Union City, NJ Article III Development Requirements and Standards

§ 223-11 Design standards.

A. Purpose and applicability.

(1) The intent of this section is to ensure that all developments conform to design standards encouraging sound development patterns within the City. Where an Official Map or Master Plan has been adopted, development shall conform to them in accordance with the provisions of N.J.S.A. 40:55D-44 et seq.

(2) The standards in this section shall apply to all developments in the City requiring site plan or subdivision approval, except that developments consisting solely of residential uses shall comply with the New Jersey Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21 et seq., wherever there is a conflict between RSIS and the standards in this section. Unless required otherwise by law or regulation, RSIS shall not apply to nonresidential or mixed-use development.

(3) Relief from the standards herein shall be granted by way of exception pursuant to N.J.S.A. 40:55D-51.

B. General provisions.

(1) Layout. New streets and blocks shall be laid out in a manner which conforms to the historic street grid pattern of the City. New streets should be extensions of existing streets.

(2) Compatibility. New development shall be compatible with existing and proposed development with regard to urban design, pedestrian and vehicular circulation, infrastructure improvements, public access to the waterfront, and public open space.

C. Blocks.

(1) Geometry. Blocks shall be rectangular except where preexisting diagonal streets, natural features, municipal boundaries or railroad rights-of-way dictate otherwise.

(2) Boundaries. Block boundaries shall be defined by:

(a) Streets or pedestrianways which conform to the requirements of § 223-11N;

(b) Municipal boundaries; and/or

(c) Other unusual natural features such as cliffs.

(3) Block dimensions.

(a) The maximum length of any block face with a north-south orientation shall be 250 feet. The minimum length shall be 200 feet.

(b) The maximum length of any block face with an east-west orientation shall be 500 feet. The minimum length shall be 200 feet.

(c) In areas with steeply sloping topography or other unusual natural features or adjacent to municipal boundaries, the approving authority may permit longer or shorter blocks than provided hereinabove.

D. Curbs and gutters.

(1) Concrete or granite curb shall be installed along all streets. Curbs shall also be required along all edges of pavement within a site, except where natural drainage methods are utilized. Curb and gutter design details shall be in conformance with current engineering standards and shall be subject to approval by the enforcing agency.

(2) Barrier-free curb ramps shall be constructed at all intersections and other appropriate locations in accordance with accessible design standards promulgated by the New Jersey Department of Transportation.

E. Fences and walls.

(1) Height. The maximum height of a fence, wall or railing shall be four feet in front and side yards and six feet in any rear yard.

(2) Materials. Fences, walls and gates adjacent to public rights-of-way shall be constructed of a durable and decorative material such as decorative aluminum or wrought iron. Other fences may be of any material or style.

(3) Electrified fences, razor wire and barbed wire are prohibited.

(4) In all districts the finished side of the fence shall face the neighboring property.

F. Lighting.

(1) All streets, alleys, sidewalks, pedestrianways and parking facilities shall be sufficiently illuminated to ensure the security of property and the safety of persons.

(2) All entrances and exits in buildings used for nonresidential purposes or containing two or more dwelling units shall be adequately lighted.

G. Location of utility wires, boxes, meters, panels, devices and other similar equipment and installations.

[Amended 12-15-2015]

(1) All electric power, telephone, cable television, Internet and other utility lines serving new development, other than an individual one- to three-family home shall be placed underground, subject to utility company requirements.

(2) Electric power, telephone, cable television, Internet, gas and other utility boxes, meters, panels, devices and similar equipment and installations shall not be constructed, placed and/or relocated to the portion(s) of any structure that is located adjacent to a street or roadway.

H. Lots.

(1) Each lot must front upon an approved street. No lot shall front on an alley.

(2) Lots shall be rectangular insofar as practical. Side lot lines should be at right angles to straight streets and radial to curved streets. Rear lot lines should be parallel to streets.

(3) Lot lines bordering streets shall be coterminous with the street right-of-way.

I. Low-rise and mid-rise apartment buildings.

(1) Building design and articulation.

(a) All multifamily structures shall be situated with proper consideration of their relationship to other buildings, both existing and proposed, in terms of light, air and usable open spaces, access to public rights-of-way and off street parking, height and bulk.

(b) Groups of related buildings including low-rise and mid-rise apartments, along with architectural focal points, shall be designed to present a harmonious appearance in terms of building silhouette, architectural style and scale; massing of building form; surface material, finish and texture; decorative features; window and doorway proportions, entryway placement and location, signage and landscaping.

(c) Efforts to coordinate the actual and apparent height of adjacent structures are encouraged. This is especially applicable where buildings are located very close to each other. It is often possible to adjust the height of a wall, cornice or parapet line to match that of an adjacent building. Similar design linkages can be achieved to adjust apparent height by placing window lines, belt courses, and other horizontal elements in a pattern that reflects the same elements on neighboring buildings.

(d) Large structures should be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.

(e) Projects should be compatible with the scale of development anticipated by the applicable land use policies for the surrounding area and should be sited and designed to provide a sensitive transition to nearby, less-intensive zones. Projects on zone edges should be developed in a manner that creates a step in perceived height, bulk and scale between the project and development in adjacent zones.

(f) Multiple buildings on the same site shall be designed to create a cohesive visual relationship between the buildings.

(2) Bay spacing and differentiation.

(a) All street-facing building facades longer than 50 feet shall be broken up into smaller bays so as to give the appearance of a series of different buildings rather than a large building mass.

(b) The design and dimensions of bays along one building facade should create a varied articulation; a monotonous repetition of bays along a very long facade should be avoided.

(3) Vertical differentiation for mid-rise apartment buildings.

(a) All mid-rise apartment buildings shall be articulated with a base, middle and top. This breaks down the scale of tall buildings while maintaining a pedestrian-friendly environment along the streets.

(b) Base. The base is the lower one or two levels of a building. To define a base in residential buildings, unique materials and window pattern and proportion are encouraged. A base of bulkhead area of contrasting material is encouraged in order to highlight the first level.

(c) Middle. The middle of the building should be distinguished from the top and the base by horizontal belt courses or trim cornices, stepbacks, and setback changes in material, masonry or fenestration pattern; and/or other appropriate means.

(d) Top and roof. Depending on the height and design of the building, the top of the building may be just the roofline or the top one or two floors. The roofline should relate to the bay massing so as to appear as a series of side-by-side buildings. Rooflines should be emphasized for example by variation in roof forms such flat roofs, with parapets and/or cornices. Flat roof areas can serve as landscaped roof decks for adjacent units or for the entire building or may be used as green roofs.

(4) Building entries.

(a) Primary pedestrian entrances should be sited to face, frame and open onto the interior streets, required open spaces and community facilities rather than alleys, driveways and parking lots.

(b) Provisions shall be made in any low-rise, mid-rise and high-rise apartment structure to provide access for the handicapped, pursuant to the Americans with Disabilities Act.

(5) Building stepbacks. Building stepbacks are an effective design strategy to reduce the overall mass and appearance of mid-rise and high-rise buildings and to create valuable private spaces such as terraces on upper stories. To achieve this design strategy, the following is required:

(a) Buildings taller than three stories shall provide front-facade and/or side-facade stepback or other change in massing at upper floors in order to downplay their mass and visibility.

(b) Stepbacks are measured with respect to lower-level facades and not property lines.

(c) One front-facade stepback or change in massing of at least five feet shall be provided, beginning at the fourth floor for mid-rise buildings. Other options include varying heights of facades, cornices or parapet lines to emphasize the top of the third story in a mid-rise building and arrangements of window lines, belt courses, and other horizontal elements in a pattern that reflects the same elements on neighboring buildings. Other techniques are possible, and use of more than one technique is encouraged.

(d) The following regulations apply to all multifamily residential buildings and refer to stepbacks along the side facades, thus reducing the overall scale and mass of building facades:

[1] No stepbacks are required for building stories one through three.

[2] In a mid-rise building, for stories four, five and six, where applicable, building facades shall stepback a minimum of 15% of the building footprint at the fifth floor.

[3] Stepbacks are not required on facades that do not face a public street. For example stepbacks are not required on internal lot lines or on rear facades.

(6) Rooftop mechanical equipment.

(a) All mechanical equipment shall be adequately screened from view from properties directly adjacent to the property line. This may be achieved in a variety of ways including using landscaping, decorative walls, and decorative fencing.

(b) All rooftop mechanical equipment shall be set back at least 10 feet from the upper-level building facades and be setback far enough that it is not visible from public rights-of-way.

(c) All rooftop equipment shall be screened from view in a manner consistent with the architectural design and materials of the buildings.

(7) Building transparency.

(a) Principal entries shall be visible and easily identifiable and highlighted by prominent architectural features.

(b) Secondary entrances should be clearly designed as secondary in importance with the overall facade requirements.

(c) Service entrances shall face parking lots or driveways and be placed at the rear and not facing streets or other public spaces.

(d) All residential multifamily buildings shall have primary entry hall or lobby area connected to the sidewalk via a pedestrian walkway. Individual entries for ground-floor units are encouraged as well.

(e) Secondary entries also shall be connected to the sidewalk by pedestrian paths and should be clearly designed to be secondary in importance in the overall facade arrangement.

(8) Ground-floor elevations.

(a) For all residential buildings, it is important to balance the need to provide a sense of privacy and separation for first-floor units with the need to provide transparency and a relationship to the street and the sidewalk.

(b) Common building entrances shall be located at grade. The finished floor elevations of ground-floor units should be raised at least several steps above grade but shall not be more than four feet above sidewalk grade.

(9) Windows.

(a) Window size and proportion are allowed to vary in order to complement a variety of building styles.

(b) Residential windows.

[1] For ground level residential and parking areas disguised with architectural detailing, windows shall be provided, occupying at least 35% of the facade area.

[2] At least 25% of the facade area of upper-level residential floors shall be glazed with transparent windows.

(c) Blank walls are prohibited for all buildings, except where Building or Fire Codes prohibit windows or doors.

(10) Common elements.

(a) The developer shall submit proposals for ownership and maintenance of common elements, including open space, recreation facilities, meeting rooms, parking areas, driveways, private streets and similar facilities. The proposal shall be reviewed and approved by the approving authority as a condition of preliminary site plan approval.

(b) Apartment buildings with 50 or more dwelling units shall provide on-site amenities for residents, which may include open space, recreation facilities and/or meeting rooms.

(c) All mid-rise and high-rise apartment buildings shall provide an indoor refuse and recycling storage area.

(11) Parking design.

(a) As part of the goal of encouraging pedestrian-friendly design, the visibility of off-street parking areas from streets, sidewalks, open spaces and other public spaces shall be minimized.

(b) On-site parking areas and streets shall be paved with asphalt and curbed with concrete or granite block as approved by the enforcing agency.

(c) Structured parking is permitted on the first, second and third levels of buildings and is the preferred solution; provided that such parking is hidden from direct view of streets, open spaces and other public areas by being located behind residential and common lobby spaces.

(d) The rear parking facades can be screened architecturally as described below:

[1] Parking garage facades shall be architecturally screened to harmonize with the building;

[2] The facades shall be architecturally integrated with the building facade both vertically and horizontally. Parking facades shall be broken into bays and fenestration patterns similar to the rest of the building mass; and

[3] Articulation of bays for the rear structured parking facade may begin above the second floor, creating a podium or terrace above the parking area.

[4] Exposed parking structures below buildings supported by columns or "pilotis" are not permitted.

(e) Garage doors may not exceed 20 feet in width and garage curb cuts shall not exceed 24 feet in width.

(f) Off-street surface parking lots shall be located to the rear of the residential buildings and away from direct view of streets.

(g) All parking areas shall be adequately screened to prevent impacts on adjacent properties and streets, as required by § 223-46B(9)(d).

(12) Mechanical and utilities. A wall of venting for mechanical rooms shall not be permitted along facades facing streets, pathways, and open spaces.

(13) Minimum unit size. Minimum unit size in all multifamily buildings shall be as follows:

(a) Studio: 400 square feet.

(b) One-bedroom: 550 square feet.

(c) Two-bedroom: 750 square feet.

(d) Three-bedroom: 900 square feet.

(14) Signs.

(a) One project identification sign shall be permitted per entrance and shall not exceed 20 square feet in area on either side and eight feet in height. The sign may include only the name of the project and the street address.

(b) No other signs, other than pedestrian and vehicular directional signs, shall be visible from off the premises.

J. Mixed-use buildings.

(1) Indoor/outdoor operations. All permitted uses in mixed-use buildings must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.

(2) Floor-to-floor heights and floor area of ground-floor space.

(a) All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 11 feet.

(b) Transparency.

[1] A minimum of 70% of the street-facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas. Ground floor windows for office buildings shall be designed similarly to retail windows so as to allow flexibility for future change in use to retail.

[2] The bottom of any window or product display window used to satisfy the transparency standard referenced above may not be more than four feet above the adjacent sidewalk.

[3] Product display windows used to satisfy these requirements must be internally lighted.

(c) Doors and entrances.

[1] Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

[2] Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(3) Except for all applicable requirements in Subsection J(1) and (2) above, mixed-use buildings shall also meet the building design standards found within § 223-11I.

K. Refuse and recycling facilities.

(1) Outdoor refuse and recycling containers shall be visually screened within a durable enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets.

(2) All materials or wastes which might cause fumes, dust, odor or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.

(3) Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.

(4) Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.

(5) Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

(6) Recycling facilities for apartment buildings.

(a) There shall be included in any apartment building that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. (Only an indoor recycling area shall be permitted for any mid-rise or high-rise apartment building.) The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.

(b) The recycling area shall be conveniently located for the disposition of source-separated recyclable materials by residents of the apartment building, preferably near, but clearly separated from, a refuse dumpster.

(c) The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

(d) Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(e) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(f) Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

L. Screening of exterior mechanical equipment.

(1) Electrical and mechanical equipment shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof-mounted equipment shall be located so as to not be visible from the public road and shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.

(2) Process equipment, such as stacks, hoppers, compactors, bins, storage vessels, blowers, compressors, piping, ducting, conveyors and the like, shall be located and screened so as to minimize the visual impact on adjacent properties.

(3) Ground-level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

M. Sidewalks and street trees.

(1) Location and dimensions of sidewalks.

(a) A sidewalk shall be provided within the right-of-way along both sides of all streets.

(b) The sidewalk shall be constructed flush with the curb.

(c) The minimum sidewalk width shall be three feet in areas designed or intended primarily for ground-floor residential use and six feet in areas designed or intended primarily for ground-floor nonresidential use.

(2) Trees.

(a) One tree shall be provided for each 25 feet of sidewalk. Trees shall be evenly spaced to the extent practicable. Trees shall be planted at least three feet from the curb, but shall be situated so as to provide at least four feet of clear sidewalk between the tree and the right-of-way line.

(b) All trees coming from the nursery shall have straight stems of 2.5 inches in caliper or more, with single leaders. Trees shall be of a species capable of tolerating harsh urban conditions and branching a minimum of seven feet from the ground. All trees shall be subject to approval by the enforcing agency.

(c) Trees shall be planted as soon as is practicable following the final paving of the sidewalk.

(d) Trees shall not interfere with traffic signs, streetlights and fire hydrants.

(e) Any tree planted under a utility wire or wires shall have a mature height under 20 feet.

(f) Upon planting, trees shall be supported, maintained and watered thoroughly and shall be subject to inspection by the enforcing agency.

(g) The recommended types of street trees are as follows:

	White oak	Honey locust	Bartlett pear
	Black oak	London plane	Callery pear
	Scarlet oak	Sweet gum	Cornelian cherry
	Red oak	Sour gum	Sargent cherry

Tree selection should consider localized conditions, such as amount of traffic and presence of commercial uses. Small or large-leaf lindens, poplar, elm, ash, soft maple or sycamore trees are not recommended.

(h) Trees must be free of susceptibility to infestation by the Asian longhorn beetle.

(3) Trenches and materials. To provide adequate soil for the roots of street trees, a continuous trench or system of root path trenches shall be required underneath sidewalks.

(a) A continuous trench shall be at least 30 inches in depth by six feet in width and shall consist of structural soil or open-graded crushed aggregate mixed with soil. Where two or more trees are planted, the trench shall be continuous for the length of the planting. Pavement materials over continuous trenches shall have frequent open joints to admit air and water into the trench.

(b) If the root path trench method is selected, loam-filled trenches measuring four inches wide by 12 inches deep shall be provided under the base course to guide the growth of tree roots. For each tree, four radial trenches extending the length and width of the section of sidewalk being constructed shall be provided at ninety-degree angles. Where two or more trees are planted, trenches shall connect adjacent trees.

(c) Underground drainage structures may be required by the enforcing agency.

(d) The design details of sidewalks and trenches shall be appropriate to the method selected and shall subject to acceptance by the enforcing agency.

N. Streets, alleys and pedestrianways.

(1) Relationship of streets, alleys and pedestrianways to blocks. All blocks shall be bounded by streets, pedestrianways, municipal boundaries and/or natural features in accordance with the provisions of § 223-11C. Blocks may be penetrated by pedestrianways or alleys which serve the rear of buildings.

(2) Dead-end streets are prohibited except where through streets are made infeasible by natural features or railroad rights-of-way.

(3) Any new streets or alleys or extensions of existing streets or alleys should be dedicated to the City, conditioned upon the City's acceptance of such improvement. If a developer chooses to make a street or alley private, a permanent public easement shall be provided to allow, at minimum, unimpeded pedestrian access to the street or alley.

(4) All street names shall be subject to approval by the approving authority. An extension of an existing street shall have the same name as the existing street. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street.

(5) Right-of-way width.

(a) The minimum right-of-way width of a new street which is not an extension of an existing street shall be 50 feet, except that wider streets shall be permitted where deemed necessary to accommodate anticipated vehicular and/or pedestrian traffic or to accommodate an aesthetic feature such as a landscaped center median island. The minimum right-of-way width of a new alley which is not an extension of an existing alley shall be 11 feet for one-way traffic and 22 feet for two-way traffic. The minimum right-of-way width of a pedestrianway shall be 10 feet.

(b) The right-of-way width of a new street, alley or pedestrianway which is an extension of an existing street, alley or pedestrianway shall be the same as the right-of-way width of the existing street, alley or pedestrianway.

(6) On-street parking. All streets shall provide for parallel or angled parking on both sides of the street. Alleys are not required to provide for on-street parking.

(7) Cartway width. The minimum and maximum cartway widths of a new street or alley shall be as follows:

(a) One-way street with parallel parking on both sides: 30 feet.

(b) Two-way street with parallel parking on both sides: 35 feet.

(c) One-way street with angled parking on one side and parallel parking on the other side: 44 feet.

(d) Two-way street with angled parking on one side and parallel parking on the other side: 49 feet.

(e) One-way street with angled parking on both sides: 55 feet.

(f) Two-way street with angled parking on both sides: 60 feet.

(g) One-way alley: nine feet.

(h) Two-way alley: 18 feet.

(8) Intersections.

(a) Offset. New intersections along one side of an existing street should coincide with existing intersections on the other side of the same street. Where intersections do not coincide, the minimum offset between two intersections shall be 150 feet for the intersection of two streets and 100 feet for the intersection of a street and an alley.

(b) Curb return radius. In general, the curb return radius at intersections should be 15 feet. A smaller or larger curb return radius may be permitted where appropriate. Smaller curb return radii induce slower vehicle turning movements and are safer for pedestrians, while larger curb return radii may be necessary to allow for turning movements by large vehicles such as buses and trucks.

(9) Curves. Streets should be straight whenever possible to conform to the City's historic grid pattern. Where curved streets are necessary, they should be designed in a manner that conforms with current engineering practices for the volume of traffic they are expected to carry and that is acceptable to the enforcing agency.

(10) Drainage. All streets and alleys shall have curb and gutter on both sides that meet the requirements of § 223-11D. Pedestrianways shall provide for curb and gutter or natural drainage, as appropriate.

(11) Sidewalks. All streets shall have sidewalks and street trees on both sides that meet the requirements of § 223-11M. Sidewalks and street trees are not required for alleys.

(12) Grading, pavement and subgrade of streets, alleys and pedestrianways shall be constructed to standards that conform to current engineering practices for the volume of traffic they are expected to carry and that are acceptable to the enforcing agency. Alleys should be paved with materials such as cobbles that are designed to slow traffic. The approving authority may also require the use of such materials in portions of streets, at crosswalks and/or at intersections where needed to slow traffic.

§ 223-12 Construction requirements.

A. City standards. All standards and specifications of the City as now or hereafter adopted, if any, shall govern the design, construction and installation of all required improvements. Failure of the developer, his contractor or agent to conform to said specifications shall be just cause for the suspension of the work being performed, in accordance with the Uniform Construction Code. No developer shall have the right to demand or claim damages from the City, its officers, agents or servants by reason of said suspension.

B. Other standards. In the event that the City has not adopted standards for a specific type of improvement, then generally accepted engineering standards, as set forth in current engineering and construction manuals as may be approved and modified by the enforcing agency for a specific situation, shall be used.

C. Grades. All construction stakes and grades shall be set by or under the supervision of a licensed land surveyor. One copy of all cut sheets shall be filed with the enforcing agency prior to the commencement of any construction.

D. Approved plans. Prior to commencement of construction of required improvements, the enforcing agency shall have received and approved the complete plans and profiles of all improvements to be installed or constructed. No improvements shall be accepted by the governing body and no performance guaranties released until the enforcing agency has received and approved drawings showing the plans, grades and profiles of all improvements as finally constructed. Plans approved by the Planning Board or Zoning Board of Adjustment shall be signed and dated by the Board's Chairman and Secretary.

E. Site conditions. During construction, the site shall be maintained and left each day in a safe, clean and orderly manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer or upon an order by the Construction Code Official or other authorized personnel.

F. Disposal of dead trees, litter, building materials. All stumps, litter, rubbish, brush, weeds, dead and dying trees, debris and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Code Official prior to issuing an occupancy permit. No such refuse shall be buried on the site.

G. Changes in elevation.

(1) No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plan.

(2) Minimal changes in elevation or contours necessitated by field conditions may be made only after approval by the enforcing agency. All said changes shall be shown on the final plan and indicated as a change from the preliminary, or if final approval has been granted, all changes shall be shown on the as-built plans.

H. Excavations. No excavation shall be created or maintained, except when required for the foundations of structures or in connection with and during the installation of facilities for permitted uses. Such excavation shall be used for the intended purpose or shall be refilled to the average surrounding ground level, in such a manner as to prevent the collection of water, erosion of earth or collapse or sliding of banks, within six months from the date of commencement of such excavation.

I. Topsoil removal. The applicant shall obtain all necessary permits.

J. Preconstruction meeting. Prior to the commencement of construction, the developer shall arrange for and attend a preconstruction meeting in conformance with the requirements of the enforcing agency.

K. Prohibited materials.

[Added 1-20-2015 by Ord. No. 012015; amended 12-15-2015]

(1) The following four construction materials, and any other similar or like materials, are specifically prohibited for all new construction of a building facade or other street frontage:

(a) Thin brick;

(b) Tile;

(c) Synthetic stucco; and

(d) Hardy planks.

(2) This subsection is applicable on new construction only.

§ 223-13 Improvements.

Prior to the granting of final approval, the applicant shall have installed or constructed improvements required by the approving authority or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The approving authority may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the approving authority as a condition of final approval.