Applications for development within the Borough shall conform to the design standards provided in this Article. Where applicable, conformance with the Master Plan regarding location of streets, rights-of-way, parks and playgrounds and other such uses shall be required.

Where a particular project requires construction not covered in these standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of nonconstruction related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.

The Board, when acting upon development applications shall have the power to grant such exceptions from the requirements of this Article as may be reasonable and within its general purpose and intent, if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

Lot dimensions and area shall not be less than the requirements of the zoning regulations.

Insofar as practical, side lot lines shall be at right angles to straight street lines and radial to curved street lines.

No lot shall be created on which construction will be rendered impracticable because of existing physical conditions. Where that situation occurs the affected land shall be incorporated into the adjoining lots or contiguous open space.

A particular tract may include more than one (1) phase or project.

Final approval may be granted separately for each phase or project.

Storage and Disposal of Waste. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substances be deposited which can cause an underground aquifer to fail to meet applicable State water quality standards. All materials or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All hazardous materials used on the site shall be disposed of in a safe manner in accordance with applicable State and Federal regulations.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless setback from all property lines ten (10) feet or more or unless equipped with baffles to deflect the discharged air away from adjacent uses.

All lots shall have frontage on a public street except that lots for residential uses other than detached single family residential uses may have access from a private street, as approved by the Board.

All public streets shall be located in a right-of-way dedicated to the Borough and having the following minimum widths, measured from lot line to lot line unless another width is specifically recommended in an adopted element of the Master Plan or on an adopted Official Map for the Borough:

Residential developments for other than detached single family residential uses may include private streets.

No site plan controlling access to streets shall be approved except when the control and disposal of said land controlling access has been placed with the Borough or unless a protective deed restriction has been approved by the Board.

The applicant shall demonstrate, prior to final approval, a means to maintain the streets. The Board shall require a maintenance agreement. This agreement shall include the Borough's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Borough shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning and engineering costs associated with the work.

The arrangement of streets shall be such as to provide for the extension of existing streets.

Private access to nonresidential uses shall not be through a residentially zoned lot or lots.

The approval by the Board of any map or plat delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

Subgrade. Topsoil shall be stripped from the proposed roadbed for the entire width of pavement, shoulders, gutters, curbs, sidewalks or other required improvements. All unsuitable material shall be removed. The subgrade shall be compacted to a density of not less than ninety-five (95%) percent under optimum moisture conditions. All embankments shall conform to current New Jersey State Highway Specifications, as amended.

Pavement Materials. The quality of surfacing and base materials used shall adhere to the minimum standards set forth by the County or State when said street is within their jurisdiction. For streets under the jurisdiction of the Borough the following standards shall apply:

Local Public and Private Streets. If the street is a cul-de-sac providing access to not more than twenty (20) dwelling units or if the street provides no parallel parking to meet the parking requirements of subsection 30-520.1, the minimum pavement width may be reduced to twenty-four (24) feet.

Collector Streets. If the street will not have on-street parking, or residential uses with frontage on the collector, the pavement width may be reduced to twenty-six (26) feet, with a four (4) foot wide graded shoulder on each side.

If Belgian block, stones shall not be less than ten (10) inches in height and shall be constructed to show a vertical face above the roadway pavement of six (6) inches,

If concrete, the curbing shall meet the following specifications:

Depressed curb ramps for the handicapped shall be installed at all curb radii where sidewalks intersect the curb in accordance with the laws of the State of New Jersey.

Sidewalks shall be installed along Borough streets in all developments in order to ensure safe pedestrian movement within the development and into adjacent areas. Additionally, sidewalks shall be installed in all areas wherever pedestrian traffic is anticipated to occur such as between parking areas and buildings or between buildings. Sidewalks shall be four (4) feet wide and constructed of four (4) inch thick Class B concrete, as specified in the New Jersey State Highway Specifications, as amended, and in accordance with the Borough Standard Details.

The Board may waive or modify the requirements for sidewalks if it is demonstrated by the applicant that adequate provision for pedestrian circulation has been provided through such methods as pedestrian paths, except that sidewalks may still be required along principal routes to schools.

Driveway aprons shall be constructed between the curb (or edge of pavement) and the sidewalk, or in the absence of sidewalk, for a distance of four (4) feet back from the curb, (or edge of pavement). The standard for materials shall be six (6) inches of Class B concrete as specified in the New Jersey State Highway Specifications, as amended.

Positive drainage shall be provided to drain surface water runoff from the roadway pavement.

A five (5) foot shoulder with a five (5%) percent cross slope shall abut the edge of pavement.

All swales shall be designed to carry a twenty-five (25) year frequency storm for the drainage area served.

Drainage swales shall have a maximum side slope of 3:1.

All swales shall have a minimum grade of one-half (0.5%) percent to prevent silting and a maximum slope that will prevent erosion. Paved inverts and/or energy dissipators may be required.

The invert of all swales shall be a minimum of three (3) inches below the pavement section.

All swales shall be hydroseeded or similarly treated to ensure a stable erosion control surface immediately after construction.

The street right-of-way shall be widened to include all drainage swales where Borough maintenance of such swales will be required to ensure that the drainage system will function in a manner that protects the pavement from stormwater infiltration.

All driveways shall be a minimum of 10 feet in width and shall be constructed of at least four inches of compacted subbase material and two inches of 3/8 inch roadway stone or comparable material. Where driveways adjoin paved parking lots, these driveways shall be paved to the same standards as the parking lot. Aprons shall be provided in accordance with the provisions of this chapter.

At the curb, the minimum width of driveways shall be 10 feet in residential districts and 16 feet in business, office building and research/manufacturing districts. The maximum width of any driveway shall be 24 feet in residential districts and 30 feet in business, office building and research/manufacturing districts. All side-walk areas shall be preserved, and driveways shall be provided between streets and parking areas.

The driveway opening (curb cut) shall be no greater than 26 feet wide for residential districts and 32 feet wide in all other districts at the edge of the cartway.

Driveway openings shall be not less than 50 feet apart on the same parcel of land on the same side of the street.

Driveway grades shall not exceed 10% at any point along the entire length of the driveway. In addition, the driveway grade shall not exceed 8% for a distance of eight feet from the curb line and a transition curve shall be provided between said 8% grade and any increase in grade.

The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a 2:1 slope, and the slope face is not stable rock, retaining walls shall be constructed in a manner approved by the Borough Engineer.

No driveway shall be located within five feet of a side lot line unless it is a common driveway for attached duplex or multifamily dwelling. The impervious coverage shall not exceed 50% of the front yard area and the total impervious coverage of the entire parcel shall not exceed the allowable total impervious coverage in the zone.

All off-street parking shall be paved with a minimum of one and one-half (1.5) inches of bituminous concrete (FABC) placed on top of a minimum of three and one-half (3.5) inches of stabilized base and a minimum of four (4) inches of compacted subbase, Type 5A, or an equivalent as approved by the Borough Engineer.

All parking and loading areas shall be curbed with granite block or concrete curbing constructed to Borough Standard specifications unless the applicant can demonstrate that elimination of the curbing will not decrease the useful life of the pavement, have a negative effect on drainage, or increase maintenance costs.

All parking and loading areas shall have a convenient means of ingress and egress.

If a parking lot has an area of less than eight thousand (8,000) square feet, an area equal to five (5%) percent of the lot shall be maintained as open space. If a parking lot has an area of greater than eight thousand (8,000) square feet, an area equal to ten (10%) percent of the lot shall be maintained as open space. Said open space shall be within the perimeter of the lot and shall be appropriately planted or designed for the retention of existing trees. All plantings shall be protected by curbing, bumpers or bollards. Within any parking area there shall be at least one two and one-half (2 1/2) (D.B.H) caliper or larger shade tree for each ten (10) spaces.

All portions of the property not used for off-street parking, loading or access shall be attractively landscaped with lawns, trees and shrubs as approved by the Board. Parking areas visible from a street shall, through the use of landscaping, be intermittently screened.

Striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas in accordance with the Manual of Uniform Traffic Control Devices.

All lighting shall be so arranged and shielded to reflect light downward and away from adjoining streets and properties.

Storage of wastes which produce no discernible odor may be outdoors.

Outdoor solid wastes storage facilities shall be visually screened from elsewhere on the project and from all property lines.

Storage of wastes which produce a discernible odor shall be within a building.

Identify materials to be collected.

Identify proposed recyclable material storage locations.

Identify locations where recyclable materials are to be picked up.

Identify frequency of collections.

Identify quantity of recyclable materials expected to be generated.

Where outdoor storage is proposed, the storage area shall be suitably screened from view.

Purpose: The general purpose of this section is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing regulations and a process of review for exterior lighting. This section establishes standards for exterior lighting in order to accomplish the following:

Applicability: All exterior lighting installed after the effective date hereof in any and all zoning districts in the Borough shall be in conformance with the requirements established by this section and any other applicable ordinances. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party. All existing lighting installed prior to the effective date hereof in any and all zoning districts in the Borough of Roseland shall be addressed as follows:

Exemptions: The following are not regulated by this section:

The Planning Board, the Zoning Board, the Building Official and/or the Zoning Official shall have the authority to require new lighting and/or modification of existing lighting, pursuant to Subsection 30-510.1b1 of this section to meet the requirements of this section.

Lighting Plans Required: All applications for development and/or building permits shall include lighting plans showing location, type, height, color temperature, lumen output and amount of all proposed and existing fixtures. The applicant shall provide sufficient information to verify that lighting conforms to the provisions of this section. The Planning Board, Zoning Board, the Building Official and/or the Zoning Official shall have the authority to request additional information in order to achieve the purposes of this section.

Definitions: As used in this section, the following terms shall have the meanings indicated:

Color Temperature: All exterior lighting shall utilize light sources not to exceed 3,000 kelvin.

Light Trespass and Overlighting: All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. All vehicle lighting originating from a commercial property shall be shielded from other adjacent properties. Incidental light trespass (lighting emanating from turning motor vehicles or motion sensor lighting) is permitted.

All lighting emitting from any zoning lot shall not cause the light level along any property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination, to exceed the limitations listed in Figure 1: Light Trespass Matrix.

Nonessential Exterior Commercial and Residential Lighting: All nonessential exterior commercial and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer shall be used. Sensor-activated lights shall be used to replace existing lighting that is desired for security purposes.

Area Lights:

Uplighting: Uplighting is prohibited in all zoning districts, except where otherwise permitted in this section.

Public Outdoor Lighting: Public outdoor lighting, including holiday lighting, shall be permitted to ensure the safety and enjoyment of the intended public use. All public lighting shall comply with the standards established herein and shall be turned off after hours of operation or when not in use. When practically possible, motion sensors may be used. Public outdoor lighting is exempt from lighting curfews and exempt from section 17.132.030B[1] of this section.

Lighting Fixtures:

Lighting Fixture Exceptions and Additional Requirements: See Figure 3a.

Any light source that does not meet the requirements of this section is prohibited.

Searchlights, beacons, laser source, and other high-intensity light fixtures are prohibited.

Except as otherwise allowed by this title, any lighting that is flashing, blinking, rotating, chasing, or rapidly changing in color or intensity is prohibited.

Neon lights shall be prohibited, except as may be permitted pursuant to § 30-403.17, Signs.

Window border lighting shall be prohibited.

The Lighting Zones shall determine the limitations for lighting as specified in this section. The Lighting Zones shall be shown in Figure 3b:

The following outdoor lighting restrictions in Figure 4 shall apply to sites and structures based on their assigned lighting zone:

Automatic Switching Requirements: Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device.

Automatic Lighting Reduction Requirements: The Borough shall establish curfew time(s), after which total outdoor lighting lumens shall be reduced by at least 30% or extinguished.

Prescriptive method. An outdoor lighting installation complies with this section if it meets the requirements of Subsections a1 and 2, below.

Performance method.

General Requirements: For residential properties, including multiple residential properties not having common areas, all outdoor luminaires shall be fully shielded and shall not exceed the allowed lumen output in Figure 11, Row 2.

As required, approval for drainage systems of facilities shall be obtained from the appropriate municipal, County, State and Federal agencies and offices or such approval shall be a condition of preliminary approval. When required, each applicant shall make application to the State Division of Water Policy and Supply of the Department of Environmental Protection, to the County Engineering Department and to the Borough Engineer. Letters of approval from the appropriate governmental authorities shall be furnished to the Board Secretary, with copies to the Borough Engineer.

Where a lot or a tract is traversed by a watercourse, surface or underground drainage system, channel or stream carrying water from an adjacent tract of land, there shall be provided and dedicated a drainage right-of-way easement to the Borough conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Borough and in any event, meeting the minimum widths and locations shown on an adopted Official Map or element of the Master Plan for the Borough, or where not so shown having a minimum width of twenty (20) feet.

The system shall be adequate to carry off or store the stormwater and natural drainage which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries and traverses the site. No stormwater runoff or natural drainage shall be diverted so as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without adequate provision for off-tract improvements to accommodate the condition(s). Final disposition of stormwater shall be to an existing natural watercourse.

Street and off-site drainage facilities must be provided with sufficient catch basins, storm sewers, culverts, swales, and/or other drainage appurtenances for the proper drainage of the area in light of existing conditions and the proposed construction of buildings and paved areas.

Lots shall be graded to secure proper drainage away from buildings and into drainage facilities. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow. To the extent possible, grading shall not divert water to flow across property lines.

All sump pumps, roof leaders and foundation drains shall be connected to the stormwater system, if available. No connections shall be permitted into any sanitary sewer.

To prevent water from entering basements or cellars in areas where a high water table exists or is anticipated, as determined from secondary sources, the Board shall require the applicant to provide adequate subsurface drainage facilities before any basements or cellars are approved for construction.

Reinforced concrete pipe shall conform to the requirements of "Standard Specifications for Reinforced Concrete Pipes, A.S.T.M. designation C-76" of the year of last revision.

Corrugated metal pipe shall conform to the requirements of current A.A.S.H.O. specifications, designation M-36, for corrugated metal culvert pipe, and, in addition shall be provided with an exterior bituminous lining applied by a centrifugal method, extending not less than one-eighth (1/8) inch beyond the rest of the corrugations forming the entire inner circumference of the pipe. After application of the lining, the internal diameter of twelve (12) to twenty-four (24) inch pipe shall not vary more than one and one-half (1.5%) percent from the nominal diameter. The internal diameter of larger pipe after application of the lining shall not vary more than one (1%) percent or three-eights (3/8) inch whichever is greater, from the nominal diameter. Material for lining shall conform to the requirements of Article 8.1.3 of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction for 1961 as amended.

Where adequate to accommodate stormwater runoff, six (6) inch PVC may be used to connect yard drains, leaders, etc. However, adequate cleanouts shall be provided to allow for maintenance of the system.

Policy Statement.

Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

Purpose.

The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in subsection 30-512.2.

Applicability.

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

EXEMPT DEVELOPMENT — Shall mean any development that creates less than 500 square feet of new impervious area and disturbs less than 1,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."

MINOR DEVELOPMENT — Shall mean any development that results in the creation of 500 square feet or more of new impervious area or one that disturbs more than 1,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.

MAJOR DEVELOPMENT — (repeated from N.J.A.C. 7:8) Shall mean an individual "development," as well as multiple developments that individually or collectively result in:

Exempt Developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.

Minor Developments. Minor developments shall be designed to include the following stormwater management measures:

Major Developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

Standards for relief (Minor Development). Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.

Standards for relief (Major Development). Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.

Reviewing agency. All applications subject to the review of the Land Use Board shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Borough Engineer.

Appeals. The appeal of the determination of the Borough Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.

Site design features identified under subsection 30-512.3 above, or alternative designs in accordance with this section, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 30-512.5a2 below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

Safety Ledge Illustration.

Submission of Site Development Stormwater Plan.

Site Development Stormwater Plan Approval.

The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan. The following information shall be required:

The following information shall be required:

Applicability.

Projects subject to review as in § 30-512.1 (C) of this section shall comply with the requirements of § 30-512.9 (B) and § 30-512.9 (C).

General Maintenance.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

In areas served by public water, fire hydrants shall be located as approved by the Chief of the Fire Department.

Where there is a public water system, no portion of a structure shall be more than three hundred (300) feet from a fire hydrant.

Where no public water exists or will be provided, and where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Borough Engineer, Fire Inspector and Fire Insurance Rating Organization Standards.

All developments shall be served by telephone and electric service, and, where available, gas service, public water in accordance with Section 30-514, public sanitary sewerage in accordance with Section 30-513 and cable T.V.

Each such service shall be connected to an approved public utilities system where one exists.

All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, the 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 PUC regulations.

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 and 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.

Grading and water features.

Plantings and grassed areas.

Surfacing and finishes.

Walls and fences.

Area lighting.

Signs and street and site furniture.

Preservation of natural features.

The project shall be landscaped so as to best adapt the site to the intended use, to control the project's environmental impact and to enhance the appearance of the project, both on-site and from the surrounding area.

Plant Material. American Association of Nurserymen's American Standard for Nursery Stock, current edition.

Grassing. New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

All development plans shall include a grading plan which provides for a minimum amount of soil to be removed from or brought to the site.

No topsoil shall be removed from any lot or lots unless certified as excess (more than four (4) inches) in writing by the Borough Engineer. All topsoil so removed shall be placed elsewhere within the Borough.

All graded or stripped areas shall be stabilized by four (4) inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.

All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.

Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.

Wherever a change in final grade results in slopes in excess of 2:1 (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur, retaining walls shall be used which shall be of a permanent, maintenance free design.

No tree with a diameter in excess of six (6) inches (D.B.H.) shall be removed if located a distance greater than twenty-five (25) feet from any construction unless approved by the Board.

All areas of tree removal shall be indicated on the development plan.

All provisions of any other applicable ordinance of the Borough of Roseland regulating the removal of trees shall be complied with.

Treed areas to remain shall be protected physically during construction, the method of protection to be approved by the Board.

Wherever grading results in fill being placed around the base of any tree that is to remain, a tree well shall be provided.

When a development plan incorporates open space, the applicant may, if both the applicant and the Borough agree, deed the open space to the Borough. If the development plan incorporates multiple ownership such as a cooperative or a condominium, any open space not deeded to the Borough shall be owned and maintained by an Association.

As part of the application for any site plan incorporating open space, a maintenance agreement shall be submitted to the Board for review and approval.

The use of land for active recreation shall be limited to those areas where topographic features will allow such use without extensive grading and removal of natural vegetation. While the specific usage shall be determined by the applicant, the recreational facilities provided should be suitable for use by the anticipated occupants of the development and should augment and not duplicate existing Borough recreational facilities in the vicinity of the tract if such facilities adequately serve the proposed development.

Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian circulation, picnic areas, and similar uses.

Plans, specifications and manufacturers' catalogue cuts of any proposed recreational improvements or equipment shall be included for the Board's review prior to final approval of the site plan.

The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. The schedule below represents standards acceptable to the Borough. Since a specific use or combination of uses may generate a parking demand different from those enumerated below, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:

Residential Uses.

Nonresidential Uses.

General Requirements.

Residential Zones.

Nonresidential Zones.

Number of Spaces. In all zone districts, for every building, or part thereof, hereafter erected, which is to be occupied for manufacturing, storage, display of goods, retail sales, wholesale or warehouse, market, hospital for humans, laundry, dry cleaning establishment, or other use requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use, at least, one off-street loading space.

Location. Loading areas shall be located in side or rear yards only and shall be designed so that no portion of a vehicle shall extend over a public right-of-way during loading or unloading activities.

No part of an off-street loading space shall be nearer than 25 feet to any property line.

Membership in any created organization by all property owners with the right of enjoyment of all common lands and/or common elements shall be mandatory. Such required membership in any created organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Borough shall be a third party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Borough Attorney and the Planning Board Attorney prior to final approval.

Executed deeds transferring title of common land and/or common elements to the organization shall be tendered to the Borough simultaneously with the granting or as a condition of final approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development for the Board's review. Final approval of the site plan shall expire ninety-five (95) days from the date of decision unless within such period the plat and all related deeds and easements shall have been duly filed by the developer with the County Recording Officer.

The organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization and shall hold the Borough harmless from any liability relating to other common lands or common elements.

Any assessment levied by the organization may become a lien on the private properties in the development. The duly created organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only, but only if agreed to by the Borough.

The organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any owner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association, prior to or as a condition of final approval by the Borough.

Part of the development proposals submitted to and approved by the Borough shall be the provisions to insure that control of the organization will be transferred to the individual owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with subsection 30-521.4 below.

Any site plan which incorporates open space and/or private roads entirely owned by the individual, partnership or corporation (other than a homeowner's, cooperative or condominium association) shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.

Any site plan which incorporates open space, land in common ownership or common elements shall establish an organization to maintain such common lands and elements in accordance with law. Such organization shall not be dissolved, nor shall it sell or otherwise dispose of said common lands or elements except to another organization which is conceived and established to own and maintain said common lands and elements. Said organization shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.

In the event that the owner or organization shall fail to maintain the open space or common elements in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or owners have failed to maintain the open space in reasonable condition, and demanding that any deficiencies be remedied within thirty-five (35) days. This notice shall also state the date and the place of a hearing thereon which shall be held within fifteen (15) days of the date of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within thirty-five (35) days of the date of the notice or within the period of any extension granted, the municipality, in order to preserve the open space or common elements and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space or common elements except when the same is voluntarily dedicated to the public by the organization or owners. Before the expiration of said year, the Borough Council shall, upon the request of the organization therefore responsible for the maintenance of the open space or common elements, call a public hearing upon fifteen (15) days notice to such organization or owners of the development, to be held by the Borough Council at which hearing such organization or owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain such open space or common elements in reasonable condition, the municipality shall cease to maintain said open space or common elements at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space or common elements in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or common elements during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed ratable against the properties within the development that have a right of enjoyment of the open space or common elements, and shall become a tax lien on said properties. The municipality, at the time of entering upon said open space or common elements for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development and the same shall be discharged by the municipality upon payment as with other liens.

Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th:

De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 - April 15.

The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this Section are met. Inspection records shall be kept on site and made available to the municipality upon request.