the case of developments with common receptacles for solid waste storage, there shall be screening with fencing and landscaping.

§ 62-62 Swimming pools and hot tubs.

[Amended 4-4-2017 by Ord. No. 4-4-2017; 8-18-2022 by Ord. No. 18-9-2022]

A. No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone (when included with other impervious surfaces). Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in Chapter 160, Zoning, for each particular zoning district, except that in no case shall a swimming pool be closer than 15 feet to any lot line (except pool equipment, including but not limited to pump, filter, and heater, shall be no closer than five feet to any lot line).

B. Pool barrier. Private residential swimming pool areas must have a suitable barrier. Pool barriers must be maintained to code standards adopted by the State of New Jersey while the pool is installed.

(1) In-ground pool: a fence at least four feet, but no more than six feet, in height, and must be equipped with a self-latching gate.

(2) Aboveground pool: a fence at least four feet, but no more than six feet, in height, and must be equipped with a self-latching gate or code-compliant locking ladder or barrier.

C. All swimming pools, spas and hot tubs shall meet the appropriate design standards as per code standards adopted by the State of New Jersey.

D. Pool effluent which is the result of draining, cleaning, filtering, flushing or other pool maintenance operation shall not be permitted to flow overland across adjacent property lines.

E. Spas and hot tubs that are 100 square feet in area or less shall be located in side or rear yard areas only.

(1) For single-family residential lots, spas and hot tubs shall be set back a minimum of five feet from the side and rear property lines.

(2) For residential townhouse lots with zero-foot side yard setbacks, spas and hot tubs may be set back a minimum of three feet from the side yard and five feet from the rear property lines.

(3) Hot tubs and spas shall be surrounded by a pool barrier fence in accordance with § 62-62B or equipped with a self-closing, self-latching safety cover as adopted by the State of New Jersey.

(4) Hot tub and spa effluent that is the result of draining, cleaning, filtering, flushing or other maintenance operation shall not be permitted to flow overland across adjacent property lines.

(5) Hot tubs and spas larger than 100 square feet shall meet the requirements for swimming pools.

§ 62-63 Topsoil protection.

No soil or topsoil shall be removed from the site unless a permit from the Township is issued. No permit shall be issued unless a soil erosion and sediment control plan has been approved by the Soil Conservation District for the site plan and the disposal area. A construction haul route shall also be submitted to the Township for approval prior to commencement of excavation. Topsoil stockpiled during construction shall be redistributed to provide at least six inches of cover to all areas of the subdivision or site plan and shall be stabilized by seeding or sodding. Copies of the soil erosion and sediment control plan shall be submitted with the preliminary subdivision or site plan together with calculations of quantities of soil or topsoil to be removed.

§ 62-64 Underdrains.

A. Prior to issuance of a construction permit, where new basements are proposed, the builder shall conduct soil borings to a depth of 24 inches below the proposed foundation footing to determine elevation of the seasonal high groundwater, and a geotechnical report shall be provided by a licensed NJ professional engineer for review by the Municipal Engineer. Where basements or crawl spaces are proposed and groundwater is encountered or anticipated, underdrains shall be provided to carry water from below the basement or crawl space floor to the nearest storm drain, street underdrain or other proper place of disposal as determined by the Construction Department per the National Plumbing Code and National Standard Plumbing Code, New Jersey Edition, as applicable. The Construction Official's determination may include recommendations from the Municipal Engineer and/or Department of Public Works. Drainage improvements within the right-of-way require approval from the Department of Public Works and/or Municipal Engineer. Where sump pumps are permitted on individual lots, they shall discharge into a pipe which shall run from the structure to the nearest approved place of disposal. The requirement of basement or crawl space underdrains shall be determined by the Construction Department before, during or after excavation for a basement or crawl space. This section applies to both new construction and existing development as applicable; see § 62-54 for additional standards and requirements.

[Amended 6-22-2022 by Ord. No. 14-6-2022]

B. No underdrains below a basement or crawl space floor shall be less than four inches in diameter. No underdrain in a street shall be less than six inches in diameter. The size shall be increased not less than 10% in cross-sectional areas for each 1,000 feet of longitudinal drain.

C. Cleanouts shall be provided at all changes in line or grade; however, the distance between cleanouts shall not exceed 400 feet. In no case shall cleanouts be permitted in sanitary manholes. One cleanout, with a screw-type cap, shall also be provided in each basement floor in line with the pipe connecting the perimeter house underdrain to the underdrain in the street.

D. Underdrains in the street shall be separated from the sanitary sewer by a horizontal and vertical distance of at least one foot zero inches.

§ 62-65 Underground wiring.

All electric, telephone, television and other communication service facilities, both main and service lines, shall be provided by underground cables and installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

§ 62-66 Water supply.

A. Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.

B. Subdivisions shall be connected to an existing public water supply system if public service is available within the following distances: 200 feet for one-unit, 400 feet for two-unit, 600 feet for three-unit, 800 feet for four-unit, and 1,000 feet for five-unit developments. For developments of greater than 15 units which are within one mile from an existing public water system, adequate justification should be provided as to why they should not provide a connection to the existing public water supply system. For developments of greater than 15 units which are more than one mile from an existing system, the water supply strategy shall be determined on a case-by-case basis taking into consideration the density of the developments, economic considerations, and groundwater availability and quality.

C. If a public water supply system will be provided to the area within a six-year period as indicated in the municipal water master plan, official map, or other official document, a municipality may require installation of a capped system or "dry lines" (mains, only) within the road right-of-way; or alternatively, a municipality may require a payment in lieu of the improvement.

D. Where no public water is accessible, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum 50 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954[1]), as amended, and in accordance with the guidelines and resolutions adopted by the Township Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the Township Board of Health that he or she complied with all applicable state and local regulations.

[1] Editor's Note: See N.J.S.A. 58:11-23 et seq.

E. Capacity.

(1) The water supply system shall be adequate to handle the necessary flow based on complete development.

(2) The demand rates for all uses shall be considered in computing the total system demand. Where fire protection is provided, the system should be capable of providing the required fire demand plus the required domestic demand.

(3) Average daily residential consumption shall be computed in accordance with the housing unit type and size data available at the EMUA.

(4) Nonresidential flows shall be computed in accordance with the data available at the EMUA.

(5) Fire protection shall be furnished for any development connected to the municipal water supply system.

(6) Minimum fire flows shall be based on recommendations by the American Insurance Association and the National Board of Fire Underwriters.

(7) The water supply system shall be designed to carry peak-hour flows and shall be capable of delivering the peak hourly demands.

F. Fire hydrants.

(1) Hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed 120,000 square feet. In addition, hydrants shall be spaced so that each residence shall be within 1,000 feet of a hydrant, each commercial, office or retail use is within 800 feet of a hydrant and each industrial or warehouse use is within 500 feet of a hydrant.

(2) A hydrant shall be located at all low points and at all high points with adequate means of drainage provided.

(3) Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrant tees at the ends of all dead lines which may be extended in the future.

(4) Size, type and installation of hydrants shall conform to the applicable specifications and shall require the approval of the Fire Marshal and Fire Subcode Official.

(5) Final fire hydrant location shall be subject to the approval of the Fire Subcode Official and the local Fire Marshal. The final location of fire hydrants shall be marked by installing cast-iron blue reflectors in the final asphalt course in the center of the street. The installation shall be subject to the approval of the Engineer.

§ 62-67 Acceptance of property.

A. Applicability. This section shall apply to all real property dedicated, expressly or impliedly and for any purpose, to the Township of Evesham after the effective date of this chapter.

B. Requirements for acceptance. The Planning Board or Zoning Board of Adjustment, as applicable, shall require applicants seeking site plan or preliminary and/or final subdivision approval to meet the following conditions of approval:

(1) Submit five copies of a complete survey of the property (except for streets) to be dedicated, which survey shall be performed and certified by a licensed surveyor.

(2) Submit a topographic survey showing contour intervals of two feet at a scale no larger than one inch equaling 100 feet.

(3) Submit five copies of complete (as-built) plans of any improvements, except for streets, on the dedicated property.

(4) Submit a deed of conveyance, approved as to form, content and description by the Township Attorney. The said deed shall contain provision for the signature of the Mayor and attestation by the Township Clerk. Where streets are offered for acceptance, a legal description by metes and bounds describing the center line shall be included.

(5) Obtain title insurance naming the Township of Evesham as the insured party in an amount equal to the fair market value of the dedicated property; this requirement shall not pertain to streets. In the case of drainage easements not shown on or generated after the final plan is filed in the County Clerk's office and property having a fair market value of $1,000 or less, a title search indicating marketable title shall be sufficient, provided that said search is certified by a title insurance company authorized to do business in the State of New Jersey.

C. Waiver. The Planning Board or the Zoning Board of Adjustment, as applicable, may waive the requirements of this section, provided the standard for a waiver has been met by the applicant in accordance with the Municipal Land Use Law.

§ 62-68 Irrigation.

All applications for development proposing nonresidential development shall include plans for water irrigation of all landscaping, buffering and lawn area. The approved irrigation plan shall be constructed, installed and maintained by the developer and/or any subsequent owner.

§ 62-69 As-built requirements.

[Added 9-20-2005 by Ord. No. 17-9-2005]

The submission of as-built drawings is required for all developments where storm drainage improvements are proposed. The as-built plans are to be included as a line item in the performance bond estimate, and the performance guaranty shall not be released until the as-built drawings have been reviewed and approved.