All lots or parts of lots in the following zones which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the planning board:

A.

C commercial district.

B.

O office district.

C.

I industrial district.

D.

SED special economic development district.

(Prior code § 105-80)

A.

Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen or a combination of evergreen and deciduous trees at least five (5) feet in height, so as to continually restrict a clear view beyond said buffer strip.

B.

The required height of the buffer strip shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of adjacent area, the required height of the screen shall be increased in an amount equal to the elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area, the required height of the screen may be reduced in an amount equal to the difference in elevation, provided that in no case shall the required height be reduced more than two (2) feet.

C.

The entire buffer strip shall be at least eight (8) feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish.

D.

Existing vegetation, particularly hedgerows, should be incorporated into buffers whenever possible. Existing woods within the required buffer area should not be cleared.

E.

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

F.

Detention basins may not be included within required buffer areas.

G.

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

H.

In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one (1) year of their demise.

I.

The certificate of occupancy for the use of the premises shall not be issued until such time as the landscaping requirements, buffer strips and/or other approved dividers, as required by this chapter and as approved by the planning board, are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guaranty of one hundred twenty (120) percent of the cost, as estimated by the borough engineer, has been deposited with the administrative officer of the borough. Such guaranty shall be in the form of cash, and the depositor shall agree in making the deposit that if performance is not completed within the time specified by the administrative officer on the receipt delivered to the depositor, the borough may complete the requirements charging the cost against the deposit; otherwise, the deposit shall be returned in full after the satisfactory completion of the work.

J.

In required buffer areas where a natural buffer strip is considered by the planning board to be impracticable or inappropriate, an opaque fence may be substituted in whole or in part for a natural buffer, provided that its specifications are approved by the planning board. If so approved, said fence shall be maintenance-free.

(Prior code § 105-81; Ord. No. 2007:14, 7-10-2007)