A. 
The following subdivision and land development principles, standards and requirements will be applied by the Borough Council in evaluating plans for proposed subdivisions and land developments.
B. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.
C. 
Where literal compliance with the standards specified herein is deemed by Council to be impractical, the Borough Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
[Amended 11-10-2020 by Ord. No. 773]
D. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary. The request for modification may be referred to the Planning Commission for advisory comments.
A. 
All portions of a tract being subdivided or developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
B. 
Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
C. 
In general, lot lines shall follow municipal boundary lines rather than cross them.
D. 
Developers are required to preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
E. 
Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut or fill.
F. 
Improvement construction requirements shall be completed under the construction specifications of the Borough of Newtown, the specifications of the Pennsylvania Department of Transportation, Department of Environmental Protection, the Bucks County Conservation District, or other appropriate agencies or specifications included herein, whichever shall result in the most restrictive interpretation of this chapter and which standard exacts the highest quality, and shall comply with all local, state and federal statutes, ordinances and regulations, including without limitation the Americans with Disabilities Act, as amended,[1] and PennDOT design standards and specifications, as amended.
[Amended 8-10-2011 by Ord. No. 716]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
General standards.
(1) 
Proposed streets shall further conform in all respects to the Official Map of the Borough of Newtown, or to such other street plans or parts thereof as have been officially prepared and adopted.
(2) 
Proposed streets shall further conform to such county and state street and highway plans as have been prepared, adopted and/or filed as prescribed by law and to the requirements of a general plan of the area as developed.
(3) 
Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
(4) 
If lots resulting from original subdivision are large enough to permit further subdivision or if a portion of the tract is not subdivided or proposed for development, adequate street rights-of-way to permit further subdivision or development shall be provided.
(5) 
Dead-end streets shall be prohibited except as stubs to permit future street extension into adjoining tracts, or when designed as culs-de-sac.
(6) 
Stub streets greater in length than one lot depth shall be provided with a temporary turnaround to the standards required for culs-de-sac or shall be paved to the full width of the right-of-way for the last 75 feet of their length.
(7) 
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets. Street names shall not be repeated within the Borough or adjacent areas, and all street names shall be subject to the approval of the Borough Council.
(8) 
Private streets are prohibited.
B. 
Cul-de-sac streets.
(1) 
A permanent or temporary cul-de-sac exceeding 500 feet in length may be approved only if conditions of the tract warrant a longer cul-de-sac.
(2) 
Culs-de-sac shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than 60 feet and shall be paved to a radius of not less than 48 feet.
(3) 
Culs-de sac shall have a minimum length of 250 feet.
(4) 
Drainage of culs-de-sac shall be toward the open end.
C. 
Street and alley standards.
[Amended 11-10-2020 by Ord. No. 773]
(1) 
Street right-of-way widths and cartway widths shall be as established on the Plan of Newtown Borough Streets (1962); or as a minimum for proposed streets, a fifty-foot right-of-way and a twenty-six-foot cartway where on-street parking is prohibited and a thirty-six-foot cartway where on-street parking is permitted.
(2) 
Alleys serving two-way traffic shall have a cartway width of eighteen feet, increased to twenty-six feet to accommodate parallel parking on one side; alleys serving one-way traffic shall have a cartway width of fourteen feet, increased to twenty-two feet to accommodate parallel parking on one side.
(3) 
Minimum curb radii for alley-to-street and alley-to-alley intersections shall be twenty feet.
(4) 
Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be dedicated to conform to the standards set by the Borough.
D. 
Street alignment.
(1) 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
(2) 
To insure adequate sight distances, minimum center-line radii for horizontal curves shall be 150 feet.
(3) 
A long radius curve shall be preferred in all cases to a series of curves and tangents.
(4) 
The approaches to an intersection shall follow a straight course for at least 50 feet.
(5) 
Any applicant who encroaches within the legal right-of-way of a state highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation, Permits Office, Doylestown, Pennsylvania. No plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945[1] (P.L. 1242, No. 428), known as the "State Highway Law," before driveway access to a state highway is permitted. The plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit. The Borough shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by PennDOT.
[1]
Editor's Note: See 36 P.S. § 670-420.
(6) 
The applicant shall obtain a letter from the Pennsylvania Department of Transportation indicating that the plan has been reviewed and approved in concept and that traffic considerations, driveways, and the discharge of water on the road right-of-way have been approved.
E. 
Street grades.
(1) 
Center-line grades shall not be less than 1%.
(2) 
Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change and to provide the following adequate sight distances.
(a) 
For overcrests (summits), each 1% difference in gradients shall use thirty-two-foot length of curve.
(b) 
For undercrests (sags), each 1% difference in gradients shall use twenty-five-foot length of curve.
(3) 
Where the grade of any street at the approach to an intersection exceeds 4%, a leveling area shall be provided having not greater than 4% for a distance of 40 feet measured from the nearest right-of-way in the intersecting street.
(4) 
Maximum grade within any intersection shall not exceed 1% on the stop street.
F. 
Street intersections.
(1) 
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60°.
(2) 
Multiple intersections involving junction of more than two streets shall be avoided.
(3) 
Clear sight triangles shall conform to the following regulations:
(a) 
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A clear sight triangle of 25 feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than two feet above the street grade, except that tree branches may fall in the clear sight triangle, provided that they are either lower than two feet or higher than eight feet above grade level.
[Amended 11-10-2020 by Ord. No. 773]
(4) 
Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 feet between their center lines.
(5) 
Minimum curb radii at street intersections shall be 20 feet.
G. 
Street access. Private driveways shall be located not less than 40 feet from the intersection corner of corner lots and shall provide access to the street of lower classification when a corner lot is bounded by streets of two different classifications.
H. 
Sight distance. Whenever a proposed street intersects a major street which carries more traffic than the proposed street, the lower traffic street shall be made a stop street. The stop street shall also be designed to provide a minimum corner sight distance of 10 feet for every mile per hour of design speed on the major road. If the design speed on the major road is 35 mph, then the sight distance shall be 350 feet, measured from the center of the intersection of the two streets.
A. 
Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent the collection of stormwater in pools.
B. 
All drainage provisions shall be of such design as to carry surface water to the nearest practical and adequate street, storm drain or natural watercourse. Developers must carry surface waters to the nearest practical storm drain or natural watercourse.
C. 
The developer shall construct and/or install such drainage structures and/or pipes as are necessary to prevent erosion damage and to satisfactorily carry off surface waters.
D. 
No excavation shall be made with a cut face steeper than 4:1 except where a concrete or stone masonry wall, constructed in accordance with approved standards, is provided to support the face of the excavation.
E. 
No fill shall be made which creates any exposed surface steeper in slope than four horizontal to one vertical, except when a concrete or stone masonry wall, constructed in accordance with approved standards, is provided to support the face of the embankment.
F. 
The top or bottom edge of the slopes shall be a minimum of five feet from property or right-of-way lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property.
G. 
In the design of storm sewerage systems, the future use of undeveloped areas upstream shall be taken into account in calculating pipe size.
A. 
The landowner or applicant shall not modify, fill, excavate or regrade land in any manner so close to a property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment, or other physical damage or personal injury that might result.
B. 
No material shall be placed in any drainage structure in such a manner as to obstruct free flow.
C. 
All plans and specifications accompanying applications shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control. No subdivision or land development plan which involves earth moving shall be approved unless there has been an erosion and sedimentation plan approved by the Borough Engineer and the Bucks County Conservation District that provides for minimizing erosion and sedimentation and an improvement bond or other acceptable security is deposited with the Borough in the form of an escrow guaranty which will ensure installation and completion of the required improvements.
(1) 
The design, installation and maintenance of erosion and sediment controls shall be accomplished in accordance with the rules as contained in the standards and specification of the Bucks County Conservation District, the local designee for the Pennsylvania Department of Environmental Protection, Bureau of Land and Water Conservation. No earth moving or other land shaping operations shall commence prior to the construction of erosion and sediment control protection in accordance with the recommendations and approval of the Bucks County Conservation District and the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion within 20 days of breaking ground, and shall be watered, tended and maintained until growth is well established at time of completion and final inspection.
A. 
Lot dimensions and areas shall not be less than specified by provisions of Chapter 550, Zoning, of Newtown Borough.
B. 
Residential lots shall front on a public street, existing or proposed.
C. 
Double-frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.
D. 
Side lot lines shall be substantially at right angles or radial to street lines.
E. 
No remnants of land shall remain after subdivision.
F. 
A subdivision of a tract which creates nonconforming side and rear yard requirements for existing buildings will not be approved.
G. 
"Lane lots" (also conventionally known as "flag lots") are not permitted in Newtown Borough. A "lane lot" or "flag lot" is a lot which does not have the required minimum lot width at the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot.
[Added 9-10-2002 by Ord. No. 633]
A. 
Easements with a minimum width of 20 feet shall be provided as necessary for utilities. If a wider easement is required by the utility provider, then the wider dimension shall be provided.
B. 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
C. 
Nothing shall be permitted to be placed, planted, set, or constructed within the area of an easement. The area shall be kept as lawn.
D. 
Where a subdivision or land development is traversed by a watercourse there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than 20 feet on either side of the watercourse, or as may be required or directed by the Borough Council.
A. 
Curbs shall be provided along all streets.
B. 
Along the existing street on which a subdivision or land developer abuts, curbs shall be constructed and the existing paved cartway shall be widened to the curb. The location of curbing along a street shall be determined by the width of the required cartway of the road as established by the Borough.
C. 
Curbs shall be constructed in accordance with the design standards and specifications set forth in Appendix A[1] of this chapter and shall further comply with any stricter requirements of any local, state and federal statutes, ordinances and regulations, including without limitation the Americans with Disabilities Act, as amended,[2] and PennDOT design standards and specifications, as amended.
[Amended 8-10-2011 by Ord. No. 716]
[1]
Editor's Note: Appendix A is an attachment to this chapter.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
Automobile parking facilities shall be provided off street in accordance with the requirements of Chapter 550, Zoning. Where the applicant is unable to provide the required off-street parking on the same lot with the proposed principal use or where the applicant is proposing to provide off-site parking, as permitted by Chapter 550, Zoning, a parking study may be requested by Borough Council to determine the adequacy of the proposed parking arrangement.
[Amended 10-12-2021 by Ord. No. 780]
B. 
At no time shall angle or perpendicular parking be permitted along public streets. All parking lots and bays permitting parking other than parallel shall be physically separated from the street and confined by curbing or other suitable separating device.
C. 
Landscaping shall be provided within the interior of all residential and nonresidential parking lots having more than eight spaces. The purposes of the landscaping are to provide internal traffic flow control and safety, to accommodate and absorb stormwater runoff, and to provide shade and green areas. At least 10% of the area of a parking lot, not including entrance or exit driveways, shall consist of "landscaped islands" or "landscaped peninsulas," which shall be located within the paved parking lot, and not along entrance and exit driveways.
[Amended 10-12-2021 by Ord. No. 780]
(1) 
Landscaped peninsulas shall extend from the perimeter into the paved lot and be bordered by parking spaces on both sides. They shall be in addition to any landscaping required as buffers or setbacks along or beyond the perimeter of the parking lot.
(2) 
The minimum size of a landscaped island or peninsula shall be the same dimensions as a single parking space.
(3) 
Landscaped islands and peninsulas shall be located to provide balanced shading within all areas of the parking lot.
(4) 
Landscaped islands shall be provided at the end of each row of parking spaces where it adjoins an internal drive aisle.
(5) 
At least one landscaped island or peninsula shall be provided within every 15 contiguous parking spaces.
(6) 
A minimum of one tree shall be provided within each landscaped island or peninsula. In addition, at least one tree shall be provided at intervals not to exceed 20 feet within landscaped islands and peninsulas 30 feet and longer.
(7) 
Landscaping shall be provided at the perimeter of the parking lot to shield against headlight glare into an adjacent residential district or residential use.
(8) 
All landscaping in parking lots shall not obstruct the line of sight.
(9) 
All landscaping specified for parking lots shall be approved by the Borough. Refer to § 550-20F, "Plant Materials List," for additional guidance on planting within landscaped islands and peninsulas.
D. 
No less than five feet of open space shall be provided between the edge of any parking area and the outside wall of the nearest building.
E. 
Parking area dimensions shall be no less than those listed in the following table. Handicapped parking spaces shall be design in accordance with the most current federal and state regulations for handicapped parking.
Angle of Parking
(degrees)
Parking
Driveway Width
Stall Width
(feet)
Stall Depth
(feet)
One-Way
(feet)
Two-Way
(feet)
90°
9
18
20
24
60°
10
21
18
21
45°
10
20
15
18
Parallel
8
22
12
18
F. 
Parking lots shall be designed to provide backup area for the end stalls of the parking area.
G. 
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
H. 
No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.
I. 
Except at entrance and exit drives, all parking areas shall be set back from the future right-of-way line and from all property lines a distance which conforms to the requirements of Chapter 550, Zoning. The distance between this required setback and the future cartway shall be maintained as a planting strip.
J. 
All automobile parking areas shall be paved and constructed in accordance with the standards established by Newtown Borough.
K. 
The depth and width of lots reserved or laid out for commercial and industrial uses shall be adequate to provide for the off-street parking generated by the use.
L. 
The layout of every parking area shall be such as to permit safe and efficient internal circulation in accordance with accepted traffic engineering principles and standards.
M. 
Entrances and exits to and from off-street parking areas shall be located so as to minimize interference with street traffic.
N. 
Pedestrian crosswalks and refuge islands shall be provided at intervals along the length of each parking area as specified by Borough Council.
O. 
All public parking areas shall be adequately lighted during after-dark operating hours. All light standards shall be located on the raised parking islands or around the perimeter and not on the parking surfaces.
P. 
Parking lot paving standards. Paving shall be in accordance with the street paving standards indicated in the Appendix[1] of this chapter, except that the following specifications shall apply:
(1) 
One-and-one-half inches of bituminous surface course.
(2) 
Four inches of bituminous concrete base course.
(3) 
Four inches of granular subbase on graded and compacted surface.
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
A. 
Sidewalks shall be provided along all new and existing streets.
B. 
The minimum width of sidewalks shall be four feet. There shall be a planting strip between the curb and the sidewalk which can be used for the location of underground utilities. Width, alignment and gradient of walks shall provide safety, convenience and appearance for pedestrian traffic. Small jogs in the alignment shall be avoided. Where there is no planting strip provided between the curb and sidewalk because the circumstances do not allow for it or because the adjacent properties do not have a planting strip, the sidewalk shall be five feet in width.
C. 
The grades and paving of the sidewalks shall be continuous across driveways except where heavy traffic dictates otherwise.
D. 
The materials to be used for sidewalks shall be determined on the basis of the sidewalk materials on adjacent properties and shall be standard finish concrete, blue stone, clay brick, or concrete modular bricks matching the dimensions of clay brick. Concrete modular bricks shall be "through-colored" units emulating the color of natural brick.
[Amended 6-12-2001 by Ord. No. 615; 8-10-2011 by Ord. No. 716]
E. 
Sidewalks shall be laterally pitched toward the street at a slope not less than 1/4 inch per foot to provide for adequate drainage. The alignment and gradient of walks shall be coordinated with the grading plan to prevent passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.
F. 
At corners and pedestrian street crossing points sidewalks shall be extended to the curbline and shall be constructed with curb depressions to allow for handicapped access, and shall comply with all local, state and federal statutes, ordinances and regulations, including without limitation the Americans with Disabilities Act, as amended,[1] and PennDOT design standards and specifications, as amended.
[Amended 8-10-2011 by Ord. No. 716]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
G. 
Sidewalks adjacent to parking areas shall be set back a minimum of five feet to prevent car overhang from restricting pedestrian movement along the sidewalk.
A. 
Shade trees shall be provided and placed within the right-of-way, unless otherwise specified by Borough Council. A permit to plant is required prior to any planting of shade trees. Trees shall be a minimum of two-and-one-half-inch caliper and at intervals not to exceed 40 feet. The species shall be in accordance with the Master Shade Tree Plan or as otherwise recommended by the Borough Shade Tree Commission and approved by Borough Council.
[Amended 11-10-2020 by Ord. No. 773]
B. 
Where buffers strips are required along two different land uses and along the rear of reverse-frontage lots, an evergreen planting screen shall be used to provide an adequate visual barrier. The plant material used shall be a minimum height as specified in Chapter 550, Zoning, at the time of planting and shall be planted in an arrangement to provide an immediate screening effect. Deciduous and semideciduous shrubs and trees may be used with evergreens to provide an immediate effect and to provide accent and color. The plant materials list in Chapter 550, Zoning, shall be used as a basis for plant selection, and the plan list shall be reviewed by the Shade Tree Commission. It is recommended that a landscape architect licensed by the Commonwealth of Pennsylvania be employed to insure the proper use and arrangement of plant material and to provide an aesthetically pleasing effect.
C. 
Shade trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.
[Amended 11-10-2020 by Ord. No. 773]
[Amended 11-10-2020 by Ord. No. 773]
Existing trees, shrubs and plants shall be retained wherever feasible in subdivisions or land developments, either by protection or temporary relocation. Additional trees and new plant material shall be added for privacy, shade, and appearance. Areas meeting the definition of "woodlands" and large trees standing alone with a diameter of 8 inches or more shall be preserved. During construction, the tree protection area, as defined in Article III of this chapter, shall be protected in the following manner:
A. 
Protection from mechanical injury. Prior to construction the tree protection area shall be delineated by the following methods:
(1) 
The tree protection area that is delineated on the site prior to construction shall conform to the approved development plans. All trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.
(2) 
A forty-eight-inch-high snow fence or other suitable fence, mounted on steel posts located eight feet on center, shall be placed along the boundary of the tree protection area, which shall be maintained until all work and construction has been completed. Any damaged section of the protective fencing shall be replaced and/or repaired before further construction shall begin.
(3) 
Trees being removed shall not be felled, pushed or pulled into a tree protection area or into trees that are to be retained.
(4) 
Grade changes and excavations shall not encroach upon the tree protection area.
(5) 
No toxic materials shall be stored within 100 feet of a tree protection area, including petroleum-based and/or -derived products.
(6) 
The area within the tree protection area shall not be built upon nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be driven or parked in the tree protection area.
(7) 
In the case of running utility lines, trenches shall be routed around the tree protection area. Alternatively, a power driven soil auger can be used to tunnel under the tree and reduce root damage. If trenching is unavoidable and auguring is not possible cut as few roots as is necessary, cut them cleanly, recut torn roots to facilitate healing, backfill the trench quickly (do not leave the roots exposed to sunlight and air), then water the damaged roots immediately.
(8) 
All tree stumps shall be removed. When tree stumps are located within 10 feet of the tree protection area, the stumps and surface roots shall be removed by means of a stump grinder to below grade to minimize the effect on surrounding root systems.
(9) 
Following any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly so that their root surfaces are smooth and cut back to a lateral root, if exposed, and covered temporarily with moist peat moss, burlap, or other biodegradable material to keep them from drying out until permanent cover can be installed.
(10) 
Sediment, retention and detention basins shall not be located in or discharge into the tree protection area.
(11) 
Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.
(12) 
Once the construction is completed the entire root zone of the trees should be watered at least once per week during the growing season for at least one year. Fertilize as required.
B. 
Protection from grade change. When the original grade cannot be retained at the tree protection area line, a retaining wall or tree well shall be constructed outside the tree protection area. For properties within the Historic District, any retaining wall visible from the street shall be reviewed and approved by the Newtown Borough Historic Architectural Review Board.
(1) 
The top of the wall shall be four inches above the finished grade level.
(2) 
The wall materials shall be approved by the Borough. A means for drainage through the wall shall be provided so water will not accumulate on either side of the wall.
C. 
Trees damaged during construction. Tree trunks and exposed roots damaged during construction shall be protected from further damage. Damaged branches shall be pruned according to International Society of Arboriculture (ISA) standards.
D. 
If violation of this section occurs during construction, the Borough may issue a stop-work order suspending and prohibiting further activity on the property until a mitigation plan, including protection measures for remaining trees on the property, has been approved by the Shade Tree Commission.
[Added 6-11-2011 by Ord. No. 710; amended 11-10-2020 by Ord. No. 773]
A. 
When a property owner or applicant proposes to remove one or more trees standing alone with a diameter of 8 inches or larger, in contravention of the Borough's tree preservation requirements, Borough Council may, but shall not be obligated to, accept a fee-in-lieu payment for the removal of each such protected tree. Such fee shall be in accordance with the Newtown Borough Fee Schedule as adopted or amended by a resolution of Council from time to time.
B. 
When a property owner or applicant proposes to disturb or remove woodlands, in contravention of the Borough's tree preservation requirements, Borough Council may, but shall not be obligated to, accept a fee-in-lieu payment for the disturbance or removal of such woodlands. Such fee shall be in accordance with the Newtown Borough Fee Schedule as adopted or amended by a resolution of Council from time to time.
C. 
In the event that a property owner removes trees or disturbs or removes woodlands in a manner inconsistent with the approved final plan, the Borough may apply the fees set forth in the preceding subsections to determine the cost of replacing the improperly removed or disturbed trees and/or woodlands.
D. 
All fees collected by the Borough pursuant to the terms of this provision shall be separately accounted for and held in escrow for replacement and maintenance of shade trees and public trees.
A. 
Topsoil. Topsoil may be stockpiled during construction but shall be retained and replaced on the site rather than removed.
B. 
Construction material and debris. All construction waste and debris must be removed from the site and may not be buried on the site where the land development or subdivision is taking place.