The cost of the additional wiring and electricity for street lighting for all streets within the development shall be paid for by the owner or subdivider until streets are accepted by the City, and the City Council has authorized the release of all performance bonds upon completion of all improvements for the development.

No major subdivision plat or major site plan for multi-family development shall receive final approval unless the suggested street lighting plan of the Atlantic Electric Company is shown thereon.

No subdivision plat shall receive final approval unless the suggested street lighting plan of the Atlantic Electric Company is shown thereon.

After final acceptance, operation and maintenance costs of the street lighting shall be the responsibility of the City.

Street signs shall be appropriate metal street signs of a type and size approved by resolution of the City Council and shall be properly installed at each street intersection.

Street signs shall be placed two (2) per intersection on the near right hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection at locations approved by the City Engineer.

Mountings shall be in accordance with the standard procedures of the City, or with requirements adopted by the City Council.

Street signs shall be placed before any Certificate of Occupancy for houses on the subject street are issued.

Any person constructing, reconstructing, converting, or enlarging any new building(s) or residence(s) within the City shall provide landscaping including pollution-resistant street trees as required in subsection 25-1700.38.2 of this Ordinance and as noted below:

a. In each subdivision or site plan, the developer shall plant proper shade and/or decorative trees of a type approved by the Planning Board in consultation with the Shade Tree Commission.

b. Planting locations, tree species and tree size shall be indicated on the plot plan submitted with the Zoning Permit.

c. Vegetative Groundcover. All yards adjacent to a public street (excluding alleys) not utilized for parking or pedestrian access shall be planted with trees, shrubbery, grass or other suitable groundcover. An underground irrigation system is required for all landscaped areas planted with non-native species.

d. Landscaping stone may be used in side yard and rear yard areas only, not adjacent to a public street, subject to the provisions contained in subsection 25-1700.45.3 of this Ordinance. (Ord. #99-20, §9; Ord. #02-36, § 12; Ord. #03-22, §3)

Street trees shall be planted in accordance with Diagram A.

a. In all cases, said trees shall be planted within the municipal right-of-way in a place which shall not interfere with utilities.

b. Trees shall be of pollution resistant varieties as defined below.

c. The Planning Board in consultation with the Shade Tree Commission may reduce or waive such plantings if there are approved varieties of trees growing along such right-of-way or on the property abutting the street line. A developer shall make a donation to a Shade Tree Fund in lieu of the required plantings. (Ord. #94-16, Appx. A)

Subdivider or developer shall be required to plant such number of trees as shall be necessary, when taking into consideration existing trees, to provide at least one (1) tree in every thirty feet (30') of front yards.

a. Pollution resistant shade trees shall be planted along all public, private streets, undedicated roads, drives and parking areas at intervals not more than thirty feet (30') of curbing or edge of pavement.

b. Reserved.

c. No tree shall be planted less than thirty feet (30') from an existing or proposed street light or street intersection. (Ord. #94-16, Appx. A)

All shade trees to be hereafter planted in accordance with this Ordinance shall be nursery grown, or of substantially uniform size and shape and shall have straight trunks.

a. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this Ordinance.

b. All trees shall be of "Grade A" nursery stock, with a minimum caliper of two and one-half inches (2 1/2") measured one foot (1') from the butt.

**Webmasters Note: The previous sections, 25-1700.37 through 25-1700.38.5, have been amended as per Supplement No. 1.

All trees planted in accordance with the provisions of this Ordinance shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of individual persons desire to plant a tree or trees in a tree well or within the jurisdiction of the City, such person or persons may do so, provided that they conform to the provisions of this Ordinance, and have been authorized to do so by the Shade Tree Commission.

All trees planted pursuant to this Ordinance shall be planted in a dormant state or at other times only subject to the approval of the City Engineer in consultation with the Shade Tree Commission.

Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Shade Tree Commission. In a newly planted area, only one (1) type of tree may be used on a given street, unless otherwise specified.

Street trees shall be planted in accordance with the Standard Specification for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.

The purpose of this section is to regulate the location of landscaping stones. It is recognized that when stones are used in lieu of grass for landscaping purposes they present a potential hazard to the general public if they are located on the sidewalk and curb area. In order to eliminate that potential hazard the following development standards have been developed.

a. No stones shall be located in that area between the sidewalk and curb.

b. Stones shall be permitted in other areas only if they are enclosed by securely anchored treated timber, or other comparable and suitable materials to prevent the stones from getting onto the sidewalk or curb area.

c. Maximum stone size is two inches (2") in diameter.

d. All stone should be placed over a weed barrier fabric and any use of plastic or other impermeable material as a weed barrier is prohibited. (Ord. #94-16, Appx. A)

Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended and subsequently redistributed to areas most exposed to view by occupants and the public; and to areas where landscaped open space is required.

Topsoil moved during the course of construction shall be redistributed to provide at least six inches (6") of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this Section will be considered as being complied with.

No topsoil shall be removed from the site or used as spoil unless topsoil is remaining after all improvements have been installed in accordance with an approved site plan or subdivision map and has been redistributed in accordance with this paragraph.

a. Removal from the site is also bound by provisions of Section 25-1500.10 of this Ordinance.

b. Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of Section 25-1500.1.

c. At least forty-eight (48) hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the City Engineer and Construction Official.

If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a six inch (6") minimum thickness.

The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the City Council, may pay to the City Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the City Engineer equal to the cost of all necessary traffic control devices not installed by the developer.

Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors, and channelizing markers.

a. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, County, and State regulations.

b. Proposed devices shall be according to an approved plan submitted at the time of final plat approval.

Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the City Engineer and approved by the City Council.

All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric and gas distribution, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way in accordance with Figure 11 "Typical Utility Layout" and "Typical Road Section" or in such other configuration as set forth by the approving body, City Engineer, and utility companies where necessary and appropriately coordinated.

a. The installation of all underground utilities shall conform to the regulations of the New Jersey State Board of Public Utilities.

b. Installation of all utilities shall conform to the construction standards of the appropriate utility.

Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in Section 25-1700.13 of this Ordinance.

a. All utility installation shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.

b. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than fifteen feet (15') in width shall be provided and located in consultation with the utility companies and/or City departments concerned.

For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utilities and shall submit to the municipal agency prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this Section; provided, however, that lots in such subdivisions which abut existing streets or public rights-of-way where overhead utility distribution supply lines have theretofore been installed on a portion of the streets involved, may be supplied with service from such overhead lines, or extensions thereof but the service connections from the overhead lines shall be installed underground.

In any event, new building service connections for all multi-family developments, and for any industrial, commercial, or office development containing a floor area of ten thousand (10,000) square feet or more, shall be installed underground. All other new service connections shall also be installed underground unless specific waiver is granted by the Planning Board.

Where a State permit is required for utilities, the applicant shall submit said permit prior to any final approval or issuance of a Building Permit as determined by the Planning Board.

The design and construction approval of all public and individual water supply systems (or extensions of existing systems) shall be under the jurisdiction of the New Jersey Water Company - Shore District Water Service.

a. Satellite Television Antennas shall mean an apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit.

b. The use of satellite television antennas (hereinafter called STA) is permitted in all zones as an accessory use under and subject to the following regulations:

1. No more than one (1) STA is permitted on any residential lot.

2. No STA shall be located in a front yard.

3. STA installation shall be designed to withstand winds of one hundred (100) m.p.h. Prior to the installation of any STA, a certification that the proposed STA can withstand winds of one hundred (100) m.p.h. shall be submitted to the City of Ocean City by a Professional Engineer licensed by the State of New Jersey.

4. The maximum diameter of the STA shall not exceed ten feet (10').

5. Any STA shall be installed in such a manner as to minimize the visibility from the public street by locating the STA in the rear of the lot, and by appropriate screening.

6. No portion of an STA shall exceed the maximum building height restriction for the zone in which it is located; nor shall any portion of an STA encroach into the established side yard or rear yard setbacks for the zone in which it is located.

7. A Building Permit shall be obtained from the Construction Official of the City of Ocean City for installation of any STA.