Berkeley Heights City Zoning Code

A.

Performance Bond. Where, in the opinion of the Planning Board, or the Zoning Board of Adjustment as appropriate, the failure to properly complete the approved Site Plan would cause injury to the public interest or substantial injury to private property, the Board shall require a Performance Bond or other guarantee not to exceed one hundred twenty (120) percent of the cost of the improvements, to assure the proper installation of all on-site and off-site improvements it may deem necessary or appropriate, including but not limited to, streets, grading, paving, gutters, curbing, sidewalks, lighting, buffers and screens, shade trees and landscaping, water mains, culverts, storm sewers and storm water drainage control facilities, sanitary sewer lines, fire prevention water lines and equipment, traffic control devices, soil erosion and sedimentation control devices, and improvements of open space.

B.

Maintenance Bond. Where, in the opinion of the Planning Board or the Zoning Board of Adjustment as appropriate, failure to properly maintain the required improvements would cause injury to the public interest, the Board shall require a maintenance bond or other guarantee, not to exceed fifteen (15) percent of the cost of the improvements, to be posted for a period not to exceed two (2) years after the completion and final acceptance of the development.

C.

Exceptions. No performance guarantee or maintenance guarantee shall be required for the installation of improvements for utilities which are to be installed by the utility company involved.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Requirements Generally. The Site Plan shall describe the tract, the proposed structures, and improvements, and state the proposed uses of land and structures in such detail as to allow determination of the conformance of the plan with the requirements of all ordinances of the Township of Berkeley Heights, and the Plan's impact on the community, neighborhood, and environment. The Site Plan documents may be in tentative, but not incomplete, form for discussion purposes for preliminary approval.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

All of the information required in Article 10.4 shall be required, in final form and greater detail, for final review.

B.

In particular, the Site Plan shall include: final, detailed, drawings of the front, side and rear elevations of any structure or sign; final floor plans with an emphasis on the normal and emergency entrance and exit areas; landscaping plans showing the locations and species of all shrubbery and trees, including their height, caliper and spacing and showing areas with grass or groundcover.

C.

All changes and conditions required for preliminary approval shall be shown explicitly. Space shall be provided on the Site Plan drawing for the final approval signatures and dates of signatures for the Planning Board or the Zoning Board of Adjustment as appropriate, Chairman, Secretary, and the Township Engineer; the date of the Board's approval resolution and a notation indicating whether the approval was conditional or unconditional.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

In reviewing any Site Plan, whether for preliminary or final approval, the Planning Board shall apply the following standards:

The Board shall give Site Plan approval (preliminary or final) only if the site plan contains all the items and information required in Part 10 unless specifically waived.

A.

The provisions contained in this Part are designed to provide a comprehensive review and guide so as to:

1.

Ensure that any development or redevelopment is accomplished with the criteria, standards, and requirements of this Ordinance as well as all other ordinances and laws affecting the subject matter;

2.

Regulate the site design of land development and define the role of the public and private interests by setting forth the standards to be enforced;

3.

Protect and enhance existing natural features, protect features of historical significance, improve the natural and man-made environment, and protect areas from flooding and erosion;

4.

Supplement existing land use controls and to implement effective, comprehensive planning of the municipality and surrounding areas in order to adequately regulate the total impact upon the community of specific site developments;

5.

Assure the harmonious development of uses, within the Township of Berkeley Heights, that may have a substantial impact upon the character of the municipality, the quality of the environment, the distribution and cost of municipal services, traffic, utilities, appearance, and property values within the municipality;

6.

Effect comprehensive planning and to promote the public health, safety, and general welfare by regulating site design of land development pursuant to N.J.S.A. 40:55-1.13 and also pursuant to powers granted to municipalities in N.J.S.A. 40:48-1, 40:48-2, and other enabling legislation.

7.

Assure the development and construction of those projects which are intended to form a component of the Township's Compliance Plan, in accordance with the terms and provisions of the Developer's Agreements executed by the Township in connection with the Compliance Plan.

B.

In addition to any other affected parties, this Section shall also be applicable to all municipal bodies, such as boards, agencies, and commissions, whether formed pursuant to State Act or not and whether or not autonomous or semi-autonomous, unless specifically excluded by State Law.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

No Building Permit shall be issued for the construction of, alteration of, enlargement of, or addition to any building or structure except a detached single family dwelling not in a planned development, or accessory structures and driveways customarily related thereto, or for any change in classification as set forth in this Ordinance unless a Site Plan is submitted and receives final approval by the Planning Board or Zoning Board of Adjustment and any required performance guarantee for the improvements have been posted with the Township Clerk subject to the following:

1.

In the OR zone, no site plan approval shall be required in connection with the issuance of any Building Permit if the cost of the improvements is less than $25,000.00, creates less than one thousand (1,000) square feet of new impervious surface, or relates to work (regardless of cost) which is to be performed totally within the existing buildings or structures and does not change the use of the property or increase the number of parking spaces required for the site.

2.

In all other zones, no site plan approval shall be required if the work does not create more than one thousand (1,000) square feet of additional impervious surface.

B.

No changes shall be made to a site, regardless of cost, which would alter the conformance of the site with the previously-approved Site Plan.

C.

If a Building Permit is, granted without site plan approval because of additions and alterations valued at less than $25,000.00 in the OR zone, a subsequent Building Permit will not be issued for additions or alterations valued at less than $25,000.00, unless a Site Plan approval is obtained, or unless there has been the lapse of twelve (12) months from the date of the first Building Permit if the cumulative value of permitted additions and alterations in a twelve-month period exceeds $25,000.00.

(Ord. No. 16-2022, § I, 12-20-2022; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Exceptions From Details.

Upon written request of an applicant for preliminary Site Plan approval, the Planning Board may, at a Public Meeting, by resolution stating the justification, grant exceptions from the requirements for Site Plan approval as may be reasonable and within the general purpose and intent of this Part, if the literal enforcement of one ()1 or more provisions of this Part is impracticable or will exact undue hardship because of the peculiar conditions pertaining to the site in question.

B.

Waiver of Site Plan Hearing.

In accordance with Section 4.8, the Technical Review Committee shall conduct an initial review of all site plan applications. The Technical Review Committee, during its review, may designate a site plan application as a Minor Site Plan. Upon recommendation from the Technical Review Committee, the Planning Board may, at a public meeting, by resolution stating the justification, classify the site plan application as a Minor Site Plan and waive the requirement of notice and public hearing for the site plan application. An application shall only be classified as a minor site plan if it meets all of the following criteria:

1.

There are no variances required from any provision of this Ordinance;

2.

There is no change in the nature of the use of the site;

3.

There is no change to the exterior elevations of any buildings, other than changes in signage;

4.

Any increase in impervious coverage does not exceed one thousand (1,000) square feet or five (5) percent of the existing impervious coverage, whichever the lesser;

5.

Any increase in the required number of parking spaces does not exceed five (5).

The classification of any site plan as a minor site plan shall not preclude the imposition of reasonable conditions on the approval thereof by the Planning Board, including conditions ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39, 41, and 53, and approval by the Union County Planning Board if required by law.

(Ord. No. 13-2021, § IV, 8-17-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Conditions of Approval

1.

The Planning Board shall give preliminary Site Plan approval if and only if:

a.

The Site Plan contains all the items and information required by this Part, and

b.

The proposed structures and use are in accordance with the performance standards of this Part, and comply with all other ordinances of the Township of Berkeley Heights, and

c.

All on-site and off-site improvements are adequate for the proposed use, and

d.

A public hearing has been held on the Site Plan as submitted for preliminary approval.

2.

If the Planning Board requires any substantial amendment of the Site Plan after the public hearing has been held, another public hearing shall be held on the subsequently revised Site Plan prior to preliminary approval.

B.

Term of Validity

1.

Any preliminary Site Plan approval given by the Planning Board shall be valid for a period of three (3) years, entitling the applicant to submit a Site Plan for final approval based on the same general terms and conditions as the preliminary approval.

2.

The Planning Board may, at the applicant's request, grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards shall apply. If a Site Plan is submitted for final review after this period, it must be preceded by a new Site Plan application, where both the new application and review procedure and standards for approval shall conform to the requirements of then existing ordinances.

3.

The Planning Board may, in connection with Site Plans involving areas of fifty (50) acres or more, at the applicant's request, provide that the approval shall be valid for such period of time longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration the nature of the development proposal. In the event the Township has entered into a Developer's Agreement, for a site which would be subject to this provision, the time period agreed to by the Township in such Agreement shall be presumptively reasonable but may be enlarged by the Planning Board.

C.

The Site Plan as approved shall be binding on the applicant.

D.

Developer's agreement

As a condition of approval and prior to the signing of any Preliminary Site Plan, the applicant shall be required to execute a developer's agreement prepared in accordance with Section 4.5.4 of this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Planning Board shall give final Site Plan approval if and only if:

1.

The Site Plan contains all the items and information required by this Part, and

2.

The proposed structures and use are in accordance with the performance standards of this Part, and comply with all other ordinances of the Township of Berkeley Heights, and

3.

All on-site and off-site improvements are adequate for the proposed use, and

4.

A public hearing has been held on the Site Plan as submitted for final approval, and

5.

The preliminary approval was received and was still valid on the date of submission for final approval, and

6.

The Site Plan conforms to the conditions of the preliminary Site Plan approval.

B.

Any final Site Plan approval given by the Planning Board shall be valid for a period of two (2) years from the date of final approval. If, after two (2) years a Certificate of Occupancy has not been granted, or if any of the conditions have not been met, as specified in the approved Site Plan, a new application for preliminary Site Plan approval will be required, where both the new application and review procedures and standards for approval shall conform to the requirements of the then existing ordinances.

C.

Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

To assist in evaluating the Site Plan with respect to flood and fire hazard, traffic and safety problems, environmental effect, or any other aspect of the submitted Site Plan which would influence the planned development of the surrounding area, the Planning Board or Zoning Board of Adjustment as appropriate shall solicit a written report from the following: Zoning Officer, Township Engineer, Fire Prevention Bureau, Environmental Commission, Transportation and Traffic Safety Committee, and Police Department.

B.

In addition to those agencies required by law, the Planning Board, or the Zoning Board of Adjustment as appropriate may refer a Site Plan to concerned Township Boards, Commissions, Committees or Subcommittees, and Federal, State, County, and Local public, or quasi-public agencies for their advisory recommendations, and to appropriate consultants, fees to whom shall be paid by applicant.

C.

Where the site is within two hundred (200) feet of another municipality, the site plan shall be submitted to said municipality for review and advisory recommendations.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

No Certificate of Occupancy shall be issued by the Construction Official for the site until the Township Engineer has verified and notified the Construction Official in writing that the Site Plan Review and Approval requirements of the Planning Board and the Zoning Board of Adjustment, as set forth in the final approval resolution(s), have been fulfilled, and that any required maintenance guarantees have been posted with the Township Clerk.

B.

With the approval of the Township Mayor and Council, a Temporary Certificate of Occupancy for any building, structure, parking lot or impermeable surface may be issued by the Construction Official, if, due to seasonal or other special circumstances beyond the control of the applicant, the complete installation of all site construction work or landscape work or other requirements of the approved Site Plan have not been completed. Such a Temporary Certificate of Occupancy shall set forth a time limit, not to exceed ninety (90) days, except that a thirty (30)-day extension may be granted by the Construction Official. Also, such a Temporary Certificate of Occupancy shall require a cash escrow of fifty (50) percent of the total cost of the uncompleted and remaining portion of the site work, as determined by the Township Engineer, be deposited with the Township Treasurer as a performance guarantee.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Failure to comply with any details or conditions of any approved Site Plan, or any constructing, operating, or maintaining of any building or structure or use in a manner other than provided for in this Part, shall be a violation of this Ordinance and shall be grounds for the revocation or withholding of any Building Permit, Zoning Permit, Temporary Certificate of Occupancy or Certificate of Occupancy. The Construction Official or Zoning Officer may revoke or withhold any Building Permit, Zoning Permit, Temporary Certificate of Occupancy, or Certificate of Occupancy and may seek to enjoin the violation or take such other legal remedies permitted by law.

B.

A written notice of revocation or withholding shall be made by personal service or by certified mail by the Construction Official or Zoning Officer. Such notice, requiring compliance with the conditions of the approved Site Plan within a period of seven (7) days after receipt of said notice, shall effectively revoke any Building Permit, Zoning Permit, Temporary Certificate of Occupancy, or Certificate of Occupancy, if compliance is not made within the time limit set forth in said notice.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The applicant shall file with the Secretary of the Planning Board or Zoning Board of Adjustment, as appropriate, three (3) copies of a form provided by the Township of Berkeley Heights, the appropriate fee and deposit, and eight (8) copies of the proposed Site Plan with five (5) copies of the statement on environmental effects and supporting documents. Said application and plans and documents shall be submitted at least twenty-eight (28) days prior to the public meeting of the Planning Board at which action can be taken.

B.

The Township Engineer shall review the Site Plan for completeness. If the application is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or by the Board's designee for the determination of completeness within forty-five (45) days of the submission of such application or it shall be deemed to be complete. An incomplete Site Plan shall not be placed on the Planning Board agenda for review, unless the Planning Board has granted a waiver as provided in Section 10.1.3.

C.

The projects subject to Developer's Agreements, as part of the Township's Compliance Plan, shall be subject to the time limits and restrictions set forth in such Developer's Agreements.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Reserve This Section.

The applicant shall notify all property owners within two hundred (200) feet of the site as their names appear on the Municipal Tax Duplicate at least ten (10) days prior to the hearing, by personal service or by certified mail.

Said notice shall state the time and place of public hearing, a brief description of the Site Plan, and a statement that the Site Plan has been filed with the Secretary of the Planning Board and is available for public inspection. Proof of such notice shall be filed with the Clerk of the Planning Board. The Secretary of the Planning Board shall cause notice of the public hearing to be published in an official newspaper of the municipality at least ten (10) days prior to the public hearing.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Planning Board or the Zoning Board of Adjustment as appropriate shall review the submitted Site Plan and grant or deny preliminary approval of a Site Plan for ten (10) acres or less within forty-five (45) days of the date of the complete submission of an application and supporting documents, or at such later time as requested in writing by the applicant. The failure of the Planning Board to act within said time shall be deemed preliminary approval.

B.

The Planning Board shall review the submitted Site Plan (and any subdivision plan accompanying the Site Plan) and grant or deny preliminary approval of a Site Plan for more than ten (10) acres, within one hundred twenty (120) days of the date of the submission of a complete application and supporting documents or within such further time as may be consented to in writing by the applicant, if the developer includes a request for relief pursuant to N.J.S.A. 40:55D-60. The failure of the Planning Board to act within said time shall be deemed preliminary approval.

C.

The Planning Board or the Zoning Board of Adjustment as appropriate shall grant or deny final approval of a Site Plan within forty-five (45) days of the date of the submission of a complete application for final Site Plan complete review and approval, or within such further time as requested in writing by the applicant. Failure of the Board to act within said period of time shall constitute final approval.

D.

If the Planning Board or the Zoning Board of Adjustment as appropriate conditionally approves, or disapproves a Site Plan, a resolution adopted at a public meeting stating the reason for its actions shall be sent to the applicant within ten (10) days by certified mail or personal service.

E.

After both preliminary and final approval, the Board Chairman, Secretary, and Township Engineer shall sign the Site Plan and accompanying documents and indicate the date of such approval by the Board.

F.

Site Plan approval shall not be construed to obviate or waive any provisions of the Zoning Ordinance or Building Code, except as may be waived by the Zoning Board of Adjustment, or by the Planning Board acting in lieu of the Zoning Board of Adjustment as provided by N.J.S.A. 40:55D-60. Such variances shall be explicitly stated in the resolution approving the Site Plan.

G.

In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or directive for issuance of a permit. The permit for granting or denying and subsequent approval shall be as otherwise provided in this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

For any development requiring Site Plan approval where there is a proposed structure or use in a district restricted against such structure or use, the Zoning Board of Adjustment shall review and approve the Site Plan, acting in lieu of the Planning Board as provided in N.J.S.A. 40:55-76(B).

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Site Plan drawing shall include:

1)

the name of the development;

2)

the name and address of the owner of record;

3)

the name and address of the applicant;

4)

the calculation of the fee described in Section 10.2.2B;

5)

the names and addresses of all owners of record of all adjoining property, and property adjacent to those portions of public streets and rights-of-way which are adjacent to the tract, with the block and lot numbers and tax map sheet numbers of said properties.

B.

All drawings shall be on sheets of 15 × 21, 24 × 36, or 30 × 42 inches, and shall be drawn to a scale of one (1) inch equals thirty (30) feet, unless otherwise authorized by the Township Engineer. If one (1) sheet of standard size is not adequate to show the entire tract, the plan may be divided into sections shown on separate sheets of equal sizes, all sheets having the same scale; if so divided, an additional single sheet shall be provided, showing the entire tract at a scale of one (1) inch equals one hundred (100) feet, with as much detail as practical. Each drawing shall show its scale, graphic scale, north arrow, project title, and name and address of the preparer.

C.

Each individual drawing, plan, statement, or study shall show its original date and the date of any subsequent changes, additions, deletions, or amendments.

D.

The Site Plan shall include a list of all drawings and documents submitted as part of the Site Plan and most recent date shown on each individual item.

E.

Space shall be provided on the Site Plan drawing for preliminary approval signatures and dates of signatures for the Planning Board Chairman, Secretary, and Township Engineer.

F.

All Site Plan drawings shall be signed and sealed by an architect or engineer licensed to practice in the State of New Jersey; the survey of the tract shall be certified by a licensed land surveyor.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Site Plan shall include a survey showing: the tract boundaries, the zone district(s) in which the tract is located and a) all zone boundaries within two hundred (200) feet of the tract boundaries; b) existing and proposed streets and street names, rights-of-way, and areas dedicated to public use; c) distances from tract boundaries to major street intersections, measured along the centerline of streets adjoining the tract; d) streams, waterways, and flood plains on the tract or within two hundred (200) feet of the tract boundaries; e) total tract area to 1/100th of an acre and all other dimensions and areas needed to verify conformance to the zone requirements; f) all easements on or related to the tract; g) tract deed restrictions; h) adjacent lots in which the applicant has a direct or indirect interest; i) the block and lot numbers and tax map sheet numbers of all properties shown on the survey; and j) structures and wooded areas within two hundred (200) feet.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Site Plan shall include a site drawing or drawings showing: 1) tract boundaries; 2) a small key map, having a scale not less than one (1) inch equals five hundred (500) feet, showing the general location of the tract; 3) location of existing and proposed structures and facilities; 4) setback lines as required by this Ordinance; and 5) existing and proposed contour lines at two (2) foot intervals within the tract and to at least fifty (50) feet beyond the tract boundaries.

B.

The Site Plan shall note if any of the existing structures are on the Historic Landmarks Inventory for Berkeley Heights, maintained by the Union County Planning Board.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Site Plan shall include drawings showing: the size, height, location, arrangement and use of all existing and proposed structures and signs; total building coverage in square feet; an architect's preliminary scaled elevation drawings of the front, side and rear of any structure and sign to be erected or altered; preliminary floor plans; types of materials on exterior walls; and all exterior architectural lighting. Any existing structure to be removed from the site shall be identified.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Site Plan shall include a written Use Plan describing: a) the proposed use(s) and operation(s) of the site, including the number of employees; b) the proposed number and hours of shifts to be worked with the maximum number of employees on each shift; c) proposed automobile and truck traffic; d) proposed emission of noise, glare, vibration, heat, or odor; e) proposed air and water pollution; and f) safety hazards.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Site Plan shall include a Traffic Plan showing and describing all related facilities for the movement and storage of goods, vehicles, and persons on the site and their relation to related public facilities. Specifically, the Traffic Plan shall show: 1) access streets including street names, curbs, and lanes; 2) access points to public streets and facilities; 3) site triangles; 4) traffic patterns; 5) location of driveways; 6) location and design of any off-street parking; 7) location and size of parking spaces; 8) the present and proposed number of parking spaces; 9) a calculation of the number of parking spaces required by Section B of this Article on Parking, Driveways, and Loading Spaces, and all other information necessary to determine conformance with said Article; 10) loading spaces or docks; 11) fire lanes; 12) pedestrian lanes; 13) outdoor lighting, including location, intensity, and direction.

B.

It shall be the responsibility of the applicant to present a complete traffic impact analysis for all proposals which could potentially generate twenty-five (25) or more vehicles in any hour. Such analysis shall include:

1)

Existing traffic volumes passing on all streets abutting the proposed development.

2)

Existing turning movements of vehicular traffic within one thousand (1000) feet of the proposed development.

3)

Projected traffic movements as a result of the establishment of the proposed facility.

4)

A statement of total impact such generations will have on the existing level of service as determined and certified by a traffic engineer.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Site Plan shall include a report of its effect on the environment following the form and containing the same details as specified by Section 9.5.5 for subdivision applications.

B.

The Plan shall show facilities constructed to control storm water drainage and all information needed to determine compliance with Part 12 of this Ordinance and the Flood Plain Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Site Plan shall include a Facilities Plan showing: 1) existing and proposed locations of all drainage; 2) open space; 3) common property; 4) location of fire hydrants, gas lines, electric lines, telephone lines, sanitary and storm sewer lines, and water lines; and 5) solid waste collection and disposal methods.

B.

Installations by utility companies need only be shown by their locations on the plan.

C.

All easements acquired or required on the tract and across adjacent properties shall be shown and copies of supporting legal documents shall be included.

D.

All utilities shall be underground, except for connection points, pedestals, and transformers.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

All required county, state, and federal approvals shall be submitted prior to preliminary approval of the Site Plan by the Planning Board or the Zoning Board of Adjustment as appropriate.

A.

The proposed structures and use shall enhance the neighborhood, and relate harmoniously to the terrain, existing buildings, and uses in the vicinity. The location of the proposed structures and parking lots shall be safe and effective, providing easy access for firefighting and other emergency apparatus.

B.

Electricity, telephone and cable television service facilities shall be provided below ground, except that terminal boxes may be located above ground. If located within a public street right-of-way, said utilities shall be outside of the cartway except for required crossings. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current BPUC regulations. In the event that there is any modification in the final placements or locations of any of the above, the applicant shall be required to have the development plan amended by the Board. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions incorporated as part of the servicing utility's tariff as on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.

C.

The size, location, design, color, texture, lighting, and materials of all permanent signs and outdoor advertising structures or features shall neither detract from the appearance of proposed buildings and structures and the surrounding properties nor create confusion with traffic or any other signs.

D.

The location, intensity and direction of all outdoor lighting shall not produce glare or other adverse effect on the existing or future use of nearby properties. To reduce skyglow, adverse night vision effects, and impact on residential areas, lighting fixtures shall provide complete cutoff and light shielding above seventy-five (75) degrees from the downward vertical, and the plan must provide that no direct light, as defined in this Ordinance, falls upon any residential property or more than one hundred (100) feet from the base of the lighting standard unless required for public safety or welfare. Lighting standards shall not be more than twenty-five (25) feet in height except for those installed in the public right-of-way.

E.

All street lighting, fixtures, and poles along street or pedestrian paths shall be provided by the applicant. Street lighting fixtures shall serve both pedestrian and vehicular safety. Fixture height in the Downtown areas shall be limited to fourteen (14) feet in parking lots and twelve (12) feet along street edges, pedestrian areas, and town square. Poles along major pedestrian retail streets shall be of similar design and constructed of cast iron or steel. Spacing between fixtures shall not exceed eighty (80) feet as specified in Section 19.4.2.8.4 and 5. The poles recommended for street edges or other edges of public right-of-ways, in the Downtown district, are the Welsbach #648 College Hill Cast Iron Post, with a height of nine (9) feet, or the Spring City Cast Iron Hancock Post, with a height of nine (9) feet ten (10) inches. The pole recommended for the interior of parking lots in the Downtown district is the Welsbach #665 Aluminum One Piece Post. The lighting fixture recommended for street edges or other edges of public right-of-ways, in the Downtown district, is the Welsbach Philadelphia slide-out ballast with fiber optic column. The lighting fixture recommended for the interior of parking lots in the Downtown district is the Colonial Cubicone CC one hundred fifty (150) watt maximum, or equivalent. The public bench recommended in the Downtown district is the Victor Stanley, Model C-10 "The Classic." The trash basket recommended in the Downtown district is the Victor Stanley, Model S-42. The light output shall be determined by location and spacing. The recommended fixture for the single family residential areas is the Colonial Lantern, wood pole mounted supplied by New Jersey Power and Light Company.

F.

Notwithstanding the provisions of Section 10.6.1.D and in connection with outdoor lighting for municipal facilities direct light may be permitted to fall more than one hundred (100) feet from the base of the lighting standard when necessary to properly illuminate an object, area, or facility provided that no such direct light shall be permitted to fall upon any residential property nor more than one hundred (100) feet closer to the nearest residential property line than any lighting standard. Lighting standards shall be of such height as to safely and adequately illuminate the object, facility, or area and which maximizes the control and limitation of light spread and minimizes potential adverse effects.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Access to the site from adjacent roads shall be designed to minimize the disruption of traffic flow on these roads and permit safe and convenient ingress and egress to the site for vehicles and pedestrians. The site shall provide for the safe and efficient movement of people and vehicles within the site, particularly with respect to the flow of traffic within parking areas. All parking spaces shall be safely and conveniently arranged. Outdoor lighting shall be adequate to insure the safe movement of pedestrians and vehicles.

B.

In connection with any development greater than six thousand (600,000) square feet and less than one thousand (1,000,000) square feet, ingress and/or egress may be provided by a grade separated entrance and/or exit designed in accordance with the American Association of State Highway and Transportation Officials published 1990 Policy on Geometric Design of Highways and Streets, standards for driveways from or onto a low speed urban street.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Applicability. This Section shall apply to all site plan applications with specific attention paid to the following:

Along zone lines except where the zone is contiguous to open land (OL); on lots containing conditional uses or involving the upgrading of conditional uses; between single and multi-family uses; between multi-family developments; and along State and Federal Highways.

B.

General Guidelines. Buffering refers to the horizontal dimension whereas screening refers to the vertical dimension. The following guidelines shall be used to prepare and review buffering and screening for any development plan. The provision of buffer areas and screening within such areas shall take into account the opportunities and constraints of existing conditions on the site, such as existing vegetation to be preserved, critical views into and out of the site, the days and hours of operation, intensity of use of the proposed development, potential off-site impacts, and other such issues. Where required, perimeter buffering shall be designed and located as to screen light, noise and movement of people and vehicles within the site, from nearby properties, streets, and parking areas during all seasons of the year. The location and design of buffers shall consider the use within the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevation, the type of buffer (such as dense plantings, wall or fence or existing woods), buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed and developed with the general guidelines that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer must be in obscuring light and vision and reducing noise beyond the site. Berms shall be required where topographical or other barriers do not provide reasonable screening or sound abatement and if the Board determines that there is a reasonable need to shield the site from adjacent properties and to minimize adverse impacts from incompatible land uses, noise, glare, traffic, or lack of privacy for residential uses.

C.

Buffers. Where required, buffers shall be measured from side and rear property lines, excluding access driveways. Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lot or street lines. No above surface structure or activity, storage of materials or parking of vehicles shall be permitted in the buffer area. All buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

1.

Naturally wooded areas on the site may be calculated as part of the required buffer area provided that the growth is of a height, width, and distance to serve the buffer purpose. Where additional plantings are necessary to establish an effective buffer, plant material used in screening shall be at least six (6) feet in height above ground level, when planted, and be of such density as determined appropriate for the activities involved.

2.

Buffer areas and screening shall be permanently maintained.

3.

Screening shall not be discontinuous at any point within a buffer area unless specifically approved by the Planning Board.

D.

Screening. The vertical dimension of vegetation shall use the following standards to prepare and review screening devices:

1.

Evergreen Trees or Hedges. Where an evergreen screen is utilized, such plantings shall be sufficiently dense so as to provide a minimum of seventy-five (75) percent of the required screening at time of planting. Arrangement of plantings shall be in a continuous row and may be overlapped or staggered within such row. Placement of such plantings shall provide maximum protection to existing vegetation to be preserved located in the buffer area and on adjacent properties.

2.

Walls and Fences. Where a masonry wall or solid wooden fence, not including stockade fence, is utilized, the design of such shall be architecturally compatible with the style, materials, colors, and details of the building(s) on the site. Where such wall or fence fronts toward or is visible from a public right-of-way, foundation plantings shall be planted along the base of all visible portions of the wall or fence.

3.

Earth Berms. Where an earth berm is utilized, such shall be designed to have a maximum side slope of one (1) increment high to two (2) increments wide or a ratio of one (1) high to two (2) wide (1:2). The minimum width of the top of a berm shall be four (4) feet. Berms shall be composed of a soil type sufficient to sustain the growth of plantings it will support. Berms shall be landscaped with combinations of evergreen and deciduous trees and shrubs, and ground cover.

4.

Residential Uses and Districts. Any residential use and district shall be suitably buffered and screened from all uses other than single and two (2) family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity, and other potential nuisances. The minimum width of buffer areas and height of screens shall be provided based on the type of building or use that is being buffered and the zone in which it is located, unless more stringent requirements are set forth in buffering and screening standards for each zone. All applications for development in all AH zones, as well as the DD, HB, LI and OR and which are adjacent to any R Zone shall provide a buffer from such zone according to the following schedule:

5.

Major Roadways. Where residential development or subdivision abuts high noise generator streets, a landscaped buffer should be provided along the property line abutting the road. This buffer strip shall be a minimum of twenty (20) feet wide if consisting of berms with vegetation or a five (5) foot wide landscaped wall where necessary for the health and safety of the residents to insure that the sound level at the building line shall not exceed 45 dbA.

6.

Front Yard Buffers. These shall be achieved by plantings, earth berms, walls, and fences applied individually or in combination, as necessary. Landscaping used for buffering purposes shall be primarily evergreen and compatible in scale and character with the development plan and/or with existing landscaping on adjacent or nearby properties.

7.

Loading Areas. All areas used for loading and unloading, including loading dock areas of buildings, shall be suitably buffered to minimize noise, glare, exhaust fumes, views of loading and unloading vehicles and other nuisances from adjacent properties and public right-of-ways, as well as from within the site itself. Such buffer shall consist of a minimum fifteen (15) foot wide area on all sides of loading areas exposed to view. Within the buffer area a minimum ten (10) foot high, visually impervious screen, consisting of either a solid masonry wall, dense evergreen hedge, earth berm, or some combination thereof, shall be installed. The remainder of the buffer area shall also be extensively planted with both deciduous and evergreen trees and foundation plantings along the outer base of a masonry wall if such is utilized. If a loading area is located adjacent to a residential use or situated in or adjacent to a residential zone, the above required buffer area shall be a minimum of twenty-five (25) feet in width and twelve (12) feet in height.

E.

Guidelines. The following guidelines shall be used to prepare and review landscaping for any development plan. The landscaping plan shall be prepared by a New Jersey Certified Landscape Architect.

1.

The entire development shall be extensively landscaped in accordance with a plan conceived as a complete pattern and style throughout the total site. All areas of the site not occupied by buildings and other improvements shall be intensively planted with trees, shrubs, hedges, ground cover, and perennials and annuals. The development shall be landscaped so as to best adopt the site to its intended use, to control the development's environmental and community impact and to enhance the appearance of the development, both on and within the site itself and from the surrounding area. Landscaping shall be provided to achieve the following:

a.

Preservation and enhancement, to the greatest extent possible, of existing natural features on the site, including vegetation, land forms and bodies of water.

b.

Assistance in adapting a site to its proposed development.

c.

Mitigation and control of environmental and community impacts from a development.

d.

Creation of an attractive appearance for the development, as viewed from both within the site itself and the surrounding area.

e.

Enhancement of the habitability of a development.

f.

Definition of yard areas and other open space.

g.

Energy conservation and micro-climatic control.

h.

Maintenance of a desirable ecological balance on a developed site.

2.

Landscaping shall include functional and/or ornamental elements that affect the safety, habitability and appearance of a development, and its relationship to adjacent properties and public rights-of-way. The plans should show where these elements are located or will be located on the site and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect the existing trees and mature vegetation during and after construction. The plan shall also include plans for visual buffers, fences, street lighting and noise buffers where appropriate, and taking into account the following:

a.

A natural features inventory, the preservation of existing natural vegetation, land, and water features.

b.

Existing and proposed plant materials such as trees, shrubs, ground cover, perennials, and annuals.

c.

Grading, berms, and other earth forms.

d.

Building and ground paving materials.

e.

Walls and fences.

f.

Paths and walkways.

g.

Ponds, streams, fountains, and other water features.

h.

Benches and other site furniture.

i.

Trellises, pergolas, gazebos, and other accessory structures.

j.

Art and sculpture.

k.

Site lighting.

1.

Street and site furniture.

m.

Other site design elements: courtyards, plazas, alleys and similar public and semi-public open spaces; active recreation areas and facilities; paths and walkways; and fences, walls, and other screens.

n.

Supplementary plantings or other landscaping elements may be required by the Board throughout the development, where necessary, for reasons of additional buffering or screening, creating, or defining yards and other open space areas, micro-climatic control, or appearance.

3.

Paving. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality, and aesthetic appeal. Acceptable materials include, but are not limited to, brick, textured and colored concrete, cement pavers and stone.

4.

Street Furniture. Street furniture such as, but not limited to, trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need. Street furniture elements shall be compatible in form, material, and finish. Style shall be coordinated with that of the existing or proposed site architecture. Selection of street furniture shall consider durability, maintenance, aesthetic impact, and long-term cost.

5.

Energy Conservation. To conserve energy, landscaping shall include the planting of evergreen windbreakers to block northwest winds in the winter and planting of the southwest facades of buildings with deciduous shade trees to block summer sun.

F.

General Standards. The following general standards shall be used to prepare and review landscaping for any development plan.

1.

Plant Species. The selection of plant species to be used shall be appropriate in terms of function and size. The species shall be hardy for the climatic zone in which the site is located. Consideration shall be given to soil conditions, availability of water, exposure to sunlight and other existing conditions. Shrubs and other plantings may be selected from those recommended in a standard reference, such as American Association of Nurserymen's American Standard for Nursery Stock, current edition.

2.

Planting Sizes. Deciduous trees shall have a minimum caliper of three (3) inches at time of planting. Evergreen trees shall be a minimum of six (6) feet in height at time of planting. Low growing evergreen shrubs shall be a minimum of two and one-half (2½) feet in height at time of planting. Size of other plantings shall depend on setting and type of plant material.

3.

Planting Specifications. Only nursery grown plant materials shall be utilized. All trees, shrubs, and ground covers shall be planted and staked according to accepted horticultural standards. All grass shall be planted in accordance with the New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

4.

Mulch. Trees and other vegetation that have been removed may be reduced to chips and used as mulch in landscaped areas.

5.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant material through the first growing season. All landscaped areas shall be well maintained and kept free of all debris, rubbish, weeds, tall grass, other overgrown conditions and the storage of any equipment or materials.

6.

Replacement of Dead Plantings. The developer shall be required to replace dead or dying plant material for a period of two (2) years from the date of issuance of a final zoning permit for occupancy and shall post a maintenance guarantee for such pursuant this Ordinance. If plant material is dead or dying during a planting season, such shall be replaced that same season. If plant material is dead or dying during a non-planting season, such shall be replaced as soon as is reasonably possible at the start of the next planting season.

7.

Topsoil Preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least six (6) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

8.

Removal of Debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing, or fallen, shall be removed from the site. If trees and limbs that have been removed are reduced to chips, they may be used as mulch in landscaped areas.

9.

Existing Vegetation. To the greatest extent possible, existing vegetation in good health and condition shall be preserved. Particular consideration shall be given to preserving any existing tree with a diameter (d.b.h.) greater than six (6) inches, as well as existing stands of trees and tall shrubs and hedgerows along or near lot lines. No construction material, soil disturbance for piping or other underground channels or temporary soil deposits shall be placed within four (4) feet of existing shrubs or ten (10) feet of existing trees to be retained on the site. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall be self-supporting and not supported in any way by the plants they are protecting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are types of acceptable barriers.

10.

Slope Plantings. Landscaping of areas of all cutting and filling, terraces, and all roadway slopes steeper than one (1) foot vertically to three (3) feet horizontally (1:3), shall be sufficient to prevent erosion. For the purpose of soil stabilization these areas shall be planted with ground covers that are appropriate for the soil and environmental conditions and availability of water.

11.

Soil Erosion and Sedimentation Control. Landscaping shall be in accordance with a soil erosion and sedimentation control plan approved by the Union County Soil Conservation District, where applicable.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The landscape shall be preserved in its natural state insofar as practicable and desirable by minimizing tree and soil removal and soil addition as provided for in Section 9.6.2, Preservation of Natural Environment. Any grade changes shall be in keeping with the general appearance of neighboring areas.

B.

Provision shall be made to control the flow of storm water so as to comply with the requirements and standards of Part 12 of this Ordinance, Stormwater Management and Control. Alterations in the existing stormwater runoff conditions shall not adversely affect nearby properties or the public storm sewer system.

C.

Provisions shall be made to ensure that odor, fumes, dust, smoke, and other atmospheric pollutants shall not be disseminated beyond the boundaries of the tract. Noise and vibration produced on site shall not violate the Noise Ordinance or adversely affect neighboring areas.

D.

Applicant shall submit an Environmental Impact Statement in conformance with Section 9.5.5 Environmental Impact Statement.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Development shall conform with standards promulgated by Commissioner of Transportation pursuant to "Air Safety and Hazardous Act of 1983," c. 60, P.L. 1983, for any airport hazard area delineated under this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Applicability. This Section shall apply to all applications for development.

B.

General Standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new, or repair of an existing, sidewalk or walkway.

1.

Lot Access. Every lot with less than one hundred fifty (150) feet of frontage or within one thousand (1,000) feet of a school or within any of the Downtown Districts, shall have public sidewalks. Such sidewalks shall be designed for the safety, control, efficient movement, convenience, and encouragement of pedestrian traffic into and out of the site and to promote pedestrian circulation generally within the Township.

2.

All multi-family zones within or adjacent to the Downtown Districts shall provide sidewalks to link such development to the downtown shopping area, recreation facilities, parks, and mass transit facilities. If sidewalks exist, and if such sidewalks are in an unsafe condition or are deteriorated, they shall be replaced and restructured to a safe condition.

3.

Construction and Repair Specifications. All sidewalks and walkways shall meet the construction specifications as set forth in applicable Township Ordinances, as specified in the Design Standards for the Downtown Districts, or as approved by the Township Engineer. Specifications shall also apply to the maintenance, repair or upgrading of existing sidewalks located in that portion of the public right-of-way that directly abuts the lot to be developed.

4.

Materials. The Board may waive the paving material specifications if the applicant can demonstrate that the substitute paving material(s) will be architecturally compatible with the style, materials, colors, and details of buildings and other structures on the site and on adjacent properties and create a more attractive development generally. In no instance, however, shall a sidewalk located in a public right-of-way be permitted to be constructed of asphalt.

C.

Location and Width of Public Sidewalks. The location and width of sidewalks shall be determined based on the location and width of existing sidewalks adjacent to or near the site to be developed.

1.

Sidewalk widths shall meet the following minimums to adequately serve the anticipated pedestrian traffic:

a.

Low intensity residential use - four (4) feet;

b.

Higher intensity residential use, retail frontage - eight (8) to ten (10) feet.

D.

Walkways. Walkways shall be located on a site to provide access from public sidewalks to each entrance or use and to facilitate pedestrian circulation generally within a site.

A.

Applicability. This Section shall apply to all major subdivisions and site plan applications.

B.

Solid Waste Collection and Disposal.

1.

All major subdivisions involving single and two (2)-family detached dwellings shall utilize Township provided solid waste disposal and recycling collection.

2.

All site plan applications shall provide for the temporary on-site storage and private removal of all solid waste and collection of designated recyclable materials. The applicant, by complying with this provision in an application, shall waive any and all rights to any form of tax appeal to the Township for not providing municipal solid waste and recycling disposal from the site. This provision shall apply to any and all future property owners, tenants, or users of the site.

3.

Size and Capacity. The size and capacity of such storage facilities shall be based on the size and capacity of bins and/or dumpsters utilized, frequency of pick-up and generation rates of users of the site.

4.

Access. Adequate pedestrian and vehicular access shall be provided to all such storage facilities. Such vehicular access shall accommodate the type of vehicles used for the collection of normal solid waste and designated recyclable materials.

5.

Location. Solid waste and recyclable storage facilities shall be located in proximity to one (1) another or may be combined in one (1) common facility. Such facilities shall be centrally located and convenient for the users of the site. Recyclable storage facilities may be located inside a building. Such facilities shall not be located as to be visual focal points in courtyards or parking areas.

6.

Odors. Storage facilities shall be designed to reduce discernible odors and contain such within the storage facility area.

7.

Screening. Solid waste and recyclable storage facilities shall be visually screened from view from all directions by a complete structural enclosure and landscaping. Such structural enclosure shall consist minimally of a six (6) foot high solid wooden fence or masonry wall. The design, materials, color, and details of such structural enclosure shall be architecturally compatible with buildings on the site. The design of a structural enclosure may include a roof. The front side of such structural enclosure shall have a gate or door with ramped access to facilitate the movement of storage and collection bins or dumpsters.

8.

Landscaping. Such storage facilities shall be landscaped with minimum four (4) foot high evergreen shrubs along the sides and rear.

C.

Recycling.

1.

Residential Uses with Bi-weekly Recyclable Collection. All dwelling units shall be designed to have a temporary recyclable storage area inside each unit. Such area shall be designed to accommodate two (2) weeks accumulation of designated recyclables per dwelling unit and any storage devices that may be necessary to assist a dwelling unit's occupants in meeting the Township's recycling requirements. The size of such storage area shall be a minimum of six (6) square feet and may be located in either the kitchen, laundry room, basement, storage closet, or attached garage.

2.

Non-residential uses shall be designed to have a temporary recyclable storage area inside the building area of each occupant. Such storage area may be located anywhere within the interior of a building, including basements, storage closets or attached garages, but not in a hallway or corridor that is necessary for internal circulation or emergency access. This area shall be designed to accommodate a one (1) week accumulation of designated recyclables per occupant and any storage devices that may be necessary to assist an occupant in meeting the Township's recycling requirements. Accumulation calculations shall be based on average generation rates developed by the Association of New Jersey Environmental Commissions.

3.

Residential and non-residential uses with frequencies of collection other than bi-weekly shall be designed accordingly to the approval of the Board.

A.

General Standards. Shade trees shall be provided at an interval spacing of approximately thirty (30) feet along each side of all streets, public or private, existing, or proposed. In addition, the Board may also require additional shade trees to be massed at critical points along the street, in order to terminate views, reinforce a sense of spatial enclosure or screen undesirable views. Where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified by the Board. In determining the number, location, and type of proposed shade trees, the Township Shade Tree Commission may act in an advisory capacity to the Board. The following standards shall apply for the planting of shade trees:

1.

Size. Shade trees shall be a minimum size of three (3) inches in caliper at the time of planting.

2.

Location.

a.

Shade trees shall be planted on both sides of any street, approximately three and one-half (3½) feet inside the sidewalk, on or near the right-of-way line, or if such location is not possible, in the planting strip between the curb and the sidewalk. In locations where both of the above locations are inadequate, the Board may require shade trees to be planted outside of the public right-of-way on the tract to be developed.

b.

On streets where existing shade trees are consistently located at a certain place so as to form a line parallel to the street, shade trees may be planted to continue this pattern. The location and type of shade trees shall be such so as not to interfere with below grade utilities, roadways, sidewalks, or street lights.

c.

No shade tree shall be planted in a planting strip between the curb and the sidewalk within twenty-five (25) feet of the intersecting curb lines of an intersection or within ten (10) feet of a driveway opening.

d.

The Planning Board may require double rows of shade trees along streets with high volumes of traffic, as determined by ADT volumes and/or the width of right-of-ways. Double rows of shade trees shall consist of two (2) staggered rows of trees at intervals of approximately twenty (20) feet on-center along each side of all such streets. The interior row, located in the planting strip between the curb and sidewalk, shall be planted with trees spaced forty (40) feet on-center and a minimum of three (3) inches in caliper at time of planting. The exterior row shall be planted with trees spaced forty (40) feet on-center and a minimum of one and three-quarter (1¾) inches in caliper at time of planting.

3.

Tree Type. Tree type may vary depending on overall effect desired, but, as a general rule, on each street all trees shall be the same type. Selection of tree type shall be approved by the Planning Board based on the list of approved shade trees.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)