A. Characteristics of Buffer Yards.
(1) Modifications.
In situations where it would be impractical to develop a screen that would meet all Borough requirements or where an undue hardship would be created to an applicant, the Zoning Hearing Board may agree to modify these requirements to allow an acceptable alternative. Such alternative may, for example, involve the development of a solid wooden fence that has been treated to be weather-resistant. Such modification shall only occur after a review by the Planning Commission.
B. Buffer Yard Plans.
(1) Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
(a) The location and arrangement of each buffer yard.
(b) The placement, general selection of species and initial size of all plant materials.
(c) The placement, size, materials and type of all fences to be placed in such buffer yard.
(2) The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.
C. Occupancy Permit.
A zoning occupancy permit for a use on the premises shall not be issued until such time as the buffer yards and other landscaping requirements established by Borough ordinances are either:
(1) Actually installed in full compliance with such ordinance; or,
(2) If such season is not appropriate for planting, a performance guarantee of 100% of the cost of such landscaping, with such estimate approved by the Borough Manager, has been deposited with the Borough Secretary. Such guarantee shall be in an acceptable form to the Borough. Such guarantee shall provide that the depositor agrees that if performance is not completed within six months of any permit issued on or before August 31 of any year or within nine months of any permit issued on or after September 1 of any year, the Borough may complete the landscaping and buffer requirements and charge the cost against the deposit. Otherwise, the deposit shall be returned in full with any interest earned after the satisfactory completion of the work.
