a. No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer.

b. No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.

c. The developer may retain throughout the course of construction a registered New Jersey Professional Engineer to supervise the implementation of the approved subdivision or site design and to make periodic reports to the Borough as well as to the developer regarding conformance of the construction with the requirements of final approval.

d. If the developer proposes to retain someone other than the engineer who prepared the final plat to supervise construction, he shall notify the Borough Engineer and the Administrative Officer of the name, address and license number of the engineer retained. If at any time during the course of construction the developer elects or is required to replace the responsible engineer and/or employ additional engineers, he shall likewise notify the Borough Engineer and the Administrator Officer.

e. The supervising engineer shall immediately notify the Borough Engineer of any deviation (observed or proposed) from the requirements of final approval and/or this Chapter.

f. At regular intervals during the course of construction, but not less often than at monthly intervals, the supervising engineer shall submit to the Borough Engineer a report listing his observations of the work undertaken during the reporting period, specifically noting any deviation from the requirements of final approval and/or this Chapter and listing those improvements expected to be undertaken during the next reporting period. The developer shall accompany any request for acceptance of public improvements and/or release of performance guarantees with a certification by the responsible engineer attesting to the completion of the improvements in full conformance with the requirements of final approval and this Chapter and/or specifically noting any deviation therefrom.

(Ord. #686, S 13-7.5)

a. Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this Chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule under Subsection 25-3.4, paragraphs l., m. and n., of this Chapter. Said amount shall-be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate Municipal officials and other qualified persons to provide all necessary administrative and engineering services. No portion of any fee shall be returned nor shall any additional fee be imposed if the actual cost of administrative and engineering services shall be less or greater than the monies received.

b. Inspection Notice. All required improvements except those utility improvements which are not the responsibility of the Borough shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least five (5) days prior to the initial start of construction and again twenty-four (24) hours prior to the resumption of work after any idle period exceeding one (1) working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Borough Engineer in all other cases.

c. Modification of Improvements. Any time, whether as a result of his inspection of work underway or otherwise, the Borough Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the Municipal Agency of his recommendations. The Municipal Agency shall, if it considers such modifications to be major, or if requested by the developer or Borough Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the Agency takes no formal action within thirty (30) days of such recommendations, or where the developer has not requested formal Municipal Agency action, its approval will be assumed. Similarly, the Municipal Agency may grant or deny the developer permission to effect such modification upon his application and the Borough Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the Administrative Officer for distribution.

d. General Inspection Requirements. All improvements, except as otherwise provided, shall be subject. to inspection and approval by the Borough Engineer. No underground installation shall be covered until inspected and approved by the Borough Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera as may be deemed necessary by the Borough Engineer, and charges for such work will be paid for by the developer.

e. Inspection Not Acceptance. Inspection of any. work by the Borough Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to Borough specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances such as the effect of the weather, other construction, changing condtions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted- until release of the performance guaranty.

f. Payment to Contractors. No developer shall enter into any contract requiring the Borough Council, the Borough Engineer, or any of their agents, employees or other representatives to make any declarations, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the Borough Council, the Borough Engineer nor any of their agents, employees or representatives shall make any such declaration.

g. Procedure on Acceptance of Public Improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Borough regulations, standards and specifications, and desires the Borough to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Borough Council, with copies thereof to the Borough Engineer, request the Borough Engineer to make a semi-final inspection of the said improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities such as french drains, combination drains, sanitary sewage disposal systems, both public and individual water lines and control valves, gas lines, telephone conduits, monuments, iron property markers, and any other utilities or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed. New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. The as-built plan(s) shall be submitted on reproducible media.

(Ord. #'686, S 13-7.6)

a. It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include but are not limited to the following:

1. Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Moveable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.

2. The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.

3. Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining streets and properties.

4. Construction equipment, materials and trucks shall not be stored within one hundred fifty (150') feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.

5. Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.

6. Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.

7. Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted.

8. All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

9. Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

10. Whenever construction activities take place within or adjacent to any traveled way, or, interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, will be erected and maintained by the developer.

b. Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the Borough may, on five (5) days written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the full ten (10%) percent cash balance or his performance guaranty will be held to be void and the Borough may take action as if final plat approval had not been obtained.

c. The Construction Official shall, upon receiving notice from the Borough Engineer that a developer is in violation of this section, suspend further issuance of Certificates of Occupancy and building permits and may order cessation of work on any outstanding permits.

(Ord. #686, S 13-7.7)

a. No permanent Certificate of Occupancy shall be issued for any use or building until all required improvements are installed and approved by the Borough Engineer or other appropriate authority.

b. No temporary Certificate of Occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Borough Engineer or other appropriate authority shall have, where applicable, certified to the following:

1. Utilities and Drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.

2. Street Rights-of-Way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope retaining devices or slope planting shall have been installed.

3. Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.

4. Streets. Curbing, and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.

5. Curbing and Parking Areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.

6. Obstructions. All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposure with bituminous concrete as directed by the Borough Engineer.

7. Screening, Fences and Landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the Borough Engineer, upon the advice of the Municipal Agency, shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.

8. Site Grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.

9. On-Site Wells. All on-site wells have been installed, tested and approved by the Board of Health.

10. On-Site Sanitary Disposal System. All on-site sanitary disposal systems shall have been installed and approved by the Board of Health.

11. Public Water Supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.

12. Lighting. All outdoor lighting shall have been installed and shall be operational.

13. Street Signs and Traffic Control Devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building or use, and required under the terms of approval of a subdivision or site plan or by Federal, State, County or municipal rules, regulations or laws, shall have been installed.

14. Other. Any other conditions established for issuance of a Certificate of Occupancy by the Municipal Agency as a condition of final site plan approval shall be complied with.

c. Temporary Certificates of Occupancy shall be issued for a specified period of time, not to exceed one (1) year, and the applicant shall post a cash guarantee with the Borough in an amount equal to the Borough's cost, as estimated by the Borough Engineer, of constructing; all uncompleted improvements, prior to the issuance of any such temporary Certificate of Occupancy.

(Ord. #686, S 13-7.8)

A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Borough Council and/or approval of site improvements by the Borough Engineer. The developer may elect to furnish such maintenance guarantee either by (1) maintaining on deposit with the Borough the ten (10%) percent cash or certified check portion of the performance guarantee provided in accordance with Subsection 25-7.1 of this Chapter or (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Borough Attorney and Borough Council in an amount equal to fifteen (15%) percent of the total performance guarantee provided in accordance with Subsection 25-7.1. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two (2) years. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two (2) years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on ten (10) days written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Borough, which has been expended to repair or replace any unsatisfactory improvements. (Ord. #686, S 13-7.9)

a. General. All improvements shall be installed in complete accordance with the standards of this Chapter, with other particular specifications approved by the Municipal Agency and Borough Engineer and with all other applicable municipal, County, State and Federal regulations. Should improvements be required which are not provided for within the particular sections of this Chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards. The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance. Prior to the initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the Municipal Agency and Borough Engineer.

b. Standard Specifications and Construction Details. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this Chapter, by the approved final plat, by particular agreement among the Municipal Agency, Borough Council and subdivider or by other applicable municipal, County, State or Federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are made a part of this Chapter by reference and will not be herein repeated. It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the Borough Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirements of this Chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, County, State or Federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the Borough adopt, subsequent to the effective date of this Chapter, particular and specific Standard Construction Details for the Borough, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.

(Ord. #686, S 13-8.1)

a. Objectives. All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the Borough. Where either or both an Official Map or Master Plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plans and subdivision plats. Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with C. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.

b. Responsibility for Design. Within the criteria established by and subject to the review and approval of the Municipal Agency, all design of a site plan or subdivision is the responsibility of the developer and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design. The standards set forth in this Chapter shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein. The responsibility of the Municipal Agency shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this Chapter and the Borough Master Plan. The Municipal Agency may employ professionals in various disciplines to advise and assist it in its determinations. Any decisions of the Municipal Agency regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Chapter, shall be deemed conclusive.

c. Design Data. To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies nd traffic projections, surveys, reports and similar design data. Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the Municipal Agency and its employees and professional consultants, for the purpose of reviewing the proposed design. Should the Municipal Agency determine that the design data submitted is not sufficient for the purpose of completing-a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary. Until the applicant supplies such information, no submission under the provisions of this Chapter shall be termed complete. Nothing contained herein shall be interpreted to prevent the Municipal Agency from making or causing to be made such independent. studies, calculations or other undertakings as it deems necessary in the review of any application for development.

d. Design Standards. When a developer determines that. it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Borough Engineer prior to beginning his detailed deign, for review and approval of his proposed design standards. Standards utilized should generally be rationally recognized and in common use in this area. Design standards may not be utilized if they do not have the approval of the Borough Engineer.

e. Waiver of Requirements. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein. The Municipal Agency may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit. Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.

(Ord. #686, S 13-8.2)

a. The block length, width, and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this Chapter and to provide for convenient access, circulation control, and safety of vehicles and pedestrians.

b. Block lengths may vary between four hundred (400') feet and two thousand (2,000') feet but blocks along other than local or collector streets shall not be less than one thousand (1,000') feet long.

c. Interior crosswalks with a right-of-way twenty (20') feet wide containing a sidewalk of four (4') feet or greater in width and fenced on both sides may be required for blocks longer than one thousand (1,000') feet, from the ends of the cut-de-sacs to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.

(Ord. #686, S 13-8.3)

a. Buffer Areas. All uses, other than single family detached and two (2) family detached dwellings and their accessory uses (except as otherwise provided in this Chapter), shall provide fifteen (15') foot wide buffer areas along all side and rear property lines which abut areas zoned residentially or used for residential purposes (including single family detached and multi-family dwellings) and along front property lines on local or collector streets which abut areas zoned or used for such residential uses.

1. If a home professional office, home occupation or an accessory use to a single family detached dwelling requires five (5) or more off-street parking spaces, the Municipal Agency shall consider the need for a buffer area and may require that buffer areas of fifteen (15') feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking.

2. If a proposed single family detached subdivision abuts a collector or arterial highway or an area zoned for or occupied by other uses, the Municipal Agency shall consider the need for buffer areas and may require:

(a) That a buffer strip not exceeding fifty (50') feet in width be provided and maintained in its natural state and or suitably planted with screening and landscaping, or

(b) That the adjacent lots front on an interior street and have a depth of at least two hundred (200') feet with suitable screening and landscaping planted at the rear, or

(c) That other suitable means of separation be provided.

3. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

4. No structures, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the Municipal Agency, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided.

b. Screening. Within buffer areas required by paragraph a. above, there shall be provided screening in accordance with the following:

1. All planted materials shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Evergreen trees and/or shrubs shall be of a type, acceptable to the Municipal Agency and shall generally conform to the type categories shown on a list of suggested trees and shrubs available from the Administrative Officer (the designations Type A, B, etc. refer to such list).

2. Where all proposed structures, drives, parking areas and other improvements on the site being developed are at least thirty-five (35') feet from the property line abutting a residential zone or use, the required screening shall be:

(a) At least ten (10') feet wide.

(b) Planted with one of the following:

(1) A single row of Type A evergreen trees on six (6') foot centers having a planted height of at least six (6') feet. (See Figure IV.)

3. Where all proposed structures, drives, parking areas and other improvements, on the site being developed, are at least thirty-five (35') feet from a property line abutting a residential zone or use and where the Municipal Agency determines that only screening of moderately sized parking areas (not exceeding 25 vehicles) or screening of other site improvements of moderate height is indicated, the required screening shall be:

(a) At least fifteen (15') feet wide.

(b) Planted with upright or spreading Type C evergreen shrubs with an "as planted" height and spread of at least three (3') feet, on five (5') foot centers in two (2) staggered rows five (5') feet apart, centered in the fifteen (15') foot strip (see Figure VI).

(c) The Municipal Agency may require that the Type C shrubs be replaced by or be supplemented with barrier type plantings where required.

4. All other screening strips, not conforming with paragraphs 2. and 3. above shall be:

(a) At least fifteen (15') feet wide.

(b) Planted with one of the following:

(1) A double staggered row of Type A evergreen trees, on ten (10') foot centers, with rows seven (7') feet apart, having an "as planted" height of at least six (6') feet (see Figure VII).

(2) A double staggered row of columnar or pyramidal Type B evergreen trees, on five (5') foot centers, with rows of six (6') feet apart, having an "as planted" height of at least five (5') feet (see Figure VIII).

(3) A combination of Type A evergreen trees, pyramidal or columnar Type B evergreen trees and upright or spreading; Type C evergreen shrubs approximately equivalent in density to the screening strips described above and acceptable to the Municipal Agency.

(c) When the Municipal Agency determines it to be necessary or desirable, supplemented with suitable barrier type plantings in order to create an obstruction to physical passage in addition to a visual barrier.

(1) A single row of pyramidal and columnar Type B evergreen trees on three and onehalf (3 1/2') foot centers, having a planted height of at least five (5') feet. (See Figure V.)

(2) A combination of Type A evergreen trees, pyramidal-or columnar Type B evergreen trees and upright or spreading Type C evergreen shrubs approximately equivalent in density to the screening strips described above and acceptable to the Municipal Agency.

(d) When the Municipal Agency determines that it is necessary or desirable, supplemented with suitable barrier type plantings such as Laland Firethorn (pyracantha coccinea laland), Wintergreen Barberry (Berberis julianae) or Oregon Hollygrade (Mahonia Aquifolium) in order to create an obstruction to physical passage in addition to a visual barrier.

(e) When the Municipal Agency determines it desirable, arranged with a six (6') foot high timber stockade fence along the outside of the required screening strip (in accordance with Subsection 25-8.14) prior to commencing construction on the site. In such case, the required height of all plant material may be reduced by one third (33.3%) percent. The timber stockade fence shall be maintained in good condition by the developer as long as it exists or until such time as the evergreen trees have grown to a minimum height of ten (10') feet at which time, the developer may remove the stockade fence in lieu of maintaining it.

5. Where suitable trees exist within a screening area, they should be retained and supplemented with shade tolerant evergreen trees to provide the equivalent of the required screening as determined by the Municipal Agency.

6. The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Municipal Agency may require the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location at which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Municipal Agency may permit the height of trees planted in the required screening strips to be decreased by an amount equal to one-half (1/2) the difference in elevation, except that in no case, shall the required height be reduced to less than four (4') feet.

7. All trees in a screening area shall be watered as required through the first growing season. The developer shall construct a six (6") inch deep saucer around each tree to hold water and fill with woodchips or suitable mulch. Trees shall be nursery grown, balled and burlapped, shaped, of the required height and planted according to accepted horticultural standards.

8. At the following locations within required screening areas, Type D evergreen shrubs with a maximum mature height of thirty (30") inches or less, approved by the Municipal Agency as to specie, location and spacing, shall be provided in lieu of the evergreen trees specified above:

(a) Within sight triangle easements.

(b) Within twenty-five (25') feet of intersections where sight triangle easements are not provided.

(c) Within twenty-five (25') feet of access drives.

9. Waiver. The Municipal Agency, after favorable recommendation by the Borough Engineer, 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.

c. Landscaping.

1. Topsoil Preservation. No topsoil shall be removed from the site or used as spoil, except excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this paragraph. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four (4") inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four (4") inch minimum thickness. 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 Borough Engineer and Construction Official.

2. Protection of Trees. 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.

3. Removal of Debris. All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. 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.

4. Slope Plantings. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion, 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.

5. Selective Thinning. 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. 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. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide easy access through open space areas.

6. Additional Trees in Single Family Subdivisions. Besides the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance wth a planting plan approved by the Municipal Agency 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 variety 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.

7. Additional Landscaping for Uses Other Than Single-Family. 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.

8. Trees shall be planted with a minimum diameter of two (2") inches breast high.

9. Waiver. The Municipal Agency, after favorable recommendation by the Borough Engineer and Environmental Commission, if established, 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.

10. Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications.

11. Landscaping Plan. The placement of landscaping shall be in accordance with a landscaping plan submitted with the final plat.

12. Relocated Plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of paragraphs c.6 and c.7, provided that:

(a) Each three (3) items of salvaged and/or relocated plant material shall be considered equivalent to two (2) items of new plant material, and

(b) All such salvaged and/or relocated plant material shall be of type, size and quality acceptable to the Borough Engineer, and

(c) All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the Borough Engineer, and

(d) The developer has received the approval of the Borough Engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.

d. Shade Trees.

1. In each subdivision of land, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type approved by the Department of Public Utilities and the Borough Engineer at a maximum distance of fifty (50') feet between trees. The minimum distance between such trees planted shall be forty (40') feet. Planting sites shall be indicated on the final plat. Such plantings shall not be required within sight easements as required elsewhere herein.

2. All trees planted in accordance with the provisions of this section 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 Borough Department of Public Utilities, such person or persons may do so, provided that they conform to the provisions of this Chapter, and further provided that permission of the said Department of Public Utilities is obtained.

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

4. All trees planted pursuant to this Chapter shall be planted in a dormant state or at other times only subject to the approval of the Department of Public Utilities.

5. 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 Department of Public Utilities. In a newly planted area, only one (1) type of tree may be used on a given street, unless otherwise specified.

6. A hole in which a tree is to be planted shall be in each case, one-third (1/3) larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one (1) year.

7. All shade trees shall be planted in accordance with the landscaping requirements of the Standard Specifications.

(Ord. #686, S 13-8.4)