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. 
Right-of-way width for new streets being created.
(1) 
The right-of-way width shall be measured from lot line to lot line and not be less than the following:
(a) 
Arterial streets: 80 feet.
(b) 
Collector streets: 60 feet.
(c) 
Minor streets: 50 feet.
(2) 
Where a circulation plan element of the Master Plan or a suitable traffic and engineering study has designed a right-of-way width for any street, that standard shall be followed.
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. 
Utilities and shade trees shall generally be located within the right-of-way on both sides of and parallel to the street.
B. 
Utility and shade tree areas shall have a minimum width of four feet and shall be planted with grass, ground cover or treated with other suitable cover material.
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.
B. 
Aisle widths. The minimum aisle width between two rows of parking vehicles using the same aisles shall be as follows:
(1) 
For ninety-degree parking: 24 feet.
(2) 
For sixty-degree parking: 18 feet.
(3) 
For forty-five-degree parking: 13 feet.
(4) 
For thirty-degree parking: 12 feet.
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.
J. 
Landscaping requirements. Parking lot landscaping requirements shall comply with Article XXIX, § 51-193, Landscaping.
K. 
Off-street parking requirements are enumerated in Article XXIV, § 51-164, Off-street parking requirements.
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) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AESTHETIC IMPROVEMENT CUT
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.
PERSON
Includes associations, firms, partnerships and corporations as well as individuals.
REPLACEMENT TREE
A specific plan for replacement of removed trees in accordance with the provisions of this section.
SHADE TREE
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.
STREET
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.
(4) 
Meet replacement and new tree planting requirements as stipulated in this section under Subsection M.
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:
(1) 
Graded and sodded. The unpaved portion of a public right-of-way abutting a parcel shall be fine-graded and sodded.
(2) 
Street trees. Street trees shall be replaced or planted consistent with the tree replacement or new planting schedule as identified in Subsection M(9)(a) or (b).
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.
(b) 
Bushes.
[1] 
Small shrubs, minimum 24 inches high, planted three feet on center.
[2] 
Large shrubs, minimum 36 inches high, planted three feet on center.
(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.
(a) 
No person shall pile any building material or make or mix any mortar or cement within six feet of any tree.
(b) 
No person shall operate steam shovels or other implements, machines or tools in such a manner as to damage or destroy any tree.
(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.
R. 
Violations and penalties. Any person found guilty of violating any of the provisions of this section shall be punishable in accordance with the provisions of § 51-45, Violations and penalties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 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.