§ 16-617 FIRE HYDRANTS.

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 four hundred (400') 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 four hundred (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 Certificate of Occupancy; however, all costs shall be borne by the developer.

E. Flow Capacity Classification.

1. All fire hydrants shall be classified as follows:

a. Class A: flow capacity greater than one thousand (1,000) gallons per minute.

b. Class B: flow capacity of five hundred (500) gallon per minute.

c. Class C: flow capacity of less than five hundred (500) gallons per minute.

2. Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on twenty (20) pounds per square inch of residual pressure when initial pressures exceed forty (40) pounds per square inch. When initial pressures are less than forty (40) pounds per square inch, residual pressure shall be at least half of the initial pressure.

F. All fire hydrants shall be painted in accordance with the standards of the Middletown Township Department of Public Works or the following schedule: The tops of nozzle caps shall be painted the color indicated for each of the following classes:

G. All fire hydrant barrels will be painted with white fluorescent paint.

H. All fire hydrants installed in the Municipality shall have no less than two 2-1/2 inch hose connection nozzles and one 4-1/2 inch pumper nozzle. All threads are to be in accordance with the specifications of the Fire Department of Middletown Township.

I. Hydrants shall be set plumb with nozzles eighteen (18") inches above the ground or, where they are to be placed in hose houses, eighteen (18") inches above the floor.

§ 16-618 FLOODPLAINS.

Site plan and subdivision layouts shall comply with the following:

A. No structure or parking areas including but not limited to commercial business and residential buildings, or fill, will be allowed within thirty (30') feet of the existing ponds, lakes, floodways, streams, wetlands, marshlands, or riparian lands.



B. Any other resource protection area, as herein defined, including but not limited to marshlands (areas wherein standing water is retained for twenty-four (24) or more consecutive hours and to which vegetation unique to marshes, swamps, or wetlands has become adapted) and areas where conservation is required, shall not be encroached upon if, in the opinion of the Township Engineer, through consultation with the Shade Tree Committee and Environmental Commission, encroachment or construction upon such resource area will constitute a hazard to existing drainage patterns and balance of the natural environmental systems within and adjacent to the area of the site.

C. Where a floodplain encroachment permit is required, design shall comply with Sections 16-940 and 16-527.

§ 16-619 GARAGES.

A. Commercial Garages.

1. Underground garages shall be properly lighted and equipped with firefighting devices, with mechanical or other ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one (1) part in ten thousand (10,000) (0.01 percent) or the concentration of gasoline vapors in excess of twenty (20%) percent of the lower explosive limit.

a. Garages located under a principal or accessory building shall have an automatic fire alarm system and a ceiling or protected construction of not less than one and one-half (1-1/2) hour fire resistance.

b. Roofs of garages may be landscaped or utilized for approved recreation uses such as, but not limited to, tennis courts.

c. The garage shall be designed to be properly drained.

2. A garage which is within the building line of a commercial building shall contain not more than fifty (50) parking spaces. Such shall be lighted, equipped with fire extinguisher, shall have a ceiling height of at least ten (10') feet, and shall be equipped with heat and smoke detector and with natural and mechanical ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one (1) part in ten thousand (10,000) (0.01 percent) or the concentration of gasoline vapors in excess of twenty (20%) percent of the lower explosive limit.

3. An accessory commercial or industrial building garage shall be fully enclosed and have a full roof covering all parking spaces.

a. Such garage shall contain at least four (4) parking spaces.

b. No portion of more than one (1) level shall be above ground.

c. All levels shall be lighted, properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.

4. No freestanding commercial garage or parking structure building shall be placed nearer than one hundred (100') feet to a side or rear property line. In no case shall a commercial garage or parking structure be permitted between a street frontage and commercial building.

5. All garages shall have adequate security provisions.

6. 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.

7. Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.

8. Underground, structured garages or grouped parking facilities for nonresidential uses shall be subject to the applicable regulations of the Zoning Ordinance including requirements for ventilation, lighting, and safety.

B. Residential Garages.

1. Any portion of a garage located under a principal or accessory building shall have a ceiling of protected construction of not less than one and one-half (1 1/2) hour fire resistance.

2. Private garages which are an integral part of an individual dwelling unit or which are within a building accessory to a single family detached dwelling shall be subject to the following requirements.

a. Each parking space shall contain a minimum of two hundred forty (240) square feet of floor area.

b. On any lot developed for single family use which is forty-five thousand (45,000) square feet or more in lot area, private garage space may be provided for not more than five (5) motor vehicles.

c. On any lot developed for single family use which is less than forty-five thousand (45,000) square feet, private garage space may be provided for not more than three (3) motor vehicles.

d. Within a private garage which is integral to an individual dwelling unit in a multi-family building, space may be provided for not more than two (2) motor vehicles.

3. A private garage for an individual dwelling unit shall not have access thereto from another dwelling unit or garage.

4. 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.

5. Detached garages and other accessory buildings shall be no more than one (1) story and sixteen (16') feet in height to the peak roof line.

6. 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.

7. No part of any garage or other accessory building shall be used for living purposes.

§ 16-620 GASOLINE STATION CANOPIES.

A. Gasoline station canopies are permitted on all existing or proposed gasoline stations.

B. In no case shall any gasoline station canopy project beyond a property line.

C. Where a gasoline station abuts any residential use, no portion of a canopy shall be placed within five (5') feet of the property line.

D. Signs attached to gasoline station canopies shall comply with the provisions of Section 16-635, Signs.

§ 16-621 GUARDRAILS.

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 Construction Details.

1. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.

§ 16-622 LANDSCAPING AND SHADE TREES.

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.

1. All non-paved areas in residential, commercial, industrial, public and semi-public 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 Township Engineer.

2. In nonresidential zone districts, a minimum of fifteen (15%) percent 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 for each one thousand five hundred (1500) 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 Township 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 wind breaks.

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 define circulation systems.

f. With the exception of lawns, planted areas adjacent to hard surfaces should have wooden edges, 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 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") inch 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 Section 16-645 of this Chapter.

5. Buffers are to be provided in accordance with Section 16-606 of this Chapter.



6. Additional trees in single-family subdivisions and multi-family developments: 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 time of final approval. The number of trees planted shall be not less than 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 (30%) percent of the total plantings.

C. Applicants for major subdivision or for site plan approval shall submit a landscaping plan for approval by the Municipal Agency which plan shall be designed, prepared, and duly signed and sealed by an architect, engineer, or certified landscape architect licensed under the applicable laws of the State of New Jersey.

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 Township Engineer's office and Shade Tree Advisory Committee.

2. The landscaping plan shall show the location of all existing shade trees of six (6") inches caliper or greater, measured three (3') feet above ground level, and of all existing ornamental trees of three (3") inches 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 fifteen (15%) percent 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.

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 paragraph 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.

c. Pollution-resistant trees referred to above shall be selected in accordance with requirements set forth in Section 16-645 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.

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. Non-plant 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 (15%) percent of the maximum floor area of all nonresidential buildings and structures, but in no event less than paragraph 3 above.

7. Any use required by this Chapter or requested by the Planning Board to provide a buffer shall comply with the buffer regulations in accordance with Section 16-606 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 in a manner acceptable to the Municipal Agency.

D. Parking lots of five (5) or more space shall be landscaped as follows:

1. An area within the parking area equal to five (5%) percent of the parking area shall be landscaped with trees, shrubs, and ground cover.

2. At least one (1) shade or ornamental tree 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 (10%) percent 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 (25%) percent 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 relation to the elevation of the land at the edge of the adjacent area or structure to be buffered.

a. In such cases as the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area to be buffered, the required height of the screen shall be increased in an amount equal to the difference in elevation.

b. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area to be buffered, the required height of the screen may be reduced to the amount equal to said difference in elevation provided that in no case shall the required height be reduced to less than three (3') feet.

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, access 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 a 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 as shown on the landscape plan approved by the Municipal Agency 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 appropriate species of trees and ground covers may be obtained from the Shade Tree Advisory Committee 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 three (3") inch 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 Municipal Agency 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 two (2") inch 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 Municipal Agency.

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 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 three (3) stakes must be driven securely into the ground, one preferably on the northwest side of the tree trunk.

(2) Trees shall be guyed with wire padded with rubber hose or plastic straps.

(3) It shall be the responsibility of the developer to remove the stakes and guying within twenty-four (24) to thirty (30) months after planting.

7. Removal of all planting debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting practices.

8. Notice must be given to the Township Engineer's Office three (3) days prior to the start of planting in order that the stock may be inspected for variety, condition, size, and quality. All work shall be in accordance with specifications of the Township Engineer's Office.

9. The varieties or species of shrubbery and other plants selected for landscaping and screening shall be subject to the approval of the Municipal Agency. Evergreen plantings may be interspersed with or placed with appropriate deciduous plantings.

10. 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 Municipal Agency.

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.

11. 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 the said specifications.

12. 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.

13. 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 within two (2) days after planting.

F. Topsoil protection shall be enforced according to requirements of Section 16-647 of this Chapter. 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.

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 (8") 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 situated so as 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 Township 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 Township 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 Section 16-622.B.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, and;

2. All such salvaged and/or relocated plant material shall be of a type, size, and quality acceptable to the Township Engineer, and;

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 Township Engineer, and;

4. The developer has received the approval of the Township Engineer 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 Planning Board or Board of Adjustment, until a landscaping plan has been approved by the Municipal Agency, except that ten (10%) percent of the trees and plantings of any tract may be removed to facilitate preliminary engineering associated with an application by the developer to the Planning Board or Board of Adjustment.

M. Applicants or developers of any tract of land or building site shall be required to post a performance bond to cover the cost of the landscaping.

1. The amount of the performance bond shall be set by the Township Engineer and posted with the Township Committee.

2. It shall be posted before a Certificate of Occupancy is issued and shall be released only after expiration of a twelve (12) month period following certification by the Township Engineer that the total landscaping plan has been completed.

3. A Certificate of Occupancy shall not be issued by the building inspector until all requirements of this Chapter have been met.

N. Landscaped areas and sections, including trees, shrubbery, fences, and the grounds in and surrounding these sections, shall be properly maintained throughout the twelve (12) month period following certification, with recourse by the Township 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 Township. Such replacement shall be made within sixty (60) days following written demand for such replacement from the Township Engineer, or within such extended periods as may be specified. If the developer refuses to do so, the Township shall have recourse to the performance bond to remedy his default.

O. All trees, shrubbery, and other plants which fail to survive for a period of twelve (12) months following certification shall be replaced by the builder at no cost or expense to the Township. Said replacement shall be made within sixty (60) days following written demand for such replacement from the Township Engineer, or within such extended periods as may be specified.

P. The Municipal Agency, 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.