Evesham Township
Neutral Data Center Policies
Evesham Township allows data centers in several commercial and industrial areas, but large projects may face impact reviews and fees, and one district requires at least four acres.
current law · Township of EveshamRegulates all land and structures in Deptford Township by setting zoning districts, permitted uses, development intensity, setbacks, parking, environmental controls, affordable-housing requirements, approval procedures, and enforcement standards through the Unified Development Ordinance.Deptford Township Unified Development Ordinance (UDO) (1995, amended through 2024)
What this means
The rules allow data centers in several commercial and industrial areas, creating a path to build them. But large projects may face impact reviews and a development fee, and one district requires at least four acres, so the benefits and added burdens roughly balance.
People behind it
- Deptford Township Council
Proposed, introduced, ordained, adopted, and amended the Unified Development Ordinance and related amendments.
- Planning Board
Reviewed the amendments for consistency with the Master Plan and administers specified land-use applications under the ordinance.
- Zoning Board of Adjustment
Administers zoning interpretation, appeals, variances, and applicable applications under the ordinance.
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- Administrative Officer
Administers and enforces the ordinance, interprets its provisions, investigates complaints, and issues zoning permits and subdivision approval certificates.
- Zoning Officer
Administers and enforces zoning provisions, conducts inspections, issues permits, and orders correction of violations.
- Construction Official
Administers and enforces the ordinance’s construction-permit and certificate-of-occupancy requirements.
- Municipal Housing Liaison
Oversees and administers the municipality’s affordable-housing program, including compliance monitoring and reporting.
- Township Administrative Agent
Administers and monitors affordable-housing sales, resales, rentals, income qualification, affordability controls, and compliance.
- Dina L. Zawadski
Township Clerk who attested to and certified the ordinance and provided notice of its introduction and consideration for adoption.
Restrictions & requirementsHide restrictions & requirements26
Data processing centers are prohibited except in zoning districts where the UDO specifically permits them, including BC-4/BC-3, C-1, ROM, and certain industrial or office districts.
In the ROM district, data processing centers are allowed only on lots smaller than 10 acres and must meet minimum lot-size, frontage, dimensional, setback, height, impervious-coverage, and floor-area-ratio standards.
In BC-4/BC-3 districts, a data center requires at least a 2-acre tract, must comply with frontage, setback, buffer, and impervious-coverage limits, and is subject to peak-hour traffic limits of 18 trips per acre for tracts under 50 acres or 16 trips per acre for larger tracts; in BC-4, a single use may not exceed 75,000 square feet.
In the C-1 district, a data center must be on a tract of at least 5 acres with at least 300 feet of frontage, width, and depth, and must meet yard, buffer, building-coverage, impervious-coverage, and setback-based height limits.
For an individual principal data-center use, the site generally must be at least 4 acres, have at least 200 feet of frontage, be at least 300 feet wide and 400 feet deep, and provide 100-foot front, 30-foot side, and 50-foot rear setbacks; building height is limited to 40 feet or two stories, whichever is less, with maximum impervious coverage of 65% and a floor-area ratio of 0.25.
For data centers developed as part of an office or business park, the site generally must be at least 5 acres, have at least 300 feet of frontage, be at least 400 feet wide and deep, and provide 100-foot front, 30-foot side, and 50-foot rear setbacks; building height is limited to 50 feet or three stories, whichever is less, with maximum impervious coverage of 70% and a floor-area ratio of 0.30.
Accessory data-center buildings or uses may not be located in a front yard, require 30-foot side and 25-foot rear setbacks and 30 feet of separation from other buildings, and may not exceed half the height of the related principal use.
Parking areas must be set back at least 50 feet from a street line and 30 feet from other lot lines. Data processing centers must provide at least one off-street parking space per 1,000 square feet of gross floor area.
Data-center sites must provide specified landscape buffers, including 50 feet along ordinary streets, 30 feet along limited-access highways, and 30 feet along other lot lines, as well as required screening, berms, shade trees, landscape islands, shrubs, and screening for loading, utility, mechanical, and waste facilities.
Outdoor storage of data-center equipment or materials requires approval by the applicable board and inclusion on the site plan; it must be behind the front building line, occupy no more than 50% of side and rear yards, be no higher than 12 feet, and be screened by a fully opaque fence and required landscaping.
Data processing in LI-1 or LI-2 districts must comply with industrial performance standards limiting noise, vibration, smoke, dust, odor, heat, glare, air pollution, hazardous discharges, and similar impacts. Fabricating, manufacturing, or assembling must occur entirely inside enclosed buildings.
Major development, including projects disturbing at least one-half acre, creating at least 5,000 square feet of new regulated impervious surface, or creating at least 2,500 square feet of new regulated motor-vehicle surface, must meet green-infrastructure, groundwater-recharge, stormwater-quality, and runoff-quantity requirements.
Minor development creating at least 1,000 square feet of impervious surface or disturbing at least 5,000 square feet of land must manage specified stormwater volumes, retain at least 0.78 gallons per square foot of new impervious surface onsite, and undergo Township or Board Engineer review; additional retention of 2.53 gallons per square foot or redesign may be required if runoff could adversely affect neighboring property.
Stormwater measures require maintenance plans, inspections, and recorded notices or deed restrictions; when maintenance is assigned to a private party, the plan and revisions must be recorded against the property.
A new data-center structure or a change to an existing building's use generally cannot receive a construction permit or certificate of occupancy until the required site plan is reviewed and approved.
If classified as a conditional use, a data center requires Planning Board approval, site-plan review, public notice, and a hearing before a construction permit or certificate of occupancy may be issued; the Planning Board generally has 95 days to act on a complete application.
Applications require completeness certification and Development Review Committee review before Planning Board or Zoning Board consideration. The Administrative Officer has up to 45 days to certify completeness or identify missing items.
Major site plans and general development plans require circulation impact studies addressing traffic generation, access, roadway capacity, parking and loading demand, sight distance, and recommended improvements.
Preliminary major site plans proposing at least 200,000 gross square feet of nonresidential development require a site environmental assessment and a community impact statement addressing environmental, population, school, facility, service, and fiscal impacts.
Soil erosion and sediment-control approval is required before applicable site-plan approval, construction, grading, excavation, or removal of topsoil, trees, or vegetation. Before a building permit is issued, the developer must post a performance guarantee equal to 120% of required control costs, and a maintenance guarantee of up to 15% may be required for up to two years.
Applicants must pay nonrefundable application fees and maintain escrow accounts for municipal professional review; approvals or permits may be withheld if required review charges remain unpaid.
Nonresidential development generally incurs a fee equal to 2.5% of the equalized assessed value for specified new construction, additions, or demolition and replacement, with half collected when the construction permit is issued and the remainder at the certificate of occupancy.
Final site-plan approval or certain zoning approvals may require performance guarantees of up to 120% of required on- and off-tract improvements, plus maintenance guarantees of up to 15% for no more than two years.
The Planning Board may require the developer to pay a pro rata share or the full cost of directly related off-tract roadway, traffic, water, sewer, or drainage improvements; funds for improvements planned for a future date must be returned if work has not begun within 10 years.
A certificate of occupancy is required before a new or altered structure may be occupied or used, and requires compliance with the UDO and prior approvals, payment of taxes and assessments, utility confirmation, and completion of specified infrastructure and site improvements.
No approval, permit, or certificate may be issued for listed development applications when local taxes or improvement assessments on the property are delinquent.
Benefits & exceptionsHide benefits & exceptions24
Data processing and information processing centers are permitted principal uses in the BC-3 and BC-4 Business Center districts without conditional-use approval, subject to district requirements such as a minimum two-acre tract, trip-generation limits, setbacks, height limits, impervious-coverage limits, and landscaping.
Data processing centers are expressly permitted principal uses in the ROM Research, Office and Manufacturing District on lots smaller than 10 acres. Individual principal uses require at least four acres, with standards including specified frontage, width, depth, setbacks, height, floor-area ratio, and impervious-coverage limits.
On ROM lots of 10 acres or more, the uses permitted on smaller lots—including data processing centers—are also allowed.
Data processing, printing, publishing, and related facilities are permitted principal uses in the LI-1 and LI-2 Light Industrial districts, subject to industrial-park or individual-lot standards, including height, impervious-coverage, setback, and buffering requirements.
Accessory facilities may be provided with a permitted data-center use, including security offices, maintenance buildings, employee cafeterias or restaurants, indoor and outdoor recreation facilities, child-care centers, parking, fences, walls, street furniture, and signs.
Off-street surface and structured parking is expressly permitted as an accessory use for a data center.
Outdoor storage of equipment and materials may be provided as an accessory use, subject to board approval, site-plan delineation, placement behind the front building line, a limit of 50% of side and rear yards, a 12-foot height limit, opaque fencing, and landscaping.
A data processing center's standard parking requirement is one space per 1,000 square feet of gross floor area. The reviewing board may approve alternative, on-street, or shared parking; shared parking may reduce the combined requirement by up to 50% when uses have complementary peak demands.
BC-3 and BC-4 allow planned office developments with multiple buildings or lots, common access drives, shared parking, unified architectural and signage plans, and coordinated storm drainage and open space, supporting a coordinated data-center campus where data processing is permitted.
A developer may receive a free pre-application conference with the Administrative Officer or designee to review the approval process and potential plan issues before formal submission.
If the Administrative Officer does not determine within 45 days whether an application is complete, the application is deemed complete and the board's decision period begins.
A change from one permitted nonresidential use to another does not require site-plan approval when the Construction Official and Zoning Officer confirm that the existing site satisfies ordinance requirements, including parking.
Minor site plans and minor subdivisions must receive final action within 45 days after certification of completeness, and failure to act within that period constitutes approval.
Major site plans and subdivisions have defined review deadlines, generally 45 days for smaller projects and 95 days for larger projects, and failure to act within the applicable period constitutes approval, subject to specified variance-related extensions.
A temporary certificate of occupancy may be issued for an approved project before all approval conditions are complete when the Construction Official finds extenuating circumstances and requires a completion schedule and performance guarantee for the remaining work.
Preliminary major subdivision or site-plan approval generally protects the approved zoning terms, use requirements, layout, design standards, lot sizes, setbacks, and off-tract improvement requirements for three years, with possible extensions.
Final approval protects the zoning requirements and other rights granted with preliminary approval for two years, with possible extensions; larger developments may receive protection for up to seven years.
A planned development's general development plan may remain effective for a Planning Board-approved period of up to 20 years from final approval of the first section, with possible two-year extensions, supporting phased development.
A lawful data-center use that later becomes nonconforming because of a zoning amendment may continue, including after sale of the property. A nonconforming building may also continue unless more than 75% is destroyed; expansion of a nonconforming nonresidential use requires a zoning variance.
Performance guarantees for required improvements are capped at 120% of installation cost, while maintenance guarantees are capped at 15% of cost and limited to no more than two years.
For nonresidential development, the 2.5% development fee does not apply to increases in assessed value resulting from alterations, changes of use within an existing footprint, reconstruction, renovations, or repairs.
Where public water is accessible, the developer must construct water mains serving each lot or building with adequate capacity, pressure, and firefighting capability; where public wastewater facilities are accessible or required, the developer must provide sanitary sewer facilities and connections under applicable standards.
The Planning Board may require or allow a developer to provide or fund needed off-tract circulation, water, sewer, or drainage improvements through a defined full-cost or proportionate-share framework.
A reviewing official or board may waive stormwater-plan submission items when the information is unobtainable or creates a material hardship and omitting it will not materially affect review.
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