A. An environmental impact report shall accompany all applications for preliminary major subdivision and preliminary site plan approval for all projects which exceed ten (10) acres in size or those projects deemed to be environmentally sensitive by the municipal agency. Such report shall provide the information needed to evaluate the effects of the project for which approval is sought upon the environment and shall include data as follows;
(1) A project description which shall specify what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.
(2) An inventory of existing environmental conditions at the project site and in the surrounding region, which shall describe air quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archaeology.
(a) Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey.
(b) Soils shall be described with reference to criteria contained in the Soil Survey of Monmouth County, New Jersey, published by the United States Department of Agriculture Soil Conservation Service. [Amended 12-13-1993 by Ord. No. 670]
(3) An assessment of the probable impact of the project upon all topics set forth in Subsection A(2) above.
(4) A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated if appropriate.
(5) A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, such description to be accompanied by necessary maps and schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
(6) A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action, should it be implemented.
(7) A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.
B. When required, twenty (20) copies of the environmental impact report shall be submitted to the municipal agency.
C. The municipal agency shall either approve or disapprove the environmental impact report as part of its underlying function with respect, to site plan review. In reaching a decision, the municipal agency shall take into consideration the effect of the applicant's proposed project upon all aspects of the environment as outlined above, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects. Upon approval by the municipal agency, the environmental impact report shall be marked or stamped "approved" by the Secretary of the municipal agency and shall be designated as the "final environmental impact report."
D. Notwithstanding the foregoing, the municipal agency may, at the request of an applicant, waive the requirement for an environmental impact report, if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirements may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
E. An environmental impact report, as required herein, shall also be submitted for all public or quasi-public projects, unless such are exempt from the requirements of local law or by superseding county, state or federal law.
F. Submission of an environmental impact statement or assessment consistent with the requirements of N.J.S.A. 13:19-1 et seq. and N.J.A.C. 7:7D-1.0 et seq., the Coastal Area Facility Review Act (CAFRA) and the rules and regulations promulgated pursuant thereto will be conclusively deemed to meet the requirements of this section.
[Amended 12-7-1998 by Ord. No. 758]
A. Fences, walls and hedges shall not be located in any required sight triangle or in a public right-of-way. All fences, walls and hedges shall be set back the minimum distances set forth herein, or such greater distances at street intersections, driveways and around street curves as may be necessary using accepted engineering standards to protect the safety and to promote the general welfare of the residents of the borough.
B. Fences, hedges and walls hereafter erected, altered or reconstructed in any zone in the borough shall not exceed six feet in height above ground level except as follows:
(1) Hedges, walls and fences, which are not open fences as defined in this chapter, located in a front yard or within 50 feet of any river, stream or other body of water shall not exceed 30 inches in height, with the exception of residential corner lots wherein a fence shall not exceed six feet and accompanied by decorative planting, along the street side of the fence, may extend from the rear line of the dwelling to the rear line of the property.
(2) In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
(3) On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear of side yard areas and behind the building setback line.
(4) Fences specifically required by other provisions of this chapter and other municipal and state regulations.
(5) Chain link fences are not permitted in residential front yards.
C. All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
D. Razor wire, canvas or cloth fences and fencing construction are prohibited in all zones in the borough.
E. All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
F. All fences must also comply with the provisions of the Uniform Construction Code except where in conflict with the technical provisions of this section.
G. Tennis court fences, baseball and softball backstops and spectator-protective fencing is exempt from the requirements of this section, provided that they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.
H. Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
I. Fences shall be erected in a manner so as to permit the flow of natural drainage, shall not cause surface water to be blocked or dammed to create ponding and shall comply with § 94.5.27.
A. A certificate of occupancy shall not be issued for a new residential structure which is the subject of a major subdivision or site plan, located in an area serviced by Monmouth Consolidated Water Company, unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant which has been tested and approved, as measured down to the center line of connecting public streets, is 600 feet or less.
B. Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distance between fire hydrants.
C. Fire hydrants shall not be placed at the closed end of the turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.
D. The installation of fire hydrants, with respect to any subdivision, shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter, but rather the proper installation of fire hydrants shall be a condition of the issuance of the certificate of occupancy; however, all costs shall be borne by the developer.
E. All fire hydrants installed in the municipality shall have no less than two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch pumper nozzle. All threads are to be in accordance with the specifications of the Fire Department of Shrewsbury Borough. [Amended 12-13-1993 by Ord. No. 670]
F. Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor. [Amended 12-13- 1993 by Ord. No. 670]
A. Underground garages or garages under structures shall be properly lighted.
(1) Roofs of garages may be landscaped or utilized for approved recreation uses, such as but not limited to tennis courts.
(2) The garage shall be designed to be properly drained.
B. A garage which is within the building line of a principal building shall contain not more than 50 parking spaces. [Amended 12-13-1993 by Ord. No. 670]
(1) Private garages which are an integral part of an individual dwelling unit shall not contain more than three parking spaces each, and each parking space shall contain a minimum of 240 square feet of floor area.
(2) A private garage for an individual dwelling unit shall not have access thereto from another dwelling unit or garage.
C. An accessory commercial or industrial building garage shall be fully enclosed and have a full roof covering all parking spaces.
(1) Such garage shall contain at least four parking spaces.
(2) No portion of more than one level shall be above ground.
(3) All levels shall be lighted and properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.
D. No freestanding commercial garage or parking structure shall be placed nearer than 100 feet to a side or rear property line. In no case shall a garage or accessory building be permitted between a street frontage and building.
(1) Garages, whether attached or detached, shall be arranged to open to the side or rear of the lot except fully detached garages, located entirely to the rear of the principal building.
(2) Attached garages shall have a joint capacity of not more than ten (10) vehicles arranged in a row, and there shall be a minimum distance of twenty (20) feet between such structures.
(3) Freestanding garages and other accessory buildings in residential zones shall be no more than one (1) story nor more than sixteen (16) feet in height. [Amended 3-14- 1994 by Ord. No. 675]
(4) The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the main structures.
(5) No part of any garage or other accessory building shall be used for living purposes.
E. All public garages shall have adequate security provisions.
F. Only passenger vehicles, small vans, pickup trucks and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for extended periods.
G. Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.
A. Guardrails, pipe railing or other appropriate barricades, as required by the municipal agency, shall be designed and placed at drainage structures, streams, embankment limits, curries and other required locations.
B. Guardrails shall be standard steel-beam-type with galvanized steel posts in accordance with the standard specification details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.
A. All areas not devoted to structures, parking areas or other required uses shall be appropriately graded, landscaped and maintained in accordance with the landscaping plan approved by the municipal agency and the Borough Engineer.
(1) All nonpaved areas in residential, commercial, industrial, public and semipublic buildings in the area shall be suitably landscaped with lawn, trees, shrubs and other landscape materials. Landscaping plans shall include provisions for watering of landscaped areas. Such methods shall be adequate and acceptable to the Borough Engineer.
(2) In nonresidential zone districts, a minimum of fifteen percent (15%) of the lot or tract area, not including any parking areas or drives, shall be devoted to landscaped open space, which may include existing vegetation.
(a) The exterior perimeter and yards of all buildings shall be properly landscaped and lighted.
(b) The exterior perimeter of all buildings shall include a landscaped strip at least four (4) feet wide, suitably planted with shrubs, trees and ground cover.
(c) Yard areas and open spaces of buildings shall contain the equivalent of at least two (2) shrubs and one (1) shade or ornamental tree of two-inch caliper or greater for each one thousand five hundred (1,500) square feet of yard area, not including areas devoted to parking.
(d) Existing healthy specimen trees may be included in satisfying these requirements.
(3) Whenever possible, natural features will be preserved.
(4) Landscaped areas not dedicated to the borough shall be maintained by and at the expense of the owner(s) or an approved agent thereof.
(5) The landscaping plan should observe the following design principles:
(a) Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north for windbreaks.
(b) Use landscaping to accent and complement buildings. For example, groups of tall trees to break up long low buildings and lower plantings for taller buildings.
(c) Landscaping shall be provided for public areas, recreation sites and adjacent to buildings.
(d) Landscaping plans shall provide for a variety and mixture of plantings. The variety shall consider susceptibility to disease, colors, seasonal interest, textures, shapes, blossoms and foliage.
(e) Local soil conditions and water availability shall be considered in the choice of landscaping. Consideration shall be given in the choice and location of plant materials to screen or create views, to define boundaries between private and common open space, to attenuate noise, to articulate outdoor spaces and to define circulation systems.
(f) With the exception of lawns, planted areas adjacent to hard surfaces should have raised borders or similar structures to prevent soil washing over the adjoining paths.
B. Tracts being developed for the construction of two (2) homes or more shall have a landscaping plan submitted to the municipal agency by the developer.
(1) The plan shall include suitable shade trees on the street side of lot lines spaced not less than thirty (30) feet apart and shall specify the location of planting material, their minimum sizes, quantity, variety and species.
(2) Trees shall meet planting requirements as specified in sections of this chapter relating to the planting of trees.
(3) The plan shall indicate the location of all existing shade trees of six (6) inches or greater caliper, measured three
(3) feet above ground level, and of all existing ornamental trees of three (3) inches or greater caliper, measured one (1) foot above ground level. Trees which are required to be removed shall be noted.
(4) Street trees shall be provided in accordance with § 948.44 of this chapter.
(5) Buffers are to be provided in accordance with § 94-8.6 of this chapter.
(6) Additional trees in single-family subdivisions. Besides screening and street tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the municipal agency at the time of final approval. The number of trees planted shall be not less then ten (10) per acre, calculated on the basis of the entire subdivision tract. The type of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding thirty percent (30%) of the total plantings.
C. Applicants for major subdivision or for site plan approval shall submit landscaping plans designed, prepared and duly signed by a New Jersey certified landscape architect or other authorized licensed professional.
(1) The landscaping plan shall specify the location of planting material, their minimum sizes at time of planting, quantity, variety and species (common names). The landscaping plan shall be forwarded for advice and comment to the municipal agency.
(2) The landscaping plan shall show the location of all existing shade trees of three-inch caliper or greater, measured three (3) feet above ground level, and of all existing ornamental trees of three-inch caliper or greater, measured one (1) foot above ground level, and shall show all trees which are required to be removed.
(3) A minimum of twenty-five percent (25%) of a site plan shall be reserved for landscaping, which shall be reasonably distributed within the area and which shall include suitable shrubbery in a planting strip not less than four (4) feet wide on the front, sides and rear of any building structure. This requirement shall be in addition to requirements set forth in § 94-8.6 for buffer areas and screening.
(4) In parking areas, five hundred (500) square feet within each ten thousand (10,000) square feet shall be landscaped with plant material reasonably distributed in the area. Any landscaping counted within this area shall not be considered as fulfilling the percentage of coverage of landscape requirements of this Article set forth in Subsection C(3) above.
(a) One (1) pollution-resistant shade or ornamental tree, as hereinafter defined, shall be planted for every ten (10) parking spaces. These shall be reasonably distributed in parking areas and in landscaped areas combined with shrubbery. The base of each tree shall be left free of pavement for a diameter of not less than eight (8) feet.
(b) Pollution-resistant shade trees shall be planted along all undedicated roads, drives and parking areas. One
(1) tree is required for each thirty (30) feet of curbing edge of pavement or designated area.
(e) Pollution-resistant trees referred to above shall be selected in accordance with requirements set forth in § 94-8A4 of this chapter.
(d) Areas in which parking is not permitted, pursuant to this chapter, shall be landscaped using trees, shrubs, grass or other plants of suitable size and variety in a plan compatible to the area.
(e) Parking of motor vehicles on landscaped areas, on grass or against trees and shrubbery shall not be permitted in business, commercial, industrial and professional areas.
(f) The use of stone, gravel, brick or similar non-plant material is unacceptable to the regulations of the Shade Tree Commission.
(5) Bases of trees and other landscaped areas shall include suitable ground cover so as to discourage the growth of weeds.
(a) Suitable ground covers include ivy, creeping myrtle and pachysandra.
(b) Material, such as shredded bark mulch, clear hardwood chips and licorice root, shall be placed at least four (4) inches thick.
(6) Nonresidential uses in residential zones shall have landscaping to the extent that the area in lawn or shrubbery shall equal a minimum of fifteen percent (15%) of the maximum floor area of all nonresidential buildings and structures, but in no event less than Subsection CO above.
(7) Any use required by this chapter or requested by a municipal agency to provide a buffer shall comply with the buffer regulations in accordance with § 94-8.6 of this chapter.
(8) In conjunction with all uses other than single-family homes, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands or other required improvements shall be landscaped by the planting of grass or other ground cover acceptable to the municipal agency and a minimum of two (2) shrubs and one (1) tree for each two hundred fifty (250) square feet, of open space.
D. Parking lots shall be landscaped as follows.
(1) An area within the parking area equal to five percent (5%) of the parking area shall be landscaped with trees, shrubs and ground cover.
(2) At least one (1) shade or ornamental tree of two-inch caliper or greater and two (2) shrubs shall be provided for each ten (10) parking spaces. Planting areas shall be at least eight (8) feet in diameter at the base of each tree.
(3) Ground cover shall consist of ivy, creeping myrtle, pachysandra or shredded bark mulch or other similar material acceptable to the municipal agency, at least four
(4) inches deep.
(4) No parking lot shall contain more than twenty (20) spaces in a row in a business, commercial or industrial zone nor more than fifteen (15) spaces in a row in a residential zone. without interruption by a landscaped divider at least eight (8) feet wide.
(5) All parking areas for twenty (20) or more vehicles shall contain grassed or landscaped island areas of at least eight (8) feet in width separating rows of parking spaces.
(a) Such island areas shall be located within the parking area in accordance with the site plan approved by the municipal agency and shall occupy a minimum of ten percent (10) of the area formed by the outer perimeter of the paved parking area.
(b) The island area shall contain a minimum of one (1) shade tree for each four (4) parking spaces along the edge of the parking island and shall be landscaped in accordance with the landscaping plan approved by the municipal agency.
(6) The buffer screen around the parking lots and loading and unloading areas may include fencing of wood, cement or other construction material, provided that not more than twenty-five percent (25%) of the fence is open on its vertical surface. In such cases, evergreens and deciduous trees and shrubs shall be planted along the fence to break up the monotony of the fence.
(7) The required height for a landscaping screen shall be measured in accordance with § 94-8.6C(5).
(8) Sidewalks and paved pathways shall be provided from each parking space or area to the appropriate destination, minimizing the crossing of streets and parking aisles. All pedestrian crosswalks across aisles and streets shall be properly marked with striping or a change in the street paving material.
(9) Parking lots or unloading areas of commercial, business or industrial uses abutting residential uses shall provide landscaped buffer screen at least fifty (50) feet wide on the perimeter of all parking or loading areas.
E. Shade and ornamental trees, shrubbery and other plants to be used for landscaping shall be supplied and installed according to the specifications contained herein. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the standard specifications.
(1) Shade trees shall be of a type and size and in locations approved by the Shade Tree Commission and shall be planted according to its specifications. All such trees must meet the minimum standards of the American Nurserymen's Association.
(2) A list of approved and appropriate species of trees and ground covers may be obtained from the Shade Tree Commission, which list shall include the approved list of the Monmouth County Shade Tree Commission.
(3) As far as possible, each street block in a subdivision shall be confined to one (1) variety or varieties that exhibit similar crown shapes at maturity and have similar growth rates. It is desirable that the other neighboring street blocks differ in the variety used.
(4) Trees shall not be less than two (2) to two and one-half (2 1/2) inches in caliper, measured twelve (12) inches above the butt and not less than twelve (12) feet high. They must be well branched, the branches to start not less than six (6) feet from the crown of the root system.
(5) When authorized by the Shade Tree Commission, ornamental trees may be planted instead of shade trees. They may be of a smaller size than shade varieties.
(a) These trees shall be not less than one and three-fourths (1 3/4) inches in caliper, measured twelve (12) inches above the butt, nor less than eight (8) feet high.
(b) They must be well branched, the branches to start not less than three (3) feet from the crown of the root system.
(6) All trees must be planted in the location approved by the Shade Tree Commission.
(a) Large-growing shade trees shall be located not closer than five (5) feet from the edge of the existing or future sidewalks on the property owner's side adjacent thereto, in a place which shall not interfere with utilities.
(b) Trees are to be no less than twenty-five (25) feet from intercepting curbs at street corners and not more than thirty (30) feet apart.
(c) Excavations for plantings must be not less than eighteen (18) inches deep and not less than thirty (30) inches in diameter. A seepage area shall be provided by loosening the soil to a depth of one (1) foot below the excavation.
(d) Planting soil shall be composed of one (1) part peat, one (1) part humus and one (1) part of parent soil (all mixed thoroughly) to which shall be added and mixed in two (2) pounds of bone meal or its equivalent.
(e) Each tree shall be given a minimum of five (5) gallons of water at the time of planting.
(f) Staking and guying for trees, subject to this chapter, shall be white or red cedar, oak or locust treated with an acceptable wood preservative and must be five (5) feet above ground and not less than two (2) inches in diameter.
[1] At least two (2) stakes must be driven securely into the ground, one (1) preferably on the northwest side of the tree trunk and at least one (1) opposite.
[2] Trees shall be guyed with wire padded with rubber hose or plastic straps.
(7) Notice must be given to a member of the Shade Tree Commission three (3) days prior to the start of planting in order that the Council may inspect the stock for variety, condition, size and quality. All work shall be in accordance with specifications of the Shade Tree Commission.
(8) The varieties or species of shrubbery and other plants selected for landscaping and screening shall be subject to the approval of the Shade Tree Commission. Evergreen plantings may, be interspersed with or placed with appropriate deciduous plantings.
(9) All plantings must be at least the maximum mature plant distance from the foundation, wall or fence, but not less than two (2) feet therefrom.
(a) One (1) evergreen is required for each five (5) feet of the foundation wall or fence, including side surfaces or projecting porches or steps.
(b) Rear exposure may be exempted under circumstances as determined by the Shade Tree Commission.
(c) Varieties will be selected and specified as appropriate to sun and Wind exposures and will be suitable in mature size for the location to be planted.
(d) Excavations for each plant shall comply with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
(10) Planting soil in the excavation shall comply with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended. Fertilizer should be applied in an amount in conformance with said specifications.
(11) There shall be no pieces or chunks of plaster, mortar or other lime-containing material or loose lime around foundation plantings or other planting areas.
(12) Each evergreen and deciduous shrub planted shall be mulched with clear hardwood chips or ground pine bark or other material approved by the municipal agency, four (4) inches deep out to the branch tips with two (2) days after planting.
F. Topsoil protection shall be enforced according to requirements of § 94-8.46 of this section. Where necessary, topsoil temporarily stored shall be stabilized in conformance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
G. No material or temporary soil deposits shall be placed within six (6) feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree and protected at the drip line with erection of protective snow fencing.
H. Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove. including grubbing out stumps, all undesirable trees and other growth.
(1) No tree of eight-inch caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the municipal agency.
(2) The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide cleared, graded and drained pathways approximately four (4) feet wide through all public or quasi-public open space in heavily wooded areas.
(a) Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed.
(b) These pathways are not intended to provide improved walkways, but only to provide easy access through open space areas.
I. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the Borough Engineer and municipal agency. All roadway slopes steeper than one (1) foot vertically to three (3) feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.
J. Removal of all planting debris is required. The property must be left in neat and orderly condition in accordance with good and accepted planting practices.
(1) All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law.
(2) No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development.
(3) All dead or dying trees, standing or fallen, shall be removed from the site.
(4) If trees and limbs are reduced to chips, they may, subject to the approval, of the Borough Engineer, be used as mulch in landscaped areas.
K. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of § 94-8.21B(6) and C(8), provided that:
(1) Each three (3) items of salvaged and/or relocated plant material shall be considered equivalent to two (2) items of new plant material;
(2) All such salvaged and/or relocated plant material shall be of a type, size and quality acceptable to the Borough Engineer;
(3) All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using equipment, methods and materials conforming to the requirements of the standard specifications and subject to the approval of the Borough Engineer; and
(4) The developer has received the approval of the Borough Engineer in consultation with the Shade Tree Commission of the items to be relocated and the schedule and methods of relocation prior to any work or salvaging and/or relocation taking place.
L. A developer shall not be permitted to excavate land or remove trees, shrubs and other plantings from a proposed building site or tract of land to be subdivided or other undeveloped land on which an application is pending before the municipal agency without prior consultation with the Shade Tree Commission to ensure that only that which is absolutely necessary for a complete application is removed; and in any event, no more than ten percent (10%) of the existing vegetation may be removed to facilitate preliminary engineering associated with an application by the developer to the Planning Board or Board of Adjustment. [Amended 12-13-1993 by Ord. No. 670]
(1) The developer shall file a performance guaranty with the borough sufficient in amount to equal the cost to the borough to install any new landscaping that may be required. The guaranty shall be posted before a certificate of occupancy is issued and shall be released only after expiration of a twelve-month period following certification by the Borough Engineer and Shade Tree Commission that the total landscaping plan has been completed.
(2) A certificate of occupancy shall not be issued by the Building Inspector until all requirements of this chapter have been met.
M. Landscaped areas and sections, including trees, shrubbery, fences and the grounds in and surrounding these sections, shall be properly maintained throughout the twelve-month period following certification, with recourse by the borough to the performance bond in the event of default by the developer or owner. All plantings which fail to survive for a period of twelve (12) months following certification shall be replaced by the developer at no cost or expense to the borough or the Shade Tree Commission. Such replacement shall be made within sixty (60) days following written demand for such replacement from the Shade Tree Commission or within such extended periods as may be specified. If the developer refuses to do so, the borough shall have recourse to the performance bond to remedy his default.
N. The municipal agency, after favorable recommendation by the Borough Engineer and Environmental Commission and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions and/or may require supplementary plantings.
