A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than eight feet high when planted, and the lowest branches shall be not more than one floor above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.

In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not more than 40 feet from each other.

If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event that the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fence(s) six feet high shall be erected in the buffer area.

No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it;

No person shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same or permit an animal to bite or otherwise injure any tree or shrub;

No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public highway, other than routine salting for hazardous road conditions as affects the health and safety of the general public; and

No person shall prevent, delay or interfere with any lawful work undertaken by the Construction Official or his authorized agent.

Cut, trim, break, disturb the roots of, or spray with defoliants any living tree or shrub; or injure, misuse or remove any structure or devices placed to support or protect any tree or shrubs.

Place or remove, or climb with spikes, any living tree or shrub.

Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub, or to any guard about such tree or shrub.

Close or obstruct any open space provided about the base of a tree or shrub to prohibit the access of air, water or fertilizer to the roots of such tree or shrub.

Pile any building material or make any mortar or cement within six feet of a tree or shrub.

Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.

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

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

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

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

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

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

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

Removal required; notice. In case any tree or shrub or any part thereof along the public highway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall forthwith remove the same, or the required part thereof, upon receipt of written directive to that effect from the Department of Construction Official.

Standard established. The owner or tenant of any lands lying within the Borough shall keep all brush, hedges and other plant life, growing within both 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet from the ground and eight feet from the ground.

Removal by Borough. If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the Borough under the supervision of the Office of Zoning Official or a designated agent of the Borough, who shall certify the cost thereof to the Council.

Costs charged against lands; lien established. Upon receipt of the certified costs, the Borough shall examine same and, if found correct, shall cause the costs to be charged against the lands or, if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and collected and enforced by the same officer and in the same manner as taxes.

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

Any person who removes one or more tree(s) (as defined as "tree removal") with a DBH of six inches or more per acre, unless exempt under Subsection E, shall be subject to the requirements of the Tree Replacement Requirements Table below.

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

Tree removal requirements for site plans and subdivisions. Every application to the Planning Board for approval of a subdivision or any site plan that requires the removal of trees shall include an application for a tree removal permit. The application shall conform to the following:

Tree removal requirements for residential lots (excluding lots associated with subdivisions). Any residential lot that is less than 1.75 times the required lot size and removing five or more trees with a twelve-inch diameter or greater in a two-year period shall submit an application for a tree removal permit to the Zoning Officer. The application shall contain the name of applicant; name of owner of property with consent of the owner if different from applicant; location and species of trees on a sketch of property; and reasons for the removal or destruction.

Tree removal requirements for nonresidential properties not associated with site plans or subdivisions. The applicant/owner shall submit an application for a tree removal permit to the Zoning Officer. The application shall contain the name of applicant; name of owner of property with consent of the owner, if different from applicant; location and species of trees on a sketch of property; and reasons for the removal or destruction.

Where the area proposed for the tree removal is to be occupied by a building or other structure; a street or roadway; a driveway; a parking area, patio, swimming pool, recreation area; utility line, easement or right-of-way; or a clearance area for the placement or storage of soil, fill or construction material or debris during the tree removal and/or construction operations.

In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection J(1) above:

Upon an express finding by the appropriate decisional authority that the proposed tree removal will not result in or cause, increase or aggravate any or all of the following conditions: impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property; soil erosion; sedimentation; dust; drainage or sewerage problems; and dangerous or hazardous conditions.

The appropriate decisional authority shall have the power to affix reasonable conditions to the granting of the permit for the removal of trees.

Whenever an application for tree removal is granted under the terms and conditions of this chapter, the following protective measures shall be observed:

Where the permit application is submitted as part of an application for minor subdivision, major subdivision or site plan approval, the time for approval shall be governed by the timing requirements applicable to minor subdivisions, major subdivisions or site plans.

Where the permit application is not made in connection with a subdivision or site plan application or single-family residence, the Zoning Officer shall act on the application within 90 days of its receipt or within such additional time as in consented to by the applicant. Failure to act within 90 days, or any extension thereof, shall be deemed to be an approval of the application, and thereafter the Zoning Officer shall issue a tree removal permit.

Where the application is made in connection with a single-family lot (not part of a subdivision), the Zoning Officer shall act on the application within 30 days of its receipt or within such additional time as it consented to by the applicant. Failure to act within 30 days, or any extension thereof, shall be deemed to be an approval of the application, and thereafter the Zoning Officer shall issue a tree removal permit.

Approval by default with regard to minor subdivisions, major subdivisions and site plan applications shall not be deemed to be a waiver of a tree removal permit.

No approval shall be granted by the Board or Zoning Officer if it is found that the proposed tree removal is contrary to the best interests of the public health, safety or general welfare.

Applications for subdivisions or site plan approval or for a permit for construction, grading or clearing of any lot shall be evaluated for the presence of steep slopes, as defined herein.

Application contents. Where application for site plan, subdivision or a building permit is being made, the following shall be required:

Roadways shall be designed to follow natural terrain. Natural slopes of 20% or greater shall not be disturbed for road construction. On all slopes greater than 15%, the maximum horizontal distance of disturbance associated with road construction shall not exceed 35 feet in width as measured from the center line of the road.

At the Planning Board's or Borough Engineer's discretion, small isolated pockets of steep slope areas that are under 1,000 square feet in size may be disregarded, provided that no more than 1,000 square feet on any one lot is disturbed, and provided that such action would be in the interest of good planning and would not seriously impair the purposes of this chapter and would otherwise result in practical difficulties to the applicant. Where, however, the Board or Borough Engineer finds such pockets to be significantly proximate and of such size as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to regulation under this chapter. In such case they would be included in the calculation of disturbed steep slope area.

Limited disturbance of steep slope areas is permitted under conditions set forth below, but only to the following degree and under said conditions:

Disturbance in excess of the above amounts may only be permitted where it can be shown to the satisfaction of the Board or Borough Engineer that:

Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein.

Continued compliance. Continued compliance with performance standards shall be required and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.

At property lines of the use creating such element for vibration, glare, air pollution, odor, dust, water pollution or noise.

At the point of emission for smoke.

Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 165-100C herein.

Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 165-100C herein.

Smoke.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in § 165-100C.

Fly ash and dust. No emission of any fly ash shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.

Noise (see Chapter 196, Noise, and current NJDEP standards).[1]

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.

Fire and explosion hazard.

Liquids or solid waste. There shall be no discharge of any wastes of any kind into any river, reservoir, pond or lake. The discharge of untreated wastes into any streams shall also be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.

To encourage the redevelopment of Block 903, Lot 2 pursuant to and consistent with the redevelopment recommendations and plan;

To facilitate new construction on the site with a unified approach to the location and relationship of buildings, parking, landscape amenities, architectural elements, open space area, environmental features, access to the surrounding roadway network, and pedestrian circulation; and

To provide new development affording employment opportunities for residents of the Borough and expand the ratable base.

Principal permitted uses. Retail trade and service establishments (excluding drive-through facilities), eating and drinking establishments (excluding drive-through facilities), catering facilities, business and professional offices, and banks and financial institutions, light industrial uses as provided below:

Accessory uses. Off-street parking and loading, signs, fences and walls, outdoor eating and drinking establishments/cafes, decks and walkways, outdoor seating areas and promenade structures.

Conditional uses. The parking and storage of truck and trailers shall be permitted, subject to the following conditions:

Prohibited uses. The following are recommended as specifically prohibited uses in the MB District:

The following additional regulations pertain to any light industrial use in the Mixed Business MB District:

Applicable performance standards. Light industrial operations in the MB District shall be to control the external effects pursuant to § 165-100, Performance standards.

The following regulatory controls apply to the MB District:

To provide for varied design and visual interest, varied building heights are permitted for buildings on the site which are set back a minimum nine-hundred-foot distance from the North Main Street right-of-way. For buildings meeting this minimum nine-hundred-foot setback from North Main Street, a maximum building height of six stories/75 feet is permitted. Also required in conjunction with this minimum nine-hundred-foot setback, and the extended building height provision, is preservation of the existing mature stand of trees which currently exists along the rear of the site and forms a substantial wooded area along the Rockaway River. The mature stand of trees must be preserved to form a minimum fifty-foot-wide mature natural wooded buffer beginning at a point minimally 900 feet east of the North Main Street right-of-way, extending southward from the rear lot line and eastward to the east lot line. However, due to the irregularity of the north lot line and the extremely narrow depth of the site in the central portion, a uniform fifty-foot-wide buffer requirement would preclude internal connections between the east and west portions of the site. Therefore, a modified buffer area is permitted for that section of the site where the depth of the site narrows to 300 feet or less, measured from the north lot line to the south lot line, perpendicular to the Harry Shupe Boulevard right-of-way. In this area, the required buffer width is reduced to 35 feet (measured southward from the north lot line) and requires the preservation of existing mature trees within the buffer. A further provision for the entire buffer area on this site is the allowance of walking trails and other aesthetic features within the buffer area to enhance the site's relationship to the adjoining river and existing preserved wooded area; therefore, appropriate recreational and aesthetic accessory structures directly related to the enhancement and enjoyment of these natural amenities are permitted to be located throughout the required buffer.

Multiple buildings and uses shall be permitted.

A minimum setback of 50 feet between buildings shall be provided.

There shall be a minimum building setback of 10 feet between buildings and all internal roadways.

Minimum distance to right-of-way line: 30 feet.

Minimum setback to building: 10 feet.

Minimum setback to side or rear lot line: 20 feet.

The following parking standards shall apply to uses in the redevelopment area. These standards are designed to apply to this site and not other zone districts:

For all other uses, see existing Borough regulations.

General design standards.

Facade treatment.

Materials and texture.

Screening and landscaping requirements.

Lighting.

Tree Preservation Ordinance. The Borough's Tree Preservation Ordinance (§ 165-98) shall apply to the MB District.

Accessory structure regulations. To enable flexible design and integration of the adjoining Rockaway River into the overall redevelopment of Block 903, Lot 2, the following regulations for accessory structures shall be applicable to the MB District.