Standards for non-residential development encompass four distinct land use categories as designated on the master plan maps. Lands designated for interstate business and industrial uses are scaled in favored of automobile travelers and will follow traditional planning design criteria. Lands designated commercial, historic and senior citizen, incorporate pedestrian-oriented and mixed-use standards to ensure that it is easy and enjoyable to walk within various areas consisting of shops and offices. To realize the character envisioned for the plan, it is essential that no single building or user dominate the others. There should be a variety of types and sizes of retail and other commercial establishments. The uses should be joined by pedestrian connections whenever possible, and parking lots should be configured and designed in such a manner that they do not visually overwhelm the landscape.

(Ord. 2004 § 7 (part))

A.

Climate Response. Building exteriors should provide shelter from the summer sun and winter winds and snow. Porticos, arcades and overhanging eaves are particularly appropriate at pedestrian pathways. Entryways should be designed to encourage solar access or alternative methods to melt snow and ice, especially on north facing entrances. The orientation of entryways should also consider localized wind conditions. Building locations should consider the safety concerns raised by shadows on parking lots, areas, streets, sidewalks, and other pedestrian areas.

B.

Principal Orientation. The primary façade of all buildings in the commercial, historic and senior citizen zones should face a public street. The primary façade must also front onto a publicly accessible walkway that leads directly from the street to the establishment's front door.

C.

Street Hierarchy. All streets should be sized to accommodate projected traffic flow and parking requirements, and they should be pedestrian friendly. At a minimum, all streets should conform to the New Jersey Residential Site Improvements Standards (R.S.I.S.) and the Gloucester County recommended R.O.W. standards, with the exception of Kings Highway. Kings Highway is proposed as a two-lane road with ample green space on both sides of the cartway. There will be ten (10) feet of grass with a street tree, a six-foot side-walk and another ten (10) feet of grass area with another street tree.

D.

Street-Facing Facades. It is encouraged that street facing facades be lined with windows or other architecturally interesting and varied treatments. The primary entry(ies) of uses in commercial or historic development areas should be encouraged, wherever possible, to be visible and accessible directly from a public street. All buildings, including residences along Kings Highway, should conform to the architectural standards of the historic district.

E.

Walkway-Facing Facades. The main entrance to all buildings that are without street-facing facades should open directly onto a publicly accessible walkway. This walkway must directly connect to an adjacent street's sidewalk.

F.

Parking. Parking should be located on the side or the rear of the building and designed in such a manner that it provides a positive street edge and a desirable pedestrian environment. It should also be designed so that the street edge is composed of building walls, landscaping, berming, knee walls, or other edging techniques and materials. The following features are encouraged:

1.

Landscaping. Parking areas should contain landscaping and pedestrian features that visually break up the parking lots.

2.

Screening. The perimeter of parking areas adjacent to streets and sidewalks should be screened with a low berm, wall, fence or similar feature, that is a minimum of thirty (30) inches in height.

3.

Lighting. Sufficient and safe lighting should be provided using cut-off luminaries. Lighting poles along pedestrian walkways should have a maximum height of sixteen (16) feet. Ornamental light fixtures should be located along Kings Highway.

G.

Front Setbacks. Buildings may be permitted at reduced setbacks of up to twenty-five (25) percent to encourage pedestrian activity for retail and office uses with appropriate architectural design, especially as concerns entryways, materials, and massing, as a means to provide a positive pedestrian environment upon proper showing that such goals are being advanced. Shading and other safety issues should be considered in the building location.

H.

Height. Variation in building height is encouraged. Commercial, mixed use and civic buildings should not exceed the height limitation in the specific zone. Age qualified residences should not exceed a height of thirty-five (35) feet measured to the mean roof height. Shading and other safety issues should be considered in determining building height.

I.

Facades and Roof Form.

1.

Articulation. No wall should have a blank, uninterrupted length exceeding thirty (30) feet, without including one of the following: a revealed pilaster; a change in texture, color or material; or a change in plane, window, lattice or equivalent element.

2.

Base and Top Architectural Treatments. It is encouraged that all facades be organized into two sections having the following features:

a.

A recognizable "base" consisting of (but not limited to): (1) thicker walls; (2) richly textured materials (e.g. tile or masonry treatments); (3) special materials such as ceramic tile or similar materials; (4) darker colored materials, mullion and/or panels, and/or (5) enriched landscaping.

b.

A recognizable "top" consisting of (but not limited to): (1) cornice treatments; (2) roof overhangs with brackets; (3) stepped parapets; (4) richly textured materials (e.g. tile or masonry treatments); and/or (5) differently colored materials.

3.

Storefronts. It is encouraged that primary facades be lined with windows or other architecturally interesting and varied treatments.

4.

Entries. Primary pedestrian entries should be clearly expressed with architectural and site planning features. Where possible, entryways should be sheltered from the elements.

5.

Roof Form. Mechanical equipment should be integrated into the overall mass of a building by screening it on all sides behind parapets, or by recessing equipment into hips, gables, parapets or similar features.

6.

Service Areas. Architectural or landscaping features should be used to screen service areas from adjacent properties and streets. Screening features should be integrated into the overall design of the development.

J.

Materials. Buildings in commercial, historic or senior citizen zones should include compatible and locally prominent building materials, used in a manner that creates quality detailing and architectural interest.

1.

Windows. Windows should be architecturally compatible with design, materials, colors and details of the building. Facades facing a street or common open space should receive special emphasis with regard to placement and the number of windows provided. Mirror glass may be used only in limited applications.

2.

Simulated Materials. Materials that are poorly simulated should be discouraged. Material changes should not occur at external corners, but may occur at "reverse" or interior corners, or as a "return" at least two feet from external corners. Scored plywood (such as "T-111") is not permitted.

3.

Proper Application and Detailing. Materials should be properly applied and correctly detailed, especially at the base of buildings, along cornices, eves, parapets or ridge tops, and around entries and windows.

4.

Durability. Materials should be demonstrated to be of high quality and durability.

K.

Connecting Walkways. Walkways should link street sidewalks with building entries through the parking lots. They should meet the following minimum requirements:

1.

Grading and Width. Connecting walkways should be either grade-separated from the parking lot, or delineated by a change in materials with a minimum width of five feet.

2.

Landscaping. Connecting walkways should be landscaped.

3.

Lighting. Connecting walkways should be equipped with lighting. Standards should be spaced a maximum of thirty (30) feet apart, and a maximum of twelve (12) feet high. Bollard style lighting is also acceptable. Lighting design should provide sufficient lighting to assure the safety of pedestrian walks and vehicular crosswalks.

4.

Screening. Any service areas (loading docks/storage areas) adjacent to connecting walkways or residential areas, should be fully screened from view.

L.

Landscaping, Screening and Street Furnishings.

1.

Parking Lot Frontage. Where existing parking lots occur along streets, a landscaped area should be provided to minimize views of parked cars from the street.

2.

Broadleaf Trees. Broadleaf trees should predominate in parking areas and public plazas to provide shade in the summer.

3.

Screening Devices. Shrubs and conifers should be used with architectural features to screen mechanical equipment, loading areas, etc.

4.

Screening of Loading Areas and Ground-Mounted Equipment. Loading areas, transformers, heating units and other ground-mounted equipment, should be adequately screened with walls, fences or landscaping.

5.

Accents. Flowering annuals, perennials, shrubs and trees are encouraged to accent entrances, walkways, plazas and parks.

6.

Fountains and Artwork. Fountains and artwork are encouraged in courtyards, parks, and plazas.

7.

Benches, Trash Receptacles and Transit Shelters. These items should be made of durable, high quality materials that complement nearby buildings.

8.

Streetscape Along Kings Highway. The streetscape along Kings Highway is planned to include two rows of street trees along each side of the roadway separated by a sidewalk.

9.

Irrigation Systems—Roads. All landscaping along State, county, or municipal roads, should have an irrigation system.

10.

Irrigation Systems—Non-Residential. All non-residential major site plans should provide irrigation for proposed 1andscaping.

M.

Fences and Walls.

1.

Pedestrian Access. Openings should be provided in fences, walls, or walkways connecting directly to the street, to avoid circuitous routes for pedestrians.

2.

Materials and Detailing. Walls visible from public streets, residential areas and walkway, should be constructed of durable materials that complement nearby buildings.

(Ord. 2004 § 7 (part))

A.

Orientation. Primary facades should contain the primary entry and should be street facing. All primary facades should have windows covering at least twenty-five (25) percent of the faced-area, except garages. Rear yards should be avoided along all collector roads.

B.

Front Door. With the exception of apartments and accessory dwelling units, every home should have an entry facing a public street. Side entries may be allowed if an entry statement (i.e.: patio, arbor, fence, gate, etc.) is provided on the building facing the street.

C.

Garages. Garages should not dominate residential streetscape. In locating garages, strategies should include:

1.

Varying the building and garage setbacks from the street and the public right-of-way.

2.

Minimizing the extent to which garages protrude from the main plane of the house, including recessing garages on a portion of the homes along the street behind the main plane of the house.

3.

Varying the style of garage door and panel design.

D.

Front Porch. Dwelling units should provide a variety of functional entry features. Where front porches are to be built, they should have a minimum depth of eight feet.

E.

Façade Articulation. All residential buildings should be articulated with varied architectural features such as bays, balconies, decks or porches that face on an adjacent street, park or open space area.

F.

Street Facing Fences. Fences adjacent to streets and within the front yard setback shall have a maximum height of thirty-six (36) inches. Side yard fencing behind the front setback shall have a maximum height of six feet. Landscaping should be considered on the street-facing side of all fencing, six feet in height.

G.

Trash and Service Equipment. Trash and service equipment, including ground-mounted satellite-receiving dishes in excess of twenty-four (24) inches, should be located in the rear or side-yard areas, and such equipment shall be enclosed or screened from view through the use of landscaping or fencing.

(Ord. 2004 § 7 (part))

Detention basins in residential subdivisions should be designed in such a manner that they become a visual amenity to the project. In order to accomplish this, the following shall be required:

A.

Side slopes of basins are encouraged to be five-to-one whenever possible, and have adequate slope protection.

B.

Depths from the bottom of any basin to the seasonal high water table ("SHWT") are encouraged to not be less than two feet.

C.

The maximum overall depth of any basin should not exceed six feet from the top of the berm to the bottom of the basin (i.e.: invert elevation of the outfall structure).

D.

Any developer proposing to dedicate storm water basins or other similar facilities to the township should fund the required maintenance. The township engineer or designated staff shall provide to the township committee an estimate of the maintenance costs in any such event.

E.

If a Homeowners' Association (HOA) is formed, the developer shall fund the maintenance of the basin with a capital contribution to a trust fund held by the HOA, the interest of which will be available for the maintenance of the basin. In the event that a HOA shall cease to exist, or defaults on its maintenance obligation, the trust fund will accrue to the township, which will use the interest from such fund to maintain the basin.

F.

All basins shall be placed on a separate conforming lot wherever possible.

(Ord. 2004 § 7 (part))

A.

Architectural elevations will be required to be submitted at the time of final site plan and/or subdivision approval. The plans will be reviewed and approved by the planning board and will be made a part of the approved set of documents. Any revisions to the same require the approval of the planning board.

B.

Buffer Strips.

1.

A buffer is an area of land that serves as a vegetated shield between uses that are separate and distinct from any other required setbacks.

2.

Buffering must be provided between residential uses of different density and between residential and nonresidential uses.

3.

Where a nonresidential use abuts a residential use, the nonresidential user shall provide a buffer consisting of a minimum width of one hundred (100) feet.

4.

Buffers should be designed and installed to minimize noise; to provide relief from views of loading areas, trash enclosures, parking areas and the like; and to provide a horizontal and vertical separation between different land uses.

5.

Existing vegetation, particularly hedgerows, should be incorporated into buffers whenever possible.

6.

Existing woods within the required buffer area shall not be cleared.

7.

All buffers should be a mixture of trees and shrubs which are predominantly evergreen, as approved by the planning board, and should provide the equivalent of two staggered rows of evergreen trees, each planted ten (10) to twelve (12) feet apart. Evergreen trees shall be at least six to eight feet in height at planting, and be balled, burlapped and sheared. Shrubs shall be a minimum of three feet tall.

8.

Detention basins may not be included within required buffer areas.

9.

Where multi-residential or townhouse structures adjoin a single-family area, a minimum buffer of fifty (50) feet in width (which may be reduced to twenty-five (25) feet in width upon a finding by the planning board of appropriateness and/or necessity based on the physical characteristics of the area) should be provided within the multi-residential or townhouse area, unless specified at a greater dimension by use. Where single-family residential structures are adjacent to a non-residential use or zone, a minimum buffer of fifty (50) feet in width shall be provided.

10.

Where any residential development abuts an active farm use or cultivated field, a minimum buffer of one hundred (100) feet, or a minimum buffer of fifty (50) feet with an opaque fence that is a minimum of six feet in height, shall be provided from the property line of the residential development. The planted buffer area should be exclusive of fencing and individual property lot areas, except as permitted by the planning board based on the unique circumstances or physical characteristics of the development.

11.

If a road separates two zone districts, a minimum buffer of twenty-five (25) feet in width should be provided within both districts, except for single-family residential development.

12.

Landscaped buffers should be irrigated to insure the long-term viability of the planted vegetation.

13.

A minimum one hundred (100) foot buffer must be provided adjacent to all lots on which historically significant structures are located, as identified under "Known and Potential Historic Sites in East Greenwich" in the historic preservation element of the township's master plan.

(Ord. 2004 § 7 (part))

Site plans and subdivision layouts, which use natural factors to their advantage, can reduce energy demand by approximately twenty (20) percent. These benefits accrue both to the homeowner, by reducing operating expenses, and to regional energy users, by reducing aggregate energy demand. The following techniques are recommended for all new land development:

A.

Structures should be oriented toward the southern exposure where possible.

B.

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

C.

Windbreaks of evergreen material are recommended both on northern exposures of residential structures and on the northern property exposure.

D.

Deciduous trees are recommended on western exposures to intercept the summer's setting sun and to allow the energy of the winter sun to pass through.

(Ord. 2004 § 7 (part))

A.

Lands that are to be dedicated to the township as open space, shall not be so accepted unless they are of a size suitable for a needed public purpose, and have adequate provisions for their protection and maintenance.

B.

The developer shall establish a legal entity with responsibility for providing for the preservation and maintenance of privately-owned open space.

(Ord. 2004 § 7 (part))

A.

Purpose. An ordinance to establish requirements for tree removal and replacement in the Township of East Greenwich to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

B.

Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" mean the requirement is always mandatory and not merely directory.

"Applicant" means any "person," as defined below, who applies for approval to remove trees regulated under this ordinance.

"Critical root radius (CRR)" means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by one and one-half feet. For example: a tree with a six-inch DBH would have a CRR equaling six inches times one and one-half feet = nine feet.

"Diameter at breast height (DBH)" means the diameter of the trunk of a mature tree generally measured at a point four and one-half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the four and one-half foot height, the DBH shall be measured at the highest point before any division.

"Hazard tree" means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.

1.

Has an infectious disease or insect infestation;

2.

Is dead or dying;

3.

Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;

4.

Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or

5.

Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).

"Person" means any individual, resident, corporation, utility, company, partnership, firm, or association.

"Planting strip" means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

"Resident" means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed.

"Street tree" means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.

"Tree" means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.

"Tree caliper" means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken twelve (12) inches above the soil line.

"Tree removal" means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.

C.

Regulated Activities.

1.

Tree Removal Permit Application. An application for a tree removal permit requires the submission of a plot plan or sketch indicating:

a.

The applicant's name, street address and telephone number.

b.

The lot owner's name, street address and telephone number.

c.

The lot owner's consent to the application.

d.

The block and lot number.

e.

The location of all existing or proposed buildings, driveways, septic fields, easements, underground utility lines and other improvements.

f.

Existing or proposed rights-of-way.

g.

The location of all proposed trees having a diameter of eight inches or greater to be cut, removed or damaged in such a way as to cause a need for their removal, noting each tree by its species, size and general health condition. Individual trees that occur within critical areas as defined by this chapter may be shown as tree masses. However, individual trees must be shown in the critical areas where the proposed disturbance area overlaps a critical area.

h.

The reasons for tree removal, including a description of the type of tree removal; thinning, selective cutting, clear cutting, aesthetic improvement cut.

i.

Specifications for the removal of existing trees and for the protection of existing trees to be preserved.

j.

Specific proposals for planting replacements trees, if applicable.

2.

Review of Applications.

a.

All applications for a tree removal permit or a tree protection management plan shall be immediately referred by the construction department to the environmental commission (and planning board or zoning board if a site plan or subdivision application is involved.)

i.

If the application for a tree removal permit or a tree protection management plan is not part of a site plan or subdivision application, the environmental commission shall review the tree removal permit or a free protection management plan application within thirty (30) days of receipt of said application to the construction department. Failure on the part of the environmental commission to provide a recommendation to the construction department to either approve or deny the application within thirty (30) days of receipt of said application shall render the application approved. In the event that the environmental commission recommends denying an application, it shall specify, in writing, the reason(s) for its actions. The construction department shall review and consider the recommendations of the environmental commission, and the commission's recommendations shall be made a part of the record. The construction department shall have the authority to approve or to deny the tree removal permit or the tree protection management plan within fifteen (15) days of receiving the environmental commission's recommendation.

ii.

If the application for a tree removal permit or a tree protection management plan is part of a site plan or subdivision application, the environmental commission shall provide a recommendation of approval or denial of the tree removal permit or the tree protection management plan application to the planning board (or zoning board). Failure on the part of the environmental commission to provide a recommendation within twenty (20) days, provided that the environmental commission receives the application at least ten (10) days in advance of its regularly scheduled meeting, shall be deemed a recommendation for approval. In the event that the environmental commission recommends denial of an application, it shall specify, in writing, the reason(s) for its action. The planning board (or zoning board) shall review and consider the recommendations of the environmental commission, and the recommendations shall be made a part of the record before the board. The planning board (or zoning board) shall have the authority to approve or to deny the tree removal permit or a tree protection management plan as part of the subdivision and/or site plan review process.

b.

The construction department (or planning board or zoning board) shall review the application for a tree removal permit or a tree protection management plan and, if necessary, have the township planner, engineer, professional forester and/or some other consultant, as may be required, review the application and inspect the site. All reviews and inspections by the township planner, engineer, professional forester and/or other consultants shall be paid for by the applicant through the deposit of escrow funds.

c.

The construction department (or planning board or zoning board or environmental commission) shall consider the following factors in reviewing an application for a tree removal permit or tree protection management plan and in deciding whether to either recommend approval or denial, or to approve or deny a tree removal permit (or the tree protection management plan):

i.

Impact on the growth of remaining trees.

ii.

Impact on existing drainage patterns.

iii.

Impact on soil erosion or increased dust.

iv.

Impact on the vegetative screening between adjacent land uses.

v.

Impact on a tree or scenic corridor given a landmark value.

vi.

Impact on woodland corridors, stream corridors, greenways and wildlife habitat.

d.

There is hereby established a presumption that each and every tree of eight inches of diameter or greater located within the tree protection zone or any specimen tree located anywhere on the lot shall be preserved at its location on the site. Each such tree located within the tree protection zone or each specimen tree may be removed only of the construction department (or planning board/zoning board) finds that the applicant has set forth below:

i.

That it is a necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.

ii.

That it is a necessity to remove trees which pose a safety hazard to a building.

iii.

That it is a necessity to remove diseased trees, trees infested with destructive insects liable to infect healthy trees on the subject or adjacent property or trees weakened by age, fire or other injury.

iv.

That it is a necessity to observe good forestry practices, i.e., the number of healthy trees that a given parcel of land will support when documented by a report prepared on behalf of the applicant by a professional forester or a certified landscape architect.

v.

That it is a necessity for compliance with other codes, such as zoning and subdivision regulations, health and other environmental ordinances.

vi.

Other conditions which, in the judgment of the Construction Department (or planning board/zoning board); warrant the removal of a tree.

e.

No building permit shall be issued until the applicant has obtained approval of its tree removal permit or tree protection management plan application.

3.

Tree Replacement Requirements.

a.

Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under Section IV, shall be subject to the requirements of the Tree Replacement Requirements Table below.

b.

Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of 6" or more per acre, unless otherwise detailed under Section IV, shall be subject to the requirements of the Tree Replacement Requirements Table.

c.

Replacement tree(s) shall:

i.

Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below;

ii.

Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;

iii.

Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within twelve (12) months; and

iv.

Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.

_____

Tree Replacement Requirements Table

The species type and diversity of replacement trees shall be in accordance with appendix A of this ordinance. The township shall provide a list of approved trees that are acceptable to be planted as replacement trees.

4.

Replacement Alternatives. If the township determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:

a.

Plant replacement trees in a separate area(s) approved by the municipality.

b.

Pay a fee of per tree removed a outlined in the tree replacement requirements table. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

D.

Exemptions. All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption [the municipality shall define what "proper justification" is such as photos or statements from a New Jersey licensed tree expert as per N.J.S.A. 45:15C-11 or arborist]:

1.

Residents who remove less than four trees per acre that fall into category 1, 2, or 3 of the tree replacement requirements table within a five-year period. [The number of trees removed is a rolling count across a five-year period. For example, if three trees from category 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if one tree from category 1 is removed in July 2023 and another in July of 2025, the first tree will come off the count in July 2028 and the second in July 2030.]

2.

Tree farms in active operation, nurseries, fruit orchards, and garden centers.

3.

Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality.

4.

Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.

5.

Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental cleanup, or NJDEP approved habitat enhancement plan.

6.

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

7.

Hazard trees may be removed with no fee or replacement requirement.

E.

Appeals.

1.

An appeal from a decision of the construction department should be brought before the township committee, which may affirm, modify or reverse the decision.

2.

An appeal from a decision of the planning board or zoning board should be brought before the court, which may affirm, modify or reverse the decision.

F.

Violations and Penalties.

1.

Violations. Any person, firm or corporation that shall violate any provision of this chapter shall be subject to tree replacement fee, pursuant to the tree replacement table and a penalty which shall be a minimum of two hundred fifty dollars ($250.00) but shall not exceed one thousand two hundred fifty dollars ($1,250.00), and/or a period of community service not exceeding ninety (90) days.

2.

Any person, firm or corporation who is convicted of violating the provisions of this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeated offense shall not exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the original violation of this chapter.

3.

Other Remedies. No provisions of this chapter shall be construed to impair any common law or statutory course for action or legal remedy which may be otherwise provided in law or equity for any violation of this chapter.

APPENDIX A
Approved List of Replacement Trees and
Planting Standards for East Greenwich Township

Proper planting standard procedures shall be in accordance with the American Association of Nurseryman Standards and ANSI A3 00 "Tree Care Management Practices." This list is not exhaustive, additional tree species may be considered and approved by the construction department and/or planning/zoning board.

(Ord. 2004 § 7 (part))

(Ord. 8-2008; Ord. No. 10-2024, §§ I, II, 5-14-2024)

Editor's note— Ord. No. 10-2024, §§ I, II, adopted May 14, 2024, amended the title of § 16.55.080 to read as herein set out. The former § 16.55.080 title pertained to vegetation management and tree preservation.

_____

All lighting fixtures should be equipped with cut-off luminaries. In addition, light fixtures adjacent to residential districts shall be required to be shielded to prevent glare. The mounting height of exterior lighting should conform to the following schedule:

The lighting intensity should not exceed six foot candles. The lighting intensity at a property line adjacent to a residential zone shall not exceed 0.25 foot candles.

(Ord. 2004 § 7 (part))

When two or more contiguous lots are under the same ownership, and one or more of those lots are non-conforming as to either area and/or dimension for the zone, the lots will be deemed as having merged and will be considered as one lot.

(Ord. 2004 § 7 (part))

Any change of use, or change of occupancy where there is a non-conforming use, shall void any previously issued certificate of occupancy, and require the issuance of a new certificate of occupancy. In addition, approval of the planning board is required before the conversion of one use to another, even if the changed use is permitted in the zone. The purpose of said approval is to make sure that all appropriate township regulations are followed and conformed to, and to ensure that the existing facilities will be adequate for the newly proposed use.

(Ord. 2004 § 7 (part))

Mechanical equipment located or positioned on a roof shall be shielded from public view to the extent possible.

(Ord. 2004 § 7 (part))

Permitted noise levels shall be in accordance with the following criteria, as well as those rules established by the New Jersey Department of Environmental Protection, as adopted and amended. Acceptable noise levels as of the time of adoption of this ordinance, are as follows:

(Ord. 2004 § 7 (part))