Article X Design Standards for Subdivisions

The right-of-way width shall be measured from lot line to lot line and shall not be less than shown below, except when shown at a greater width on the Master Plan or Official Map of the Borough of Westwood, or when said street constitutes an extension of an existing street with a width greater than 50 feet:

Arterial streets: 80 feet.

Collector streets: 60 feet.

Minor streets: 50 feet.

(d)

Marginal access streets: 40 feet.

The right-of-way width for internal roads in developments shall be determined on an individual basis and shall be of sufficient width and design to safely accommodate traffic, parking and loading, as well as emergency services.

Substandard street right-of-way and pavement width. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map, or the street width requirements of this chapter, the applicant shall dedicate additional right-of-way or pavement width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

Street grades. Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. Maximum grades on any streets within 50 feet of an intersection shall be 5%. No street shall have a minimum grade of less than 1/2%. Road cross sections (crown) shall range between 2% and 3%.

Street intersections. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60° at the point of intersection. The block corners at intersections shall be rounded at the curbline, with a curve having a radius of not less than 20 feet. Curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting streets to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or shall have a minimum offset distance of 125 feet between center lines. Street jogs with center-line offsets of less than 125 feet shall be prohibited.

Reverse curve tangents. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

Street line deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

Change in grade. All changes in grade shall be connected by vertical curves of sufficient degree of curvature to provide a smooth transition and proper sight distance.

Cul-de-sac streets. Cul-de-sac streets shall not exceed a length of 600 feet. A turnaround shall be provided at the end of the cul-de-sac, with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the curbline radius becomes a tangent to one of the curblines of the associated street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation (NJDOT). Pavement section shall consist of the following:

Arterial and collector streets:

Dense graded aggregate subbase: six inches compacted thickness.

Bituminous stabilized base course: six inches compacted thickness.

FABC surface course: two inches compacted thickness.

Local streets:

Dense graded aggregate subbase: six inches compacted thickness.

Bituminous stabilized base course: four inches compacted thickness.

FABC surface course: two inches compacted thickness.

Where subbase conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.

Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in Westwood, Hillsdale, River Vale, Emerson and Township of Washington. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.

Sidewalks. Sidewalks shall be required along both sides of a street in all nonresidential subdivisions unless waived by the approving authority. A minimum walkway width of four feet shall be constructed in accordance with the requirements of the Borough Engineer and in conformance with this chapter. Within the CBD/SPE District, sidewalks and streetscape shall comply to the design set forth in the Borough's Master Plan.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line, and all setbacks shall be measured from such new line.

Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening or buffers, freight access, warning signals, and signs in recognition of the relationship between the railroad and the subdivision.

Curbing. Curbing shall be required on both sides of all streets within a subdivision. Belgian (granite) block or concrete curbs shall be used on all Borough streets according to the following standards:

Construction of all curbs shall conform to NJDOT Standards and Specifications for Road and Bridge Construction, 1989, Section 605, and supplements thereto, and shall meet the Borough Engineer's approval. All concrete to be used shall be Class B, as specified in NJDOT Standards and Specifications, and supplements thereto.

Granite curbs shall have a ten-inch to twelve-inch vertical height.

Curbs shall be set in a Class C concrete base at least four inches thick in the front and rear of the granite block and at least six inches thick below the block. The combined block and concrete base shall have a minimum vertical dimension of 18 inches.

Curbs shall have a six-inch exposed vertical face above the finished pavement surface.

Joints shall measure 3/8 inch to 1/2 inch in width.

(6)

The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement.

(7)

The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.

§ 195-72 Residential streets.

Street hierarchy. Streets shall be classified in a hierarchy with design tailored to function. The street hierarchy definitions contained within this section are applicable only to local residential streets and are not to be considered related to the United States Department of Transportation Federal Highway Administration's Functional Classification of Highways.

The street hierarchy system shall be defined by road function and average daily traffic (ADT), calculated by trip generation rates from the current edition of Trip Generation, by the Institute of Transportation Engineers, as indicated in Table 4.1 in Appendix B.[1] Trip generation rates from other sources may be used if the applicant demonstrates to the appropriate approving authority that these sources better reflect local conditions. In addition, the applicant shall investigate the opportunities for, and availability of, transit facilities and, if appropriate, consider their impact(s) on motor vehicle traffic trip generation rates per dwelling unit.

[1]

Editor's Note: Appendix B is included at the end of this chapter.

Each residential street shall be classified and designed to meet the standards for one of the street types defined in Table 4.2 in Appendix B.[2]

[2]

Editor's Note: Appendix B is included at the end of this chapter.

The municipality and the developer shall determine the highest order street required to be used in a given residential development, considering the following:

The size of the development (number and type of units);

The actual or potential development of adjacent sites (whether there is likely to be traffic passing through from neighboring developments). A "potential development" means a development having approvals granted, applications pending, or undergoing preliminary review; and

The streets proposed for that area, if any, as contained in the municipal Master Plan.

Cartway width.

Cartway width for each street classification shall be determined by parking and curbing requirements that are based on intensity of development.

Intensity of development shall be based on dwelling units per gross acre as follows:

	Intensity	Dwelling Units per Gross Acre*
	Low	Less than or equal to 4
	Medium	More than 4 and less than or equal to 15
	High	More than 15

	NOTES:
	*	In determining the intensity of development, the gross acreage shall not include dedicated common open space or other such areas restricted from future development

Cartway widths for each street classification are as shown in Table 4.3 in Appendix B.[3]

[3]

Editor's Note: Appendix B is included at the end of this chapter.

Cartway width also shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs.

Curbs.

Curbs shall be used for drainage purposes, safety, and delineation and protection of pavement edge. Where, based on stormwater management system design, there is determined to be a problem with runoff, curbs or curbs and gutters shall be used.

Curb requirements shall vary according to street hierarchy and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B (N.J.A.C. 5:21-4.2).[4] Generally, curbs shall be required on all streets.

[4]

Editor's Note: Appendix B is included at the end of this chapter.

Curb requirements may be waived by the appropriate municipal approving agency, and shoulders and/or drainage swales used, when it can be shown that soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or the community desires to preserve its rural character by using shoulders and/or drainage swales instead of curbs. In cases of medium development intensity, the curbing requirement may be waived where front setbacks exceed 40 feet, and it can be demonstrated that sufficient on-site parking exists.

Curbs shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.17, as follows:

Construction specifications for acceptable curb types of granite block and concrete are shown in Figure 4.1 in Appendix B.[5]

[5]

Editor's Note: For Figure 4.1, see N.J.A.C. 5:21-4.17. Appendix B is included at the end of this chapter.

The standard concrete curb section used shall be a maximum of 20 feet in length, with a scored joint every 10 feet. All concrete used for curbs or combination curbs and gutters shall be prepared in accordance with the requirements, by class of concrete, of the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction, effective at the time of preparation. Where bituminous concrete pavement is used for the road surface, the curb and/or gutter shall be constructed first.

Where drainage inlets are constructed but curbs are not required, curbing must be provided at least 10 feet on each side of the inlet, set back one foot from the extension of the pavement edge.

Curbing shall be designed to provide a curb ramp in compliance with the Americans with Disabilities Act or the Barrier Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) at street intersections, as applicable.

Shoulders.

Shoulders and/or drainage swales should be used instead of curbs when soil and/or topography make the use of shoulders and/or drainage swales preferable and/or to preserve community character.

Shoulders shall be provided in accordance with the requirements in Table 4.3 in Appendix B.[6]

[6]

Editor's Note: Appendix B is included at the end of this chapter.

Shoulders shall be four feet wide, except for minor collector streets of high intensity with off-street parking, and major collector streets of medium and high intensity shall be six feet and eight feet wide, respectively, on each side for all streets and located within the right-of-way as shown in the street illustrations in Appendix B.[7]

[7]

Editor's Note: Appendix B is included at the end of this chapter.

Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone, bituminous treatment, or other forms of pavement which provide for vehicle load support.

Sidewalks and graded areas.

Sidewalks and/or graded areas shall be required, depending on the road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.[8]

[8]

Editor's Note: Appendix B is included at the end of this chapter.

Sidewalks shall be provided where graded areas are specified in Table 4.3 when:

The net density of the development project exceeds one dwelling unit per acre, and the development or project is located within 2,500 feet of a train station or a public or school bus route, or the development or project is located within 2,500 feet of an existing recreational, business or retail use, or a site where such use is permitted by existing zoning, or where the proposed streets connect to or extend existing streets which have sidewalks on both sides; or

The net density of the development exceeds 0.5 dwelling unit per acre, and the development is located within two miles of a school.

Notwithstanding Subsection E(2) above, sidewalks shall only be required on one side of rural streets or rural lanes and shall not be required in alleys.

Sidewalks shall be placed parallel to the street unless an exception has been permitted to preserve topographical or natural features, or if required to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.

Pedestrianway easements at least 10 feet wide may be required by the municipal approving authority through the center of blocks more than 600 feet long. In providing circulation or access to schools, playgrounds, shopping, adjoining residential areas, or other community facilities, the municipality shall consider and may require pedestrianway easements.

(6)

Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. In high-density residential areas, when sidewalks abut the curb, a sidewalk/graded area of at least six feet in width shall be required.

(7)

Sidewalks and graded areas shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.18, as follows:

Sidewalks of concrete shall be four inches thick except at points of vehicular crossing, where they shall be at least six inches thick. At vehicular crossings, concrete sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.

Concrete air-entrained sidewalks shall be Class C concrete, having a twenty-eight-day verification strength of 4,000 pounds per square inch. Other materials may be permitted, depending on the design of the development.

Graded areas shall be planted with grass or treated with other suitable ground cover, and their width and cross slope shall correspond to that of sidewalks.

Street grades, intersections, and pavement.

The following apply to street grade:

Minimum street grade permitted for all streets shall be 0.5%.

Maximum street grade shall vary by road hierarchy, with flatter grades required for roads with higher ADTs, in accordance with the requirements shown in Table 4.6 in Appendix B.[9] Where terrain makes it necessary, the allowable maximum grade may be increased by up to 2%, but shall not exceed a maximum grade of 10%.

[9]

Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.

The following apply to intersections:

Street intersections shall be as nearly to right angles as possible and in no case shall be less than 75°.

New intersections along one side of an existing street shall, if possible, coincide with any existing intersections on the opposite side of the street. Use of T-intersections in subdivisions shall be encouraged. Offsets shall be at least 150 feet between right-of-way center lines.

Intersections shall be rounded at the curbline, with the street having the highest radius requirement, as shown in Table 4.6 in Appendix B, determining the standard for curblines.[10]

[10]

Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.

(d)

Intersections shall be designed with a flat grade wherever practical.

(e)

The minimum center-line radius, minimum tangent length between reverse curves, and curb radii shall be as shown in Table 4.6 in Appendix B.[11]

[11]

Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.

(f)

Sight triangles shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, 1990, and based on the speed limits established by the government agency having jurisdiction. Sight triangle easements shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or connecting points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements shall be prohibited, and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight.

Pavement design for residential access, neighborhood, rural, parking loop, minor collector, and major collector shall follow the specifications shown in Figures 4.2 and 4.3 in Appendix B. Subgrade categories are shown in Table 4.7 in Appendix B.[12]

[12]

Editor's Note: For Figures 4.2 and 4.3, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.

Alternative pavement design shall be allowed, provided it conforms with one of the following: AASHTO Method of Flexible Pavement Design, Caltrans Method of Flexible Pavement Design, Asphalt Institute Method, AASHTO Method of Rigid Pavement Design, Fatigue Strength Method Design, Multilayer Elastic Analysis, or the National Crushed Stone Association Design, incorporated herein by reference.

Curves.

Vertical and horizontal curves shall be designed in accordance with AASHTO's A Policy on Geometric Design of Highways and Streets standards, 1990, incorporated herein by reference.

Sight easements on vertical and horizontal curves shall be required and determined based on the sight distance requirements contained in AASHTO's A Policy on Geometric Design of Highways and Streets standards, 1990, taking into consideration the speed limits established by the government agency having jurisdiction. Residential access, residential neighborhood, and rural street design should be based on a speed limit of 25 miles per hour. Minor and major collector street design should be based on a speed limit of 30 miles per hour.

§ 195-73 Bikeways.

Separate bicycle paths and lanes shall be required only if such paths and lanes have been specified as part of a municipality's adopted Master Plan and/or Official Map.

Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

The construction of bikeways shall comply with the specifications set forth in N.J.A.C. 5:21-4.18 as follows:

The paved width of the bicycle path shall be established by the municipal Master Plan. Choice of surface materials, including bituminous mixed, concrete, compacted gravel, soil cement, stabilized earth, and wood planking, shall depend on use and users of the path. Gradients of bike paths should generally not exceed 5%.

§ 195-74 Traffic signs; street signs; street names.

Bicycle-safe drainage grates shall be used in the construction of all residential streets.

Design and placement of traffic signs included in the Manual on Uniform Traffic Control Devices for Streets and Highways shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.

There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and shall show the name of both intersecting streets. The design of street name signs shall be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.

[Amended 1-18-2011 by Ord. No. 11-04]

At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal, or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of the sign or supporting equipment to the top of the paved surface.

§ 195-75 Block patterns.

Block length and width or acreage within adjacent roads shall be such as to accommodate the size of lot required in the area by this chapter and to provide for convenient access, circulation control and safety of street traffic.

In blocks of 1,000 or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkway shall be at least 10 feet wide in a right-of-way with a five-foot-wide improved pavement surface. Said walkway may also include other improvements, including streetlighting.

Block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation, and fire-fighting and emergency services.

§ 195-76 Streetlighting.

A lighting plan prepared by a qualified individual shall be provided with major subdivision applications. Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority, with intersections involving collector and arterial streets receiving priority consideration for streetlights. The developer shall provide for the installation of underground service.

§ 195-77 Lots.

Lot dimensions and areas shall not be less than the requirements of this chapter.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets and shall be straight so as to be the shortest line between the street and the rear line.

[Amended 5-18-2004 by Ord. No. 04-04]

Each lot must front upon an approved and improved street with a right-of-way width of at least 50 feet in width, except as provided herein.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use, due to such factors as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation, withhold approval of such lots.

Front yards shall be free of principal or accessory structures, storage, impervious areas or parking, except for lawful driveways, walkways, patios, steps and parking areas as specifically permitted herein (see § 195-162, Note 10, regarding driveways).

[Added 5-18-2004 by Ord. No. 04-04; amended 6-25-2013 by Ord. No. 13-15]

A lot shall not be created or subdivided within the front yard area between the entire front facade adjacent to the front yard of a residential building and the common street lot line on which the properties front as determined herein. This provision shall not apply wherein a preexisting building will be removed as a result of the proposed subdivision.

[Added 5-18-2004 by Ord. No. 04-04; amended 6-25-2013 by Ord. No. 13-15]

§ 195-78 Easements; natural features; utilities.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses. The size of such easements or rights-of-way shall be approved by the Borough Engineer.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

Floodplain and conservation easements shall be indicated on the approved plan so that the boundaries of the easement are clearly shown.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds and lakes.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plan as follows: "(insert purpose of easement) easement granted to the Borough of Westwood as provided for in the Land Use and Development Regulations Ordinance of the Borough of Westwood."

Whenever the internal grading of a lot is part of the design of the stormwater drainage system, as by swale, berm or other topographical feature designed to intercept or direct waters, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage structure.

Privately owned easements created after the adoption of this chapter shall not be used or improved without the approval of the approving authority. Application for such approval not connected with any subdivision or site plan shall be deemed a minor site plan subject to the provisions of this chapter.

Where any easement exists or is proposed for a public right-of-way area, setback and other bulk requirements shall be measured or calculated from the boundary of the easement as if it were a fee simple conveyance.

Where streams or ponds exist or are proposed, access may be required to draft water for Borough fire-fighting purposes.

§ 195-79 Water mains; culverts; storm and sanitary sewers.

Nonresidential development. All installations of water mains, culverts and storm and sanitary sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development.

Residential development. All installations regarding water supply, sanitary sewers and stormwater management shall be in accordance with N.J.A.C. 5:21-5, N.J.A.C. 5:21-6 and N.J.A.C. 5:21-7, respectively.

The Borough may require easements or rights-of-way of sufficient width along drainage and utility courses for vehicular access and maintenance needs.

§ 195-80 Public utilities.

For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariffs, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the street involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utility's overhead lines shall be installed underground. However, the applicant shall not be required to install electric distribution supply lines underground if the Borough of Westwood requires such lines to utilize a voltage of 26 kilovolts or greater and a resolution is passed declaring that such distribution lines would present exceptional operation and/or safety problems if installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.

Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.

The approving agencies of the Borough of Westwood may, in their discretion, waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision.

Utility areas shall be planted with grass, ground cover, or treated with other suitable cover material.

§ 195-81 Soil erosion and sediment control.

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 to all areas of the subdivision and shall be stabilized by seeding or planting.

All applications for subdivision shall be designed in accordance with the requirements of the Bergen County Soil Conservation District.

§ 195-82 Monuments. [1]

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended), shall be placed in accordance with said statute and shall be indicated on the final plat.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 195-83 Shade trees, planting strips and landscaping.

Shade trees shall be provided in all major residential subdivisions and in minor subdivisions where deemed appropriate by the approving authority. Trees shall be planted within the subdivision along each side of the street at proper intervals and in types, sizes and locations conducive to healthy growth with graded and seeded or sodded planting strips within street rights-of-way and according to any standards adopted by the Governing Body or Borough Shade Tree Advisory Committee so as not to interfere with street paving, sidewalks or utilities.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All trees shall have a minimum diameter of 2 1/2 inches, measured six inches above the ground, and shall be of a species approved by the approving authority. Trees shall be planted 25 feet to 40 feet apart and parallel to, but no more than 20 feet from, the curbline. The species should be varied by neighborhood, and a minimum of two species should be utilized for environmental diversity where possible. A minimum of one shade tree shall be provided along the street frontage of each lot. The shade trees shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety in accordance with the American Association of Nurseryman Standards. Dead or dying trees, within the following two years from the date of installation, shall be replaced by the developer during the next recommended planting season. The following is a suggested list of trees:

	Tall Trees
		Zelkova
		Ginkgo
		Oak
		Locust
		Linden
		Golden rain tree
	Medium to Smaller Height Trees
		Japanese tree lilac
		Capital or chanticleer pear
		Redbud
		Kousa dogwood
		Plum
		Serviceberry

Shade tree specifications:

Height/caliper. Trees shall be free of branches to a point not more or less than 60% of the overall height. Branching shall be in good balance with the trunk as the tree grows. Trees shall have a minimum caliper of two inches to 2 1/2 inches, measured six inches above ground level.

Identification/root system. The root system shall be in accordance with American Nursery standards, balled and burlapped.

Ball depths/planting hole. The ball depth shall be of a diameter and depth to encompass the fibrous and feeding root system for full recovery of the plant. The planting hole shall be as deep as the root mass and at least twice as wide. Burlap shall be loosened or the wire basket folded down. The root collar shall be at the same level as the surrounding area.

Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots.

A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual, shall be submitted with each major subdivision or site plan application. Landscaping shall be provided to promote a desirable visual environment, to screen parking and loading areas, to provide windbreaks for winter winds and summer cooling for buildings, streets and parking and to mitigate adverse visual impacts. The landscape plan shall provide the following information:

Existing wooded areas, rock outcroppings and existing and proposed water bodies;

Existing and proposed topography and location of all landscaped berms;

Location, species sizes and quantity of all proposed shade trees, ornamental trees, evergreen trees, shrubs and areas for lawns or any other ground cover;

A plant schedule indicating botanical name, common name, size at time of planting, quantity, spacing and any special remarks for all plant material proposed;

Planting and construction details and specifications.

Definitions. As used in this section, the following terms shall have the meaning as set forth below:

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

REPLANTED TREE

Any deciduous or evergreen woody plant of the diameter caliper required in this section, planted for the purpose of replacing trees cut, removed or destroyed.

TREE

Any live, woody plant having a diameter or width greater than eight inches and/or circumference greater than 25 inches measured at the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or the aggregate of the circumferences shall be used in determining whether the plant is a tree.

Prohibited activities. No individual, corporation or association shall do, or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately owned property within the Borough of Westwood:

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

Cut, destroy or injure any tree.

Place or maintain upon the ground any substance which will impede the tree free access of air and water to the tree's living components.

Apply any substance to any part of a tree, including roots, with the intention to injure or destroy the tree.

Permitted activities. Notwithstanding the restrictions contained in the above subsection, the following activities shall be permitted:

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

The removal of not more than five trees on any approved or existing building lot, as shown on the current Tax Assessment Maps of the Borough,[2] within a twelve-month period.

[2]

Editor's Note: The Tax Assessment Maps are on file in the Borough offices.

The removal of trees in accordance with a site plan or subdivision plan approved by the Planning Board or Board of Adjustment or a plot plan submitted for a soil movement permit approved by the Planning Board, in conjunction with development or soil movement applications, so long as the approval includes a requirement that the applicant replace two trees, meeting the replacement tree standard in Subsection J, for each tree removed.

The cutting, trimming or maintenance of trees in a manner which is not harmful to the health of the tree.

The removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety.

The removal of trees necessary to construct any structure for which a permit has been issued by the Construction Official, so long as the approval includes a requirement that the applicant replace at least 50% of the trees removed or contribute the sum of $500 to the Westwood Tree Trust Account for each tree that is not replaced up to the 50% requirement.

[Amended 9-20-2022 by Ord. No. 22-27]

(6)

Activities involving tree trimming or removal located within a public right-of-way or easements, or publicly owned or controlled property, so long as the Borough of Westwood is in responsible charge of the activities.

Exceptions. The following exceptions shall apply:

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

The Planning Board or Board of Adjustment may waive the replacement planting requirements either in number, species or replacement size.

Upon application to the Planning Board, the granting of exceptions from the requirements of this section, as may be reasonable and within the purposes and intent of this section, if the literal enforcement of one or more provisions is impracticable or will exact due hardship because of peculiar conditions pertaining to the land in question. The form of application will be the same provisions as those of the site plan review provisions of this chapter.[3]

[3]

Editor's Note: See Art. IX, Development Review Procedures.

Criteria for consideration of tree removal and replanting.

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

The Planning Board or Zoning Board may consult with the Westwood Shade Tree Advisory Committee, the Department of Public Works, the Borough Engineer or any professional as provided in the Municipal Land Use Law[4] for guidance in considering land use, development, soil movement or exception applications.[5]

[4]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Replanted trees shall be at least two inches in diameter (caliper), measured at breast or chest height, and must be nursery stock, balled in burlap and staked upon planting per Borough standards provided by the Borough Engineer.

The location of replanted trees shall be determined by the following schedule of preference when at all possible:

In the location where the trees are removed.

Within the building lot containing the removed trees.

Within the development site approved by the Planning Board or within the public right-of-way fronting or bounding the site.

(d)

Elsewhere in the Borough within public property, but as near as possible to the building lot where the trees are removed.

Enforcement. The Construction Official, or his designee, is designated as the enforcing agent for this section. Upon review of as-built plans or site inspection of any development application or soil movement activity, the Borough Engineer shall inform the Construction Official, or his designee, of any trees removed in excess of those called for removal in the Planning Board's approval.

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14[6]]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Penalty; replacement schedule.

[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]

Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.

If trees are cut, destroyed or removed, for any reason, in conjunction with any land use, development or soil movement activity in excess of the specified number of trees which were approved for removal by the Planning Board or Zoning Board, restitution shall be made by the applicant in accordance with the following schedule:

Diameter of Tree Removed (inches)	Number of Two-Inch-Caliper Trees To Be Provided
8 to 15	6
16 to 24	10
25 to 36	15
37 and over	20

In lieu of physically replacing a tree, an applicant may be permitted to contribute the sum of $500 for each tree the applicant is obliged to plan in replacement for a removed tree to the Westwood Tree Trust Account.

[Added 9-20-2022 by Ord. No. 22-27]

Westwood Tree Trust Account.

[Added 9-20-2022 by Ord. No. 22-27]

There is hereby created within the Borough of Westwood a Westwood Tree Trust Account, which shall be set aside and be available for the acquisition, planting and maintenance of municipal trees planted in the right-of-way.

The Westwood Tree Trust Account shall be overseen and managed by the Borough Administrator, CFO, and DPW Superintendent, taking into consideration recommendations by the Shade Tree Advisory Committee.

The Westwood Tree Trust Account shall be established and funded from monies to be paid by applicants as required by either the Construction Official, Planning Board or Zoning Board of Adjustment of the Borough of Westwood in lieu of physically replacing trees that have been removed, up to 50% of the trees removed, at the amount of $500 per tree.

§ 195-84 Environmental impact report.

At the Board's discretion, an environmental impact report may be required to accompany preliminary subdivisions.

The environmental impact report shall comply with the following unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:

A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s), all with the intent of minimizing environmental impacts.

An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to the standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and the seasonal high water table.

A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.

An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.