A new building;

An addition to an existing building;

An off-street parking area or alteration of such parking area.

A use permitted in the zone in which the subject property is located;

No changes to the exterior use of the property;

No exterior changes to the building or property except as noted in Subsection A;

Adequate off-street parking for the proposed use/change of use and existing uses to remain as required by Chapter 13;

Existing site lighting is adequate for the proposed use/change of use and does not constitute a nuisance to adjoining properties and conforms to § 13-4.14C(2.2)(g);

(Reserved)[2]

Deliveries will be made during normal business hours using vehicles not in excess of 21,000 pounds gross weight unless there are adequate on-site facilities to accommodate vehicles in excess of 21,000 pounds;

The proposed use will not generate nuisance elements, including but not limited to smoke, liquid wastes, radiation, noise audible beyond the building setback lines, vibrations, glare or heat detectable beyond the building wall, or unpleasant or noxious odors;

No variances.

Public improvements. Performance guarantees shall be provided for those improvements required to be dedicated to a public entity by an approval, developer's agreement, ordinance or regulation, and that have not yet been installed for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, water mains, sanitary sewers, drainage structures, public improvements of open space and any grading necessitated by the preceding enumerated improvements.

Perimeter buffer landscaping. Performance guarantees shall be provided, within an approved phase or section of a development, for privately owned perimeter buffer landscaping as required by this chapter or imposed as a condition of approval.

Safety and stabilization. A "safety and stabilization guarantee" in favor of the Borough shall be provided for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition.

Temporary Certificates of Occupancy. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee." Such guarantee shall cover the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Borough Engineer. The temporary certificate of occupancy guarantee shall only be released upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase of development to which the temporary certificate of occupancy guarantee relates.

Successor developer. In the event that a successor developer to the original developer becomes responsible for completion of the required improvements, the successor developer shall furnish a replacement performance guarantee prior to release of the performance guarantee posted by the original developer in accordance with the provisions of this Section 13-4.9.

The estimated amount of time needed to install all improvements;

Physical characteristics of the site;

Current market and economic conditions;

The estimated cost of improvements and the nature of the performance guarantees in accordance with this Section 13-4.9; and

Representations of the developer relative to his ability to meet the deadlines to be established.

Public improvements. The performance guarantees shall be in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval, developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments shown on the final map, water mains, sanitary sewers, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Borough Engineer's itemized cost estimate of the improvements shall be appended to each performance guarantee posted by the obligor.

Perimeter buffer landscaping. The amount of a perimeter buffer landscaping guarantee shall be calculated in the same manner as for the performance guarantee in Paragraph (a) above. At the developer's option, any required performance guarantee for privately owned perimeter buffer landscaping may be posted either as a separate guarantee or as a line item of the performance guarantee required by Paragraph (a) above.

Safety and stabilization. At the developer's option, any required safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee required by Paragraph (a) above. The amount of such guarantee shall be as follows:

Temporary certificates of occupancy. The amount of any temporary certificate of occupancy guarantee shall be determined by the Borough Engineer.

Constitutes an irrevocable letter of credit that imposes an unconditional payment obligation of the issuer running solely to the Borough for an express initial period of time in the amount determined pursuant to this chapter;

Is issued by a banking or savings institution authorized to do and doing business in the State of New Jersey;

Permits the Borough to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section at least thirty (30) days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

Written confirmation from the new obligor that the intent of the new obligor is to furnish a replacement performance guarantee, relieving the predecessor obligor and surety, if any, of any obligation to install improvements; and

Written verification from the Borough Engineer that the replacement performance guarantee is of an amount sufficient to cover the cost of the installation of improvements, but not to exceed 120% of the cost of the installation, which verification shall be determined consistent with N.J.S.A. 40:55D-53.

Any completion or correction of improvements by the Borough shall be subject to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

If a safety and stabilization guarantee was required pursuant to Section 13-4.9A(2(c), the Borough may utilize such guarantee only in the circumstances that:

The Borough shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the Borough Council that the Borough Engineer prepare a list of all incomplete or unsatisfactory completed improvements. The request to the Borough Council shall be made in writing by certified mail addressed to the Borough Clerk, with a copy of the request to be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain incomplete in the judgment of the obligor.

Upon receiving the obligor's request, the Borough Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Borough Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The detailed list prepared by the Borough Engineer shall be in accordance with the itemized cost estimate prepared by the Borough Engineer, which estimate shall have been appended to the performance guarantee as required herein. The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory.

The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement. The recommended reduction shall be in accordance with the itemized cost estimate prepared by the Borough Engineer, which cost estimate shall have been appended to the performance guarantee as required herein.

The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer or reject any or all of these improvements. The cause for any rejection shall be stated in the Borough Council's resolution. If any portion of the required improvement is rejected, the Borough may require the obligor to complete or correct such improvements, and upon completion or correction, the same procedure of notification as required herein shall be followed.

For accepted improvements, the Borough Council shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted. Any authorized reduction shall be in accordance with the itemized cost estimate prepared by the Borough Engineer, which cost estimate shall have been appended to the performance guarantee as required herein. The resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer.

Any partial reduction granted in the performance guarantee as provided herein shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee required pursuant to Section 13-4.9A(2)(a), which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released.

At no time may the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Borough Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates.

The Borough shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required by this Section 13-4.9A(2)(c).

The Borough shall release a safety and stabilization guarantee upon the Borough Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.

Within 30 days after acceptance of a replacement performance guarantee, the Borough Council, by resolution, shall release the predecessor obligor from liability pursuant to its performance guarantee.

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Section 13-4.9A(2)(a), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such releases would reduce the amount held by the Borough below 30%.

If the Borough Engineer fails to send or provide the list and report as requested by the obligor as required herein within 45 days from receipt of the request, the obligor may apply to the court in a summary fashion for an order compelling the Borough Engineer to provide the list and report within a stated time. The cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the Borough Council fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, Borough Council approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer, which cost estimate shall have been appended to the performance guarantee as required herein. The cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

Amount of maintenance guarantee. The maintenance guarantee shall be in favor of the Borough of Morris Plains in an amount equal to 15% of cost of such improvements. In the event of improvements for which a performance guarantee was issued, the amount of the maintenance guarantee shall equal 15% of the cost of those improvements for which the performance guarantee(s) is (are) being released. The cost of said improvements shall be determined by the Borough Engineer in the same manner as provided herein for performance guarantees.

Appeal of disputed maintenance guarantee amounts. The developer may appeal the Borough Engineer's estimate of the cost of improvements for purposes of furnishing a maintenance guarantee. Such appeal shall be made in accordance with N.J.S.A. 40:55D-53.4.

Form of guarantee. The maintenance guarantee shall be in the form of any security issued by an institution authorized to issue such securities in the State of New Jersey and which may be accepted by the Borough and approved by the Borough Attorney, including but not limited to surety bonds, cash and letters of credit; provided, however, that acceptance of letters of credit shall be subject to the same conditions as provided herein for performance guarantees.

Term of maintenance guarantee. The maintenance guarantee shall be required to run for a period of two years, which shall be stated in the guarantee and shall automatically expire at the end of the established term.

Arrangement. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets. All streets shall conform in widths, construction, directions and alignments with the Official Map and Master Plan and as may be required by the Planning Board, and shall connect with streets shown thereon with the minimum of jogs and sharp angles.

Minor streets. Minor streets shall be so designed as to discourage through traffic.

Right-of-way width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet unless a greater width is shown on the Master Plan or Official Map, or unless a different width is specified by the Residential Site Improvement Standards. The entire street width shall be graded.

Pavement and curbs. The pavement width of public streets shall be measured from curb to curb and shall not be less than 30 feet unless a greater width is shown on the Master Plan or Official Map, or unless a different width is specified by the Residential Site Improvement Standards. All streets shall be bounded by granite block curbs. The developer shall install bituminous pavement with minimum compacted thickness of 5 1/2 inches of stabilized base course and two inches of concrete surface course (FABC) except under the Residential Site Improvement Standards provide for a different specification.

Grades. Grades of all streets in general shall conform to topography. Grades of streets in residential zones shall conform to the Residential Site Improvement Standards. Grades on all other streets shall not be less than 1/2 of 1% nor greater than 10%, except in special instances where the topography of the land to be subdivided is such as to make it impossible to otherwise develop such land.

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

Dead-end streets (culs-de-sac). Dead-end streets shall be constructed with a turnaround at the end with a radius of not less than 50 feet, except as otherwise provided by the Residential Site Improvement Standards (RSIS), and tangent, whenever feasible, to the right side of the streets. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

Existing street. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate and improve additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated and improved.

Intersections. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at the intersections shall be rounded at the curbline with a curve having a radius of not less than 25 feet. No more than two streets shall meet or intersect at any one point.

Street jogs. Street jogs with center line offsets of less than 125 feet shall be prohibited.

Tangents. A tangent at least 50 feet long on minor streets, 100 feet long on collector streets and 300 feet long on arterial streets shall be introduced between reverse curves.

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

Changes in grade. All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance, as established in the "Traffic and Transportation Handbook", ITE, latest edition.

Sight triangles. Sight triangles shall be required at each quadrant of an intersection of streets. The area within a sight triangle shall be a dedicated easement by deed as a part of the street right-of-way and shall be maintained as a part of the lot adjoining the street as a sight-triangle easement. The design and regulation of sight triangles shall be in accordance with accepted engineering practices and as approved by the Borough Engineer.

Blocks. Block length and width or acreage within bounding roads shall be of such size and shape as to accommodate the size of lot required in the area by the zoning regulations and as consideration of topography and street layout shall dictate and to provide for convenient access, circulation control and safety of street traffic.

Street name signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the Borough and shall be placed in accordance with the standards of the Borough. All street names shall be approved by the Borough Council, but a continuation of an existing street shall have the same name.

Sidewalks. Except as otherwise provided by the Residential Site Improvement Standards, the subdivider shall construct a minimum four-foot concrete sidewalk on both sides of the street in accordance with Borough road specifications as they may be adopted by resolution of the Borough Council, or an equally satisfactory surface as approved by the Borough Engineer.

Shade trees. The subdivider shall provide shade trees along the street, the same not closer than 50 feet from trunk to trunk. The Shade Tree Commission shall determine the type and size of such shade trees; provided no tree larger than 2 1/2 inches in diameter shall be required.

Monuments. Monuments shall be of the size and shape required by Chapter 141 of the Map Filing Law[1] and shall be placed in accordance with said statute.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required for the zone in Schedule D[2] and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian walkways may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street and paved four feet in width with material approved by the Borough Engineer.

For all uses, block size shall be sufficient to meet all area and yard requirements for such use.

Dimensions. Lot dimensions and area shall be not less than the requirements of the zoning regulations.

Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curve streets.

Frontage. Each lot must front upon an approved street at least 50 feet in width.

Setbacks. Where extra width has been dedicated or is proposed in the Master Plan for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Suitability. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. All lots shall be so arranged that, to the greatest extent possible, each lot can reasonably be developed without intruding into areas of physical and environmental constraint, especially areas of steep slope and wetland areas.

Corner lots. Care shall be exercised in the layout of lots at street intersections. Corner lots shall be increased in size, where necessary, in order to provide that any structure placed thereon can conform to the setback lines of both streets. The intersection of the two property lines adjoining the street shall be rounded to a radius of 25 feet.

Driveways. On any lot where a driveway is constructed, the subdivider shall construct the driveway and surface it uniformly from the edge of the paved road or curbline to the property line and thence to its ultimate destination.

Where there is a question, due to topographic or other conditions, as to the suitability of a lot or lots in a residential zone to provide adequate driveway access to off-street parking or to garages as required by this chapter, the Planning Board may require, at the time of preliminary approval, the submission of a site plan for each individual lot in question.

Such site plan shall be drawn at a scale of not more than one inch equals 50 feet and shall show such detail as necessary to demonstrate to the Board that proper driveway access can be provided, including, but not limited to the following:

Topsoil protection. No soil shall be removed except in accordance with the Soil Removal Chapter (Chapter 19) of the Revised Ordinances of the Borough of Morris Plains. In all residential zones, all front yards shall be landscaped with at least three inches of topsoil and with sod, seeding or other suitable ground covering. All rear yards shall be completely landscaped and maintained with at least three inches of topsoil and with sod, seeding to other suitable ground covering to a depth of at least 25 feet from the rear of the principal building. All side yards shall be landscaped and maintained with at least three inches of topsoil and with sod, seeding or other suitable ground covering for the full width of the side yard extending from the front yard to a point at least 25 feet to the rear of the principal building.

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

Sanitary sewers. In all subdivisions, the subdivider shall install sanitary sewer mains, extensions of sewer mains, laterals, and house connections, and shall cause the same to be connected to the public sanitary sewer system of the Borough if the same shall be available. If a public sanitary sewer is not available, the foregoing improvements shall be installed as "dry sewers."

Water. The subdivider shall make a supply of water available to each lot within the subdivision. He shall also provide for the installation of fire hydrants in locations approved by the Fire Committee of the Borough Council.

Electric and telephone utilities. In all major subdivisions, the developer shall arrange with the serving utility companies, for the underground installations of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard term and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit to the Planning Board prior to granting of preliminary approval a written instrument from each serving utility, which shall evidence full compliance with the provisions of this paragraph; provided however, that lots in such subdivisions which abut streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved, may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities overhead lines shall be installed underground. No underground installation shall be covered until inspected and approved by those agencies having jurisdiction over the particular installation. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as a part of the complete subdivision plan. In conjunction with the construction of electric utilities, the developer shall make provision for streetlights at locations as directed by the Borough Engineer. The developer shall be responsible for the Contribution Fixture Rate. For the purpose of this paragraph, the Contribution Fixture Rate shall define as the total investment required by the Borough of Morris Plains for the installation and operation of a streetlighting improvement in any application for the development pursuant to the current Contribution Fixture Rate program established by the Jersey Central Power and Light Company.

Stormwater management. The storm drainage collection system and the detention and/or retention basin system installed shall include storm sewers located within the beds of streets, culverts and inlets and storm sewers running through designated easement areas and drainage pipes attached thereto, as well as dry wells and swales, regrading, excavation, detention, retention and/or recharge basins which are required by this chapter and, where applicable, in compliance with Subchapter 7 of the Residential Site Improvement Standards of the New Jersey Administrative Code dated January 6, 1997, and as subsequently amended. The Borough Engineer may require of the developer additional, reasonable, drainage improvements in order to correct a drainage problem which develops during the course of construction of single family homes in subdivision. All such drainage problems shall be rectified to the satisfaction of the Borough prior to the final release of any performance guarantee posted as a condition of final subdivision approval. In order to avoid downstream flooding problems and to maintain groundwater recharge, control of the total volume of water is encouraged wherever there are suitable soil types and water table levels appropriate for groundwater discharge within an underground detention system.

All grading and seeding shall be in conformance with a grading plan which shall include the following information:

Design standards for grading plans.

In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and shall be located in consultation with the companies or Borough departments concerned.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. The Borough shall retain the right to pipe all watercourses.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. The Planning Board may require that such features be protected by means of deed restrictions, conservation easements or other appropriate instruments.

General. All site plans shall comply with Section 13-4.14B, On-tract improvements for subdivisions, where applicable as determined by the Planning Board or Board of Adjustment. In reviewing said site development plan, the Planning Board or Board of Adjustment shall ascertain that the following requirements are complied with:

Parking and loading. Except as may other wise be provided in the Residential Site Improvement Standards (RSIS), all off-street parking, drives and loading facilities shall meet the following construction and design standards:

If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement of improvement share shall be computed as follows:

If it is necessary to construct a new system in order to develop the subdivision, the prorated enlargement share to the developer shall be computed as follows:

This section shall be applicable to the following major developments:

This section shall also be applicable to all major developments undertaken by the Borough of Morris Plains.

Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The standard in Subsection D(1)(a) above does not apply:

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection F(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection F(3) of this section.

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Calculations.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection G.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection F(3)(a) through F(3)(h) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.