a. Landscaping for all building lots and yards shall be as follows.

1. Landscaping Coverage. All of the lot area not covered by buildings, parking areas, driveways, sidewalks and other impervious surfaces shall be landscaped with vegetative land cover. Landscaping shall include appropriate plant materials as well as open areas covered with grass and/or ground cover.

2. On-Site Trees. For each twenty-five (25) feet of lot width in a required front yard adjacent to a public street, there shall be at least one (1) free planted with a minimum of two (2) to two and one-half (2 1/2) inches in caliper and eight (8) feet in overall height at the time of installation. However, the following free varieties may not be planted and are prohibited:

Bradford Pear/Pyrus calleryana 'Bradford'

Empress Tree/Paulownia tomentosa

Tree of Heaven/Ailanthus altissima

White Poplar and Lombardy Poplar/Populus alba and Populus nigra

Russian Olive

Siberian Elm

Amur Maple

Silver Maple

Norway Maple

Where more than one (1) tree is required, such trees may be planted in appropriate clusters or groups. Trees shall be mulched with at least two (2) inches of bark mulch or other material commonly used for the purpose. If the front yard is greater than ten (10) feet in depth, any required trees shall be planted in the front yard, otherwise required trees may be planted within the side and/or rear yards. No trees shall be required where no yard has a depth greater than ten (10) feet.

3. Special Guidelines for Large Format Retail and Shopping Centers. The following guidelines shall apply for large format retail and shopping center developments in addition to the above requirements.

(a) Trees shall be planted thirty-five (35) feet apart along public streets within the property lines and in the public right-of-way against the curb between the site's lot line and the curb unless specifically prohibited by the City of Newark Engineering Department. Trees shall also be planted along the length of internal pedestrian walkways which conform to the requirements of Section 38:10-41a,2 in addition to the parking landscape requirements.

(b) There shall be a minimum impervious surface area of approximately twenty five (25) square feet per free.

(c) A minimum eight (8) foot wide landscaped area shall be provided along the edge of a site where parking areas are adjacent to a public street.

4. On-tract trees shall be planted thirty-five (35) feet apart along public streets in the public right-of-way against the curb between the site's lot line and the curb unless specifically prohibited by the City of Newark Engineering Department.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A)

a. Landscaping for parking lots shall be as follows.

1. Except in the Fourth Business District and the Second and Third Industrial Districts, parking lots of more than six (6) vehicles but less than twenty (20) vehicles shall provide plantings of a hardy (salt-, shade-, and drought-resistant) evergreen hedge-forming shrub variety not less than three (3) feet high at planting. Such planting shall be located adjacent to the parking areas or along all property lines adjacent to such parking areas. Such plantings shall be maintained at a height of four (4) feet except where the perimeter of a parking lot is adjacent to a First or Second Residential District, the height of such screening shall be six (6) feet. Such plantings shall not be required in those instances where a permitted building or other structure screens such a parking lot, nor shall such plantings be permitted within sight triangles of driveways. Such plantings may be substituted by a combination of plantings and walls or other opaque, durable decorative permitted fencing that sufficiently screens automobile headlights, provided that opaque fencing or walls are not placed along a lot line bordering a public right-of-way. Chain link fencing with or without vinyl slats shall not be permitted as a substitute for such plantings.

2. Except in the Fourth Business District, for parking lots with greater than twenty (20) spaces, the following landscaping requirements in addition to those set forth in Section 38:10-43 shall apply:

(a) At least six (6%) percent of the total parking area shall be landscaped with appropriate trees, shrubs, ground cover, or other plant materials within the lot to assure the establishment of a safe convenient and attractive facility. At least one (1) free of not less than two and one-half (2 1/2) inches caliper of a variety other than those named in Section 40:4-9a.2, shall be provided within such parking lot for each twelve (12) parking spaces.

(b) Except in the Second and Third Industrial Districts, raised planting islands, where appropriate, shall be provided as necessary to guide vehicle movement, and to separate opposing rows of parking spaces and to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel interior traffic flow, to prevent indiscriminate diagonal movement of vehicles and to provide cooling shade and visual relief Such plantings shall be maintained at a height of four (4) feet. Curbs of such islands shall be designed so as to facilitate surface drainage. In lieu of planting islands, four (4) foot tree wells fitted with a metal grate may be planted with shade trees with a minimum caliper of two and one-half (2 1/2) inches and minimum height of eight feet in such positions necessary to effectively guide vehicle movement. These treewells shall have a curb surrounding them.

3. The selection, amount and location of all landscaping materials shall be subject to approval by the staff of the Central Planning Board, based upon considerations of the adequacy of the proposed landscaping to serve its intended purpose with minimal maintenance problems including plant care, snow removal and leaf removal.

4. All landscaping shall continue to be maintained in a healthy growing condition throughout the duration of the use, building or structure which is intended to serve. Any planting not so maintained shall be replaced with new plants promptly.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A)

a. The requirements for fences and walls constructed between building lots shall be as follows.

1. Residential Districts.

(a) Fences or walls may be constructed along all property lines as follows:

(1) Height restrictions.

(i) Front yard fences or walls or a combination of the two, may be constructed between the building line and the street line up to three (3) feet in height. The front yard shall mean the section(s) of the parcel between the actual setback line(s) of a structure on that lot and any street(s) bordering that lot.

(ii) Side yard and rear yard fences or walls may be constructed up to six (6) feet in height.

(iii) Fences enclosing parks, recreational areas and school sites shall have a maximum height of ten (10) feet.

(2) Design standards.

(i) Fences shall be of a consistent, ornamental nature such as wrought iron, picket wood, or tubular metal fencing. The minimum width of vertical bars shall be one-half (0.5) inch and the maximum spacing of the bars shall be four (4) inches.

(ii) Walls shall consist of brick, stucco, decorative concrete, natural stone, or other similar decorative material shall be used.

(iii) Chain link fencing shall not be permitted, except along the rear lot lines and those portions of the side lot lines within the rear yard of the property.

(iv) PVC Vinyl or wood stockade fences are also permitted only in rear yard areas.

(v) No solid fencing or chain link fencing is permitted along a public right-of-way line.

(vi) Gates shall not swing into the public right-of-way.

(vii) Vinyl privacy slats are prohibited from use in chain link fences.

2. Business and Industrial Districts. The requirements for fences and walls constructed between building lots n Business and Industrial Districts shall be as follows.

(a) The height of any fence shall not exceed four (4) feet except in the following cases:

(1) For residential structures in any Business or Industrial District, the requirements of paragraph a.1, above, shall apply, except that where a residential use is adjacent to a nonresidential use, the side and rear yards may have a fence up to six (6) feet, and for anindustrial use, up to ten (10) feet may be permitted.

(2) Fences not exceeding ten (10) feet may be erected in the Second and Third Industrial Districts, at the discretion of the approving agency, in the interest of safety and aesthetics.

(3) Fences enclosing parks, recreational areas and school sites shall have a maximum height often (10) feet.

(b) Fencing or walls shall be used to screen trash containers, refuse disposal dumpsters, loading berths, outdoor manufacturing activities and outdoor storage visible from any public right-of-way as follows.

(1) Trash containers shall be screened from view by opaque walls or fencing, exclusive of that area needed for accessibility. All walls, fences and gates shall be a minimum of six (6) feet in height. Where such walls and/or fences are visible from any public way, there shall, where possible, be plantings visually consistent with other required landscaping. Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.

(2) Refuse Disposal Dumpsters shall be screened from view by an opaque fence or wall to a height not more than eight (8) feet, exclusive of that areas needed for accessibility. Where required to reduce visibility from a public right-of-way, the dumpster enclosure shall be gated. Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.

(3) Loading berths shall be screened to the extent possible and practical while still allowing access to the use it is serving, unless such screening is determined to be unnecessary by the approving agency. Such screening shall consist of an opaque fence or wall to a height of not less than six (6) feet or a continuous evergreen or dense deciduous shrub hedge, or a combination of the two. Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.

(4) Outdoor manufacturing activities and outdoor storage where permitted under regulations elsewhere in this chapter, shall be completely screened with a consistent solid fence or wall at least six (6) feet in height or of such height necessary to screen such storage from view from the public street or adjacent properties. In the alternative, a continuous evergreen or dense deciduous shrub hedge, or a combination of the two may be used. Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.

(c) Design standards.

(1) Fences shall be of a consistent, ornamental nature such as wrought iron or picket wood or tubular metal fencing. The minimum width of vertical bars shall be one-half (0.5) inch and the maximum spacing of the bars shall be four (4) inches.

(2) Where walls are utilized, walls consisting of brick, stucco, decorative concrete, natural stone, or other similar decorative material shall be used.

(3) Except for the Second and Third Industrial Districts where chain link fencing shall be permitted, in all other districts such fencing may be used in rear yards only including along the rear lot line and along those portions of the side lot lines within the rear yard of the property.

(4) Screen plantings may be used to provide opacity and to function as a buffer in lieu of fencing or walls. Screen plantings shall be of a hardy (salt-, shade-, and drought-resistant), evergreen hedge-forming shrub variety. They shall be planted in-ground in an area large enough to ensure the healthy growth and longevity of the plant selected. The planting area, where necessary, shall be protected from vehicles by curbing. Plants shall be continuously maintained and any plant material which expires shall be replaced promptly.

(5) Screen planting in combination with walls and fencing may be used in lieu of fences only. (Ord. 6 PSF-A(S), 7-14-09 Exh. A)

a. Buffer areas shall be required along the entire linear footage of lot lines where a non-residential use or district line abuts a residential use except that where a new residential use is proposed on a lot adjoining an existing non-residential use or district line, the proposed residential use shall provide the buffer. Buffering requirements shall be as follows.

1. No activity, outdoor storage of materials or parking of vehicles shall be permitted in the buffer area except for access driveways, directional signs, and permitted signs.

2. All buffer areas shall be planted with a combination of evergreens, deciduous frees and shrubs of such species and sizes which will produce within two (2) growing seasons a living screen at least six (6) feet in height and of such density so as to obscure throughout the full course of the year the glare of automobile headlights or other bright sources of illumination emanating from the premises. The screen plantings shall be placed so that at maturity they will not protrude across any street or property line and so that a clear sight triangle shall be maintained at off-street intersections and at all points where private accessways intersect a public street. Where provided, a planted buffer shall not be less than four (4) feet in width.

3. Where such width is not practical in the side or rear yard, decorative fencing subject to the requirements of Section 40:4-11 of this Chapter, may be provided in lieu of a planted buffer. Chain link fencing may not be used for buffer purposes.

4. The parking, loading, and areas utilized for outdoor storage shall be screened from view by buildings, decorative walls, or landscaped areas. All facades fronting on a public street or other public space shall have continuous foundation planting, except where precluded by access to parking spaces located under the building or by building entrances.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A)

The property owner shall be required to maintain all landscaping, site lighting, fences, signs, and other site improvements to keep the features attractive; in good functioning condition; and free of weeds or overgrowth. Property shall be kept free of debris, trash, or rubbish. Regular weeding, pruning, and mowing of plant materials, and replacement of all dead plant material is also required. (Ord. 6 PS F-A(S), 7-14-09 Exh. A)

a. Illumination Standards.

1. Illumination in General. All exterior areas of a site shall be illuminated at night in accordance with the standards herein. This shall include, but not be limited to, pedestrian pathways, plazas, courtyards, building entrances, parking and driveway areas, and other outdoor spaces commonly used at night. When such areas are not in active use, lighting shall be sufficient to allow for appropriate surveillance for crime prevention purposes, but shall be designed and installed in such a way as to minimize glare or intrusive light onto adjoining properties.

2. All wires and cables used for the provision of lighting from freestanding structures shall be underground.

3. All exterior lighting fixtures, however mounted, shall be provided with shields as necessary to confine the illumination to the site upon which it is located to the standards set forth herein and to eliminate glare on any adjacent properties and to adjacent streets.

4. Illumination Standards.

(a) Illumination levels at the property line of a project shall not be more than one-half (0.5) footcandle at any point when the project is located next to any residential use or residentially zoned property. The illumination levels at the property line of a project adjacent to any other use shall not be more than one (1.0) footcandle unless in conflict with a standard set forth in Section 40:4-14a.4(c) below, in which case that standard shall apply.

(b) The spacing between poles illuminating large open areas including, but not limited to, surface parking areas or lots, parks, or the grounds of multi-family housing complexes shall be no closer than two and one-half (2 1/2) times the pole height. Light poles must be positioned to enable walkways to comply with local, Federal, or State disabled persons access legislation.

(c) Illumination levels.

(1) Off-street/surface parking areas or lots as well as private roadway areas shall comply with the following requirements: Illumination levels outside the radius of any light pole (with radius equaling the height of the pole, not to exceed thirty (30) feet, but no less than twenty (20) feet) shall range between a minimum of one (1) footcandle and a maximum of three (3) footcandles.

(2) Access drives for non-residential uses and multi-family housing shall be illuminated with at least one (1) footcandle.

(3) Entrances and exits of non-residential structures and multi-family housing shall have a minimum illumination level of three (3) footcandles and a maximum level of five (5) footcandles.

(4) Single-, two-, three- and four-family residential uses shall have a maximum illumination level of three (3) foot-candles at the driveway or walkway, but no more than one-half (0.5) footcandle at any property line elsewhere on the site.

(5) Pedestrian walkways or bikeways shall have an illumination level ranging between a minimum of one-half (0.5) footcandle and a maximum of two and a half (2.5) footcandles.

(6) Exterior stairwells and landings for residential and nonresidential uses shall have a minimum illumination level of three (3) footcandles.

(7) Large open areas and the grounds of multi-family housing complexes shall have a minimum illumination level of one-half (0.5) footcandle and a maximum level of two (2) footcandles.

(8) Canopied areas, such as those found at drive-through facilities at banks, service stations, car washes, shall have a maximum illumination level of fifteen (15) foot-candles with a maximum to minimum illumination level ratio of 2:1.

(9) Display areas at outdoor dealerships for new and used products, including, but not limited to, automobiles, trucks, motorcycles and boats, shall have a maximum illumination level of fifteen (15) foot-candles for any row or tier of display that is adjacent to an external road or street, and a maximum level of ten (10) footcandles for all other rows or tiers of display. Entrances and exits shall not exceed ten (10) footcandles.

(10) Illumination levels for outdoor recreational facilities, such as, but not limited to, football fields, soccer fields, baseball fields, or tennis courts, shall be determined on a case by case basis by the staff of the approving agency, but shall comply with the illumination limits at property lines established above in 38:10-45.

(11) For all other outdoor spaces, the minimum illumination standard shall be one-half (0.5) footcandle. Such illumination shall be controlled by motion sensor lighting.

(12) For the parking areas of enclosed parking garages, a minimum lighting level of two (2.0) footcandles shall be maintained.

(d) Architectural lighting

(1) Fixtures used to accent architectural features materials, colors, style of buildings or art shall be located, aimed and shielded so that light is directed only on those features. Such fixtures shall be aimed or shielded so as to minimize light spill into the sky. Such fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facade onto neighboring property, streets or the night sky.

b. Height Standards.

1. Freestanding Lights.

(a) In the First, Second, and Third Residential Districts, the maximum height of freestanding lights shall not exceed the height of the principal building or twenty (20) feet, whichever is less.

(b) In the Fourth Residential District; First, Second, Third, and Fourth Business Districts; and First Industrial District, the maximum height of freestanding lights shall not exceed the height of the principal building or twenty five (25) feet, whichever is less.

(c) In the Second and Third Industrial Districts, the maximum height of freestanding lights shall not exceed the height of the principal building or thirty (30) feet, whichever is less.

2. Mounting Heights. The mounting height of any building-mounted light source shall be the lowest height possible to achieve appropriate illumination, but in no case shall the mounting height exceed twenty (20) feet above grade.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A)