A.
Streets in the subdivision or land development shall be of sufficient
width and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the Official Map, if any, and the circulation element
of the Master Plan, if any, provided that no street of a width greater
than 50 feet within the right-of-way lines shall be required unless
said street constitutes an extension of an existing street of the
greater width or already has been shown on the Master Plan at the
greater width or already has been shown in greater width on the Official
Map.
B.
C.
The width of the right-of-way of internal roads, alleys and serviceways
in multifamily, commercial and industrial developments shall be determined
on an individual basis and shall in all cases be of sufficient width
and of suitable design to safely accommodate the anticipated peak
traffic, parking and loading needs; to provide sufficient access and
turnaround space where needed for firefighting equipment utilized
by the City Fire Department; and to provide sufficient access and
egress for refuse collection.
D.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan shall, where feasible,
dedicate additional width along either one or both sides of such streets.
If the subdivision is along one side only, 1/2 of the required extra
width shall be dedicated.
E.
Grades of arterial and collector streets shall not exceed 4%. Grades
for minor streets shall not exceed 10% nor shall minor streets have
a minimum grade of less than 1/2 of 1%. Within 50 feet of the intersection
of any such street with a major arterial street, the maximum grade
shall be limited to 2%.
F.
Street intersections shall be as nearly at right angles as is possible
and shall be no less than 60°. At the street corners, curbs shall
be rounded with a curve having a radius of not less than 25 feet.
G.
Street jobs with center-line offsets of less than 125 feet shall
be prohibited.
H.
Wherever a change of alignment of a street occurs, except at street
intersections, the deflecting street lines shall be connected by a
curve with a radius of not less than 100 feet.
I.
A vertical curve of sufficient radius shall be provided at all changes
of grades of streets to provide moving vehicles with a smooth transition
and to allow sufficient sight distance to drivers in order to assure
traffic and pedestrian safety.
J.
Dead-end streets or alleys (culs-de-sac) shall be avoided to the
extent feasible but, if needed, shall provide a turnaround at the
end with a radius of not less than 50 feet and tangent, whenever possible,
to the right side of the street and shall, where the street or alley
is in excess of 400 feet in length, be subject to a determination
by the Planning Board that the design is such that the firefighting
apparatus of the City shall not be deprived of ready access to structures
served by such dead-end street or alley.
K.
The name of any street dedicated for public uses shall be approved
by the City Council, and no undedicated or private street shall be
given any name which will be a duplication of or will tend to create
confusion by the public with any existing street. The extension of
an existing street shall have the same name as the existing street.
L.
Proposed streets shall be designed in conformity with the State Highway
Access Management Code under N.J.S.A. 27:7-91, as amended.
A.
Block length and width or acreage within bounding 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.
B.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
A.
Lot sizes and dimensions shall be not less than the requirements
of this chapter.
B.
Insofar as it is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets. Lot lines shall
be regular and straight, except where the outside perimeter lines
of the subdivision tract make such an arrangement unfeasible, and
shall be free from irregularities and internal jogs, except where
actual land conditions necessitate such delineations.
C.
Intersecting curblines on corner lots adjacent to the street lines
shall be rounded with a curve having a radius of not less than 25
feet.
D.
Where the City Master Plan shows a proposed widening of an existing
street upon which lots within the proposed subdivision will front,
all setbacks on such lots shall be measured from the new street line
as proposed in the Master Plan.
E.
Each new lot resulting from a subdivision shall front on an approved
street at least 50 feet in width.
F.
If a lot shall not be proved to be suitable for its intended use
due to factors such as rock formations, flood conditions, topography
or similar environmental circumstances, the Planning Board or Board
of Adjustment may, after hearing, withhold approval of the proposed
subdivision creating such lot.
A.
Driveway location. All entrance and exiting driveways shall be located
so as to afford maximum safety to and minimum disruption of traffic
on the street. Where practicable, no part of any driveway entrance
or exit to a public street shall be closer than 50 feet to the right-of-way
line of any intersecting street. Where the frontage of the lot is
too narrow to permit the above distance, the driveway shall be located
as far from the intersection as possible but in no case any closer
than 25 feet from a public pedestrian crosswalk.
B.
Traffic signs. To facilitate the safe and efficient movement of traffic
into and out of a site, the Planning Board or Board of Adjustment
may require the installation of specified directional regulatory or
advisory signs or pavement markings at designated locations on the
site. Where required on the site, all devices must conform to the
current Manual on Uniform Traffic Control Devices. Where required
off site on the public right-of-way, all devices will be installed
by the City in accordance with the current Manual on Uniform Traffic
Control Devices. The pro rata cost of said off-site improvements shall
be borne by the developer.
C.
Number of driveways. The number of driveways provided from a site
directly to any one street shall not exceed one driveway for a lot
frontage of 100 feet or less, two driveways for lot frontage up to
200 feet and one additional driveway for each 200 feet of lot frontage
over 200 feet. Where more than one driveway is permitted, the Planning
Board shall require that each driveway be designated as either an
exit or an entrance where such designation will facilitate vehicle
and pedestrian movement within the site without hindering traffic
movement on the street.
D.
The dimensions of entrance and exit driveways and interior roads
shall be adequate to accommodate the volume and character of vehicles
anticipated to be using the site, but not wider than necessary to
accommodate the expected traffic at a speed of 15 miles per hour.
The required minimum and maximum dimensions are indicated in Table
51-186. All driveways shall require depressed curb construction. All
driveways shall conform to the applicable East Orange standards. Driveway
pavement shall extend to the curb of the street with which it connects.
Provisions must be made for handicapped, barrier-free construction.
|
Table 51-186: Required Dimensions for Driveways and Interior
Roads
| |||
|---|---|---|---|
|
Driveway Width
| |||
|
One-Way Operation
(feet)
|
Two-Way Operation
(feet)
| ||
|
1- to 10-family dwelling
|
Maximum 10
|
Maximum 10
| |
|
Over 10-family multiple dwelling
|
Maximum 10
|
Maximum 20
| |
|
Commercial or industrial
|
10 to 24
|
26 to 40
| |
|
Gasoline station
|
18 to 25
|
25 to 35
| |
E.
Driveways along state highways shall be designed in conformity to
the State Highway Access Management Code (N.J.S.A. 27:7-91, as amended).
A.
Sidewalks shall be placed in the right-of-way, parallel to the street
within the right-of-way, unless an exception has been permitted to
preserve topographic or natural features or to provide visual interest
or unless the applicant shows that an alternative pedestrian system
provides safe and convenient circulation.
B.
Sidewalks shall connect the main entrance of each building with the
street or with the interior road giving access to the building. Interior
roads giving access to buildings shall have a sidewalk on at least
one side of such road. Sidewalks shall further be provided where needed
to protect the safety of pedestrians. All sidewalks shall be constructed
to meet the requirements of the Director of Public Works and the Code
of the City of East Orange. Sidewalks shall be accessible for the
physically handicapped in accordance with the federal Americans with
Disabilities Act (ADA) requirements.
C.
Sidewalks shall be surfaced so that they will be easily maintained
and properly illuminated if in use after sunset.
D.
The entire route or alignment of sidewalks shall be visible from
a street or other public way.
E.
Sidewalks shall have a minimum paved width of four feet. Where sidewalks
abut the curb and cars overhang the sidewalk, sidewalk width shall
be five feet.
F.
When dedicated by the property owner to the City as a public walkway,
the sidewalk shall have an easement with a minimum width of 10 feet.
A.
Lighting shall be provided in accordance with a plan designed by
the utility company and/or with the approval of the Director of Public
Works.
B.
Lighting for safety shall be provided at intersections, along walkways,
at entryways, between buildings and in parking areas.
C.
Spacing of light standards shall be equal to approximately four times
the height of the light standard.
D.
The height and shielding of light fixtures shall provide proper lighting
without hazard to drivers or nuisance to residents, and the design
of light standards shall be of a type appropriate to the development
and the municipality.
E.
Spotlights, if used, shall be placed on standards pointing toward
the buildings and positioned so as not to blind the residents, rather
than on the buildings and directed outwards which creates dark shadows
adjacent to the buildings.
F.
Illumination standards.
(1)
Illumination in general. All exterior areas of a site shall be illuminated
at night in accordance with the standards herein. This shall include,
but not be limited to, pedestrian pathways, plazas, courtyards, building
entrances, parking and driveway areas, and other outdoor spaces commonly
used at night. When such areas are not in active use, lighting shall
be sufficient to allow for appropriate surveillance for crime prevention
purposes but shall be designed and installed in such a way as to minimize
glare or intrusive light onto adjoining properties.
(2)
All wires and cables used for the provision of lighting from freestanding
structures shall be underground.
(3)
All exterior lighting fixtures, however mounted, shall be provided
with shields as necessary to confine the illumination to the site
upon which it is located to the standards set forth herein and to
eliminate glare on any adjacent properties and to adjacent streets.
(4)
Illumination and design standards.
(a)
Illumination levels at the property line of a project shall
not be more than 0.5 footcandle at any point when the project is located
next to any residential use or residentially zoned property. The illumination
levels at the property line of a project adjacent to any other use
shall not be more than 1.0 footcandle.
(b)
The spacing between poles illuminating large open areas, including,
but not limited to, surface parking areas or lots, parks or the grounds
of multifamily housing complexes, shall be no closer than 2 1/2
times the pole height. Light poles must be positioned to enable walkways
to comply with local, federal or state disabled persons' access legislation.
(c)
Illumination levels.
[1]
Off-street/surface parking areas or lots as well as private
roadway areas shall comply with the following requirements: Illumination
levels outside the radius of any light pole (with radius equaling
the height of the pole, not to exceed 30 feet, but no less than 20
feet) shall range between a minimum of one footcandle and a maximum
of three footcandles.
[2]
Access drives for nonresidential uses and multifamily housing
shall be illuminated with at least one footcandle.
[3]
Entrances and exits of nonresidential structures and multifamily
housing shall have a minimum illumination level of three footcandles
and a maximum level of five footcandles.
[4]
Single-, two-, three- and four-family residential uses shall
have a maximum illumination level of three footcandles at the driveway
or walkway, but no more than 0.5 footcandle at any property line elsewhere
on the site.
[5]
Pedestrian walkways or bikeways shall have an illumination level
ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles.
[6]
Exterior stairwells and landings for residential and nonresidential
uses shall have a minimum illumination level of three footcandles.
[7]
Large open areas and the grounds of multifamily housing complexes
shall have a minimum illumination level of 0.5 footcandle and a maximum
level of two footcandles.
[8]
Canopied areas, such as those found at drive-through facilities
at banks, service stations, car washes, shall have a maximum illumination
level of 15 footcandles with a maximum-to-minimum illumination level
ratio of 2:1.
[9]
Display areas at outdoor dealerships for new and used products,
including, but not limited to, automobiles, trucks, motorcycles and
boats, shall have a maximum illumination level of 15 footcandles for
any row or tier of display that is adjacent to an external road or
street, and a maximum level of 10 footcandles for all other rows or
tiers of display. Entrances and exits shall not exceed 10 footcandles.
[10]
Illumination levels for outdoor recreational facilities,
such as, but not limited to, football fields, soccer fields, baseball
fields or tennis courts, shall be determined on a case-by-case basis
by the staff of the approving agency.
[11]
For all other outdoor spaces, the minimum illumination
standard shall be 0.5 footcandle. Such illumination shall be controlled
by motion-sensor lighting.
[12]
For the parking areas of enclosed parking garages,
a minimum lighting level of two footcandles shall be maintained.
(d)
Architectural lighting.
[1]
Fixtures used to accent architectural features, materials, colors,
style of buildings or art shall be located, aimed and shielded so
that light is directed only on those features. Such fixtures shall
be aimed or shielded so as to minimize light spill into the sky. Such
fixtures shall not generate excessive light levels, cause glare, or
direct light beyond the facade onto neighboring property, streets
or the night sky.
G.
Height standards.
(1)
Freestanding lights.
(a)
In the R-1, R-2, R-3, TR-2 and TR-3 Districts, the maximum height
of freestanding lights shall not exceed the height of the principal
building or 20 feet, whichever is less.
(b)
In all other districts, the maximum height of freestanding lights
shall not exceed the height of the principal building or 25 feet,
whichever is less.
(2)
Mounting heights. The mounting height of any building-mounted light
source shall be the lowest height possible to achieve appropriate
illumination, but in no case shall the mounting height exceed 20 feet
above grade.
A.
All electric, telephone, television and other communication facilities,
both main and service lines servicing new developments, shall be provided
by underground wiring within easements or dedicated public rights-of-way,
installed in accordance with the prevailing standards and practices
of the utility or other companies providing such services.
B.
Lots which abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have heretofore been installed may be supplied with electric
and telephone service from those overhead lines, but the service connections
from the utilities' overhead lines shall be installed underground.
In the case of existing overhead utilities, should a road widening
or an extension of service or other such condition occur as a result
of the subdivision and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground.
C.
Where overhead lines are permitted as the exception, the placement
and alignment of poles shall be designed to lessen the visual impact
of overhead lines, as follows: Alignments and pole locations shall
be carefully routed to avoid locations along horizons; clearing swaths
through treed areas shall be avoided by selective cutting and a staggered
alignment; trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments; and alignments
shall follow rear lot lines and other alignments.
D.
Year-round screening of any utility apparatus appearing above the
surface of the ground, other than utility poles, shall be required.
A.
Design and placement of traffic signs 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.
B.
There shall be at least one street sign at each intersection unless
there is an existing approved street sign to be installed by the Department
of Public Works at the expense of the applicant.
C.
Site information signs shall follow a design theme related and complementary
to other elements of the overall site design.
A.
Dimensions of parking and loading spaces.
(1)
Required parking spaces shall have dimensions of at least 8 1/2
feet minimum width by 18 feet minimum length. When the number of required
spaces results in a fraction, the fraction 1/2 and over count as one
parking space. Required loading spaces shall have a minimum width
of 12 feet, a minimum length of 45 feet and a minimum clear height
of 15 feet.
(2)
Parking spaces for the handicapped shall be in conformance with the
Uniform Construction Code (N.J.A.C. 5:23) and federal ADA standards.
C.
Entrances and exits. Entrances and exits to any such parking area
shall be properly marked by an approved sign to show boundaries of
entrance and exit areas and the direction of traffic.
D.
Wheel stops; bumpers; curbing. All areas utilized for parking shall
have wheel stoppers, bumpers and curbing to serve as barriers for
each stall to prevent vehicles from moving onto the adjacent landscaped
areas, and all such parking areas shall further be protected by appropriate
barriers to prevent erosion of the landscaped areas under normal weather
conditions.
E.
Retaining walls in parking areas. Where, by reason of any construction,
there shall be created a difference in grade between lands of the
adjoining owner along the boundary line of two feet or more, a retaining
wall shall be required along such boundary in conjunction with any
parking area, driveway or loading area.
F.
Access to off-street parking; curb cuts. Access to off-street parking
areas shall be limited to several well-defined locations. Each of
said curb cuts shall not exceed the width of its corresponding driveway
plus a two-foot-wide flare at each side. In no case shall there be
permitted unrestricted access along the length of the street or streets
upon which the parking area abuts.
G.
Pedestrian walks. There shall be a paved pedestrian walk from any
doorway of any building to the immediately adjacent driveway or parking
area, which pedestrian walk shall be at least four feet in width and
raised at least four inches above the level of the driveway or parking
area.
H.
Surfacing markings. The driveway and parking and loading areas shall
be surfaced with concrete or asphaltic mix and shall be clearly marked
to show the parking arrangement.
I.
Drainage. All driveway, parking and loading areas shall be constructed
to provide sufficient drainage to prevent an accumulation of water
upon the surface of the lot or from being directed onto the surface
of adjoining lots or public rights-of-way.
A.
General provisions.
(1)
Purpose: to establish and maintain the maximum sustainable amount
of landscaping and tree cover on public and private lands in the City
of East Orange. It is the purpose of this section to control soil
erosion, sediment damage and related environmental damage by required
adequate provisions for surface water retention and drainage and for
protection of exposed soil surfaces in order to promote the safety,
public health and general welfare of the community. Desires in this
section are to regulate and control indiscriminate and excessive cutting
of trees within the City; preserve the maximum possible number of
trees in the course of development of a site; protect specimens of
trees; and provide the replacement of trees. The Council of the City
of East Orange does herein decide and find that trees are among the
City's most valuable assets, greatly enhancing the appearance of the
City, and contribute to its urban environment, character and aesthetics.
(2)
AESTHETIC IMPROVEMENT CUT
PERSON
REPLACEMENT TREE
SHADE TREE
STREET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The removal to the maximum extent possible of the smallest
and poorest specimens of trees so as to permit land development while
retaining the maximum number of larger and healthier specimens of
trees.
Includes associations, firms, partnerships and corporations
as well as individuals.
A specific plan for replacement of removed trees in accordance
with the provisions of this section.
Includes shade and ornamental trees and shrubbery planted
or growing upon and in the streets, highways, public alleys, public
places, parks and parkways, except county parks and parkways, in the
City of East Orange.
Includes streets, roads, roadways, highways, public alleys,
public places, parks and parkways, except county parks and parkways,
within the City of East Orange.
(3)
Applicability and exemptions. This section shall apply to all developers
and/or owners of real property involved with the erection, repair,
alteration or removal of any building or structure as well as the
grading in anticipation of such development.
B.
Landscaping plans.
(1)
Landscaping plans shall be prepared for all development activity
as specified in this section by a certified landscape architect or
qualified professional.
(2)
A detailed landscaping plan shall be submitted with each site plan
application. Landscape plans shall show all existing trees of at least
two-inches-in-caliper diameter and higher. In addition, the plan shall
show all proposed building footprints and all hardscape surfaces.
The landscape plan shall identify the species, varieties, size at
time of planting and quantity of plant materials, ground cover, natural
features such as rock outcroppings and other landscaping elements.
The plan shall identify any existing trees or vegetation proposed
for removal. When existing natural growth is proposed to remain, the
applicant shall include in the plans proposed methods on the site
plan to protect existing trees and growth during and after construction.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide at
least four inches of even cover to all disturbed areas of the development
and shall be stabilized for seeding or planting.
(2)
Removal of debris. All stumps and other tree parts, litter, brush,
weed excess or scrap building materials or other debris shall be removed
from the site and disposed of in accordance with local law and state
regulations.
(3)
Plant species. The plant species selected should be suitable for
the particular climatic zone in which the development is located.
D.
Protection of existing plantings.
(1)
Maximum effort should be made to save fine specimens (because of
size and relative rarity) whenever possible. Existing trees of six-inch
caliper or over shall not be removed unless they are so located as
to interfere unduly with construction. No materials or temporary soil
deposits shall be placed within four feet of shrubs or 10 feet of
trees designated to be retained.
(2)
Protective barriers or tree wells shall be installed around each
plant or group of plants that is to remain on the site. Barriers shall
not be supported by the plants they are protecting but shall be self-supporting.
Temporary snow fences and silt fences are examples of acceptable tree
protection barriers. They shall be a minimum of four feet high and
constructed of durable materials that will last until construction
is completed.
E.
Slope plantings. Landscaping of the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one foot vertically to three feet horizontally shall
be planted with ground covers appropriate for the purpose and soil
conditions, water availability and environment.
F.
Residential landscaping standards. Landscaping plans for new or rehabilitated
residential properties shall be reviewed by the Site Plan Review Advisory
Committee and Building Code Official based on the minimum criteria
in this section and, where applicable, conditions of approval established
by the Planning Board or Board of Adjustment through the development
approval process. The plans shall be consistent with objectives in
the East Orange Master Plan, landscaping design guidelines and neighborhood
character. Minimum criteria:
(1)
In the front yard, four shrubs with a minimum height of 36 inches
at the time of planting must be planted for every 10 linear feet of
foundation along the portion of the building facing a public or private
street. The linear foot measurement shall be determined by rounding
up or down to the nearest 10.
(2)
In the corner side yard, four shrubs with a minimum height of 36
inches at the time of planting must be planted for every 10 linear
feet of foundation along the portion of the building facing a public
or private street. The linear foot measurement shall be determined
by rounding up or down to the nearest 10.
(3)
Planting beds around the perimeter of the building must be covered
with ground cover or mulch.
G.
Nonresidential landscaping standards. Landscaping standards for nonresidential
buildings shall be subject to the review and approval by Site Plan
Review Advisory Committee and Building Code Official. The following
minimum standards shall be met, unless expressly waived by the Board
of Adjustment or Planning Board. Minimum criteria:
(1)
At least 50% of the open space on site shall be landscaped.
(2)
One shrub shall be planted for every 50 square feet of the areas
required to be landscaped. For shrubs that measure at less than five
feet in height, minimum installation size shall be two feet tall.
For shrubs that mature taller than five feet in height, minimum installation
size shall be three feet tall.
(3)
Foundational plantings of a minimum width of three feet shall be
provided on all sides of the main building except where sidewalks,
driveways or other hardscape abuts the structure. Foundation plantings
shall be comprised of a combination of shade trees, ornamental trees,
shrubs, ground cover or mulch and flowers. Layered trees, shrubs,
flowers and ground cover and decorative hardscape features complementary
to the site and building design should be utilized to enhance the
visual character of the project.
(4)
Landscaping should be used to soften the appearance of wall surfaces
and fences. Screening materials should provide a clear line of sight
between 32 inches and five feet above grade.
H.
Parking lot landscaping standards.
(1)
Amount required. Parking lots of five or more spaces shall be landscaped
consistent with the following standards. A planting island of at least
120 square feet in area and at least six feet in width shall be provided
for every 10 parking spaces, or a continuous landscape strip at least
six feet in width between parking rows shall be provided at the end
of each row of parking stalls. All landscape islands shall be crowned
to allow for positive drainage. One shade tree shall be provided for
every 120 square feet of landscape island, or one shade tree shall
be provided for every 30 linear feet of continuous landscape strip.
Parking lot street frontage screening and perimeter screening shall
be a minimum of four feet wide.
(2)
Planting. Shade trees shall compromise at least 60% of the landscape
material. Ornamental trees, shrubbery, hedges and other plant materials
may be used to supplement trees. Planting required within the parking
lot is exclusive of other planting requirements, such as replacement
or new planted trees.
(3)
Location. The landscaping should be located in protected and public
areas, such as long walkways, in center islands, at the end of bays
or in diamonds between parking stalls.
I.
Right-of-way landscaping standards. In conjunction with a subdivision,
development or redevelopment of property, the publicly owned right-of-way
shall be restored consistent with the following standards:
J.
Public right-of-way landscaping standards. Private landscaping shall
not encroach onto the City's right-of-way.
K.
Fence landscaping standards. Fences shall be screened from adjacent
rights-of-way consistent with the requirements of this chapter.
L.
Buffering specifications.
(1)
Buffering shall provide a year-round visual screen in order to minimize
adverse impacts from a site on an adjacent property or from adjacent
areas. It may consist of fencing, walls, plantings and deciduous berms,
boulders, or combinations of these elements, to achieve the stated
objectives.
(2)
Buffering shall be required when topographical or other barriers
do not provide reasonable screening and when the Planning Board determines
that there is a need to shield the site from adjacent properties and
to minimize adverse impacts such as incompatible land uses, noise,
glaring lights, traffic and other nuisances to provide privacy and
screening between dwelling units or uses. Where required, buffers
shall be measured from side and rear property lines, excluding access
driveways.
(a)
Where more-intensive land uses abut less-intensive uses, a buffer
strip 10 feet in width shall be required. The height of the buffer
shall be a minimum of six feet.
(b)
Parking areas, refuse collection and utility areas, loading
and unloading area, outside storage, where permitted, shall be screened
around their perimeter by a buffer strip a minimum of five feet wide.
The height of the buffer screen shall be a minimum of four feet.
(c)
Garages that are within 20 feet of a residential building on
adjoining premises shall, where feasible, be provided with landscaping
or fencing to serve as a screen or buffer from such residential building.
(3)
Plant materials shall be sufficiently large and planted in such a
fashion that operates a visually dense screen at least six feet in
height that shall be produced within three growing seasons. All plantings
shall be installed according to accepted horticultural standards.
(4)
All parking areas with capacity for five or more cars shall be screened
from adjacent properties, and the street landscaping, shrubbery, flowers,
plants or trees which may be expected to form a year-round dense screen
of four feet high shall be erected to screen the parking or loading
areas and the driveways from adjacent properties and the street.
(5)
A mixture of hardy flowers and/or shrubs, plants, ornamental, deciduous
trees may be planted. The area between trees shall be planted with
shrubs or ground cover or covered with mulch.
(6)
Planting shall be watered and maintained regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials or parking shall be permitted within the buffer area.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
M.
Trees on public and private property.
(1)
Location. Street trees shall be installed on both sides of all public
streets in accordance with the approved landscape plan. Trees shall
either be massed at critical points or spaced evenly along the street,
or both. Trees on private property shall not encroach in the public
right-of-way and shall be situated in a suitable location.
(2)
Planting shade or ornamental trees on public highways. No shade or
ornamental tree or shrub shall be planted by anyone but a representative
of the Public Works Department or its designated agent in any of the
public highways of this City.
(3)
Tree and bush size and spacing. Trees and shrubs shall be planted
according to the following spacing requirements:
(a)
Trees.
[1]
Small trees which have an ultimate height of 25 feet shall be
planted 15 to 20 feet intervals on center.
[2]
Medium trees which have an ultimate height of 26 to 40 feet
shall be planted 20 to 35 feet intervals on center.
[3]
Large trees which have an ultimate height greater than 40 feet
shall be planted 25 to 45 feet intervals on center and shall not conflict
with driveways, fire hydrants, light or utility poles, and shall be
spaced according to existing trees if applicable.
(4)
Preferred tree list. Preferred trees for private and public property
shall include the following species, types and sizes:
|
Species
|
Height
(feet)
| |
|---|---|---|
|
Street trees
| ||
|
Red maple — Acer rubrum (Armstrong) or (October Glory)
or (Red Sunset)
|
50+
| |
|
Sweetgum — Liquidambar styraciflua (Rotundiloba)
|
40+
| |
|
Green ash — Fraxinus pennsylvanica (Marshall's Seedless)
or (Urbanite® Seedless)
|
70
| |
|
Japanese zelkova — Zelkova serrata (Village Green) (Green
Vase)
|
50 to 60
| |
|
Redspire pear — Pyrus calleryana (Redspire)
|
25 to 30
| |
|
Sugar maple — Acer saccharum (Goldspire)
|
35 to 40
| |
|
Crimson king norway maple — Acer plantanoides (Crimson
King)
|
30 to 40
| |
|
Green pillar pin oak
|
50 to 60
| |
|
Bloodgood london plane tree
|
70
| |
|
Fastigiate golden rain tree
|
35
| |
|
Redmond linden
|
65 to 75
| |
|
Trees on private property
| ||
|
Katsura tree — Cercidiphyllum japonicum
|
50
| |
|
Chinese fringetree — Chionanthus retusus
|
25
| |
|
Fringetree — Chionanthus virginicus
|
20
| |
|
Yellowwood — Cladrastis lutea
|
40
| |
|
Washington hawthorne — Crataegous phenopyrum
|
25
| |
|
Silverbell — Halesia carolina
|
30
| |
|
Sourwood — Oxydendrum arboreum
|
30
| |
|
Hedge maple — Acer campestre
|
25
| |
|
Kousa dogwood — Comus kousa and Comus kousa (Milky Way)
and Comus kousa (Summer Stars)
|
25
| |
|
Schumard oak — Quercus imbricaria
|
60
| |
|
Sawtooth oak — Quercus acutissima
|
50
| |
|
Northern red oak — Quercus rubra (Borealis)
|
75 to 95
|
(5)
Planting specifications. All trees shall have a minimum caliper of
three inches, and they shall be nursery-grown, of substantially uniform
size and shape, and have straight trunks. Trees shall be properly
planted and staked and provision made by the applicant for regular
watering and maintenance until they are established. Dead or dying
trees shall be replaced by the owner during the next planting season.
(6)
Trees on subdivisions. For major and minor subdivisions, a tree replacement/planting
plan must be submitted in a narrative form with tree details sufficient
to identify existing and proposed trees. Tree plan must indicate how
the project will meet the requirements of this section. For residential
subdivisions, a copy of the tree protection and/or replacement plan
shall be forwarded to the Property Maintenance Department and the
Department of Public Works.
(7)
Evaluation criteria used for saved trees. Trees to be saved on a
property should be evaluated using the following criteria in priority
order:
(a)
Species and condition (maintain slower-growing trees in good
condition).
(b)
Long-term suitability of the tree for its present location.
(c)
Soil erosion prevention and reduction of stormwater runoff.
(d)
Ability to moderate temperature changes, provide shade and reduce
wind forces.
(e)
Ability to screen noise and visual improprieties or ability
to enhance property.
(f)
The number of other trees growing under the same conditions,
and the precedent that would be set by removing the tree in question.
(g)
Length of time to mitigate losses.
(h)
Expected long-term maintenance costs for a tree compared to
other trees of the same age/size.
(i)
Impact on property values and aesthetics.
(8)
Evaluation criteria used for tree removal. Trees to be removed on
a property should be evaluated using the following criteria in priority
order:
(a)
Tree is dead.
(b)
There is a clear and reasonable risk of failure that could cause
injury or property damage, including existing utility service, and
corrective measures are not feasible and/or tree is a safety hazard.
(c)
Tree is in poor condition with several dead branches or major
cracks.
(d)
Contagious and fatal disease is present as determined by the
Shade Tree Division.
(e)
Tree has a greater than 45° lean toward traffic or another
target, or it creates an unsafe vision clearance for pedestrians or
vehicular traffic.
(f)
There is the potential of the tree to damage existing or future
hardscape features such as driveways or sidewalks.
(9)
Replacement and new tree planting calculation schedule.
(a)
Replacement trees on property with existing trees that are equal
to or greater than three-inch caliper shall be as follows:
|
Percentage of Trees Removed from Project Area Permitted
for Development
|
Percentage of Removed Trees to be Replaced
(using trees with a minimum three-inch caliper)
| |
|---|---|---|
|
80% to 100%
|
80%
| |
|
60% to 79%
|
60%
| |
|
40% to 59%
|
40%
| |
|
20% to 39%
|
20%
|
(b)
New tree plantings on property with no trees which are equal
to or greater than three-inch caliper shall be planted as follows:
|
Square Footage Size of Lot Permitted for Development
(square feet)
|
Minimum Number of New Trees Planted
(minimum three-inch caliper)
| |
|---|---|---|
|
2,000 to 9,000
|
4
| |
|
9,001 to 20,000
|
8
| |
|
20,001 to 60,000
|
12
| |
|
60,001 to 100,000
|
12
| |
|
100,001 or larger
|
20
|
(10)
Guarantees. All replacement and new tree plantings shall be
guaranteed for two years from the date of final inspection to and
development approval for the project. The entire site shall have a
survival rate of 85% or more.
(11)
In-lieu fees. In lieu of planting all replacement trees required
on the site, the board shall permit the applicant to contribute an
amount equal to the current cost of each replacement tree not planted
to a fund established by the City for environmental programs such
as tree preservation, tree plantings or other comparable environmental
planting projects as recommended by the Shade Tree Division. The developer
may apply this option to up to 40% of the required number of replacement
trees. All requests to make contributions in lieu of planting replacement
trees in excess of 40% of the required number of replacement or new
tree plantings must be approved by the Planning Board or Board of
Adjustment.
(12)
Applicant waivers. Where an applicant claims that the cost and/or area dimensions of the property in which the required number of replacement trees, as determined by the formula in Subsection M(9) of this section, would impose a hardship, the board may, in its discretion, reduce the required number of replacement trees by no more than 10% of the total obligation as determined by Subsection M(9) of this section. In support of such a claim, the applicant shall submit written cost estimates from three sources for board review. Each estimate shall include the species, size, number and price of the replacement trees. As to each request for relief pursuant to this subsection, the board shall consider the following:
(a)
Unique natural features such as topography, drainage, aquifer
recharge soils, wetlands and floodplains, stands of rare or substantially
mature trees, and the like.
(b)
Sufficient mature trees and vegetation exist on the site in
a manner that the intent of this section is satisfied.
(c)
Installing plant material would compromise the health, vitality
or ecology of the existing vegetation on the site or on neighboring
sites.
(d)
The location of necessary improvements.
(e)
The extent of lands to be dedicated to the City.
(f)
The legal status of the applicant, such as profit-making, nonprofit,
charitable, or quasi-municipal volunteer organizations, such as fire
companies and rescue squads.
(g)
Whether the relief can be granted without substantial detriment
to the public good and will not substantially impair the intent and
purpose of this section.
(13)
Alternative compliance. As another method of alternative compliance,
the City will accept donations to the East Orange Tree Replacement
Planting Fund, which will be used for the sole purpose of planting
trees on public property in the same areas of the City as the project
site. This alternative compliance option shall be used in the following
instances: 1) board denies applicant's request for a waiver of requirements
of this section; or 2) developer voluntarily seeks to contribute to
the East Orange Tree Replacement/Planting Fund. In no instance, shall
more than 40% of the required site tree plantings be met through this
alternative compliance. As many trees as can reasonably be expected
to survive must be planted on the project site in question.
(14)
Fund administration for East Orange Tree Replacement/Planting
Fund. The East Orange Tree Replacement Fund will be administered by
the Department of Public Works collaboratively with the Finance Department.
(a)
The Department of Public Works will be responsible for collecting
in-lieu-of fees for required tree plantings of this section. The Department
of Public Works is required to deposit these funds in the Tree Replacement/Planting
Fund account designated by the City's Finance Department. Off-site
replanting funds shall be used for street tree, landscaping projects,
and for tree care, maintenance and preservation techniques throughout
the City of East Orange.
(b)
The predominate intent of the off-site replanting account is
to be used for public City projects. These funds shall not be used
to satisfy landscaping permit requirements for developments.
(c)
The following prioritization for the allocation of funding from
the Tree Replacement/Planting Fund shall be utilized: 1) maintenance
and preservation of any City-owned tree within residential and commercial
zoned areas; 2) planting new trees and landscaping projects on City-owned
property; 3) planting trees and landscaping on property owned by a
nonprofit organization when a substantial public benefit is provided.
(d)
Expenditures for projects shall be in accordance with the City
procurement policies and procedures.
(e)
A yearly report by the Department of Public Works shall be submitted
to the City Administrator, showing amounts collected, amount spent,
and the types and locations of trees planted. The report will be made
available to the Mayor, City Council and the general public upon request.
(15)
Off-site planting. If trees are to be planted at another location,
the following criteria must be observed: The off-street location should
be in the same area of the City as the project site and should be
selected by joint consultation between the developer and the Public
Works Department. If they are unable to agree upon a mutually acceptable
site, then the Site Plan Review Advisory Committee shall provide the
final location recommendation.
(16)
Replacement plan changes. Any substantial change in a tree replacement
plan stated within site plans submitted pursuant to this section shall
necessitate the submission of a revised plan to the Site Plan Review
Advisory Committee for full review and approval.
(17)
Certificate of occupancy, required landscape plan.
(a)
A final certificate of occupancy shall be issued only upon the
completion of plantings in accordance with the approved landscape
plan as determined by the Building Code Official and the Director
of Public Works.
(b)
Conditional occupancy permit. A conditional occupancy permit
may be issued in the reasonable discretion of the Building Code Official
of the City of East Orange in the event that, due to time of year,
planting cannot occur; provided, however, that a cash bond equal to
100% of the cost of the landscaping is posted to insure installation
of the approved landscaping during the next available planting season.
A conditional occupancy permit may also be issued when City inspection
of the landscaping does not occur within five business days of a request
for a final landscape plan.
N.
Tree nuisance and protection.
(1)
Dangerous trees. Any tree on private property which overhangs any
sidewalk, street or other public property in such a way as to impede
or interfere with traffic, and any tree or limb which has become likely
to fall on or across any public right-of-way or public property, shall
be trimmed or removed by the owner of the property on which the trees
grows so that the obstruction or danger is removed. If a determination
is made by the Public Works Department that a tree poses an immediate
threat to life or limb, the Building Code Official may order the removal
of the portion of the tree posing the immediate threat.
(2)
Nuisance trees. Mulberry, Wild cherry and Sumac ("stink weed") are
nuisance trees that are prohibited from being planted on any property
within the City of East Orange. Nuisance trees identified in this
section shall not be used as replacement trees.
(3)
Root pruning procedures. In the event construction makes it necessary
for the roots of any shade tree on public property to be cut or pruned,
the property owner or contractor must remove all pavement and excavate
the soil around the root of the tree, exposing the root. Property
owner or contractor will notify the Shade Tree Division of the Public
Works Department at least 48 hours prior to the commencement of said
root pruning work. No roots of any shade tree shall be cut or pruned
by anyone except Shade Tree Division personnel or except under the
direct supervision of Shade Tree Division personnel. Aesthetic improvement
cuts are encouraged where appropriate. The property owner or contractor
shall obtain all permits necessary for construction pursuant to the
East Orange Building Code prior to any work commencing.
(4)
Protection during construction or repair. In the erection, altering
or the repairing of any building or structure, the person engaged
in such operation shall place such guards around all nearby trees
as will effectually prevent injury to such trees.
(5)
Excavations. Excavations in streets or on other publicly owned property
shall occur in a manner that minimizes injury to any tree. In cases
where excavation may impact the roots or any other part of a tree,
prior written approval from the Director of Public Works is required
prior to excavation to ensure that appropriate steps are taken to
minimize or mitigate the effect of such impact.
(6)
Property owner responsibility for trees on property. It shall be
the duty and responsibility of all property owners to maintain the
grounds of maintenance strips on the owner's property, regardless
of whether such property is developed. This maintenance shall include
watering as needed and keeping such strips free from weeds or any
obstructions contrary to public safety. Property owners shall be responsible
for watering mature City street trees whenever landscaping of the
property is changed in such a manner as to deprive the tree of its
normal source of moisture. Such watering shall be continued during
dry weather until the street tree becomes acclimated to the new environment,
but need not exceed three years.
(7)
Notice to owner. Service of notice to an owner or occupant shall
be served by personal service or by certified mail, return receipt
requested. For purpose of this section, an owner shall be defined
as the person to whom the tax bill for the general taxes for the last
proceeding year on the lot or parcel on which the diseased or infected
tree is located was sent.
O.
Prohibited activities.
(1)
Obstruction of roots of trees. No person shall hereafter place or
maintain upon or under the surface of the ground in any street in
East Orange any cement, stone, flagging or other material or substance
in such manner as to obstruct the free access of air and water to
the roots of any shade tree, and it shall be the duty of any such
person who shall place or cause to be placed any cement, stone, flagging
or other material in or near any such shade tree to leave at the base
of the trunk of any such tree an open space of ground not less than
four feet outside the trunk on all sides. In the event of the failure
of anyone to observe the provisions of this section after reasonable
notice to comply herewith, this section may, at any time, cause the
removal of any stone, cement, flagging or other substance or materials
which have been or may hereafter be placed around the base of the
trunk of any such shade tree in violation of the provisions of this
section.
(2)
Cutting trees or protective devices, spraying with chemicals and
attaching fixtures. No person shall cut, prune, break, climb, injure
or remove any shade tree in a public street; or cut, disturb or interfere
in any way with the roots or bark of any shade tree; or spray with
any chemicals or insecticides any shade tree; or place any rope, sign,
poster or other fixture on a shade tree or guard; or injure, misuse
or remove any device placed to protect such shade tree on public highways,
provided that nothing herein shall prevent any governmental agency
from tying a public notice upon a tree in connection with administering
governmental affairs.
(3)
Damaging or destroying trees. No person shall, by any means or in
any manner, willfully, carelessly or negligently damage or destroy
a shade tree or cause the same to be done by others.
(4)
Fires. No person shall make or permit any fire between the sidewalk
and the curb or in any area where a tree or any part thereof may become
injured.
(5)
Removing or transplanting trees for personal advantage. If any person
shall request the removal or transplanting of any shade tree, which
removal or transplanting, in the opinion of the Department of Public
Works, is of no advantage to the general public but to the said person
requesting the work, then such person shall pay the cost of such work,
said cost to be determined by the Department of Public Works. Said
cost of removal or transplanting of such shade tree shall be based
upon the size and condition of the tree and on the cost of planting
a replacement tree in a new location, if applicable. A deposit sufficient
to cover the cost of said work shall be made before the work is started.
(6)
Tar kettles, road rollers or other machinery. No person shall permit
any tar kettle, road roller or other engine to stand in such a manner
as to injure a shade tree.
(7)
Gas, saltwater and weed killers. No person shall use or authorize
any gas, saltwater, brine water, oil, liquid dye, arsenical weed killer
or other substance deleterious to tree life to lie, lead, pour, flow
or drip on or into the soil about the base of a shade tree or into
a sidewalk, road or pavement therein at a point where such substance
may flow, drip or seep into such soil or in any other manner whatsoever
to injure such tree.
(8)
Wires, cables and insulators. No person shall, without the permission
of the Public Works Department, attach or fasten any electric, telephone
or telegraph wires, guy wires, cables or insulators to any shade tree
or any device for holding any of the foregoing to any shade tree.
(a)
Every person, firm or corporation having or maintaining any
electric, telephone, telegraph or other wires running through a public
highway or park shall securely fasten and maintain such wires in such
a manner as will safeguard the shade trees against any damage therefrom
and shall make periodical adjustments whenever necessary to prevent
damage to shade trees whenever requested by the Public Works Department.
(b)
In addition, such trees shall be kept properly trimmed in a
manner that is consistent with City regulations, subject to the approval
of the Director of Public Works, so that no injury shall be done to
either the poles and wires or the trees by their contact.
P.
Tree requests.
(1)
Planting shade or ornamental trees on public highways. No shade or
ornamental tree or shrub shall be planted by anyone but a representative
of the Public Works Department or its designated agent in any of the
public highways of this City.
(2)
Property owner requests on public property. The Public Works Department
or its designated agent will plant a tree for the property owner upon
written request, provided there is sufficient distance for the future
growth of said tree, and the charge shall be fixed by the Public Works
Department.
(a)
Shade trees heretofore planted by the Public Works Department
which have been removed because of disease, storm damage, accidents
or natural causes will be replaced by the Department at no charge
to the property owner, provided there is a minimum of 30 feet between
the trunks of standing trees and a minimum of 20 feet from streetlighting
fixtures on the same side of the street.
(b)
The type and selection of trees to be planted will be determined
by the Public Works Department.
Q.
Enforcement. No person shall prevent, delay or in any manner interfere
with personnel from the Public Works Department or its authorized
agents or representatives in the performance of their lawful duties
related to this section.
S.
Policies. It is the policy of the City of East Orange to line its
streets with trees and to conduct a consistent and adequate program
for maintaining, planting and preserving these trees. It is also the
policy of the City to encourage new tree planting on both public and
private property and to cultivate a flourishing and diverse urban
forest.
Walls and fences shall be erected where required for privacy,
screening, separation, security or to serve other necessary functions.
A.
Design and materials shall be functional; they shall complement the
character of the size and type of building, and they shall be suited
to the nature of the project.
B.
No fence or wall shall be so constructed or installed so as to constitute
a hazard to traffic or safety.
C.
Walls shall be designed and constructed to meet the requirements
of the Construction Official.
D.
Fences shall comply with the requirements of this chapter.
E.
Street furniture such as, but not limited to, trash receptacles,
benches, phone booths, etc., shall be located and sized in accordance
with their functional need.
F.
Street furniture elements shall be compatible in form, material and
finish. Style shall be coordinated with that of the existing or proposed
site architecture.
G.
Selection of street furniture shall consider durability, maintenance
and long-term cost.
Whenever a property is located in a flood hazard area, as defined
in the Federal Insurance Administration, any site plan submitted shall
conform to the Federal Insurance Administration regulations.
All sanitary sewer installations shall be in accordance with
the Residential Site Improvement Standards (N.J.A.C. 5:21).
All water mains, fire hydrants and appurtenances shall be connected
with the City's water system pursuant to the specifications of the
Board of Water Commissioners and the approval of the Water Engineer
and shall be in accordance with the Residential Site Improvement Standards
(N.J.A.C. 5:21).
A.
Surface runoff. Provision shall be made for safe and adequate drainage
of the surface runoff waters in and from the premises so that flooding
and erosion of the property and the property of others will be prevented.
Calculations on which the design of drainage facilities is based shall
be submitted with the site plan.
B.
Each development shall be required to provide adequate drainage facilities
along public streets. Where runoff from the development requires enlargement,
modification or reconstruction of existing City drainage structures,
such development shall pay the pro rata cost of such improvements.
C.
All drainage facilities shall be constructed to meet the requirements
of the Director of Public Works.
D.
In no case shall drainage of any sort be permitted across the public
walk into the roadway.
Soil erosion and sediment control devices of a permanent nature
or of a temporary nature during construction shall be installed in
accordance with the requirements of the New Jersey Soil Conservation
Service.
