Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Ch. 118A, Redevelopment Plans, for provisions related to redevelopment plans that create overlay zones for certain areas which may supersede existing zoning provisions in the districts in which the areas are located.

§ 160-53 Designation of districts.

A. 
For the purpose of this chapter, the area of Evesham Township shall be divided into zones or districts which shall have the following designations:
[Amended 12-19-2006 by Ord. No. 33-11-2006; 2-6-2007 by Ord. No. 2-2-2007; 12-15-2009 by Ord. No. 15-12-2009; 7-13-2010 by Ord. No. 16-7-2010; 5-17-2011 by Ord. No. 15-6-2011; 12-17-2013 by Ord. No. 31-12-2013]
AH-1, AH-1A, AH-2 and AH-3
Affordable Housing District
C-1
Commercial-1 District
EVCO
Evesham Crossroads Overlay
C-2
Commercial-2 District
C-3
Commercial-3 District (Historic District Overlay)
EP
Environmental Protection District
FA
Forest Agricultural District
FW
Forest Woodland District
MCO
Municipal Center Overlay
INS
Institutional District
IP
Industrial Park District
LD
Low Density District
MD
Medium Density Residential District
MD-1
Medium Density-1 District
MDR
Moderate Density Residential Overlay
MF
Multifamily District
OP
Office Professional District
RD-1
Rural Development-1 District
RD-2
Rural Development-2 District
RD-3
Rural Development-3 District
RG-1
Regional Growth 1 District
RG-2
Regional Growth 2 District
SEN-1
Senior Citizen Housing-1 District
SEN-2
Senior Citizen Housing-2 District
SEN-3
Senior Citizen Continuing Care District
SEN-4
Senior Citizen Housing-4 District
B. 
Within each zoning district, the uses permitted, whether as principal, conditional or accessory uses, shall only be those uses listed for the particular district.

§ 160-54 Zoning Map. [1]

A. 
Interpretation of boundaries. Zoning district boundary lines are intended to follow street center lines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the center line of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Board of Adjustment. The zoning standards, controls and designations apply to every structure, lot and use within each district, and the district lines extend vertically in both directions from ground level.
B. 
Division of a lot in single ownership. Where a zoning district boundary line divides a lot other than by following a stream or street, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zoning district line, however, shall be altered only once by utilizing this section of this chapter, after which the lot use shall be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment.
C. 
The boundaries of all districts are hereby established by reference to a certain Zoning Map prepared by Bach Associates, PC and dated July 13, 2010,[2] which map is hereby incorporated and adopted as part of this chapter and which map shall be known as the "Zoning Map of Evesham Township," as amended.
[Amended 9-15-2009 by Ord. No. 12-9-2009; 12-15-2009 by Ord. No. 15-12-2009; 7-13-2010 by Ord. No. 16-7-2010]
[2]
Editor's Note: As provided 5-17-2011 by Ord. No. 15-6-2011, the Zoning Map was amended to add the Moderate Density Residential Overlay (MDR) for lots listed in the ordinance’s Attachment A and to change the zoning of certain lots to INS Zoning District, as shown on the Evesham Township Zoning Map prepared by Bach Associates, PC, and dated April 21, 2011. A complete copy of the ordinance, attachment and updated map are on file in the Township offices.
D. 
All words, abbreviations, figures, symbols and other data appearing on said Zoning Map at the time of the adoption of this chapter, and the amendments and supplements thereto as adopted, constitute a part of said Map. Figures indicating the number of feet appearing thereon between a road, street or avenue and the boundary line of a district mean that the boundary line of the district at such location runs parallel with the center line of the road, street or avenue at the distance therefrom indicated by the number of feet marked. District boundary lines in roads, streets, avenues or rights-of-way extend along the center lines thereof.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.

§ 160-55 Forest Agriculture (FA), Pinelands Area.

A. 
Purpose. To preserve the character and environmental quality of areas which are relatively undeveloped and have a substantial degree of woodlands, agricultural and horticultural lands, wetlands and/or aquifer recharge capacity.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles, except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e) 
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(3) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(4) 
Cemeteries, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the FA or FW Zones.
(b) 
The applicant has demonstrated that adequate public service infrastructure will be available to service the use.
(c) 
The use is primarily designed to serve the needs of the FA Zone.
(5) 
Forestry.
(6) 
Public service infrastructure intended to primarily service the needs of the Pinelands Area. Sewer treatment and collection facilities shall be permitted to service the FA Zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Home occupation.
(2) 
Houses of worship, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the FA or FW Zones.
(b) 
The applicant has demonstrated that adequate public service infrastructure will be available to service the use.
(c) 
The use is primarily designed to serve the needs of the FA Zone.
(3) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations, in accordance with § 160-41.
E. 
FA performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 2, FA Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be 50 feet from all property lines, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the Forest Agricultural District shall be less than that needed to meet the water quality standards of § 160-50B(3), whether or not the lot may be served by a centralized sewer treatment or collection system.

§ 160-56 Forest Woodland (FW), Pinelands Area.

A. 
Purpose. To preserve the character and environmental quality which currently exist in relatively undeveloped areas with a substantial degree of woodlands and/or aquifer recharge capacity.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles, except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e) 
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(3) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(4) 
Cemeteries, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the FA or FW Zones.
(b) 
The applicant has demonstrated that adequate public service infrastructure will be available to service the use.
(c) 
The use is primarily designed to serve the needs of the FW Zone.
(5) 
Forestry.
(6) 
Public service infrastructure intended to primarily service the needs of the Pinelands Area. Sewer treatment and collection facilities shall be permitted to service the FW Zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Houses of worship, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the FA or FW Zones.
(b) 
The applicant has demonstrated that adequate public service infrastructure will be available to service the use.
(c) 
The use is primarily designed to serve the needs of the FW Zone.
(2) 
Home occupations.
(3) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Home occupations in accordance with § 160-41.
E. 
FW performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 3, FW Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be 50 feet from all property lines, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the Forest Woodland District shall be less than that needed to meet the water quality standards of § 160-50B(3), whether or not the lot may be served by a centralized sewer treatment or collection system.

§ 160-57 Rural Development-1 (RD-1), Pinelands Area.

A. 
Purpose. To preserve the existing character and environmental quality while recognizing the existing higher density development of Kings Grant and Barton Run.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(3) 
Cemeteries.
(4) 
Camps.
(5) 
Golf courses.
(6) 
Forestry.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161):
(1) 
Houses of worship.
(2) 
Home occupations in accordance with § 160-41.
(3) 
Sewer treatment and collection facilities only in accordance with N.J.A.C. 7:50-6.84(a)2.
(4) 
Public, private or parochial educational institutions.
(5) 
Single-family detached dwellings served by a centralized wastewater collection facility.
(6) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
RD-1 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 4, RD-1 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.

§ 160-58 Rural Development-2 (RD-2), Pinelands Area.

A. 
Purpose. To preserve the existing character and environmental quality while allowing some population growth.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(3) 
Cemeteries.
(4) 
Camps.
(5) 
Golf courses.
(6) 
Forestry.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161):
(1) 
Houses of worship.
(2) 
Home occupations in accordance with § 160-41.
(3) 
Sewer treatment and collection facilities in accordance with N.J.A.C. 7:50-6-84(a)2.
(4) 
Public, private or parochial educational institutions.
(5) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
RD-2 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 5, RD-2 Performance Regulations, located at the end of this chapter, shall apply:
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Cluster development is required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(4) 
Noncluster development density.
(a) 
Density: 0.25 unit per acre.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(5), Cluster development density, was repealed 7-25-2012 by Ord. No. 20-7-2012.
(6) 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the Rural Development-2 District shall be less than that needed to meet the water quality standards of § 160-50B(3), whether or not the lot may be served by a centralized sewer treatment or collection system.

§ 160-59 Rural Development-3 (RD-3), Pinelands Area.

A. 
Purpose. To preserve the existing character and environmental quality while allowing some population growth which recognizes the high development suitability of this area.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(3) 
Cemeteries.
(4) 
Camps.
(5) 
Golf courses.
(6) 
Forestry.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161):
(1) 
Houses of worship.
(2) 
Home occupations.
(3) 
Sewer treatment and collection facilities in accordance with N.J.A.C. 7:50-6-84(a)2.
(4) 
Public, private or parochial educational institutions.
(5) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
RD-3 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 6, RD-3 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use in the Rural Development-3 District shall be less than that needed to meet the water quality standards of § 160-50B(3), whether or not the lot may be served by a centralized sewer treatment or collection system.

§ 160-60 Regional Growth 1 (RG-1), Pinelands Area.

A. 
Purpose. To provide a transitional area between the environmentally sensitive lands of the Pinelands and the more intensive development of non-Pinelands portions of the Township.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family detached dwellings.
(3) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Institutional uses, conditional upon the availability of adequate public sewer and water.
(2) 
Houses of worship.
(3) 
Fraternal organizations.
(4) 
Home occupations.
D. 
Accessory uses:
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupation in accordance with § 160-41 in accordance with the standards in the LD District.
E. 
RG-1 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 7, RG-1 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Without public sewers:
(a) 
Base density: 0.31 units per acre.
(4) 
With public sewers:
(a) 
Base density: 2.5 units per acre.
(b) 
The allowable density may be increased to 3.0 units per acre through the use of Pinelands development credits.
(5) 
No residential dwelling unit or nonresidential use in the RG-1 District shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.
(6) 
Notwithstanding the requirements of Subsection E(5) above, an application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

§ 160-61 Regional Growth-2 (RG-2), Pinelands Area.

A. 
Purpose. To provide a transitional area between the Pinelands' low-density development and the more intensive development of non-Pinelands portions of the Township.
B. 
Principal permitted uses.
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family detached dwellings.
(3) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Institutional uses, conditional upon the availability of adequate public sewer and water:
(a) 
Public, private or parochial educational institutions.
(2) 
Houses of worship.
(3) 
Fraternal organizations.
(4) 
Home occupations.
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupation in accordance with § 160-41.
E. 
RG-2 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 8, RG-2 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Without public sewers:
(a) 
Base density: 0.31 unit per acre.
(4) 
With public sewers:
(a) 
Base density: 0.5 unit per acre.
(b) 
The allowable density may be increased to 2.0 units per acre, through the use of Pinelands development credits.
(5) 
Minimum setback along Tuckerton Road: 75 feet.
(6) 
No residential dwelling unit or nonresidential use in the RG-2 District shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.
(7) 
Notwithstanding the requirements of Subsection E(6) above, an application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

§ 160-61.1 Municipal Center Overlay (MCO) District.

[Added 12-15-2009 by Ord. No. 15-12-2009]
A. 
Purpose. The purpose of the Municipal Center Overlay District is to provide a framework for the continued development of mutually supportive facilities to serve the Evesham Township community in the vicinity of the existing municipal complex. The properties within the Municipal Center Overlay should be developed with consideration for the overlay zone as a whole, in order to promote the evolution of the area as an interconnected and complimentary activity node. The Municipal Center Overlay is intended to enhance opportunities for complimentary recreational and community facilities, semipublic, and neighborhood commercial and service uses – in order to increase efficiency, maximize value, and enhance the quality of experience for the Township's residents, employees and visitors. The Municipal Center Overlay District retains the underlying base zoning, but provides opportunities for alternative uses in specific areas when specific standards are met and the design guidelines are adhered to.
B. 
Base zoning. Unless otherwise specified, the base zoning district standards apply to all properties within the Municipal Center Overlay. Properties within the Municipal Center Overlay are within the RG-2, INS and OP Zoning Districts.
C. 
Overall design within the Municipal Center Overlay.
(1) 
Sidewalks are required along all streets, along building frontages and along access driveways. Sidewalks must also be designed to provide logical connection points with adjacent properties and site plans must demonstrate how the site fits into the overall Municipal Center context.
(2) 
Crosswalks at intersections and at points where pedestrian traffic is expected must be constructed with textured pavement.
(3) 
Driveways must be designed to interconnect with, or provide the potential to connect with adjacent properties in order to promote connectivity, limit the number of curb cuts along county roads, encourage people to combine vehicle trips, provide a safe and efficient internal circulation plan, and relieve congestion on the roadways.
(4) 
Decorative, pedestrian scaled light standards a maximum of 15 feet in height should be utilized within parking areas and along access drives consistent with the Township's preferred design.
(5) 
Bicycle racks must be incorporated into site plans in a safe and convenient location.
(6) 
Outdoor seating areas and pavilions should be incorporated into site design in order to encourage informal interaction and to invite people to stay at the municipal center between activities.
(7) 
Coordinated way-finding signage is recommended to direct visitors to their destination.
(8) 
Measures to enhance sustainability should be considered in planning each site; such as using water and energy efficiently, using sustainable materials, installing solar panels to generate power, reducing waste, minimizing impacts on the natural environment, and ensuring a healthy indoor environment.
(9) 
Signs within the Municipal Center Overlay shall conform to the requirements of § 160-75, in addition to the following (the requirements below supersede when there is a conflict.):
(a) 
All permitted freestanding signs shall be monument or hanging signs, no more than six feet in height.
(b) 
Freestanding signs may not exceed 24 square feet in area.
(c) 
All illuminated signs shall be externally illuminated with a shielded light source; internally illuminated sign boxes and neon lighting are not permitted.
(d) 
Facade signs shall be in accordance with the permitted signs in the underlying zone.
(e) 
Freestanding and ground signs shall have a landscaped area around the base. The landscaped area shall be a minimum of 1.5 times the area of the sign. For example, a twenty-four-square-foot sign must have a minimum thirty-six-square-foot landscaped area at the base consisting of evergreen shrubs, ground cover and seasonal flowers.
D. 
Neighborhood commercial use. Within the OP Office Professional and RG-2 Regional Growth Base Zones within the Municipal Center Overlay District, the principal permitted uses within the C-2 Commercial Zoning District (§ 160-69B) are permitted when the requirements below are also met.
(1) 
Permitted uses are in accordance with § 160-69B.
(2) 
The performance regulations set forth in § 160-69D must be met, with the exception of § 160-69D(1), the table of performance regulations. For C-2 uses in the Municipal Center Overlay, the table of performance regulations is in accordance with § 160-61.1D(5) below.
(3) 
Accessory uses are in accordance with § 160-69E.
(4) 
The property must have a minimum of 200 feet of frontage on a county road in order to apply the permitted neighborhood commercial (C-2) uses. Properties with less than 200 feet of frontage on a county road must comply with the permitted uses in the base zone.
(5) 
Performance regulations. The area, yard and bulk regulations are similar to those set forth in Table 15 for C-2 Zone in the Pinelands Area,[1] with modifications to respond to the particular context of the Municipal Center Overlay as follows:
Municipal Center Overlay Neighborhood Commercial Requirements
Maximum floor area ratio
0.25
Minimum lot area
2 acres
Minimum lot width at setback
200 feet
Front yard setback
50 feet
Side yard setback (each side)
25 feet
Rear yard setback
25 feet
Maximum impervious coverage
65%
Maximum clearing limit
80%
Maximum building height
35 feet
Parking and driveway setbacks
Not permitted in front yard; side and rear in accordance with screening buffer requirements in § 160-17
[1]
Editor's Note: Table 15 is included at the end of this chapter.
(6) 
Prohibited uses.
(a) 
Automobile service stations.
(b) 
Gasoline filling stations.
(c) 
Car sales.
(7) 
Conditional uses.
(a) 
Fast food and drive-through restaurants.
[1] 
If constructed as a stand-alone store within a commercial development, the structure must be designed to be compatible with the overall architectural theme.
[2] 
No more than one drive-through restaurant is permitted in each commercial development.
[3] 
Fast food and drive-through restaurants may not be open between the hours of 11:00 p.m. and 6:00 a.m. unless they are more than 1,000 feet from the nearest residential zone.
[4] 
The restaurant must be connected to the overall development with pedestrian walkways and decorative crosswalks.
[5] 
The drive-through must be situated at the rear of the building and must be screened from view with a decorative wall and landscaping.
[6] 
Traffic-calming measures must be employed to ensure that internal vehicle circulation does not interfere with the safe and comfortable movement of pedestrians.
(8) 
Design requirements.
(a) 
Consolidation of adjacent lots is encouraged in order to provide for a coordinated planned development with common access drives, shared parking, a unified design theme, pedestrian walkways and amenities and coordinated stormwater management.
(b) 
Sidewalks are required along all streets, along building frontages and along access driveways. Sidewalks must also be designed to provide logical connection points with adjacent properties.
(c) 
Crosswalks at intersections and at points where pedestrian traffic is expected must be constructed with textured pavement.
(d) 
Driveways must be designed to interconnect with, or provide the potential to connect with adjacent properties in order to promote connectivity, limit the number of curb cuts along county roads, provide a safe and efficient internal circulation plan, and relieve congestion on the roadways.
(e) 
Decorative, pedestrian scaled light standards a maximum of 15 feet in height should be utilized within parking areas and along access drives consistent with the Township's preferred design.
(f) 
Bicycle racks must be incorporated into the site plan in a location to be approved by the Planning Board.
(g) 
Outdoor storage of materials is not permitted unless an outdoor storage area is specifically designated on an approved site plan, is not located within a front yard area, and is made invisible with appropriate fencing, screening and landscaping.
(h) 
Architecture and site plans should be designed with a cohesive design scheme that considers the subject site in relation to its surroundings.
[1] 
Building details and ornamentation such as indentations, variations in rooflines, cornices, offsets and overhangs are encouraged.
[2] 
All sides of a building visible to the public must be designed with the same treatment as the front facade.
[3] 
Awnings over doors and windows are encouraged. Colors may vary, but the design and angles should be consistent throughout the development.
[4] 
Variations in rooflines (parapets) shall be used to screen HVAC equipment, to provide interest and reduce the scale of large buildings.
[5] 
Outdoor seating for restaurants or community buildings should be delineated with decorative fencing, walls, bollards or landscaping.
[6] 
Two-story buildings (such as retail and office combinations) are encouraged.
(9) 
Exceptions. In order to facilitate site design consistent with the requirements above, the parking setbacks and buffers between uses may be reduced or eliminated between adjacent properties in order to provide sidewalk connections, driveway connections and/or shared parking between those properties. The exceptions shall not require a variance when they are necessary to implement the design requirements above.
E. 
Live-work units. Within the RG-2 Regional Growth Base Zone within the Municipal Center Overlay District, live-work units are permitted in accordance with the following conditions, as well as the other requirements set forth in the Zoning Code and the design requirements set forth for the Municipal Center Overlay District. Home occupations are conditionally permitted in the RG-2 Zone in accordance with § 161-1C(2). In recognition of the small neighborhood size and the close proximity to the municipal center and other institutional and office uses, the "live-work" unit provides additional flexibility to promote the vitality of the Municipal Center area.
(1) 
A "live-work unit" is defined as a building used jointly for commercial and residential purposes, where the residential and the nonresidential uses are equally important, and the two are integrated within the same building. The nonresidential uses permitted are:
(a) 
Business and professional offices.
(b) 
Artists studios.
(c) 
Seamstress/tailor.
(2) 
A site plan review and approval is required prior to utilizing a structure in accordance with the live-work provisions.
(3) 
The floor area devoted to the nonresidential activity may not exceed 50% of the total floor area of the building.
(4) 
The performance regulations (area, yard and bulk) for the live-work units are similar to those set forth in Table 8 for RG-2 Zone with sewer in the Pinelands Area,[2] with modifications to respond to the particular context of the Municipal Center Overlay.
Municipal Center Overlay Live-Work Requirements
Minimum lot area
20,000 square feet
Maximum floor area ratio
0.25
Minimum lot width at setback
150 feet
Front yard setback
40 feet
Side yard setback (each side)
20 feet
Rear yard setback
30 feet
Maximum impervious coverage
65%
Maximum clearing limit
70%
Maximum building height
35 feet
Parking and driveway setbacks
Not permitted in front yard; side and rear in accordance with screening buffer requirements in § 160-17
[2]
Editor's Note: Table 8 is included at the end of this chapter.
(5) 
All nonresidential activities must take place indoors, and outdoor storage is not permitted.
(6) 
Sufficient parking to serve both uses must be provided and may not be in the front yard. Deliveries are not permitted by vehicles larger than a box truck (except for when moving in or out).
(7) 
The buffer and screening requirements set forth in §§ 160-17 and 62-56 must be met, but the required buffer between a live-work unit and a property containing a single-family detached residence is 30 feet.

§ 160-62 Environmental Protection (EP).

A. 
Purpose. To provide for low-density development near areas known or believed to be contaminated or to have been contaminated by environmentally hazardous substances as designed in any applicable federal or state regulations or law.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Conservation areas.
(3) 
Single-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 160-19D whenever two or more units are proposed as part of a residential development.
[Amended 7-25-2012 by Ord. No. 20-7-2012]
(4) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Home occupations.
(2) 
Single-family detached dwellings which are not clustered in accordance with § 160-19D.
[Added 7-25-2012 by Ord. No. 20-7-2012]
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and agricultural commercial establishments for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations, in accordance with § 160-41.
E. 
EP performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 9, EP Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
The areas of the Township zoned EP represent areas that are presently believed or understood to be contaminated. It is recognized that the EP designation may not be based on complete information, but rather on the best information presently available to the Township. In the event that a property owner within the EP District produces adequate, reliable evidence that a portion or all of such owner's property within the EP District is not contaminated to any extent, than such land proven to be noncontaminated may assume the zoning designation and requirements of the RD-1 District upon approval by the Board and Mayor and Council.

§ 160-63 Low Density (LD) Residential.

A. 
Purpose. To provide a Low-Density Residential Zoning District that affords opportunities for residential development in harmony with the natural environment, as part of the spectrum of housing opportunities in the Township, and to serve as a transition area between lower-density areas/protected areas and more densely developed areas of the Township. Where public water and sewer service are available, clustered subdivisions are encouraged in order to promote an efficient development pattern, to reduce disturbance, and to preserve the environmental characteristics of the area.
[Amended 5-17-2011 by Ord. No. 15-6-2011]
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Conservation areas and parks.
(3) 
Single-family detached dwellings using conventional subdivision design.
[Amended 5-17-2011 by Ord. No. 15-6-2011]
(4) 
Single-family detached dwellings using clustering/conservation subdivision design in accordance with the requirements of this section and § 160-19.
[Added 5-17-2011 by Ord. No. 15-6-2011[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(4) through (6) as B(5) through (7).
(5) 
Cemeteries.
(6) 
Commercial recreation.
(7) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Houses of worship.
(2) 
Home occupations.
(3) 
Public, private and parochial schools.
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and stands for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
LD performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 10, LD Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Minimum buffer from Evesboro-Medford Road shall be 200 feet.

§ 160-63.1 Moderate Density Residential (MDR) Overlay.

[Added 5-17-2011 by Ord. No. 15-6-2011]
A. 
Purpose. The MDR overlay is intended to provide flexibility for residential development, facilitate the production of affordable housing, and promote creative subdivision design on tracts a minimum of 10 acres in size that is generally consistent with the surrounding development patterns, while requiring clustering/conservation design in order to respond to the natural features of land and to provide common open space in areas where public water and sewer service are available. The base zoning may be applied, or as an alternative a land owner/developer may utilize the MDR overlay option.
B. 
Principal permitted uses.
(1) 
Single-family dwellings using clustering/conservation design in accordance with the requirements of this section and § 160-19.
(2) 
Townhouse dwellings using clustering/conservation design in accordance with the requirements of this section and § 160-19.
(3) 
Condominium or apartment flats (separated by the ceiling and floor) each with a separate entrance from the outside, for the affordable units required by Subsection E(4) only, and using clustering/conservation design in accordance with the requirements of this section and § 160-19.
[Added 3-17-2015 by Ord. No. 3-3-2015]
C. 
Conditional uses (subject to the requirements of Chapter 161).
(1) 
Same as those permitted for the LD Zoning District in § 160-63C.
D. 
Accessory uses.
(1) 
Same as those permitted for the LD Zoning District in § 160-63D.
E. 
MDR overall performance regulations.
(1) 
The area and dimensional regulations set forth in Table 21 MDR Performance Regulations located at the end of this chapter shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory structure shall be permitted in the front yard setback area.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except, for sheds less than 150 square feet in area, the side and rear yard setbacks may be a minimum of five feet.
(3) 
The minimum buffer from North Elmwood Road, Sharp Road and Church Road is 100 feet. Notwithstanding such requirement, not more than 5% of the total units may be located within the buffer at a distance of at least 40 feet from North Elmwood Road, Sharp Road, or Church Road.
(4) 
Affordable housing requirement.
[Amended 3-17-2015 by Ord. No. 3-3-2015]
(a) 
Development consisting solely of single-family detached homes shall not require the on-site production of affordable housing with a mandatory set-aside but shall require the payment of affordable housing development fees as required by Township Code § 161-3.
(b) 
Development consisting solely of attached/townhouse units. Ten percent of all attached/townhouse units constructed pursuant to the MDR Overlay standards shall be set-aside and reserved for low- and moderate-income households. In recognition of the challenges associated with creating an inclusionary development that primarily consists of market rate townhouses, the permitted density is increased by 5% to enable on-site incorporation of the affordable housing requirement. The affordable housing obligation shall be based on the proposed number of housing units permitted before applying the increase in density. Example: The base permitted density for townhouses is 2.3 units/acre. For a thirty-acre site, a maximum of 69 units are permitted. The ten-percent affordable housing set-aside is 6.9 (7) units. In support of the on-site provision of the affordable units, the total density may be increased to 2.42 units per acre (a five-percent increase). When a fraction of an affordable unit of 0.5 or less is required, the obligation shall be rounded down. When a fraction of an affordable unit of 0.6 or more is required, the obligation shall be rounded up. All affordable units constructed on site shall strictly conform with COAH's rules and the requirements of the Township's Fair Share Plan ordinances, including, but not limited to, phasing, bedroom mix, 50-50 split, affirmative marketing, controls on affordability, etc.
(c) 
In developments containing a mix of both single-family detached housing which does not require the on-site production of affordable housing and attached multifamily housing (townhouses, condominiums or apartment flats) which requires on-site affordable housing production, the area of the multifamily component shall be used in calculating density and the affordable housing set-aside pursuant to § 160-63.1E(4) of the Code. Development fees as required by § 161-3 of the Code shall be paid for the homes constructed in the single-family detached component of the project.
(d) 
The on-site production of affordable housing is required in projects proposing multifamily housing, and the Township shall not accept a payment in lieu thereof.
F. 
Townhouse performance requirements.
(1) 
The front facades of townhouses must be staggered a minimum of two feet so that no more than two units in a row are on the same linear plane.
(2) 
Each townhouse unit must have a garage with sufficient space for a vehicle and for storage of trash and recycling containers and other incidental personal items such as bicycles.
(3) 
Variations in rooflines, heights, projections, and exterior building materials shall be incorporated to distinguish the residential units.
(4) 
Rear yard decks may encroach into the required rear yard by a maximum of 10 feet. For example, if the required rear yard is 25 feet, then an attached deck may be set back a minimum of 15 feet.
(5) 
Rear yard fencing must be consistent in style and color among all residential units in a townhouse development.
(6) 
Where the side of a residential unit faces a street, such as an end unit on a curve or a corner, the side elevation must have architectural details similar to the front elevation to respond to the street and add character to the development. Such facade treatments may include bay windows, a wrap-around porch, chimneys, building materials such as brick or stone.
(7) 
For townhouses, in addition to RSIS parking requirements for the residential units, additional guest parking is required to accommodate a minimum of 0.33 vehicle per residential unit. The shared parking may be on street or in a common parking lot area.
G. 
Condominium or apartment flat performance requirements.
[Added 3-17-2015 by Ord. No. 3-3-2015]
(1) 
The affordable units shall be designed to be integrated with and blend into the overall development. The units must follow the guidelines in § 160-63.1F above to the extent practicable.
(2) 
The affordable units are not required to have a garage. Parking in accordance with RSIS requirements shall be provided in a common parking lot area.
(3) 
A fenced or masonry enclosure area shall be provided for storage of trash and recycling containers for the affordable units. The owners or tenants of the units will be required to bring trash and recycling containers curbside on collection day in the same manner as the remainder of the development.

§ 160-64 Medium Density (MD).

A. 
Purpose. To allow infill residential development to occur at a density which is in keeping with the carrying capacity of Evesham Township and to recognize existing land uses.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Agriculture, including silviculture and horticulture.
(2) 
Single-family dwellings.
(3) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Public, private or parochial educational institutions.
(2) 
Fraternal organizations.
(3) 
Houses of worship.
(4) 
Senior citizen housing/life care facilities/assisted living.
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and stands for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
MD performance requirements.
(1) 
The area and dimensional requirements as set forth in Table 11, MD Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.
(3) 
Minimum buffer from Evesboro Medford Road shall be 200 feet.

§ 160-64.1 Medium Density-1 (MD-1).

[Added 12-17-2013 by Ord. No. 31-12-2013]
A. 
Purpose: to provide a transitional density for residential development between the zones for senior housing and the industrial zoning.
B. 
Principal permitted uses.
(1) 
Single-family detached homes shall be permitted. Public water and sewer is required for all developments.
C. 
Accessory uses.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Stormwater management systems.
(4) 
Porches, decks and gazebos.
(5) 
Sheds.
(6) 
Signs as permitted in § 160-75.
D. 
Performance standards and regulations. The following regulations shall apply:
Minimum lot area
10,000 square feet
Lot width at setback line
80 feet
Front yard setback
25 feet
Rear yard setback
25 feet
Side yard setback
10 feet
Maximum height
35 feet
Maximum impervious coverage
0.45 per lot
Open space requirement
20% minimum; wetlands and wetlands buffer may be included in this requirement

§ 160-65 Multifamily (MF).

A. 
Purpose. To provide land having good access and a close proximity to retail and service establishments for accommodating the Township's population growth.
B. 
Permitted uses. Only the following shall be permitted:
(1) 
Apartment or multiple-dwelling housing.
(2) 
Single-family residential.
(3) 
Duplex or two-family residential.
(4) 
Single-family semidetached residential.
(5) 
Townhouses.
(6) 
Group homes.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Houses of worship.
(2) 
Senior citizen housing/life care facilities/assisted living.
D. 
Accessory uses.
(1) 
Private residential swimming pools.
(2) 
Sheds.
(3) 
Tennis courts and similar recreational facilities incidental to the primary uses on detached single-family residential lots only.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and stands for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
(8) 
Temporary construction and sales trailers.
(9) 
Home occupations in accordance with § 160-41.
E. 
MF performance standards.
(1) 
The area and dimensional regulations as set forth in Table 12, MF Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds less than 150 square feet in area on single-family and single-family semidetached lots, which may located no closer than five feet from a property line.
F. 
Minimum off-street parking. Each individual use shall provide off-street parking spaces according to the standards set forth in this chapter. No parking area or driveway shall be located within 25 feet of any tract property line for apartments and/or townhouse developments or within five feet of any side or rear property line for other permitted uses.
G. 
Permitted signs.
(1) 
Apartments and/or townhouses: one freestanding sign at the entrance not exceeding 20 square feet in area.
H. 
Provisions applicable to both townhouses, single-family semidetached, duplex/two-family and apartments. No townhouse, single-family semidetached, duplex/two-family or apartment dwelling unit shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter:
(1) 
The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same development.
(2) 
Minimum setback for all structures shall be 10 feet from any common parking area. Minimum setback for all structures from any arterial, secondary arterial, major thoroughfare or collector road, as defined elsewhere in this chapter, shall be 50 feet. The front yard setback for units with integrally designed garages shall be a minimum of 25 feet, including a four-foot sidewalk and a three-foot planting/streetlighting placement strip area.
(3) 
No parking space assigned to a unit can be more than 200 feet from the entrance to that unit. All off-street parking lots shall be visually screened from the units with a five-foot-high, visually impervious landscape barrier.
(4) 
Off-street parking spaces shall meet the standards of the New Jersey Residential Site Improvement Standards. For townhouses and single-family semidetached, which have an attached or an integrally designed garage, the front yard setback shall be sufficient to park one car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle and the sidewalk. The visual image from the access street of the front yard of the units shall not be akin to that of an off-street parking lot. A driveway for a duplex/two-family or single-family semidetached lot shall not be wider than 20 feet. If a second driveway is planned, neither may be greater than 18 feet in width, and they must be separated by at least 15 feet of lawn or landscaped area.
(5) 
Units shall be attached in a manner that will provide maximum safety and privacy for adjoining units.
(6) 
Where an outdoor living space is included for each or for any particular unit, it shall be provided with adequate visual screening from all other neighboring units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both styles and materials with the dwelling units.
(7) 
All public utilities shall be installed in accordance with the Township development regulations and the regulations of the utility providing the service; all developments shall be tied into approved and adequate public sanitary sewerage systems, water systems and water drainage systems.
(a) 
All water systems shall be looped, and shall be of a size and type as approved by the Evesham Municipal Utilities Authority as the supplier of water.
(b) 
All sewerage systems shall be approved by the Evesham Municipal Utilities Authority.
(8) 
Streets, roads, sidewalks and bikeways shall comply with the configuration and proposed alignments and design standards set forth in the New Jersey Residential Site Improvement Standards, the Master Plan and this chapter.
(9) 
Refuse and relocation and refuse collection areas shall be provided and shall be located for the occupant's convenience. All refuse and refuse collection areas shall be screened either with an enclosed masonry structure of at least six feet in height on three sides or with evergreens on at least three sides of the refuse and pickup area, planted and maintained at a height of at least six feet, with a maximum growth of at least eight feet in height.
(10) 
Lighting plan shall comply with Chapter 62, Subdivision and Site Plan Design Standards.
(11) 
Pedestrian sidewalks shall be provided in accordance with the New Jersey Residential Site Improvement Standards and in all locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be determined by the Planning Board based on the requirements of the Master Plan.
(12) 
Bike racks shall be provided where there are 24 or more units.
(13) 
The types of energy to be used to heat, cook, supply power and generally service the development shall be considered. The applicant shall identify measures to reduce energy demands by considering alternatives, such as active and passive solar systems and construction standards.
(14) 
Sufficient area and equipment shall be made available within each building for the laundering and drying of the laundry of the occupants of each building.
(15) 
Dwelling units, other than single-family semidetached and duplex/two-family units, shall have access to a master television antenna system and cable television system, and individual townhouse units may not erect individual external radio, television or satellite dish antennas.
(16) 
Review and approval of documents.
(a) 
All master deeds, covenants, restrictions, easements, homeowners' association documents, including bylaws, and any similar documents as well as any amendments to any of the documents shall be subject to review and approval of the Planning Board before they are filed, recorded or take effect.
(b) 
No documents shall be approved that, in the determination of the Planning Board, conflict with the sound development and maintenance of the subject property or the Township, are contrary to public policy or the general welfare of the Township or are not written in easy-to-understand English.
(17) 
Access to an off-street parking area from a roadway shall be provided by means of a connection, not less than 25 feet long, between the off-street parking area and the adjacent street.
I. 
Provisions applicable to townhouses.
(1) 
Not more than eight dwelling units in any single townhouse structure shall be constructed in a manner as to form one linear plane.
(2) 
A minimum of 300 cubic feet of internal storage area, with a minimum height of six feet, shall be provided for each townhouse unit not including closets.
(3) 
The minimum rear yard setback shall be 20 feet for the main structure or a deck, except where the rear yard abuts a permanent open space area, wherein the setback may be reduced to 10 feet.
(4) 
Townhouse units attached on a single linear plane shall not exceed a length of 180 feet.
(5) 
The front facades of at least 40% of the number of units in a structure shall be set back not less than 10 feet behind the facades of the remaining units in such structure.
(6) 
The rooflines of at least 30% of the units which are attached in a structure shall be staggered in height by not less than 5% of the height of the rooflines of the remaining units in such structure. The roofline shall be broken by using a combination of two- and three-story townhouses and two-story flats. Chimneys, skylights, dormers, etc., are recommended to vary the visual plan and provide additional light access to upper-story units.
(7) 
Where an outdoor living space is included for each or any particular unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit.
(8) 
Each townhouse or ground floor unit shall have a private rear yard of 200 square feet minimum, which shall be enclosed by means of a four-foot-high wooden fence, hedge or a combination of both. Second floor apartments shall have a balcony or outdoor space with a minimum area of 60 square feet.
J. 
Provisions applicable to apartments.
(1) 
Attached apartment units on a single linear plane shall not exceed a length of 120 feet.
(2) 
All apartment structures shall be site-planned to allow for fire access.
(3) 
All apartment or ground floor units shall have an exterior living space, such as a semiprivate patio.
(4) 
A minimum of 150 cubic feet of internal storage area, with a minimum height of six feet, of storage shall be provided for each apartment unit not including closets.
K. 
Provisions applicable to single-family semidetached and duplex/two-family units.
(1) 
Single-family semidetached and duplex/two-family units may only be utilized for tracts larger than 25 acres.
(2) 
No more than 25% of the units proposed may be build as single-family semidetached and duplex/two-family units.
(3) 
Lot development standards shall be as indicated in the performance standards.

§ 160-66 Affordable Housing (AH-1, AH-1A and AH-2).

A. 
Purpose. The provision of affordable housing zoning to allow for a mix of market and low- and moderate-income housing opportunities as well as housing choices for aging citizens in need of various levels of assistance and care.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
B. 
Principal permitted uses on the land and in buildings.
(1) 
Detached single-family dwelling units in the AH-1 and AH-2 Districts.
(2) 
Agriculture, including silviculture and horticulture, in the AH-1, AH-1A and AH-2 Districts.
(3) 
Apartments in the AH-1 and AH-2 Districts.
(4) 
Townhouses in the AH-1 and AH-2 Districts.
(5) 
Assisted living residences in the AH-1A District: A minimum of 20% of total units/beds must be assisted living in the AH-1A District if a certificate of need is available.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
(6) 
Nursing units/homes in the AH-1A District: A minimum of 20% of total units/beds must be nursing units in the AH-1A District if a certificate of need is available.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
(7) 
Congregate care/independent age-restricted units in the AH-1A District: A minimum of 60% of total units/beds may be congregate/independent living units.
[Added 6-19-2007 by Ord. No. 10-6-2007[1]]
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection B(7) through (9) as Subsection B(8) through (10), respectively.
(8) 
Single-family semidetached.
(9) 
Duplex/two-family.
(10) 
Group homes.
C. 
Accessory uses.
(1) 
Common recreational facilities for the benefit of all residents in a development.
(2) 
Private recreational facilities.
(3) 
Sheds not to exceed 10 feet in height and 144 square feet in area.
(4) 
Off-street parking for motor vehicles and private garages.
(5) 
Fences and walls up to four feet in height in front yards and six feet in height in rear yards except that tennis courts may have fencing up to 15 feet in height, and as provided below for facilities providing care for patients with Alzheimer's and related diseases.
(6) 
Signs subject to this chapter.
(7) 
Farm buildings and uses, including storage buildings, barns, stables and stands for the purpose of display and sale of farm products raised on the premises, of which not less than 60% shall be grown on premises.
D. 
AH-1, AH-1A and AH-2 performance requirements.
(1) 
The area and dimensional regulations as set forth in Table 13, AH-1, AH-1A and AH-2 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
Decks and accessory buildings. Uncovered decks and accessory buildings may be placed as close as 10 feet to the rear and side property lines. All covered decks shall be considered part of the principal structure.
(3) 
Setbacks from roads and buffers widths:
Minimum Setbacks and Road Buffers for Buildings
(all buffers shall be landscaped for at least 30 feet in width)
Type of Street
Minimum Setback
(feet)
Collector and secondary arterial road
50
Major arterial roads (Routes 70 and 73)
75
E. 
Minimum off-street parking.
(1) 
Each individual use shall provide off-street parking spaces according to the standards set forth in this chapter, or as may be superseded by N.J.A.C. 5:21, New Jersey Residential Site Improvement Standards. For assisted living residences and nursing homes, one space shall be provided for every four beds plus one space per employee on the largest shift.
(2) 
No parking area or driveway shall be located within 25 feet of any tract property line for apartments and/or townhouse developments or within five feet of any side or rear property line for other permitted uses.
F. 
Permitted signs.
(1) 
Apartments, assisted living residences and/or townhouses: one freestanding sign not exceeding 20 square feet in area.
G. 
Low- and moderate-income housing requirements.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
(1) 
A minimum of 20% and a maximum of 21% of the for-sale units or a minimum of 15% and a maximum of 16% of the rental units located in the AH-1 and AH-2 Zoning Districts shall be subsidized or otherwise made affordable to low- and moderate-income households as defined in § 160-5, or as may be superseded by the published regulations of the New Jersey Council on Affordable Housing. COAH regulations shall govern the interpretation of affordability.
(2) 
In the AH-1A Zoning District, a total of 32 affordable housing units shall be required, which is 21% of the total units/beds on the site regardless of the market rate unit type. If the operator chooses to make some of the assisted living units affordable, the affordable set-aside shall be in terms of bedrooms. The units/bedrooms shall be made affordable in accordance with COAH’s rules to ensure that the Township will receive credits for the units. It is acknowledged that nursing units will not be eligible for affordable housing credit, as the beds are not intended for permanent occupancy.
(3) 
All densities in the AH-1, AH-1A and AH-2 Districts shall be calculated on the basis of gross density.
(4) 
The developer of every site in the AH-1, AH-1A, and AH-2 Districts shall be responsible for the provision of a number of dwelling units which are affordable to low- and moderate-income households that is equal to the obligation assigned to the site in the Evesham Township Housing Element and Fair Share Plan unless the applicant can demonstrate to the Planning Board that it is unable to comply with this requirement because documented environmental constraints would require the development of the site at an excessive density.
(5) 
Any bonus units which may result from the creation of rental housing shall accrue to the benefit of Evesham Township and shall not be used to reduce the applicant’s affordable housing obligation.
(6) 
All applicants shall comply with applicable COAH regulations including, but not limited to, inclusionary development, pricing, controls on affordability, affirmative marketing and monitoring.
H. 
Provisions applicable to congregate/independent living residences, assisted living residences, townhouses, single-family semidetached, duplex/two-family and apartments.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
(1) 
No assisted living residence, congregate/independent living residence, townhouse, single-family detached, duplex/two-family or apartment dwelling unit shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter or unless superseded by N.J.A.C. 5:21, the New Jersey Residential Site Improvement Standards.
(2) 
The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same development.
(3) 
Minimum setback for all structures shall be 10 feet from any common parking area. Minimum setback for all structures from any arterial, secondary arterial major thoroughfare or collector road, as defined elsewhere in this chapter, shall be 50 feet. The front yard setback for units with integrally designed garages shall be a minimum of 30 feet, including a four-foot sidewalk and a three-foot planting/streetlighting placement strip area.
(4) 
No parking space assigned to a unit can be more than 200 feet from the entrance to that unit. All off-street parking lots shall be visually screened with a five-foot-high, visually impervious landscape barrier.
(5) 
Off-street parking spaces shall meet the standards of the New Jersey Residential Site Improvement Standards. For townhouses and single-family semidetached and duplex/two-family units, which have an attached or an integrally designed garage, the front yard setback shall be sufficient to park one car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle. The visual image from the access street of the front yard of the units shall not be akin to that of an off-street parking lot.
(6) 
Units shall be attached in a manner that will provide maximum safety and privacy for adjoining units.
(7) 
Where an outdoor living space is included for each or for any particular unit, it shall be provided with adequate visual screening from all other neighboring units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both styles and materials with the dwelling units.
(8) 
All public utilities shall be installed in accordance with the New Jersey Residential Site Improvement Standards; all developments shall be tied into approved and adequate public sanitary sewerage systems, water systems and water drainage systems.
(a) 
All water systems shall be looped.
(b) 
All sewerage systems shall be approved by the Evesham Municipal Utilities Authority.
(9) 
Streets, roads, sidewalks and bikeways shall comply with New Jersey Residential Site Improvement Standards and the configuration and proposed alignments and design standards set forth in the Master Plan and this chapter.
(10) 
Refuse and recycling and refuse collection areas shall be provided and shall be provided and shall be located for the occupant's convenience. All refuse and refuse collection areas shall be screened either with an enclosed masonry structure of at least six feet in height on three sides or with evergreens on at least three sides of the refuse and pickup area, planted and maintained at a height of at least six feet, with a maximum growth of at least eight feet in height.
(11) 
Lighting plan shall comply with Chapter 62, Subdivision and Site Plan Design Standards.
(12) 
Pedestrian sidewalks shall be provided in accordance with the New Jersey Residential Site Improvement Standards. In addition , sidewalks shall be provided in all locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be determined by the Planning Board based on the requirements of the Master Plan.
(13) 
Access to an off-street parking area from a roadway shall be provided by means of a connection, not less than 25 feet long, between the off-street parking area and the adjacent street.
(14) 
Except in the case of assisted living residences, bike racks shall be provided where there are 24 or more units.
(15) 
The types of energy to be used to heat, cook, supply power and generally service the development shall be considered. The applicant shall identify measures to reduce energy demands by considering alternatives, such as active and passive solar systems and construction standards.
(16) 
Sufficient area and equipment shall be made available within each apartment building for the laundering and drying of the laundry of the occupants of each building.
(17) 
Dwelling units, other than single-family semidetached and duplex/two-family, shall have access to a master television antenna system and cable television system, and individual townhouse units may not erect individual external radio, television or satellite dish antennas.
(18) 
Review and approval of documents.
(a) 
All master deeds, covenants, restrictions, easements, homeowners' association documents, including bylaws, and any similar documents as well as any amendments to any of the documents shall be subject to review and approval of the Planning Board and its experts before they are filed, recorded or take effect.
(b) 
No documents shall be approved that, in the determination of the Planning Board, conflict with the sound development and maintenance of the subject property or the Township, are contrary to public policy or the general welfare of the Township or are not written in easily understandable English.
I. 
Provisions applicable to townhouses.
(1) 
Not more than eight dwelling units in any single townhouse structure shall be constructed in a manner as to form one linear plane.
(2) 
A minimum of 300 cubic feet of internal storage area, with a minimum height of six feet, of storage shall be provided for each townhouse unit not including closets.
J. 
Provisions applicable to apartments.
(1) 
Attached apartment units on a single linear plane shall not exceed a length of 120 feet.
(2) 
All apartment structures shall be site-planned to allow for fire access.
(3) 
All apartment or ground floor units shall have a patio or similar outdoor space.
(4) 
A minimum of 150 cubic feet of internal storage area, with a minimum height of six feet of storage, shall be provided for each apartment unit, not including closets.
K. 
Provisions applicable to congregate/independent living residences and assisted living residences.
[Amended 6-19-2007 by Ord. No. 10-6-2007]
(1) 
Buildings shall not contain any single linear planes which exceed a length of 120 feet. Building offsets of at least three feet are required along with variations in building materials. The building should be designed to reflect a residential character. Architectural accents, covered walkways and overhangs should be provided above the first floor near entryways in order to create a human scale.
(2) 
Considerations of fire and emergency shall be incorporated into the design of the facility.
(3) 
Each facility shall be provided with an outdoor recreation or sitting area with benches, shade and landscaping. If any portion of the facility is designed for the care of patients with Alzheimer’s and related diseases, the outdoor recreation and sitting area shall be secure and fully enclosed by a wall or opaque fence a minimum of seven feet in height.
(4) 
Facilities designed for the care of patients with Alzheimer’s and related diseases shall be designed with secure access to prevent residents from exiting the property without supervision.
(5) 
In the AH-1A District, the fifty-foot buffer along the property frontage should be consistent with that of the property to the north with berms, trees and landscaping.
(6) 
Residential complexes consisting of assisted living and congregate/independent living units shall provide a community room for social gatherings and a room for health and exercise.
(7) 
Where an assisted living residence or congregate/independent living residence in the AH-1A Zone abuts a publicly owned recreation facility, the perimeter buffer otherwise required by § 160-17 and Table 1 is not required. Perimeter landscaping should be provided to the extent possible.
[Added 6-23-2009 by Ord. No. 10-6-2009]
(8) 
Where an existing access easement providing a public benefit inhibits the ability to provide a perimeter buffer required by § 160-17, the buffer may be reduced to recognize the existing condition. Landscaping should be provided within the buffer area to the greatest extent possible.
[Added 6-23-2009 by Ord. No. 10-6-2009]
L. 
Provisions applicable to single-family semidetached and duplex/two-family units.
(1) 
Single-family semidetached and duplex /two-family units may only be utilized on tracts larger than 25 acres.
(2) 
No more than 25% of the units proposed may be built as single-family semidetached or duplex/two-family units.
(3) 
Lot development standards shall be as indicated in the performance standards.

§ 160-66.1 Affordable Housing (AH-3).

[Added 2-6-2007 by Ord. No. 2-2-2007]
A. 
Purpose. The purpose of this section is to facilitate the construction of municipally sponsored and/or one-hundred-percent affordable apartment projects.
B. 
Principal permitted uses. The following uses are permitted in the AH-3 District:
(1) 
One-hundred-percent affordable non-age-restricted rental apartment units.
C. 
Accessory uses.
(1) 
The accessory uses set forth in § 160-66C shall be applicable to the AH-3 District.
(2) 
Apartment leasing and management offices.
(3) 
Social service facilities for the benefit of residents.
(4) 
Maintenance buildings.
D. 
Performance standards and requirements. The following site standards shall apply to all affordable apartments in the AH-3 District:
(1) 
The area and dimensional regulations as set forth in Table 20, AH-3 Performance Regulations, located in the end of this chapter shall apply.
(2) 
A combination of unit types to address COAH's bedroom mix requirements shall be permitted.
(3) 
Attached apartment units on a single linear plane shall not exceed a length of 120 feet.
[Amended 3-6-2007 by Ord. No. 7-3-2007]
(4) 
A minimum of 150 cubic feet of internal storage with a minimum height of six feet shall be provided for each unit, not including closets.
[Amended 3-6-2007 by Ord. No. 7-3-2007]
(5) 
Where the proposed development abuts a less intense residential development, or property zoned for less intense residential development, a minimum buffer of 50 feet shall be provided.
(6) 
Building elevations shall be designed to reflect the style of single-family homes in the surrounding neighborhoods.
E. 
Minimum off-street parking. Minimum off-street parking shall be in accordance with § 160-66E, which may be subject to reduction in accordance with RSIS [N.J.A.C. 5:21-4.14(c)] to reflect and accommodate on-site conditions and the number of one-, two-, and three-bedroom units required under COAH's rules.
F. 
Permitted signs. Permitted signs shall be in accordance with § 160.66F.
G. 
Provisions applicable to apartments. All provisions applicable to apartments in the AH-1 and AH-2 Districts under § 160-66H, not inconsistent with the above standards, shall likewise be applicable to apartments in the AH-3 District.
[Amended 3-6-2007 by Ord. No. 7-3-2007]
H. 
Density and number of units. The specific density and number of affordable apartments in the AH-3 District shall be as specified in the agreement(s) between the Township and its affordable housing sponsor(s).

§ 160-67 Institutional District (INS).

A. 
Purpose. To provide for a wide variety of public and quasi-public facilities which are convenient to the general public and that serve public needs, as well as to provide for recreation areas to serve the community, open space areas, both wooded and open, for conservation, preservation and park purposes, and to provide areas of scenic beauty, safe and protected habitat areas for a variety of plant and animal species.
[Amended 5-17-2011 by Ord. No. 15-6-2011]
B. 
Principal permitted uses.
(1) 
Public or private recreation centers and facilities, e.g., swim clubs and golf courses.
(2) 
Libraries.
(3) 
Post offices.
(4) 
Offices of government agencies.
(5) 
Active and passive outdoor recreation facilities.
[Added 9-15-2009 by Ord. No. 12-9-2009]
(6) 
Community centers and community facilities owned or operated by a government agency or civic organization.
[Added 9-15-2009 by Ord. No. 12-9-2009]
(7) 
Public utilities and public service infrastructure as set forth in § 160-44, provided that centralized sewer treatment and collection facilities shall not be permitted in those portions of the INS Zoning District located within the Pinelands Rural Development Area except in accordance with N.J.A.C. 7:50-6.84(a)(2).
[Added 5-17-2011 by Ord. No. 15-6-2011; amended 8-16-2011 by Ord. No. 25-8-2001]
C. 
Accessory uses.
(1) 
Storage sheds if 10 feet from property line.
(2) 
Parking if 25 feet from property line.
(3) 
Temporary construction trailers.
(4) 
A single-family dwelling that existed on the property at the time it was acquired by a public entity may remain and continue to be occupied by a household acting as a caretaker or lessee of the house.
[Added 9-15-2009 by Ord. No. 12-9-2009]
D. 
Conditional uses (subject to Chapter 161).
(1) 
Houses of worship.
(2) 
Public, private or parochial educational institutions.
E. 
INS performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 14, INS Performance Regulations, located at the end of this chapter, shall apply.

§ 160-68 Commercial-1 (C-1).

A. 
Purpose. To provide a commercial district which replaces a number of more narrowly defined districts located along the two major state highways through the Township, Routes 70 and 73. This district will have a wider array of allowable uses in order to provide more development flexibility in response to changing market conditions. To protect the public interest, performance standards related to the scale of development will be utilized. The standards will provide incentives to consolidate smaller parcels into larger development tracts. The complimentary and coordinated development of adjacent properties or the combining of lots into larger tracts shall be encouraged through the allowance of increased development intensity. The coordinated development will provide for common access and drives, shared parking, a unified architectural and building scheme, pedestrian malls connecting buildings, and coordinated storm drainage and open space areas to be part of an approved commercial development.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Planned commercial developments.
(2) 
Shopping centers.
(3) 
Department stores.
(4) 
Medical centers.
(5) 
Offices, all types.
(6) 
Offices of government agencies.
(7) 
Retail stores.
(8) 
Restaurants and taverns, not including fast-food or drive-through.
(9) 
Garden centers.
(10) 
Banks (including drive-through).
(11) 
Day-care facilities.
(12) 
General personal and business services.
[Added 2-25-2003 by Ord. No. 3-2-2003]
C. 
Conditional uses (subject to Chapter 161):
(1) 
Service stations.
(2) 
Houses of worship.
(3) 
New automobile sales and services facilities.
(4) 
Fast food without drive-through.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(5) 
Car washes.
(6) 
Arcades.
(7) 
Hotel/conference centers.
(8) 
Warehousing.
(9) 
Theaters and places of amusement.
(10) 
Fast food with drive-through.
[Added 8-10-2010 by Ord. No. 18-8-2010]
(11) 
Helistops.
[Added 4-12-2011 by Ord. No. 7-4-2011]
D. 
Accessory uses.
(1) 
Off-street parking as required by this chapter.
(2) 
Off-street loading as required by this chapter.
(3) 
Signs, as regulated by this chapter.
(4) 
Storage, inside a building.
(5) 
Temporary construction and sales trailers.
E. 
C-1 performance regulations. The following area and dimensional regulations shall apply:
(1) 
It is the intention of this chapter to accommodate planned commercial developments with multiple buildings and/or lots, a circumstance often needed to provide financial flexibility for developers and users. In these cases, the standards which follow shall apply to the overall tract or assemblage of lots, and not for each individual lot in the development. The total area of the lots in planned commercial development shall determine which standards are to be utilized.
(2) 
Minimum lot size. Two acres, except for lots which are part of a planned commercial development, in which case lots may be as small as one acre in area.
(3) 
Street frontage and yard requirements for individual or combined lots proposed for development shall vary by lot area, based upon the following table:
Lot Size
2 to 4.99 Acres
5 to 9.99 Acres
10+ Acres
Frontage (feet)
200
400
600
Width (feet)
200
400
600
Depth (feet)
200
600
800
Side yard, each (feet):
  From a residential use
50
75
100
  From a nonresidential use
30
50
75
Front yard (feet)
100
100
100
Rear yard (feet):
  From a residential use
50
75
100
  From a nonresidential use
50
50
50
Maximum building cover
15%
20%
25%
Maximum impervious cover
55%
60%
65%
Clearing limit
75%
80%
85%
(4) 
Maximum building height: 40 feet; provided, however, that in a planned commercial development or shopping center with a gross floor area of 250,000 square feet or more, buildings or freestanding structures may have a height of 55 feet, subject to the following provisions:
(a) 
The structure or building with the increased height shall be designed as an architectural feature intended to provide additional design interest or focus to the development. Placement at the end of view corridors is encouraged.
(b) 
The area of increased height may be a decorative freestanding structure not intended for human occupancy, such as a clock tower, or it may be one or more buildings within the development.
(c) 
If the area of increased height is a building or a portion of a building, the gross floor area of all buildings containing such areas of increased height shall not constitute more than 20% of total gross floor area of the development.
(d) 
All buildings containing areas of increased height shall have a setback from the nearest property line equal to at least three times the maximum building height.
(5) 
Minimum building setback from another freestanding building within a development: 20 feet.
(6) 
The required minimum gross leasable floor area for the first building or first phase of any development shall vary, based upon the following table:
Lot Size
(acres)
Required Minimum Gross Leasable Area
(square feet)
2 to 4.99
10,000
5 to 9.99
20,000
10 and larger
40,000
(7) 
The base floor area ratio allowed in the zone is 0.15. A floor area ratio that exceeds 0.15, but in no event exceeds 0.22, may be developed, so long as the developer contributes the sum of $1 for each square foot of floor area to the Township Capital Fund for the benefit of low- and moderate-income housing or for traffic improvements.
(8) 
Direct access to a major arterial street is required for planned commercial developments, shopping centers, department stores, theaters, automobile sales and service and hotel/conference centers.
(9) 
Accessory buildings may not be located in the front yard nor closer than 50 feet from a residential use or zone unless the building is less than 400 square feet, in which case it may be as close as 25 feet from a residential use or zone.
F. 
Design standards. The design of buildings and adjacent landscaping shall be governed by the following criteria:
(1) 
Architectural style of the development shall be designed to avoid the massive scale and uniform impersonal appearances of a "big box" commercial center through facade ornamentation, building offsets, window treatments, variation in rooflines, entry treatments and upgraded building materials.
(a) 
Building facades greater than 100 feet in length, including separate buildings that are attached, shall have recesses or projections of at least four feet extending over at least 20% of the length of the facade. There shall be no uninterrupted length of facade which exceeds 100 feet.
(b) 
Smaller retail stores with individual entrances can help to break up a long facade. Retail stores or restaurants of less than 25,000 square feet shall have glass facades between the height of three and eight feet for no less than 60% of the horizontal length of the building facade.
(c) 
Each building facade, including separate buildings which are attached, exceeding 100 feet in length shall have clearly defined, highly visible customer entrances that include at least three of the following: canopies or porticos; overhangs; recesses/projections; arcades; raised cornice parapets over the door; peaked roof forms; arches; outdoor patios; display windows; architectural details such as tile work and moldings which are integrated into the building structure and design; integral planters or wing walls than incorporate landscaped areas and/or places for sitting. Weather protection features such as awnings or arcades are required to extend over and provide cover within 30 feet of all customer entrances.
(d) 
Variations in rooflines shall be used to screen HVAC equipment and to provide interest and reduce the scale of large buildings. Roofs should have at least two of the following features: parapets to conceal flat roofs and equipment; overhanging eaves of at least three feet; sloping roofs with an average slope of between 3:1 and 1:1 that do not exceed the average height of the supporting walls; three or more roof slope planes. As per the definition of height of building or structure, rooftop equipment or the materials used to screen such equipment shall be included in determining the total height for the building.
(e) 
Exterior building materials and colors contribute significantly to the visual impact of a building. The exterior building skin shall be composed of one dominant facing material and not more than two additional materials. The dominant material shall comprise 60% or greater of each building elevation.
[1] 
Dominant exterior materials may include:
[a] 
Wood.
[b] 
Brick.
[c] 
Stone.
[d] 
Concrete masonry unit (CMU). CMU allowed only as split face block or block molded with a textured surface.
[e] 
Glass, warm and cool tones.
[f] 
Stucco and synthetic stucco.
[2] 
Dominant exterior building materials may not include:
[a] 
Aluminum siding.
[b] 
Vinyl siding.
[c] 
Smooth-faced CMU.
[d] 
Tilt-up concrete panels.
[e] 
Glass, highly reflective/mirrored.
(f) 
Dominant facade colors must be low reflectance, subtle, neutral, or earth-toned. The use of high-intensity colors, metallic colors and black is prohibited. Building trim and accents may feature brighter colors. Neon tube lighting may not be used for building trim or accent.
(2) 
Buffering, screening and landscaping, including tree protection and installation, as required by § 160-17 of this chapter and § 62-56.
(3) 
No parking is permitted within the first 50 feet from the right-of-way within the front yard setback area. The front yard setback area must be landscaped in accordance with §§ 160-17 and 62-56.
[Amended 7-13-2010 by Ord. No. 16-7-2010]
G. 
Outdoor storage. The use of outdoor areas for any type of storage is permitted as a conditional use and only in accordance with the standards in Chapter 161, Zoning Modifications and Additional Requirements. The use of semitrailers, metal storage or shipping containers or temporary storage buildings for temporary storage or during a loading or unloading procedure, is permitted only in designated loading areas for no more than seven days, unless an application for approval of a zoning permit is approved. An approved permit shall be valid for no more than 30 days.

§ 160-68.1 Evesham Crossroads Overlay (EVCO) District.

[Added 7-13-2010 by Ord. No. 16-7-2010]
A. 
Purpose. The purpose of the Evesham Crossroads Overlay district is to provide a framework for the development and redevelopment of primarily commercial properties in the vicinity of the Evesham Crossroads at the intersection of State Highway Routes 70 and 73 consistent with the 2010 Master Plan recommendations and the Evesham 2020 Vision Plan. The NJDOT's replacement of the Marlton Circle with an intersection, overpass, and on and off ramps will alter the form and function of this centrally located and heavily travelled area in Evesham. The Evesham Crossroads Overlay is intended to encourage the transformation of underutilized and outdated commercial properties along the Route 70 and Route 73 corridors, to support development and redevelopment that makes efficient use of land and resources, that promotes development that integrates the needs of pedestrians, bicyclists, and motorists, that creates a viable streetscape and carries a unified design theme, and that responds to the adjacent properties. It is also the intent of the Evesham Crossroads Overlay to establish landmark buildings and civic art at the immediate crossroads of Routes 70 and 73. The photographs and illustrations in the Evesham 2020 Vision Plan should be utilized for reference to convey the Township's design intentions and to guide development within the Evesham Crossroads Overlay district.
B. 
Base zoning. The base zoning district standards shall continue to apply to all existing development within the Evesham Crossroads Overlay. Any property within the EVCO District that is developed, redeveloped or expanded, including additions to existing principal structures, new structures, and site alterations (such as parking lot expansions, or improvements, redesign of parking areas, alterations to site access, and new signs) shall be regulated by the standards set forth for the EVCO.
[Amended 8-10-2010 by Ord. No. 18-8-2010; 8-6-2013 by Ord. No. 23-8-2013]
C. 
Principal permitted uses. The following uses are permitted within the EVCO. A combination of uses is permitted within a single building or within multiple buildings on a site.
(1) 
Planned commercial developments.
(2) 
Professional and business offices.
(3) 
Medical centers and hospitals.
(4) 
Shopping centers.
(5) 
Retail stores, including but not limited to supermarkets and department stores.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(6) 
Restaurants and taverns, not including fast food with drive-through.
(7) 
Banks, including drive-through lanes.
(8) 
Day-care facilities and child development centers.
(9) 
Private educational facilities.
(10) 
General personal and business services, such as salons and spas, dry cleaners, copy and shipping centers, etc.
(11) 
Garden centers.
D. 
Conditionally permitted uses. The following uses are permitted subject to the additional requirements set forth in Chapter 161.
(1) 
Service stations, except on the lots at the four corners of Routes 70 and 73.
(2) 
Houses of worship.
(3) 
New automobile sales and service facilities, except on the lots at the four corners of Routes 70 and 73.
(4) 
Fast-food restaurants.
(5) 
Drive-through restaurants.
(6) 
Hotels and conference centers.
(7) 
Theaters and places of amusement.
E. 
Accessory uses.
(1) 
Off-street parking as required by this chapter and Chapter 62.
[Amended 8-6-2013 by Ord. No. 23-8-2013]
(2) 
Off-street loading as required by this chapter.
(3) 
Signs, as regulated by this chapter.
(4) 
Enclosures for trash and recyclables as required by this chapter.
(5) 
Temporary construction and sales trailers, as permitted at the time of site plan.
(6) 
Storage, inside a building only.
F. 
Dimensional and area regulations; waiver of standards.
[Amended 8-10-2010 by Ord. No. 18-8-2010; 12-30-2014 by Ord. No. 39-12-2014]
(1) 
Dimensional and area regulations. The standards apply to the overall tract or assemblage of lots to be consolidated. Dimensional standards vary based on the tract size. There are many existing lots within the EVCO that are less than one acre is area. The intent of the EVCO is to encourage consolidation and redesign.
Dimensional and Area Regulations for the EVCO
Standard Minimum Lot Size
Required for Lots Ranging From 1.5 to 3 acres
Required for Lots 3 acres or more
Minimum street frontage
150 feet
200 feet
Minimum lot depth
200 feet
300 feet
Minimum side yard, each side
25 feet
30 feet
Minimum front yard
20 feet
25 feet
Minimum front yard parking setback
50 feet
50 feet
Minimum rear yard
50 feet
50 feet
Maximum impervious coverage
60%
70%
Maximum building height
3 stories/40 feet
4 stories/50 feet
Maximum building height at 4 corners of Rte 70/73 intersection
3 stories/45 feet
6 stories/70 feet
Minimum building setback from another building on same site
20 feet
25 feet
Floor area ratio (FAR)
1-story building1
0.15
0.15
2-story building
0.25
0.25
3+ story building
0.35
0.35
4+ story
Not permitted
0.5
With parking structure
Not permitted
0.65
1 For the purposes of this section, a "story", in addition to the definition in § 160-5, is further defined to have functional leasable area, and for stories above the first floor, must cover a minimum of 50% of the first floor area.
(2) 
In the event that a property abuts a designated redevelopment or rehabilitation area and/or is affected by an adopted redevelopment plan, which redevelopment plan enables development that impacts property in the Evesham Crossroads Overlay District such that a property within the Evesham Crossroads Overlay becomes inconsistent with the standards in § 160-68.1F(1) and/or H(1), the standards shall be relaxed by the Planning Board to achieve the purposes of the redevelopment plan in the following fashion:
(a) 
Where the conditions rendered nonconforming are the result of existing structures and/or existing improvements, the relief shall be treated as a design waiver.
(b) 
Where the nonconforming conditions are the result of proposed new development on the affected lot, a variance is still required.
G. 
Overall design within the Evesham Crossroads Overlay. Developers and site designers should refer to the Evesham 2020 Vision Plan for visual representations of the design intentions for the Evesham Crossroads Overlay, and should consult with the Township to coordinate and conceptualize the site's role in the overall Vision Plan. A cohesive design is required for all parcels. All sites shall be planned and designed for the entirety of the tract. Phased implementation may be permitted at the discretion of and with specific approval by the Planning Board.
[Amended 8-6-2013 by Ord. No. 23-8-2013]
(1) 
Multistory buildings are encouraged throughout the Evesham Crossroads Area, as the EVCO is the center of Evesham's urban-rural transect, the most intensely developed area of the Township, and will be repositioned and elevated in importance with the redesigned intersection of Routes 70 and 73.[1]
[1]
Editor’s Note: Former Subsection G(2), concerning the percentage of building frontage that must fall within the front yard setback range, which immediately followed this subsection, and Subsection G(4), concerning placement of shade trees and landscaping, were repealed 12-30-2014 by Ord. No. 39-12-2014, which ordinance also provided for the redesignation of the remaining subsections accordingly.
(2) 
Sidewalks are required along all streets, along building frontages and along access driveways. Sidewalks must also be designed to provide logical connection points with adjacent properties.
(3) 
Pocket parks and plazas should be integrated as part of a continuous pedestrian realm.
(4) 
Crosswalks at points where an access driveway meets the right-of-way and at main intersections and pedestrian crossings within the site must be constructed with textured pavement.
(5) 
Driveways.
(a) 
Driveways must be designed to interconnect with, or provide the potential to connect with, adjacent properties in order to promote connectivity, limit the number of curb cuts along state and county roads, encourage people to combine vehicle trips, provide a safe and efficient internal circulation plan, and relieve congestion on the roadways.
(b) 
Main entrance driveways for sites over three acres in area must be designed with a boulevard-type entrance.
(6) 
Bicycle racks must be incorporated into site plans in a safe and convenient location.
(7) 
Architectural elevations showing all sides of each building must be submitted along with a site plan application.
(8) 
Architectural design features shall be employed to create visual interest at the street level, and to integrate the building with the surrounding area. Each new building or redevelopment has the potential to set a standard for high quality design.
(a) 
Brickwork should be incorporated where practicable as a unifying material across individual buildings, and where possible and practical, the brick should be coordinated with adjacent properties.
(b) 
Second and third floor balconies are encouraged.
(c) 
Each building or use with a door to the outside must have a prominent entryway flanked by large first floor windows, and a walkway leading from the entryway to the public realm.
(d) 
Entryways for commercial buildings shall provide shelter for pedestrians, such as awnings or porticos.
(e) 
Building facades shall be broken up at twenty-five-to-fifty-foot intervals with facade variations or projections and recesses at least two feet in depth.
(f) 
Upper and lower cornice lines must be articulated.
(g) 
All sides of a building visible to the public must be designed with the same treatment as the front facade.
(h) 
Variations in rooflines (parapets) shall be used to completely screen HVAC and roof-mounted equipment, to provide interest and reduce the scale of large buildings.
(i) 
Outdoor seating for restaurants should be delineated with decorative fencing, walls, or bollards, and landscaping.
(j) 
The requirements of § 160-68F(1) also apply.
(9) 
Corner buildings should delineate the intersection with special architectural treatment and landscaping responding to the street frontages and pedestrian vantage points. Similar treatment should be provided where a building sits at a visual terminus, such as at the terminus of a main access drive into a site.
(10) 
Shared and interconnected parking areas are encouraged, but the applicant must demonstrate the location and availability of adequate parking for all uses in accordance with § 160-32.
(11) 
Direct access to a major arterial road is required for planned commercial developments, shopping centers, department stores, theaters, automobile sales/service, hotels/conference centers, and office buildings greater than 10,000 square feet.
(12) 
Measures to enhance sustainability should be considered in planning each site; such as using water and energy efficiently, using sustainable design elements and building materials, installing solar panels to generate power, collecting rainwater for irrigation, reducing waste, generally minimizing impacts to the environment, and ensuring a healthy indoor environment.
(13) 
In addition to the requirements in this chapter, all parking lots shall follow the requirements of §§ 62-56 and 62-57, whether the parking lot is new or is an existing parking lot on a property upon which site improvements or revisions are proposed.
H. 
Specific standards for the Evesham Crossroads Overlay.
[Amended 8-6-2013 by Ord. No. 23-8-2013]
(1) 
Buffering and landscaping. Buffering, screening, and landscaping, including tree protection and installation shall be as required by § 160-17 of this chapter and § 62-56, except as follows.
Under 3 acres with one- or two-story building
(feet)
3 acres + with one- or two-story building
(feet)
Three stories
(feet)
Four stories+
(feet)
Buffer to adjacent Nonresidential property2
15
15
15
20
Buffer to adjacent residential property
30
50
50
75
2 Where adjacent nonresidential properties are interconnected, and designed with complementary site design and architecture, the buffer may be reduced to five feet, and is not required where driveways, sidewalks, and parking areas connect to one another.
(2) 
Enclosures for trash and recyclable materials.
(a) 
Trash enclosures are required for all uses in the EVCO.
(b) 
Trash enclosures must be sufficiently sized to contain dumpsters/containers for trash and recyclable materials.
(c) 
Trash enclosures shall be masonry structures, with an exterior facade to match the principal buildings.
(d) 
Trash enclosure gates shall be decorative fencing materials with a steel frame and self closing.
(e) 
Trash enclosures shall be a minimum of six feet in height.
(f) 
Trash enclosures are not permitted in any required buffer areas, and must be a minimum of 15 feet from property lines.
(3) 
Lighting. Light fixtures should be designed to complement the buildings and architectural theme and to accent attractive site and landscape features.
(a) 
Promenade series lights shall be used within parking lots, along driveways, and along pedestrian pathways (color: black). Only single-head or double-head lights are permitted. A detail of the light is available from the Department of Community Development.
(b) 
Lighting plans shall be in accordance with the requirements of this chapter and § 62-55.
(4) 
Signs. Signs within the EVCO shall conform to the requirements of § 160-75 for the C-1 Zone and for shopping centers/planned commercial developments as appropriate.[2]
[Amended 12-30-2014 by Ord. No. 39-12-2014]
[2]
Editor's Note: Former Subsection H(5), Prohibited uses, which immediately followed, was repealed 9-17-2013 by Ord. No. 25-9-2013.

§ 160-69 Commercial-2 (C-2).

A. 
Purpose. To provide for retail and service establishments which have good access and are located close to significant residential populations. The areas are designed to provide convenience-shopping opportunities for residents in selected locations where intensive retail or office development is inappropriate.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Retail stores and shops.
(2) 
Shopping centers.
(3) 
Banks and financial institutions.
(4) 
Offices, all types.
(5) 
Offices of government agencies.
(6) 
Restaurants not including fast-food or drive-through.
(7) 
Day-care facilities.
(8) 
Neighborhood personal and business services.
[Added 2-25-2003 by Ord. No. 3-2-2003]
C. 
Conditional uses (subject to Chapter 161).
(1) 
Service stations.
(2) 
Fast-food restaurants, without drive-through/window service facilities.
(3) 
Arcades.
D. 
C-2 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 15, C-2 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
Accessory buildings may not be located in the front yard nor closer than 50 feet from a residential use or zone unless the building is less than 400 square feet, in which case it may be as close as 25 feet from a residential use or zone.
(3) 
In this district no building shall have a floor area of more than 20,000 square feet, regardless of whether it is occupied by a single or multiple tenants or business entities.
(4) 
In a shopping center, not more than one building in excess of 8,000 square feet of floor area shall be occupied by a single tenant or business entity.
(5) 
In a building occupied by multiple tenants or business entities the average floor area of each tenant or business entity in that building shall not exceed 8,000 square feet.
(6) 
Where multiple structures are built on a single site, there shall be a minimum separation between buildings of 50 feet in all directions.
(7) 
The architecture of buildings in this district shall be designed to have a residential character, as evidenced by rooflines, building materials, and color schemes. All buildings in shopping centers shall be consistent in design and signage packages.
(8) 
It is intended that shopping centers and other development forms consisting of multiple buildings shall be planned and approved as part of a unified development plan. For that reason, once a site plan application is approved, the Planning Board shall not consider an application for development of adjacent land unless one of the following conditions applies:
(a) 
The new applicant is unrelated in any business sense to the applicant who received the original site plan approval; or
(b) 
The applicant did not become an equitable owner of the adjacent land until at least two years after the granting of final site plan approval.
(9) 
Buffering, screening and landscaping, including tree protection and installation, as required by § 160-17 of this chapter and § 65-56.
(10) 
No parking may be placed in the required front yard setback area.
E. 
Accessory uses.
[Added 2-25-2003 by Ord. No. 3-2-2003]
(1) 
Off-street parking as required by this chapter.
(2) 
Off-street loading as required by this chapter.
(3) 
Signs as permitted by this chapter.
(4) 
Storage, inside a building.
(5) 
Temporary construction trailers.

§ 160-70 Commercial-3 (C-3).

A. 
Purpose. To provide for retail and service establishments in the downtown area of historic Marlton, a core area within the Township. The structures must be appropriate for the compact nature of the area, and large-scale development, e.g., shopping centers, are not permitted. The Historic District Overlay covers this entire district as of the 2000 adoption of this chapter.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Single-family detached.
(2) 
Retail stores and shops, except that retail uses may be no larger than 20,000 square feet.
(3) 
Coin-operated laundries and dry cleaning.
(4) 
Banks and financial institutions.
(5) 
Offices, all types.
(6) 
Offices of governmental agencies.
(7) 
Restaurants, not including fast-food or drive-through.
(8) 
Day-care facilities.
(9) 
Neighborhood personal and business services.
[Added 2-25-2003 by Ord. No. 3-2-2003]
C. 
Conditional uses (subject to Chapter 161).
(1) 
Service stations.
(2) 
Houses of worship.
(3) 
Apartments as an accessory use.
D. 
Accessory uses.
(1) 
Off-street parking as required by this chapter.
(2) 
Off-street loading as required by this chapter.
(3) 
Signs, as regulated by this chapter.
(4) 
Storage, inside a building.
(5) 
Temporary construction and sales trailers.
(6) 
Home occupations in accordance with § 160-41.
E. 
C-3 performance regulations.
(1) 
The area and dimensional regulations as set forth in Table 16, C-3 Performance Regulations, located at the end of this chapter, shall apply.
(2) 
The following dimensional requirements for accessory uses and structures shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building.
(3) 
Buffering, screening and landscaping, including tree protection and installation, as required by § 160-17 of this chapter and § 62-56.
(4) 
No parking may be placed in the required front yard setback.
F. 
Application and architectural review.
(1) 
All applications for development within the C-3 District shall be reviewed in accordance with the standards set forth in § 160-28.

§ 160-71 Office Professional (OP).

A. 
Purpose. To provide land for low-intensity professional office uses while not impacting an area with an inappropriate volume of traffic, particularly truck traffic.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Offices, all types.
(2) 
Offices of governmental agencies.
(3) 
Day-care facilities.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Houses of worship.
D. 
Accessory uses.
(1) 
Storage.
(2) 
Temporary construction and sales trailers.
E. 
OP performance regulations.
(1) 
The following area and dimensional regulations shall apply:
Performance Regulations
Minimum lot area
0.5 acre
Minimum lot frontage
150 feet
Minimum lot width
150 feet
Minimum side yard (each)
15 feet
Minimum front yard
50 feet
Minimum rear yard
25 feet
Minimum lot depth
200 feet
Minimum usable yard area
NA
Maximum impervious surface ratio
0.65
Maximum height
35 feet
Minimum green space ratio
0.35
Maximum clearing limit
0.70
Accessory buildings (prohibited from the front yard)
  Minimum distance to side yard
10 feet
  Minimum distance to rear line
10 feet
  Minimum distance to other building
25 feet
(2) 
The base floor area ratio allowed in the zone is 0.11. A floor area ratio that exceeds 0.11, but in no event exceeds 0.18, may be developed, so long as the developer contributes the sum of $1 for each square foot of floor area to the Township Capital Fund for the benefit of low- and moderate-income housing or for traffic improvements.
(3) 
Buffering, screening and landscaping, including tree protection and installation, as required by § 160-17 of this chapter and § 65-56.
(4) 
No parking may be placed in the required front yard setback area.

§ 160-72 Industrial Park (IP).

A. 
Purpose. To provide for manufacturing, warehousing, research and development, ancillary offices, and commercial recreational facilities at locations which allow sufficient buffering from residential areas and have adequate access to a major or secondary arterial road.
B. 
Principal permitted uses. Only the following shall be permitted:
(1) 
Offices, all types.
(2) 
Public utilities.
(3) 
Warehousing.
(4) 
Research.
(5) 
Light manufacturing.
(6) 
Commercial recreation facilities.
(7) 
Day-care facilities.
(8) 
Offices of government agencies.
C. 
Conditional uses (subject to Chapter 161).
(1) 
Adult bookstores.
(2) 
Arcades.
(3) 
Helistops.
[Added 4-12-2011 by Ord. No. 7-4-2011]
D. 
Accessory uses.
(1) 
Temporary construction and sales trailers.
E. 
IP performance regulations.
(1) 
The following area and dimension regulations shall apply:
Performance Regulations
Minimum lot area
2 acres
Minimum lot frontage
200 feet
Minimum lot width
200 feet
Minimum lot depth
200 feet
Minimum side yard (each)
25 feet
Minimum front yard
50 feet
Minimum rear yard
25 feet
Minimum usable yard area
NA
Maximum impervious surface ratio
0.70
Maximum height
35 feet
Minimum green space ratio
0.30
Maximum clearing limit ratio
0.90
(2) 
The base floor area ratio allowed in the zone is 0.25. A floor area ratio that exceeds 0.25, but in no event exceeds 0.30, may be developed, so long as the developer contributes the sum of $1 for each square foot of floor area to the Township Capital Fund for the benefit of low- and moderate-income housing or for traffic improvements.
(3) 
Direct access to a major or secondary arterial street is required.
(4) 
Buffering, screening and landscaping, including tree protection and installation, as required by § 160-17 of this chapter and § 62-56.

§ 160-73 Senior Citizen Housing-1 (SEN-1).

A. 
Purpose. The SEN-1 areas have been designated in recognition of the need for senior citizen housing within Evesham Township. The SEN-1 areas permit medium-density senior citizen housing. Twenty percent of the total SEN-1 area shall be set aside for low- and moderate-income units.
B. 
Principal uses permitted.
(1) 
Senior citizen housing, including single-family cluster, single-family detached, single-family semidetached, single-family attached, townhouses and apartments. Single-family detached units shall be a minimum of 30% of the total units and not greater than 60% of the total units. Single-family cluster or semidetached shall not exceed 40% of the total units. Townhouse single-family attached units and apartment-type units shall not exceed 25% of the total units.
(2) 
Houses of worship.
(3) 
Group homes.
C. 
Accessory uses permitted.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Signs.
(4) 
Temporary construction and sales trailers.
(5) 
Model homes.
(6) 
Recreational facilities.
(7) 
Public utilities, such as sewer pumping stations, water towers, but not including gas, electric or other facilities.
(8) 
Stormwater management systems.
(9) 
Family day-care homes.
(10) 
Home businesses, in accordance with the standards in the LD District.
D. 
Performance regulations.
(1) 
No SEN-1 development shall contain less than 100 acres.
(2) 
Gross density: 2.5 dwelling units per acre, not to exceed 425 total dwelling units.
(3) 
Parking requirements: 1.5 spaces per two-bedroom unit; 1.0 space per one-bedroom unit.
(4) 
Twenty percent of the SEN-1 development shall be designated for open space, with 20% of the minimum open space (or 4% of the total tract) devoted to active functional and usable recreation. All environmentally sensitive lands such as wetlands and floodplains shall be deed restricted from development and conservation easements applied to the property.
(5) 
SEN-1 SCH development must provide access to mass transportation. Pedestrian walks shall be provided to connect all units to any clubhouse, community building, recreational facilities or to public transportation.
(6) 
No parking lot shall be located closer than 20 feet to any SEN-1 SCH development boundary line.
(7) 
Yards and buffers.
(a) 
Yard areas for the entire tract or development measured from the development boundary lines:
[1] 
Rear yard: 50 feet.
[2] 
Side yard (each): 50 feet.
[3] 
Front yard: 100 feet.
(b) 
Where any SEN-1 development of a nonresidential use, including parking, occurs at the boundary lines of the SEN-1 Zone line, which has existing adjacent residential uses or nonresidential uses deemed not compatible by the Planning Board, a fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a visually impervious buffer at a minimum height of eight feet to 10 feet and maintained at a minimum height of not less than 15 feet. This width can be reduced to not less than twenty-five-foot landscaping with the provision of a visually impervious screen, fence, or wall of permanent material which is used to separate any contiguous residential zone or residential development. An earth berm of a minimum height of six feet may be constructed in which case the Board may lessen its requirements for plant materials. The Board may waive the requirements for buffering if equivalent screening is provided by adjacent parks or by topography, wetlands or other natural conditions. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights, and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics.
(8) 
SEN-1 performance regulations. The area and dimensional regulations as set forth in Table 17, SEN-1 Performance Regulations, located at the end of this chapter, shall apply.
(9) 
Any part of the SEN-1 development not used for structures, roadways, loading, accessways, parking, or pedestrian walks shall be landscaped with or contain grass, trees, and shrubs.
(10) 
Low- and moderate-income housing requirements.
(a) 
A minimum of 10% of the dwelling units in the development shall be low-income housing units, and 10% shall be moderate-income housing units. The construction schedule shall be as follows:
[1] 
Prior to issuance of the certificate of occupancy for the last unit of the first 20% of the total units, a minimum of 20% of the low- and moderate-income units must be completed and be part of the first 20% of the units.
[2] 
Prior to the issuance of the certificate of occupancy for the last unit of the first 50% of the total units, a minimum of 50% of the low- and moderate-income units must be completed and be part of the first 50% of the units.
[3] 
Prior to the issuance of the certificate of occupancy for the last unit of the first 80% of the total units, 100% of the low- and moderate-income units must be completed.
[4] 
However, if the developer of the low- and moderate-income unit portion of the SCH area enters an appropriate agreement with the Township to assure the completion of the low- and moderate-income housing units approved as part of the SCH area, then there shall be no restriction on the timing of the construction of the commercial space and/or the market rate residential units.
(b) 
All developers shall submit deed restrictions and other documentation sufficient to satisfy the Board that they will comply with the low- and moderate-income housing requirements administered by the office of Affordable Housing Management Service (NJ Department of Community Affairs).
(c) 
The low- and moderate-income units may be distinguishable from market units; however, the low and moderate in some units shall be architecturally compatible with the market units.
(11) 
Prior to any Township approval, the following prerequisites shall have been accomplished:
(a) 
Verification that there are adequate utility services and support facilities for the project and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.
(b) 
Assurance at the time of each sale of a unit or execution of a lease for a unit that the occupancy of such housing will be limited to senior citizens, meaning at least one of the occupants must be 55 years of age or older, or as otherwise defined by the Social Security Act, except that this provision shall not apply to any resident manager and his or her family residing on the premises.
(c) 
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing, if such financing is being sought by the applicant to make occupancy available to low- or moderate-income persons.
(12) 
All utility meter boxes shall be located at the side or rear of buildings and shall be screened by architectural elements or landscaping.

§ 160-74 Senior Citizen Housing-2 (SEN-2).

A. 
Purpose. The SEN-2 areas have been designated in recognition of the need for senior citizen housing, including assisted living units, and affordable family rental units within a program to implement the Housing Element and Fair Share Plan for Evesham Township. The SEN-2 areas permit medium-density senior citizen housing and assisted living facilities and family rental units. Developers of all market rate senior housing and assisted living units in this district are expected to contribute funds to the Housing Trust Fund in accordance with the Housing Element and Fair Share Plan and any agreements entered into by the Township or judgments of the courts designed to effectuate the Fair Share Plan.
B. 
Principal uses permitted.
(1) 
Senior citizen housing in the form of single-family detached units only.
(2) 
Houses of worship.
(3) 
Assisted living units for the general public or persons with special needs, e.g., multiple sclerosis, but for no more than five acres of a development.
(4) 
Single-family detached, single-family semidetached, apartments or townhouses for low- and moderate-income families, but for no more than five acres of a development.
(5) 
Group homes.
C. 
Accessory uses permitted.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Signs.
(4) 
Temporary construction and sales trailers.
(5) 
Model homes.
(6) 
Recreational facilities.
(7) 
Public utilities, such as sewer pumping stations, water towers, but not including gas, electric or other facilities.
(8) 
Stormwater management systems.
(9) 
Family day-care homes.
D. 
Performance regulations.
(1) 
No SEN-2 development shall contain less than 100 acres.
(2) 
Gross density: 1.625 dwelling units per acre, not to exceed 260 total dwelling units.
(3) 
Parking requirements: in accordance with New Jersey Residential Site Improvement Standards.
(4) 
Active, functional and usable recreational facilities shall be provided. Said facilities shall be equal in value to the facilities and land needed if a development were required to provide 20% of the development as open space with 20% of the minimum open space (or four of the total tract) devoted to active, functional and usable recreation. If the value of said facilities are not equal to the value of the larger, i.e., the 20%, dedication, then, in lieu thereof, the difference in cost between the proposed and required improvements shall be contributed to the Township . All environmentally sensitive lands such as wetlands and floodplains shall be deed restricted from development and conservation easements applied to the property.
(5) 
SEN-2 development must provide access to mass transportation. Pedestrian walks shall be provided in accordance with New Jersey Residential Site Improvement Standards and shall connect all units to any clubhouse, community building, recreational facilities or to public transportation.
(6) 
No parking lot shall be located closer than 20 feet to any SEN-2 development boundary line.
(7) 
Yards and buffers.
(a) 
Yard areas for the entire tract or development measured from the development boundary lines:
[1] 
Perimeter buffer yard: 20 feet.
[2] 
Rear yard: 20 feet, including against the perimeter buffer.
(b) 
Where any SEN-2 development of a nonresidential use, including parking, occurs at the boundary lines of the SEN-2 Zone line, which has existing adjacent residential uses or nonresidential uses deemed not compatible by the Planning Board, a fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a visually impervious buffer at a minimum height of eight feet to 10 feet and maintained at a minimum height of not less than 15 feet. This width can be reduced to not less than twenty-five-foot landscaping with the provision of a visually impervious screen, fence, or wall of permanent material which is used to separate any contiguous residential zone or residential development. An earth berm of a minimum height of six feet may be constructed in which case the Board may lessen its requirements for plant materials. The Board may waive the requirements for buffering if equivalent screening is provided by adjacent parks or by topography, wetlands or other natural conditions. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights, and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics.
(8) 
SEN-2 performance regulations. The area and dimensional regulations as set forth in Table 18, SEN-2 Performance Regulations, located at the end of this chapter, shall apply.
(9) 
Any part of the SEN-2 development not used for structures, roadways, loading, accessways, parking or pedestrian walks shall be landscaped with or contain grass, trees, and shrubs.
(10) 
Low- and moderate-income housing requirements.
(a) 
Development fees and construction regulations:
[1] 
All market age-restricted single-family units shall contribute $3,000 per unit to the Township of Evesham, payable 50% at the time of issuance of a building permit and 50% at the time of issuance of a certificate of occupancy.
[2] 
All assisted living units (i.e., beds) shall contribute $500 per bed to the Township of Evesham, payable 50% at the time of issuance of a building permit and 50% at the time of issuance of a certificate of occupancy.
[3] 
All aspects of the actual construction of affordable units, e.g., construction schedule, rents and prices, etc., will be accomplished in accordance with the substantive rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., as amended, or as approved in a settlement agreement in effect at the time.
(b) 
All developers shall submit deed restrictions and other documentation sufficient to satisfy the Board that they will comply with the low- and moderate-income housing requirements administered by the office of Affordable Housing Management Service (NJ Department of Community Affairs).
(c) 
The low- and moderate-income units may be distinguishable from market units; however, the low- and moderate-income units shall be architecturally compatible with the market units.
(11) 
Prior to any Township approval, the following prerequisites shall have been accomplished:
(a) 
Verification that there are adequate utility services and support facilities for the project and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.
(b) 
Assurance at the time of each sale of an age-restricted unit or execution of a lease for an age-restricted unit that the occupancy of such housing will be limited to senior citizens, meaning at least one of the occupants must be 55 years of age or older, or as otherwise defined by the Social Security Act, except that this provision shall not apply to any resident manager and his or her family residing on the premises.
(c) 
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing, if such financing is being sought by the applicant to make occupancy available to low- or moderate-income persons.
(12) 
All utility meter boxes shall be located at the side or rear of buildings and shall be screened by architectural elements or landscaping.
(13) 
The following dimensional requirements for accessory uses and structures for single-family detached and single-family semidetached uses shall apply:
(a) 
No accessory use or structure shall be permitted in the front yard setback.
(b) 
The side and rear setback shall be equal to 1/2 of the requirement for the principal building, except for sheds, less than 150 square feet in area, which may located no closer than five feet from a property line.

§ 160-74.1 Senior Citizen Continuing Care (SEN-3).

[Added 12-19-2006 by Ord. No. 33-11-2006]
A. 
Purpose. The SEN-3 District has been created to address the need for additional continuing care housing for Evesham's senior citizens, including independent living and long-term care. Consistent with findings in the Master Plan, this new district will provide housing opportunities for those in later stages of life who may not find the services they need or desire in an "active adult 55+" community. The location of the SEN-3 District recognizes the need to limit the impact of traffic congestion in the Township's core and recognizes the relationship between the SEN-3 District and surrounding zoning districts.[1]
[1]
Editor's Note: The ordinance establishing the SEN-3 District described its location as follows: "the property known as Block 26, Lot 7.01, also known as 125 East Main Street, Marlton, New Jersey."
B. 
Principal permitted uses. A development in the SEN-3 District may contain one or more of the following uses to provide a range of accommodations and a continuum of care:
(1) 
Independent living units in conjunction with one or more of the uses permitted below and not to exceed 25% of the total number of residential units/rooms.
(2) 
Assisted living facilities.
(3) 
Continuing care retirement facilities.
(4) 
Residential health care/life care facilities.
C. 
Accessory uses.
(1) 
Common recreational facilities, community room for the benefit of residents of the community; administrative offices, medical and food service facilities.
(2) 
Off-street parking.
(3) 
Fences and walls.
(4) 
Signs.
(5) 
Model homes.
(6) 
Public utilities, such as sewer pumping stations, water towers, but not including gas, electric or other facilities.
(7) 
Stormwater management systems.
(8) 
Porches, decks and gazebos.
D. 
Performance standards and regulations.
(1) 
The area and dimensional requirements as set forth in Table 19: SEN-3 Performance Regulations shall apply.
(2) 
Minimum tract or site size: five acres.
(3) 
Maximum density: 20 units/rooms per gross acre.
(4) 
Maximum building height: 35 feet.
(5) 
Minimum common open space area: 25%.
(6) 
Setback from private internal streets: 20 feet.
(7) 
Parking shall be provided in accordance with New Jersey Residential Site Improvement Standards.
(8) 
Individual dwelling units shall meet or exceed the minimum design requirements (for accessibility, etc.) specified by the New Jersey Housing and Mortgage Finance Agency.
(9) 
Prior to any Township approval, the following prerequisites shall have been accomplished:
(a) 
Verification that there are adequate utility services and support facilities for the project.
(b) 
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, is/are 55 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager and family resident on the premises.
(10) 
All other applicable requirements of the ordinances of the Township of Evesham must be satisfied.
E. 
Growth share affordable housing requirements. For every eight market-rate units produced on site, one unit (or 11.11% of all units) must be made affordable to households of low/moderate income in accordance with the Fair Housing Act and the rules set forth by the Council on Affordable Housing, and the Township of Evesham's implementing ordinances.
F. 
Provisions applicable to residential units:
(1) 
The architectural character of each dwelling unit shall be compatible in style and scale with dwelling units in nearby developments.
(2) 
Minimum setback for all structures shall be 10 feet from any common parking area.
(3) 
Parking must be set back a minimum of 20 feet from property lines.
(4) 
Pedestrian sidewalks must be provided along all public and private streets and connecting to all community buildings and facilities.
(5) 
The maximum building length is 200 feet.
(6) 
Refuse collection areas shall be provided and shielded with an enclosure designed to match the principal building and shall be surrounded on three sides by landscaping.
(7) 
Common areas shall contain clusters for shade trees in addition to grass and ornamental planting.

§ 160-74.2 Senior Citizen Housing-4 (SEN-4).

[Added 12-17-2013 by Ord. No. 31-12-2013]
A. 
Purpose. The SEN-4 District has been created to address the zoning variance that had been granted for the properties by the Zoning Board of Adjustment consistent with the zoning of adjacent parcels. The SEN-4 Zoning District is intended to provide opportunities for age-restricted housing.
B. 
Principal permitted uses.
(1) 
Age-restricted single-family detached homes. Public water and sewer is required for all developments.
C. 
Accessory uses.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Stormwater management systems.
(4) 
Porches, decks and gazebos.
(5) 
Home businesses in accordance with the standards in § 160-41.
D. 
Performance standards and regulations. The following regulations shall apply:
Minimum lot area
5,000 square feet
Lot width at setback line
50 feet
Front yard setback
15 feet
Rear yard setback
10 feet1
Side yard setback
6 feet one side/15 feet aggregate
Maximum height
30 feet
Maximum impervious coverage
0.55 per lot
Overall open space requirement
20% of tract minimum
NOTES:
1
Includes decks.