Borough of Roselle, NJ Subdivision and Site Plan Procedures

When required. Proof of public notice shall be required for all applications for development and sign waiver applications.

Contents of notice; to whom required and how served. Notice requirements for hearings, contents of such notices, to whom required and how served shall be in accordance with such requirements as stipulated in Article XI of this chapter.

Transcript of hearings. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall arrange for the reporter's attendance.

§ 650-63 Decisions on applications for development.

Decisions to be in writing and contain findings and conclusions. Each decision of the Planning Board on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.

County Planning Board approval. Whenever review or approval of any application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.

Developments barred by administrative or judicial order. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application for development in accordance with Article VII of this chapter, and if such application complies with the requirements of Article VII, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.

Approval by other governmental agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.

Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning Board within 10 days after the date of decision to the applicant or, if represented then to the applicant's attorney, without separate charge, and to all others upon request for a fee of $10.

Filing in the office of the Land Use Administrator. A copy of each decision shall also be filed by the Planning Board in the office of the Land Use Administrator, who shall make a copy of the filed decision available to any interested party for a fee of $10, and available for public inspection at the Land Use Administrator's office during reasonable hours.

Publication. A brief notice of each decision shall be published by the Board Secretary, and the Borough may make a reasonable charge for such publication. The applicant, also, may cause such publication to be made if the applicant so desires. The time for appeal from the decision shall run from the first publication, whether made by the Board Secretary or the applicant.

Time for decision on applications to Planning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections J through N of this section.

Time for decision on applications to Planning Board for minor subdivision approval and final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections J through N of this section.

Time for decision when Planning Board reviews conditional uses or site plans simultaneously with subdivisions. Whenever the Planning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.

Time for decision when Planning Board reviews applications for subdivision, site plan or conditional use approval that includes request for variance. Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the Land Use Administrator. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act.

Time for decision when Planning Board reviews application for conditional use that includes request for site plan approval. Whenever the Planning Board reviews an application for conditional use that includes a request for site plan approval, the Planning Board shall grant or deny approval of the application within 95 days after the date of submission of a complete application to the Land Use Administrator.

Time for decision when Board of Adjustment reviews subdivision, site plan or conditional use in conjunction with use variance. Whenever an application is made to the Board of Adjustment for subdivision, site plan or conditional use approval in conjunction with the Board's review of a use variance, the Board of Adjustment shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the Land Use Administrator.

Extension of time for decision. Any time period for action by the Planning Board may be extended with the consent of the applicant or appellant.

Failure to make decision within time. The failure of the Planning Board to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the Land Use Administrator as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by Article VII and shall be accepted as such by the County Clerk for purposes of filing subdivision plats.

§ 650-64 Application by corporation or partnership.

A corporation or partnership applying to the Planning Board or the Board of Adjustment for permission to subdivide a parcel of land into six or more lots or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

Disclosure of ten-percent ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A, above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent ownership criterion established in Subsection A, above, have been listed.

Disapproval of application. The Planning Board, Board of Adjustment or governing body shall not approve the application of any corporation or partnership which does not comply with Subsections A and B of this section.

Penalty. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).[1]

Editor's Note: The Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., was repealed by L.1999, c. 274. See now N.J.S.A. 2A:58-10 et seq., entitled “Penalty Enforcement Law of 1999.”

§ 650-65 Sales map.

Display of sales map. Except for minor site plans and minor subdivisions, a developer who has obtained final approval shall maintain a sales office upon the issuance of the first construction permit and display therein in a prominent fashion the officially approved preliminary plat and the final plat and in addition thereto a sales map which may be observed and reviewed by any and all persons calling at such office.

Basis of sales map. The sales map shall be based upon the final plat as well as official Tax Map information at a scale of not more than 100 feet to the inch. The map shall show the development plan and all land contiguous for a distance of 2,000 feet within or outside of the Borough.

Provisions. The sales map shall clearly show and include for that area within 2,000 feet of the development the following information:

The location of connector streets to the proposed street(s) within the development.

The location of all state, county and municipal roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are evidenced upon the Borough Master Plan or Union County Master Plan or State Transportation Master Plan, the same shall be indicated upon the sales map.

The location of all railroads, rights-of-way, airports, heliports and airport runways, overhead easements for transmission of power or otherwise, rights-of-way for public utilities and location of public utility plans.

The location of all sanitary landfill operations which are in existence, proposed or which have been closed.

The location of all existing and proposed schools, parks, playgrounds and public buildings in accordance with the Master Plan.

The location of all streams, ponds, floodplains, stormwater facilities and watercourses.

Waiver of restrictions with notation. All zoning restrictions or improvements applicable to the development shall be shown with notation as to which restrictions have been waived, relaxed or varied by a Borough agency.

Zoning district classification. All contiguous property to the tract shall have prominently displayed thereon the zoning district classification, whether such property is within or outside the Borough, as well as any Borough restrictions on construction of accessory structures.

Property taxes displayed. There shall be displayed upon said sales map a reasonable estimate of the amount of property taxes to be levied upon the proposed property to be sold in the upcoming year.

Distribution of sales map. Prior to the issuance of a certification of occupancy by the Borough or the conveyance of a lot (improved or unimproved) by the developer, the developer shall file with the Construction Official of the Borough an acknowledgement executed by the contract purchasers that states that said purchasers acknowledge receipt of a sales map and a plain-language statement clearly explaining such sales map, which must set forth verbatim the provisions of Subsection C, herein, at the time of contract between the developer and purchaser(s) as defined in this section.

§ 650-66 Conditional approvals.

Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval.

The fulfillment of all conditions precedent shall be reported, in writing, to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.

Conditions subsequent. Whenever any application for development is approved subject to conditions which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such conditions within six months from the date of the resolution memorializing final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.

Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting an extension of time for good cause shown.

The fulfillment of all conditions shall be reported, in writing, to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.

§ 650-67 Electronic submission of documents.

The following documents shall be submitted electronically and by hard copy:

Approved site plans and subdivision plats being submitted for signature by Planning Board officials.

As-builts upon project completion but in any event prior to the release of bonds.

All electronic submissions shall be formatted using AutoCAD for plans and, for text, using either MS Word or Adobe Acrobat Portable Document Format (PDF).

§ 650-68 Guaranties required; surety; release.

Before recording final subdivision plats or as a condition of final site plan approval, the Planning Board shall require for the purpose of assuring the installation and maintenance of on-tract improvements and landscaping and shall accept in accordance with the standards adopted herein:

Amount of performance guaranty.

For residential developments, the furnishing of a performance guaranty in favor of the Borough in an amount equal to 120% of the cost of installation, which cost shall be determined by the Borough Engineer, for improvements which the Planning Board may deem necessary or appropriate, and including streets, grading, pavement, gutters, curbs, sidewalks, streetlights, shade trees, surveyor's monuments, as-built drawings, material testing, water mains, culverts, storm sewers, sanitary sewers, other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping. Not less than 10% of the required guaranty shall be in cash. All interest on said funds shall inure to the benefit of the Borough and the developer in accordance with N.J.S.A. 40:55D-53.1.

For all nonresidential developments, the furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 25% of the cost of installation, which cost shall be determined by the Borough Engineer, for improvements which the Planning Board may deem necessary or appropriate, and including streets, grading, pavement, gutters, curbs, sidewalks, streetlights, shade trees, surveyor's monuments, as-built drawings, material testing, water mains, culverts, storm sewers, sanitary sewers, other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping. Not less than 10% of the required guaranty shall be in cash. All interest on said funds shall accumulate to the benefit of the Borough and developer in accordance with N.J.S.A. 40:55D-53.1.

The furnishing of a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount equal to 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.

The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.

Upon substantial completion of all required appurtenant improvements and the connection of same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Borough Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer and, where applicable, to the homeowners' association and each member of its Board of Directors, by certified mail. Thereupon, the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto in accordance with N.J.S.A. 40:55D-53. Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements.

The performance guaranty may be released when:

The Borough Council has authorized acceptance of improvements. Bonds, if any, shall be released first; cash shall be released last.

The Borough Engineer has issued a certification in the following form:

I hereby certify that all of the improvements required to be installed by __________ in the subdivision (site plan) known as __________, which are covered by a performance bond issued by _____ Bond No. _____ and/or by cash escrow in the amount of $ _____, said improvements have been installed in accordance with specifications of the Borough of Roselle and to my satisfaction.

There has been delivered to the Borough Clerk a maintenance guaranty, which may be in the form of a maintenance bond. Such bond shall be issued by a bonding or surety company as approved by the Borough Council and shall be in the appropriate amount as determined from Subsection B of this section.

If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Borough Engineer.

The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the municipal may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection.

In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section. Similarly, if a developer should opt to delay acceptance of private road improvements by either a homeowners' association or the governing body, then the release of any performance guaranties shall be as provided for in this section. Maintenance responsibility shall remain with the developer, to be governed by any conditions of final approval of a development application. Upon acceptance of the improvements by a homeowners' association or the governing body, a maintenance guaranty as outlined herein shall be required.

Performance guaranties shall be approved by the Borough Attorney as to form, sufficiency and execution. A letter of credit shall be an acceptable form of performance guaranty if approved by the Borough Council and only under the following conditions:

It is irrevocable for an initial period of at least one year with automatic one-year renewals, unless the bank notifies the Borough, in writing, at least 90 days before the initial date of expiration or each anniversary of such date that it will not be renewed.

If the letter of credit is not renewed:

The Borough shall have the right to immediately draw a draft on sight if the developer's performance is not satisfactory as of that date or to draw a draft 30 days after receipt of said notice if after notification by the municipality that the letter of credit will not be renewed the developer fails to submit a satisfactory replacement performance guaranty.

The developer agrees to cease and desist all such work upon receipt of notification from the municipality that the letter of credit will not be renewed until such time as a satisfactory replacement performance guaranty is submitted.

The developer shall execute any agreement(s) required by the Borough Attorney confirming the conditions set forth herein prior to the Borough's acceptance of said letter of credit.

§ 650-69 Off-tract water, sewerage and drainage improvements required.

As a condition of final subdivision or site plan approval, the Board of jurisdiction shall require an applicant to pay its pro rata share of the cost of providing reasonable and necessary water, sewerage and drainage facilities and easements, located outside the property limits of the development but necessitated or required by construction or improvements within such development. The proportionate or pro rata amount of the cost of such facilities shall be based on the criteria established herein, which shall be borne by each developer or owner.

§ 650-70 Water, sewerage and drainage improvements at expense of developer.

In cases where the reasonable and necessary need for an off-tract water, sewerage or drainage improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement, in the manner provided hereafter and otherwise provided by law.

§ 650-71 Other water, sewerage and drainage improvements.

In cases where the need for any off-tract water, sewerage or drainage improvement is necessitated by the proposed development application and where it is determined that properties outside of the development will also be benefited by the improvement, the following criteria shall be utilized in determining the proportionate share of such improvements to the developer.

Sanitary sewers. Distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers, and the installation, relocation or replacement of other appurtenances associated therewith. The applicant's proportionate share shall be computed as follows:

The capacity and the design of the sanitary sewer system shall be based on all applicable New Jersey Department of Environmental Protection regulations and all Roselle Borough Sewer Design Standards, including infiltration standards, and all other Borough stormwater drainage standards.

The capacity of the existing system to service the entire improved drainage area shall be computed as follows:

If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer.

If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:

Total enlargement or improved cost

Developer's cost

Total tributary gpd

Development gpd

If it is necessary to construct a new system in order to service the proposed development, the prorated enlargement share to the developer shall be computed as follows:

Total project cost

Developer's cost

Total tributary gpd to new system

Development tributary gpd

Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:

The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, or a successor method, computed by the developer's engineer and subject to the approval of the Borough Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision or site plan and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval of the Borough Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Borough Engineer. The prorated share for the proposed improvement shall be computed as follows:

Total enlargement or improvement cost of drainage facilities

Developer's cost

Total tributary cfs

Development cfs

§ 650-72 Escrow accounts.

Where the proposed off-tract water, sewerage or drainage improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.

§ 650-73 Computation of pro rata share.

In any case in which an applicant does not provide the approving authority with the estimates of a consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Borough Engineer and/or Planner in order to prorate costs.

§ 650-74 General improvements.

Prior to the granting of final approval, the developer shall have installed improvements required by the Planning Board or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The Planning Board 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 Planning Board as a condition of final approval. The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed under § 650-75 may not be appropriate or needed.

§ 650-75 Construction, maintenance and installation standards for specific improvements.

Streets.

The developer shall submit plans, profiles, cross sections and design for the work to the Borough Engineer for approval prior to the start of any construction and at the developer's own expense, grade all streets for their full width, in conformity with the terrain and good engineering practices, shall have all underground utilities installed prior to any street paving construction, shall construct adequate underground pipe drainage systems to carry off surface waters, shall construct streets in accordance with specifications shown below and shall install a base course.

The paved roadway areas shall be constructed in accordance with the following:

Arterial streets: (as determined by the appropriate agency).

Collector streets:

Six-inch bituminous stabilized base course.

Two-inch type FABC-1 surface course.

Minor streets:

Four-inch bituminous stabilized base course.

Two-inch type FABC-1 surface course.

Prior to placing the surface course, the base course shall have a tack coat of bituminous material. All of the above construction shall be in accordance with current New Jersey Department of Transportation Standard Specifications and supplements on file in the office of the Borough Engineer. The standard specifications are further supplemented to require that, prior to placing final surface course; the intermediate base course shall be open to traffic and shall so remain for at least one winter season. Thereafter, the Borough Engineer shall inspect the pavement and will require areas of pavement failure to be removed and replaced; settled areas shall be leveled with hot mixed bituminous concrete. The Borough Engineer may require compacted select fill or approved subbase material as needed to replace native subgrade material.

All traffic lanes, both moving and parking, shall be striped in accordance with the Manual on Uniform Traffic Control Devices, as amended (United States Department of Transportation, Federal Highway Administration, 1971).

Construction standards, as specified herein, shall also apply to any private street as may be part of a development application receiving preliminary approval by the Planning Board.

Fire lanes located in other than those paved portions of a lot shall be designed such that the subsurface base is at least 20 feet wide, of twelve-inch-thick quarry blend over a quality subsoil necessary and sufficient to support a thirty-ton fire apparatus vehicle. The subsurface base may be covered with at least two inches of topsoil prior to the placement of sod or alternative paving block or similar decorative paving may be used. Final design shall be approved by the Borough Engineer.

Underdrains shall be installed if and where directed by the Borough Engineer.

Parking areas.

Parking areas and driveways (excluding single-family residential dwellings) that are not subject to heavy truck movement shall be constructed with not less than three inches of compacted bituminous concrete stabilized base course (NJDOT Mix 1-2) and two inches of compacted bituminous concrete surface course (NJDOT Mix 1-5). The subgrade shall be as approved by the Borough Engineer.

Areas that are subject to heavy truck movement, including fire apparatus, shall be constructed in accordance with the standards for a minor street.

Residential driveways.

All garage door aprons shall be concrete and shall be higher than the curb at such elevation not less than 1/4 inch pitch per foot from the top of the curb to the apron of the garage door. Said elevation shall be approved by the Borough Engineer prior to the issuance of a building permit.

The garage floor shall be 1 1/2 inches higher than the elevation of the garage door apron, as set forth in Subsection A of this section. Said elevation shall be approved by the Construction Official prior to the issuance of a building permit.

Curbs.

Curbs shall be constructed of portland cement air-entrained concrete, Class B, having a standard strength of 4,500 pounds per square inch.

Depressed curbs at driveways shall have a full depth of 18 inches.

Sidewalks.

Shall be constructed of portland cement air-entrained concrete, Class C, having a standard strength of 4,000 pounds per square inch.

All required sidewalks for minor or local streets and major arterial streets shall be four feet wide by four inches thick, except at driveways and aprons, where they shall be six inches thick with welded wire fabric reinforcing. All required sidewalks for collector streets and minor arterial streets shall be five feet wide by four inches thick, expect a driveways and aprons, where they shall be six inches thick with welded wire fabric reinforcing. In addition, all sidewalks shall be constructed in accordance with applicable provisions of the Americans with Disabilities Act of 1990.

Water mains. Water mains are to be installed in accordance with the following:

Engineering requirements for all water main installations are to comply with the rules and regulations of the New Jersey State Department of Health.

All pipe shall be not less than Class 150 cast-iron pipe of the size determined by the Borough Engineer, but in no case less than six inches in diameter, and meeting the current specifications of the American Water Works Association. PVC water mains with push-on joints may be used if approved by the applicable public utility.

All joints shall be lead or mechanical joint.

The depth of pipe from the finished surface or roadway or grade shall be not less than four feet from the top of the pipe.

Fire hydrants shall be generally located not more than 800 feet apart and spotted, where practicable, as follows: near streetlights, near inlets, near street intersections and on property lines.

Valves shall be installed with all fire hydrants and at such other locations in the lines as directed by the Borough Engineer.

House service connections, from the main to the curb stop and box, must be installed at all lots prior to placing any foundation or surface on the roadway.

(8)

No installation shall be covered until inspected and approved by the Borough Engineer.

Sewers.

Where required by the Planning Board, sanitary sewers, including service laterals and cleanouts at curbside, shall be installed in all streets and easements before the base materials for the streets are in place or the fine grading of the easement is complete, whether or not such sewers can be put to immediate use.

Sewers in the streets and easements are to be constructed in accordance with the following:

Standards. All sewers, manholes, appurtenances and equipment shall be designed, constructed and installed in accordance with the requirements of the Department of Environmental Protection, the approval of which shall be noted on plans and specifications submitted as part of the data required and in accordance with the most recent approved specifications and details of the Borough.

Pipe material. Pipe shall be vitrified clay, PVC-SDR35 or cast iron, of the class, type and strength of each required for the particular use and location.

Pipe dimensions. The minimum inside diameter shall be eight inches for sewers in roadways or easements and four inches for house connections; the diameter and slope (gradient) being such as to maintain theoretically a velocity of two feet per second when flowing half full (or full) with an assumed n = 0.013. Without special permission of all approving authorities, pipes larger in diameter with flatter slopes shall not be permitted if the project rate of flow does not theoretically fill the pipe half full.

Joints. Sections of pipe shall be joined by slip-type rubber gasketed joints, mechanical joints and such other gasketed joints as approved. Hot poured bituminous joints and caulked lead joints may be used, if approved, where conditions are such that preformed gasketed joints are not applicable.

Watertight caps or plugs. Termination of service laterals or any other temporary or permanent opening into the system shall be sealed by an acceptable means against the entrance of surface water and groundwater. Such sealed caps or plugs shall be so installed as to be watertight against any such internal pressure as might be applied in the testing of the sewer, as well as external subsurface water infiltration. Terminations of laterals shall be referred to "S" cuts on curbs or to other permanent monuments to facilitate locating the ends in the future.

Manholes. Manholes may be either precast or built in place. No more than four courses of brick may be used for casting grade adjustments. No deviation from the approved standards will be permitted which may adversely affect watertightness, structural strength, safe use or maintenance of the manhole or the pipes connecting thereto.

(g)

Service connections.

Laterals for sanitary sewers shall be constructed from mains to a point two feet beyond the underground utility easement in front of the realty improvement to be sewered.

The owner shall, at the time said owner deeds the streets within a development to the Borough, give a bill of sale to the municipality, transferring title to all sewer utility improvements within street line limits and within easement limits absolutely free to the Borough of Roselle.

Street signs.

All street signs shall have reflectorized white letters on a green background (e.g., Type E-450 or equal). Both signs and poles shall either be of nonferrous metal or galvanized steel. Neighborhood or directional signs shall be installed on major roads to aid in circulation.

All signs shall be mounted on two-inch-diameter posts embedded in concrete.

Street signs shall be approved by the Borough Engineer prior to ordering by the developer.

Street signs shall comply with the requirements contained within the Manual of Uniform Traffic Control Devices.

Street signs shall be installed by the developer upon the completion of the base course of each roadway within the development. No certificates of occupancy will be issued until the signs are installed and approved by the appropriate Borough officials.

No decorative street signs are permitted within the Borough of Roselle.

Streetlights. All streetlights shall be installed at least at all street intersections and as may be required by the Borough Engineer. They must be shielded so that no direct light or glare is visible from house or apartment windows and they do not produce glare in the eyes of a motorist.

Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover in all areas of the subdivision and shall be stabilized, seeded or planted so as to remain in place.

Monuments. All monuments are to be of the size and shape required by the Map Filing Law (1960), N.J.S.A. 46:23-9.9 et seq.,[1] or other applicable statutes, on both sides of all new streets.

Editor's Note: The Map Filing Law (L. 1960, c. 141) at N.J.S.A. 46:23-9.9 et seq., was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

Storm drainage systems.

All storm drainage systems consisting of catch basins, underground sewers, paved swales, box culverts, riprap or otherwise stabilized stream banks, dams, retention basins and swales and other devices shall be installed so that all stormwater is led to and confined in natural drainage channels without causing erosion. Bicycle-safe storm sewer gratings shall be provided.

Concrete pipe is preferred to box culverts for drainage under roads. In such cases, an easement of appropriate width extending at least 50 feet beyond the right-of-way line shall be granted on either side, and the pipe shall be covered for the full width of the right-of-way and 20 feet beyond.

Additional elements necessitated by topography. Retaining walls, cribbing, ground cover, diversionary swales and guide rails shall be installed as necessary to prevent erosion, hazard and unusual problems of maintenance.

Electrical, telephone lines and similar utilities. All such lines shall be underground from existing utility poles.

Landscape standards. Every applicant for subdivision or site plan approval shall comply with the following minimum standards, except that, with respect to the alternative design concepts set forth below, the applicant may choose between the concepts or present an alternative design equal or superior to the design concepts in terms of quality of landscaping materials and suitability to the site and to the proposed development. The board of jurisdiction may require additional landscaping if necessary to create an appropriate landscaping scheme for the site, given the nature of the site and the proposed development thereof. Where subdivisions only are applied for, the minimum standards shall apply only to street trees and to common open space and areas proposed to be dedicated to the public.

General. Landscape plans shall conform to the following general design principles.

Use landscaping to accent and complement buildings. For example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.

Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north side for windbreaks.

Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage.

Local soil conditions and water availability shall be considered in the choice of landscaping.

Consider the impact of any proposed landscaping plan at various time intervals so that, for example, shrubs do not grow and eventually block sight distances or encroach upon roads or sidewalks.

All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for quality and installation.

(g)

Assure that no aspect of the landscape design inhibits access to the development by emergency vehicles.

Street trees. Street trees shall be provided for all streets. One of the following street tree planting concepts or an alternative concept complying with the standards set forth below shall be used.

Living garden community concept:

Use street trees as contextual and unifying element of outdoor living space, which reinforces the human scale.

The designer shall develop a concept for a specific development and a street tree theme.

Place trees in the right-of-way between the curb and the sidewalk.

Spacing between trees shall be determined based upon species and the desired concept. In general, trees should be between 30 and 50 feet on center.

The use of more than one street tree variety along a street shall be provided in order to avoid problems associated with monoculture (i.e., disease).

Trees shall be planted in groupings of similar varieties. Use trees of similar form, height and character along a street to promote uniformity and allow for smooth visual transition between species.

Tree variety section shall be based upon on-site conditions and tree suitability to these conditions.

[8]

Trees should be a minimum of three inches to 3 1/2 inches caliper (based upon American Nurserymen Standards). Within sight triangles, a single tree may be permitted only with site-specific approval of the Borough Engineer. Such trees, including those at driveways, shall be of such size as will enable them to be immediately pruned up to seven feet branching height upon planting.

Formal concept:

Use uniform street tree varieties.

Coordinate new plantings with existing street tree plantings where applicable. A uniform canopy from both sides shall be provided.

Use tree species tolerant of road salts and low maintenance.

The location of street trees shall be within the right-of-way 30 to 50 feet on center, three to six feet from the curbline.

Consider the use of double and triple rows of street trees for special emphasis.

Naturalized street tree planting:

Vary street varieties, spacing three feet to 15 feet from the curbline and sizes 2 1/2 inches to 3 1/2 inches caliper.

The total number of street trees shall average one for every 35 linear feet measured at the curbline. Trees are grouped together and spaced at irregular patterns to look natural.

Planting design shall accentuate views and integrate contrasting landscape elements.

Trees within a sight triangle shall be of such size as will enable them to be pruned up to seven feet branching height upon planting. Planting within a sight triangle must be approved by the Borough Engineer.

If existing trees are preserved within five feet of the curb, the requirements for street tree planting may be reduced.

Cul-de-sac. Cul-de-sac islands provide an opportunity to create visual interest, soften the harshness of a large paved area, increase groundwater recharge, screen headlight glare into residences and preserve existing vegetation.

The following standards apply:

All plant material must exhibit a mature height under 30 inches or above seven feet, in order to allow for proper visibility.

All plants shall be tolerant of harsh, dry roadside conditions.

Ground cover plantings shall be consistent with the degree of maintenance expected for the culs-de-sac and of sufficient density to entirely cover the ground plane.

One of the following cul-de-sac planting concepts or an alternative concept complying with the standards set forth below shall be used.

Use a specimen tree of five inches to six inches caliper with low shrub or ground cover planting.

Use three or more trees of varying size (2 1/2 inches to six inches caliper), with low shrub or ground cover and gentle berming.

Use cul-de-sac islands to preserve existing stands or groves of trees. Assure protection during construction. Indicate ground cover treatment.

Stormwater. Stormwater management areas include retention and detention basins, drainage ditches and swales and wetland areas. Sensitively designed basins and swales can benefit the health, welfare and safety of Borough residents. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas or active and passive recreation areas, in addition to their stormwater management function.

Stormwater detention areas. One of the following landscape concepts for stormwater detention areas or an alternative concept complying with the standards set forth above shall be used.

Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands or wetlands. It returns the disturbed area to a revegetated, stable, low-maintenance natural landscape asset over time.

The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming. Linear, geometric basins are unacceptable.

The quantity of trees to be planted on the interior of the basin shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Of this number, 10% shall be 2 1/2 inches to three inches caliper, 20% shall be one inch to two inches caliper and 70% shall be six feet to eight feet height whips.

The trees shall be planted in groves and spaced five feet to 15 feet on center.

The ground plane shall be seeded with a naturalization, wildflower and/or meadow grass mix. The specific blend shall be approved by the Borough Engineer.

[e]

All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

[f]

Planting shall not be located within 20 feet of low flow channels to allow for maintenance.

[g]

The perimeter area (slopes above the high-water line) shall include shade trees (80 per 1,000 linear feet), evergreens (40 per 1,000 linear feet), ornamental trees and shrubs screening drainage structures and creating visual interest.

[h]

Provisions for emergency access as well as general maintenance of the basin shall be reviewed by the Borough Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

[i]

Plantings are not permitted upon any dikes associated with a detention basin unless approved by the Borough Engineer.

Recreation/open space features. This landscape concept is appropriate in situations where a basin is the largest or only portion of open space in an area or is adjacent to existing open space and recreational open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired. The objective in these situations is to integrate the area into the landscape using topography and plantings in order to complement the function of the area and to provide a visually interesting landscape feature and/or recreation space.

The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming.

Provide perimeter plantings, including shade trees, formally or informally, evergreen trees to create and screen views and small trees and shrubs to provide a continuous landscape strip screening drainage structures and creating visual interest.

Integrate buffer plantings with perimeter plantings where applicable.

Guidelines for plant quantities: shade trees = 80 per 1,000 linear feet; evergreen trees = 40 per 1,000 linear feet; ornamental trees = 10 per 1,000 linear feet; shrubs = 50 per 1,000 linear feet.

[e]

To provide recreational open space, concentrate frequently flooded detention in a basin area (five- to one-hundred-year storm volume) and provide a gently sloping, less-often-flooded area (ten- to one-hundred- year storm volume) as a recreational open field space. Provide ball fields and/or open play areas integrated with plantings in a park-like manner.

Stormwater retention areas; open space/recreational features. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes and ravines.

Water fountain/features are encouraged in the design of research/office/manufacturing parks and developments.

The water's edge shall be easily maintained and stable. Possible treatments might include riprap, stone walls and natural plantings.

The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas and other uses.

Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided.

If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified and the plantings and pedestrian spaces shall be integrated with these uses.

Open space. As a feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space are to provide the opportunity and space for active and passive recreation and, finally, to protect and enhance natural amenities. All open space areas shall be designated as one of two types: preservation or recreation open space, as follows:

Preservation open space. This treatment is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas and streams. The following standards shall apply:

Open space shall preserve existing natural areas during site planning.

Cleared areas shall be renaturalized where appropriate.

The ground shall be seeded with a naturalization wildflower and/or meadow grass mix. The specific blend shall be approved by the Borough Engineer.

Recreational open space. Recreational open space includes lands for active and passive recreation. The landscape treatment of these areas shall address safety, visual interest and use. The following standards shall apply:

The proposed use of all open space areas shall be indicated.

Open space in commercial and office developments shall include sitting and outdoor eating areas. Provisions for other active and passive recreation facilities are encouraged.

Grading and plantings of the recreation areas shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views and ornamental trees and shrub masses for visual variety and interest.

In general, plants shall be provided at the following rate. These quantities do not include plants necessary to achieve screening, which shall be provided.

Type of Plant	Number Per Acre
Shade trees	15
Evergreen trees	5
Flowering shrubs	3
Shrubs	20

Irrigation of all open space/planted areas within nonresidential developments shall be provided.

All plants shall be tolerant of specific site conditions. The use of indigenous species may be appropriate.

If a recreation facility fronts onto a street, a post and rail fence or other protective measures may be integrated to provide protection and separation. The adjacent street tree planting shall be continued along this area and any reverse frontage buffer planting shall be integrated with open space planting.

Buffers. Landscape buffers are provided to minimize and screen any adverse impacts or nuisances on a site. Included within any landscape buffer area shall be trees, conifers, shrubs, berms and, if appropriate, fences or walls. Landscape buffers shall be provided as required by ordinance and in the following areas:

Nonconforming use buffer. These buffers shall be provided where a residential zone abuts an area currently used or zoned for a different or higher intensity use. The following landscape treatment shall be provided to assure complete visual screening:

Provide a buffer area as per Zoning Ordinance yard/setback requirements.

Preserve existing trees within the provided buffer area. If existing vegetation is insufficient, the landscape area shall be supplemented with new understory plantings of coniferous and ornamental trees in groupings to provide a complete visual screen. Shrubs shall also be provided.

Areas void of existing vegetation shall receive landscape treatment, including berming and planting consisting of groupings of evergreen trees, with deciduous and ornamental trees and shrubs for visual interest and variety.

Berming shall be two feet to six feet in height and meander in a naturalistic manner without adversely affecting natural drainage.

Planting shall consist of evergreen trees that are six feet to eight feet planted 10 feet on center, shade trees 2.5 inches to three inches in caliper, flowering trees four feet to five feet in height and shrubs two feet in height, planted in groupings of mixed plant varieties and sizes.

Reverse frontage buffer. Reserve frontage screening shall be required where residential units and/or lots back onto any arterial or major collector street. The following landscape treatments shall be provided in order to screen private residential spaces.

Provide a continuous open space strip of not less than 20 feet.

Preserve existing trees within the provided landscape buffer area. Supplement with evergreen and ornamental trees as well as shrubs in order to complete screening of residences.

Where no vegetation exists, install berms to assist in screening. The berm shall be continuously planted with groupings of evergreen, shade and ornamental trees and shrubs. The following quantities shall be provided:

Type of Tree/Shrub	Quantity per 500 Linear Feet
Street tree	10
Shade tree (2.5-inch to 2-inch caliper)	25
Evergreen tree (5 feet to 6 feet high)	27
Ornamental tree (5 feet to 6 feet high)	5
Shrubs (24 inches to 36 inches high)	75

Filtered buffer. Filtered screening shall be required around the perimeter of parking areas, especially where parking is visible from a public street. The following standards shall apply:

Provide landscape buffer area of 25 feet in width or as per the requirements for front yards in Article XII of this chapter, whichever is greater.

Preserve existing trees within the landscape buffer area.

In areas devoid of vegetation, provide gentle berming to install new vegetation on.

Provide evergreen, shade and ornamental trees and shrubs. The planting shall be predominantly mixed varieties of shade trees and evergreen shrubs. Shrubs shall be used to screen headlight glare and shall be spaced a minimum of two feet on center.

All plants shall be tolerant of harsh roadside conditions.

Minimum plant sizes shall be shade trees two inches to 2.5 inches caliper, evergreen and ornamental trees four feet to five feet high and shrubs two feet high.

Irrigation of all open space/planning areas within nonresidential developments shall be provided.

Parking areas. The objectives of the landscape treatment of all parking areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for screening from public rights-of-way and buildings, to soften the overall visual impact of parking lots and to provide shade and reduce heat island effects.

Large parking lots shall be subdivided into modules as per § 650-26K(3) of this chapter. Separation of modules should be achieved by a landscape strip that is 10 feet wide. Integrating pedestrian circulation into these strips should be considered.

Trees within the parking areas shall be provided at a minimum rate of two trees per 10 parking spaces. Preservation or relocation of existing trees greater than five inches in caliper is encouraged to meet this requirement. Landscape buffer or parking area perimeter plantings do not satisfy this requirement.

Any parking area in a front yard or within clear view from the public right-of-way shall be screened from view by a landscape buffer area.

Parking areas shall be screened from interior drives using evergreen, deciduous and flowering trees and shrubs to create a continuous landscape strip that is a minimum of 10 feet wide. Consider integration of pedestrian walkways within these strips.

Plant sizes shall be a minimum 2.5 inch to three-inch caliper for shade trees, five feet to six feet high for evergreen and ornamental trees and two feet high for shrubs.

Parking lot lighting should be sited within landscape islands. However, trees shall not hinder safe lighting coverage. Therefore, varieties must be considered.

(8)

Pedestrian spaces. The objectives of landscape treatment for pedestrian access shall be to promote safe movement of pedestrians and bicycles into, in between and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

Pedestrian and bicycle access shall be provided from public roadways, parking lots and adjacent land uses where appropriate.

The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require long straight walkways. The views of the pedestrian shall be visually interesting.

Plantings along pathways shall provide shade, orientation and views.

Provide benches and sitting areas along pathways where appropriate and particularly where they can incorporate or provide views of a significant landscape feature or interesting site design of the project.

All walkways shall have an unobstructed width of four feet to five feet for pedestrians and eight feet for pedestrians and bicycles and be paved appropriately. These standards do not apply to sidewalks along Borough streets.

Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between lots with a paved walkway may be required.

(g)

Bicycle parking for each building, adequate space for bicycle movements and visual screening shall be provided.

(h)

Building entrances and plazas shall receive detailed pedestrian-scale landscape treatments. Plantings shall include shade trees, evergreen and ornamental trees and shrubs. The planting design shall provide visual variety and interest, spatial enclosure and separation from parking areas. Sitting areas with benches or seat walls shall be provided.

Landscape maintenance.

A landscape management/maintenance specification shall be provided in conjunction with all approved subdivisions as to street trees, open space and areas to be dedicated to the public and all approved site plans. In addition, a copy of the reverse frontage maintenance specifications for the tasks outlined in the maintenance matrix for this area must be provided to all owners of fee simple reverse frontage lots at the time of sale.

These documents shall provide specifications for perpetual maintenance in order to assure a safe and attractive landscape and to promote healthy growth of all plant materials. Documents may take the form of a monthly schedule or a categorized guideline. All maintenance items shall be on a site-specific basis and shall comply with the following standards:

Maintenance tasks. Applicants shall prepare a customized set of maintenance specifications consistent with the following minimum standards, which shall apply to every approved subdivision with respect to trees, open space and areas for dedication to the public and to every approved site plan.

Periodic inspection.

All lands, development or undeveloped, shall receive periodic inspection to evaluate the performance of landscape areas and the need for maintenance. Such an inspection shall be conducted by the applicant or its successor in interest at a minimum interval of once every month. Stormwater areas shall be inspected after every storm or storm episode.

Developments with a detailed maintenance specification shall be inspected based upon the details of the provided specifications. Remaining areas shall be inspected in relation to the maintenance specifications contained in this subsection.

Debris and weed control.

This task shall include the removal of all litter, debris and weeds. The objective of this task is to provide a neat, well-maintained appearance. At the time of each monthly site inspection, a site shall be investigated for the presence of any debris or weeds.

For areas exposed to public view (i.e., parking area buffers), investigation shall be undertaken on a biweekly basis during each mowing season.

Irrigation.

All developed landscaped areas shall be evaluated at the time of inspection for the general condition and success of irrigation methods. Any inadequacies in the performance of an irrigation system shall be rectified as soon as possible.

Automatic sprinkler systems should be cleaned out and turned off in the fall before the first frost and tested and turned on in the spring.

Mulching.

This task shall include the maintenance of all planting beds around trees, shrubs and ground covers for those ground areas covered with decorative stone or other materials.

All planting beds with organic mulch shall be maintained with a minimum of two inches depth of shredded bark mulch or an equivalent. To maintain this level, new mulch shall be applied each spring. Turf or lawn adjacent to beds shall be edged to prevent encroachment of turf and present a neat border and appearance.

Areas with decorative stone or other materials shall be maintained with a neat appearance.

Mowing.

The mowing standards shall apply to all lands planted as lawn, turf or wildflowers or those with naturalized grasses and weeds. The objective of all mowing shall be to create a neat, well-maintained appearance.

Grasses and weeds around trees and shrubs will be trimmed to the same height as mowed areas by the use of appropriate hand tools, in order to prevent undesirable damage to the trees or shrubs. Clippings shall be removed from all paved surfaces. Alternating mowing patterns shall be utilized to prevent compactions.

Lawn areas shall include grasses planted in passive recreation areas, stormwater areas, buffers and streetscapes and all other open lawn areas. The grass plantings in these areas shall not exceed a height of 12 inches. In order to maintain this standard, approximately 12 to 15 mowings per year will be required.

Wildflowers shall include those planted with annual and perennial herbaceous plants. Those wildflower areas which are designed to be maintained as such shall be mowed once a year. This shall occur at the time recommended on the original landscaped plan or in the late fall while the wildflowers are dormant.

[e]

The grasses, weeds and other natural material within undeveloped areas shall not exceed 12 inches in height.

Pruning.

Pruning shall include the removal of dead or diseased wood, wood infested with insects, weak or any irregular or damaged growth.

All plants shall be checked during the periodic inspection to determine if pruning is necessary. Care shall be taken to prune flowering trees and shrubs properly during the dormant season or after flowering. Evergreen shrubs shall be pruned after flowering.

Shrub material shall not be sheared as individual plants. Shrubs that are intended for screening or buffering shall be pruned in natural massed forms so as to enhance the shrubs' natural growth.

Root pruning of all trees adjacent to curbs or sidewalks shall be undertaken as necessary to prevent heaving of the sidewalk. The need for such pruning shall be determined during the periodic inspection and with knowledge of the most recent pruning. Care shall be taken not to prune a root system in excess of 1/3 diameter of the tree per year.

Fertilizer and amendments.

Fertilizer and soil amendments should be added as necessary and/or on a seasonal basis.

Fertilizer is optimally applied to lawn and turf areas three times per season. Timing, frequency and rate of application shall be adjusted according to weather and soil test conditions for each specific site.

Fertilizer shall be applied by accepted methods only. Safety shall always be of prime consideration.

Soil amendments such as lime, gypsum or peat moss may need to be added to the soil of lawn or planting areas periodically. The need for such soil amendments shall be analyzed during the periodic inspections and in conjunction with a soil test.

[8]

Insect and disease control. The control of insects and disease associated with all landscaped areas shall be a maintenance priority. All plantings shall be periodically inspected for insect or disease infestation. Methods utilized to control insects and disease may range from spraying and pruning to plant removal. Whatever method is utilized, safety shall always be of prime concern. Certified and trained personnel shall always perform this task.

[9]

Reseeding and/or replanting. Landscape areas shall be reseeded or replanted when areas are damaged, destroyed or failing due to insects, disease, weather or physical damage. Specific areas will require detailed specifications. The following standards shall apply:

Lawn or wildflowers. All areas where soil has been exposed shall be reseeded during the next planting season. Proper horticultural and soil erosion prevention methods shall be utilized. If soil erosion has occurred, the area shall be repaired. A seed mixture compatible to existing plantings and conditions shall always be utilized.

Plantings. All plantings which are damaged or destroyed shall be replaced during the next planting season. A failing, damaged or destroyed landscaped screen or buffer shall be replaced within a reasonable amount of time, but not to exceed the subsequent growing season.

[10]

Landscape lighting. All lighting essential to pedestrian and vehicular circulation shall be periodically inspected. Damaged or malfunctioning lights shall be replaced or repaired immediately.

[11]

Paved surfaces.

All paved surfaces shall be periodically inspected and maintained, items of normal maintenance not listed below but found to be necessary shall be performed as soon as possible to keep these surfaces safe and in satisfactory condition.

All roadways, parking areas, loading areas and pedestrian walkways shall be maintained free of snow, trash and debris at all times.

All stains shall be washed off paved surfaces.

Damaged pavements shall be repaired and properly resurfaced or replenished as necessary to assure safe usage.

Installation and inspection of landscaping. The following installation, performance and inspection principles and procedures should be applied to all landscape installations.

Prior to the issuance of any certificate of occupancy, the proposed landscape as shown on the approved landscape plan must be installed, inspected and approved by the Borough Engineer. The Borough Engineer shall take into account seasonal considerations in this regard as follows.

The planting of trees, shrubs or ground over as required by or associated with a subdivisions or site plan approval by the Planning Board or zoning Board of Adjustment shall be installed during the following fall and spring planting seasons:

Planting Season	Dates	Item
Fall	8/15 to 12/15	Evergreen plants
	10/15 to 12/15	Deciduous plants
Spring	3/1 to 5/15	All plants

Any plantings installed in conflict with this requirement must receive the written approval of the Borough Engineer prior to planting. Failure to comply with these requirements will necessitate the removal of the plantings in question. This requirement does not apply to seeding or sodding or plantings specifically for soil stabilization purposes. The plantings associated with any lot given a certificate of occupancy outside these periods shall be provided during the previous or next appropriate seasons.

All plantings shall be planted in a manner consistent with the instructions set forth in the following planting details.

For all reverse frontage and other buffer areas, the following installations and inspection procedures shall be followed. First, the area should be rough graded for the approval of the Borough Engineer. Based upon comments made during these inspections, the sidewalk shall be formed for inspection and approval. Subsequent to sidewalk installation, the area should be fine graded and the planting staked for the approval of the Borough Engineer.

If minor changes to the approved plan are made prior to or during construction, revised or record drawings must be submitted to the Borough Engineer for approval. Such revisions shall be indicated by a formal letter of request to the Borough with a copy to the Borough Engineer. Substantial changes shall require the approval of the board of jurisdiction. If unapproved or inadequate landscape is implemented, then appropriate replacement may be required.

Subsequent to landscape installation and until release of performance bonds, the Borough shall have the right to inspect all landscape areas for conformance to the approved plans, proper installation and maintenance as well as performance of landscape material.

Bicycle-safe storm grates. Storm sewer grates installed on streets, including driveways and parking lot aisles shall be bicycle safe.

Other improvements. In the event that the Borough has not adopted standards for a specific type of improvement, the generally accepted engineering standards as set forth in engineering and construction manuals as may be approved and modified by the Borough Engineer for a specific situation shall be used.

Traffic signage plan.

A proposed traffic control plan showing traffic signs to be installed by the developer at its sole expense shall be submitted with each application for subdivision or site plan approval. The plan shall indicate the nature and proposed location of traffic and street signs needed to assure the safe and controlled flow of traffic on the tract, including ingress and egress to the site. The information to be set forth on each sign, including street names, permissible speed limits, stop and yield signs at intersections, designations of one-way and dead end streets and prohibited parking locations shall be specified.

Final sign locations shall be determined by the Borough Police Department after review of proposed traffic generation and vehicular movement data and relevant speed and accident sampling data.

All signs shall be approved by the Borough Engineer prior to their purchase by the developer to assure uniformity and conformance with the standards contained in the Manual on Uniform Traffic Control Devices.

No certificate of occupancy shall be issued for any structure located on the tract until the Borough Engineer has certified the satisfactory installation by the developer of all signage in accordance with the traffic control plan, as it may be modified by the Borough Police Department or the New Jersey Department of Transportation.

§ 650-76 Inspection and fees.

Prior to starting any construction of the required improvements, the developer must submit final detailed construction plans to the Borough Engineer for review and approval and shall pay to the Borough Chief Financial Officer, by cash or certified check, the inspection fee as stated in § 650-68, for both private and public improvements.

All of the required public improvements for a development, during and upon completion of their construction, shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. On-site private improvements relating to drainage, landscaping and circulation as shown on an approved final development plan shall also be subject to inspection and approval by the Borough Engineer.

No underground installations shall be covered until inspected and approved by the Borough Engineer. At a minimum, the Borough Engineer will make the following inspections:

Roadway subgrade prior to placing subbase material and/or bituminous stabilized base course material.

The bituminous stabilized base course material after complete compaction and prior to applying bituminous material tack coat for the bituminous concrete surface course.

Bituminous concrete surface course materials while it is being laid.

Finished bituminous concrete surface course pavement.

Concrete curb and sidewalks, when the forms are laid and the subgrade is leveled and tamped prior to placing concrete, also during the placing and finishing of the concrete.

Such inspections as the Borough Engineer shall deem necessary of the pipe drains, inlets, municipal utilities lines and appurtenances, etc., while pipes, etc., are being laid and prior to backfilling trenches, inlets and manholes while being constructed.

Approval or reasons for withholding approval for either public or private improvements shall be given promptly and in any event within 45 days after inspection. If work proceeds without such approval or not in compliance therewith, the Borough Engineer, in addition to any other remedies available to the municipality, may issue an order requiring immediate cessation of the affected work and prohibiting resumption until approval is obtained or noncompliance corrected.

§ 650-77 Acceptance of streets and improvements.

Prior to the release of a performance bond covering any public or private improvements within a subdivision, there shall be filed with the Borough Engineer a deed of dedication containing a metes and bounds description of all easements, two paper prints plus one reproducible polyester film tracing (matte finish) (base thickness, 0.003 inches) and as-built plans and profiles drawn to a scale of one inch equals five feet vertically, which plans and profiles shall be based on a final survey and shall be in the United States Coast and Geodetic Control Survey datum. Such drawing shall show how streets and other improvements were actually constructed or installed. The following data must be shown with measurements from the property lines:

Plans and profiles of the streets showing elevations as constructed and reference bench marks.

Plans and profiles of sanitary and storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims; also locations of sanitary sewer laterals dimensioned from main and reference dimensions to T or V connections from manholes.

Upon the submission of the following documents and the approval thereof by the Borough Engineer and the Borough Attorney, the Borough shall accept those streets, rights-of-way and other public improvements in a subdivision by resolution:

Satisfaction of all items in Subsection A of this section.

Deeds of dedication with metes and bounds descriptions for all easements, detention basins or other public improvements other than streets and rights-of-way intended to be owned by the Borough.

Final plat filed with the Union County Clerk's office showing all streets, rights-of-way, easements, detention basins, greenbelts or other public or quasi-public improvements.

All applicable streets, rights-of-way and/or other public improvements have been inspected and have received final approval by the municipal engineer.