An application for site plan or subdivision approval shall be filed with the Secretary of the Planning Board or Board of Adjustment, depending upon which Board has jurisdiction over the application. Required application forms and completeness checklists for the application shall be available in the office of the Secretary and shall be provided to the applicant upon request prior to formal submission of the application.

The required completed and signed application forms must be accompanied by the required drawings, documents and other data as required by the completeness checklists in this chapter. Three sets of the required application forms, plans and other documents shall be submitted initially. If the initial application is determined to be incomplete, three sets of the revised forms and plans, as applicable, shall be submitted. Once the application is determined complete, an additional 17 copies shall be submitted, for a total of 20 complete copies of the forms, plans and supporting documents. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

The application must include the appropriate fees and escrow deposits required by § 166-48 and any other fees and deposits that may be required by this chapter or other applicable law.

Subdivision or individual lot applications for detached one- or two-dwelling-unit buildings and permitted accessory uses and structures thereto.

Maintenance and repair of legally existing improvements.

Improvements that are an identical replacement for improvements that previously received site plan approval or site plan exemption and for which there is no legal prohibition against said replacement. The foregoing shall not be construed to exempt the following improvements from the requirement to obtain site plan approval or site plan exemption:

A proposed interior alteration involving no change of use or occupancy and involving no exterior site improvements other than those improvements exempted from site plan review and approval by this section.

Signs, other than permanent freestanding principal signs, unless such freestanding signs are exempted from the requirement to obtain site plan approval or are permitted to obtain site plan exemption by this chapter or other applicable law.

Exempt antennas as defined in Article II of this chapter.

Groundwater remediation structures pursuant to N.J.S.A. 40:55D-66.8.

Certain minor conforming developments that are determined exempt in accordance with the procedures in Subsection E below.

Development undertaken by the Township of Hanover.

Development otherwise exempt from the requirement of site plan approval by law.

An application for development solely for the installation of electric vehicle supply/service equipment (EVSE) or make-ready spaces as part of an existing or proposed development for another use or uses in accordance with P.L. 2021, c. 171.[1]

Exemption criteria. Only improvements that meet the following criteria may be determined exempt:

Site Plan Exemption Committee. The membership of the Site Plan Exemption Committee shall consist of the following persons:

Application for exemption. The applicant for site plan exemption shall file with the Site Plan Exemption Committee:

Review of applications for site plan exemption. Applications for site plan exemption shall be reviewed by the Site Plan Exemption Committee. In performing this review and in making the determination regarding site plan exemption, the following shall apply:

Township Engineer.

Township Planning Consultant.

County Planning Board, if required pursuant to the County Land Development Standards.

Such other municipal, county, state and federal officials and agencies as directed by the Subdivision and Site Plan Committee or as provided in the Board's bylaws.

Provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subsection a of Section 7.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12).

Arrange publication of a notice of the default approval in the official newspaper of general circulation in the municipality.

File an affidavit of proof of service and publication with the Board Secretary.

Municipal Clerk.

Municipal Engineer.

Building Inspector.

Zoning Officer.

Tax Assessor.

Planning Board.

County Planning Board.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), may apply, in writing, to the Board Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Board Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

Preliminary approval shall, except as provided in Subsection D(2) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

Public improvements. The performance guarantee shall be in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or 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 Township Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (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, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

Perimeter buffers. 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 this article. The amount of the perimeter buffer landscaping guarantee shall be calculated in the same manner as for the performance guarantee in Subsection 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 this article. 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 Township Engineer.

Constitutes an unconditional payment obligation of the issuer running solely to the Township 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;

Is for a period of at least one year; and

Permits the Township 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 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 Township 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 section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).

Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and

Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee.

Amount of maintenance guarantee. The maintenance guarantee shall be in favor of the Township of Hanover in an amount equal to 15% of the 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 guarantee(s) is(are) being released. The cost of said improvements shall be determined by the Township Engineer in the same manner as provided herein for performance guarantees.

Appeal of disputed maintenance guarantee amounts. The developer may appeal the Township Engineer's estimate of the cost of improvements for purposes of furnishing a maintenance guarantee. Such appeal shall be made in accordance with the procedures set forth in § 166-48C(7).

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 Township and approved by the Township Attorney, including but not limited to surety bonds, cash and letters of credit, provided that acceptance of irrevocable 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.

Name(s) and address(es) of the applicant and owner.

Name, address, signature and seal of plan preparer.

Existing lot and block numbers of the property based upon the current Township tax maps.

Existing street address of the property.

Date(s) the plans were prepared and date(s) of all plan amendments.

An index of all of the sheets comprising the plans, including the latest date of such sheets, located on the cover sheet or first sheet of the plan set.

A blank rectangular area at least four inches wide by 2.25 inches high on the first sheet of the plan set. This space shall be reserved for the Township's standard signature block for the Chairman and Secretary of the Board.

A reference note indicating the title, date and preparer of any previous survey and/or plan upon which the current plans are based.

Scale of plans. All plans shall be drawn to scale, which shall not exceed 40 feet to the inch in the case of site plans and subdivisions, or 16 feet to the inch in the case of architectural plans; provided that the Board or its completeness designee(s) may permit a greater scale in exceptional situations.

North arrow.

Zone district within which the property is located, as well as the zone district of all adjacent properties.

Information sufficient to demonstrate compliance with all applicable Township development regulations.

To the extent relevant to the development application, a zoning chart/table indicating, at a minimum, the applicable requirements for lot area, lot width, lot depth, building height, yard depths (setbacks) for buildings and paved areas, floor area ratio, building coverage, improvement coverage, and number of required parking spaces, as well as the proposed condition for each of the foregoing.

If the application is for a conditional use, a list of the conditional use regulations for the use and the proposed compliance with each regulation.

A map of the properties located within 200 feet of the property being developed.

Municipal boundary line(s), if any, crossing or abutting the subject property.

Existing boundaries of the site(s) in question, with bearings and dimensions.

Location, nature and width of existing easements or rights-of-way on or abutting the subject property, including but not limited to streets, utility and drainage easements, sight easements, access easements, slope easements and conservation easements.

The required building envelope for the lot, showing graphically and by dimension the required minimum front, side and rear yard setbacks for the principal building.

Any airport safety zones or subzones for the Morristown Airport affecting the property, as indicated on the Zoning Map.

To the extent relevant to the development application, the location of any portion of the property that is not within a sanitary sewer service area. This information may be obtained from the Hanover Sewerage Authority or other sewerage authority having jurisdiction.

Location of streams, ponds and other water bodies, along with any regulated riparian buffers or zones.

The location and elevation of any 100-year flood hazard areas and the location of floodways on the property. Such flood hazard areas and floodways shall be based upon the most recent Flood Insurance Rate maps prepared by the Federal Emergency Management Agency, as determined by the Township Engineer. If the development is subject to the Flood Hazard Area Control Act Rules, (N.J.A.C. 7:13), the location and elevations of the flood areas as determined by the NJDEP regulations shall be shown.

When freshwater wetlands and/or required wetland transition areas as regulated by the NJDEP are present or suspected to be present on the property, one or more of the following:

If the subject property contains known or suspected soil and/or groundwater contamination, the location and description of such contamination, to the extent known, and the status of any cleanup or mitigation efforts.

If the existing lot boundaries are proposed to be changed, the proposed boundaries of the lot(s) in question, with bearings and dimensions of each boundary.

The proposed number of each new and reconfigured lot. New and reconfigured lots shall be assigned a new lot number, which shall be based upon the original lot number with a number added as a subscript. For example, if an original lot numbered "3" is subdivided into two lots, the proposed lot numbers shall be 3.01 and 3.02, unless these numbers are already assigned to other lots, in which case the new lots shall be 3.03 and 3.04, and so forth.

The existing and proposed street address of the property.

For all subdivisions to be recorded by plat, information as required by the Title Recordation Act, N.J.S.A. 46:26A-1 et seq., 46:26B-1 et seq. and 46:26C-1 et seq.

The location, nature and width of existing and proposed easements or rights-of-way on or abutting the subject property, including but not limited to streets, utility easements, drainage easements, sight easements, access easements, slope easements and conservation easements, if such easements may affect or be affected by the proposed development, as determined by the Board or its completeness designee(s).

Location of existing and proposed buildings on the property, with existing and proposed setbacks from property lines dimensioned on the plan.

Location of existing buildings, paved areas, fences and walls, other improvements and trees on adjacent properties, if the same may affect, or be affected by, the proposed development.

For new buildings and additions to existing buildings, or when required to determine compliance with floor area ratio and/or parking requirements, floor plans for existing and proposed buildings showing the use and layout of all building floors, along with the horizontal dimensions of all exterior walls.

For new buildings and additions to existing buildings, facade elevations showing the extent and nature of the construction, including the wall and roof materials, colors and design.

The vertical height of new buildings or additions, measured between the roof peak and the finished floor elevation of the building.

If improvements (e.g., driveway openings, utility service connections, drainage pipes and other drainage structures, road widening, striping, curbing, walkways) are proposed within the street right-of-way, or if improvements located outside the street right-of-way are proposed to connect to existing improvements within the street right-of-way, or adjacent to the right-of-way, then the location, dimensions and nature of existing improvements located within the street right-of-way shall be shown.

The location and design of any proposed streets or street modifications, including the proposed width, slopes, manhole and drainage inlet elevations, curbing, pavement specifications, striping, signage, street trees and signalization. When determined necessary by the Township Engineer, roadway profiles and/or cross sections shall be provided.

Location of existing and proposed paved areas on the property, including parking areas, driveways, walkways, etc., showing the design of such areas. When relevant to the application, the dimensions of such areas and their setback from property lines shall be shown.

The location and nature of existing and proposed utility services, including water supply, sanitary sewers, septic systems, gas, electric, telephone and cable television service, and any aboveground and underground fuel tanks. Such information shall include, but not be limited to, pipe sizes, materials, manhole locations and elevations, as applicable. When determined necessary by the Township Engineer, utility profiles shall be included.

The location of fire hydrants which serve and/or are intended to serve the development.

If buildings, impervious areas and/or substantial regrading are proposed, the location and nature of existing and proposed storm drainage improvements and drainage calculations. Such information shall include, but not be limited to, pipe sizes, slopes, materials, manhole and invert/outfall locations and elevations, as applicable, which shall be sufficient to demonstrate compliance with applicable stormwater runoff, water quality and groundwater recharge requirements. When determined necessary by the Township Engineer, drainage profiles shall be included.

Location and description of existing and proposed street trees, shade trees and other landscaping. Information for proposed plantings shall include plant names, number of plants and planted size.

Location and quantity of existing trees on the subject property. Applications for development that propose to remove regulated trees as set forth in § 166-131E shall provide the information required by § 166-110.1A.

The location and design, including at least the height and materials, of existing and proposed fences and walls.

The location and design of walkways, steps, ramps, patios, decks and similar improvements.

Existing and proposed exterior lighting fixtures, to the extent relevant to the proposed development. If lighting is proposed, the height and location of the fixture(s), type of fixture(s), pole material, design of any shielding, shall be included on the plan. The manufacturer's isocandela diagram and/or an illumination grid shall be superimposed upon the site plan. The proposed illumination levels at the property lines shall be provided. Manufacturer's details of proposed light fixtures shall be submitted.

If a sign or signs are proposed, the number, location, height, area, materials, color, design and illumination of such sign(s) shall be provided.

Existing and proposed topographic contours, both for the property and for adjacent areas affecting or affected by the development. Contour intervals shall not exceed the following: up to 5% grade, one foot; over 5% grade, two feet. Contour elevations shall be referenced to the New Jersey State Plane Coordinates in NAD 83 and NAVD 88 elevations, unless waived by the Township Engineer.

If regrading near existing buildings or paved areas is proposed, proposed spot grades at the corners of all buildings and in appropriate pavement locations, and the finished floor elevations of buildings.

A soil erosion and sedimentation control plan, showing the limits of disturbance, any soil stockpiling, construction routes, silt fencing and other controls, unless waived by the Township Engineer.

The location and design of areas to be used for the storage of refuse and/or recyclable materials. The storage and recycling of recyclable materials shall be required to comply with Chapter 154 of the Township Code, and all other applicable law.

The nature, location, and design of any outdoor storage of vehicles, equipment or materials.

The location, size and height of any exterior heating, ventilating or air-conditioning equipment and any exterior generators, whether mounted at grade level, on the roof of buildings, or in other exterior locations.

Construction details and specifications sufficient to illustrate the nature of proposed site improvements, including but not limited to the following: paving, curbing, walls, fences, utility and storm drainage structures, soil erosion control structures, tree protection devices, light fixtures and standards, signs, planting and staking details, and barrier-free access design.

Stormwater management information for major development. All major development as defined in § 166-104.1B shall submit the following additional plan information:

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.

Calculations.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J in § 166-104.1.

Adequate provision shall be made for an area to collect recyclable materials as set forth in the Township's Recycling Ordinance, Ordinance No. 13-88, as amended.[1] The applicant shall submit a recycling plan which will detail, among other things:

All recycling areas shall be in a location on site as approved by the Planning Board and shall be adequately screened so that no recycled material is visible from the property line containing said area.

New multifamily housing developments shall conform with the model ordinance promulgated by the New Jersey Department of Environmental Protection and Department of Community Affairs pursuant to Section 2 of P.L. 1993, c. 81 (N.J.S.A. 13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source-separated recyclable materials.

The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

The use, condition or status of the remaining area in the drainage basin.

"Minor streets" are those which are used primarily for access to abutting properties. They shall be designed to discourage through traffic and shall have a right-of-way width of not less than 50 feet.

Subdivisions abutting arterial streets shall provide a marginal service street or reverse frontage with a buffer strip or planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate. The width of the right-of-way shall be not less than 40 feet.

For internal streets in industrial and commercial developments, the right-of-way width shall not be less than 60 feet.

"Arterial streets" are those which are used primarily for fast or heavy traffic and are designated on the Township's Master Plan. The right-of-way width shall be not less than 66 feet.

"Collector streets" are those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development. The right-of-way width shall be not less than 60 feet

The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet unless a marginal access street as set forth in Subsection C(2) of this section; provided, however, that where the Board has adopted the Master Plan with proposals regarding the street system within the proposed subdivision, the subdivider shall show the streets to conform in design and in width to the proposals shown on the Master Plan. 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 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.

The pavement width of public streets shall be measured from curb to curb and shall not be less than the following:

Any subdivider who proposes a private street shall be required to construct the same improvements as would be required for a public street.

No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.

Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 6/10 of 1%. Maximum grades permitted on driveways between the street right-of-way line and the building setback line shall not exceed 8%.

Street intersections shall be as nearly at right angles as is possible, and in no case shall they be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 25 feet. No driveway dropped curve shall be permitted on any portion of the radius curve.

Street offsets of less than 125 feet shall be prohibited.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

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

All changes in grade shall be connected by parabolic vertical curves to provide a sight distance of 200 feet based on a height of eye of 4 1/2 feet and a height of object of four inches.

Dead-end streets.

Street names are subject to the approval of the Planning Board. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

Where a tract is subdivided into larger parcels than zoned building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivisions as approved by the Planning Board.

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision and in conformity with other requirements of these regulations and where the Planning Board finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract

Block length and width.

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

Each lot must front upon a street that meets the standards of Subsection C of this section.

Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line. Any lot in single ownership, as defined herein, which met the minimum requirements of the Land Use Ordinance at the time of its adoption on December 30, 1976, but which has subsequently become nonconforming because additional street right-of-way has been obtained by the Township, county or State of New Jersey for road improvement by purchase, donation. dedication, condemnation or other legal means may be used for any use not otherwise prohibited in said district in which it lies, and the required minimum lot area, setbacks and front, side and rear yards, if affected, shall be reduced by the area deeded to the Township, county or state as aforesaid.

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 for future development.[2]

In large-scale development, easement along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal 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 to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

Any subdivision that employs the concept of open space zoning or residential cluster as hereinafter regulated in Part 5 of this chapter shall either deed the open space land to the Township or shall make provision for the establishment of an open space organization, which shall own and maintain said open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township of Hanover.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, Township Committee may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any right to use the open space, except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.

If the Township Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Committee shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision, subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

Streets. Streets shall also be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction.

Lots. Lots shall also be oriented so as to permit buildings to be constructed thereon to maximize solar gain. Where possible, the long access of a lot shall run in a north-south direction.

Topography. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds. Where possible, development shall be oriented to southerly slopes.

Vegetation. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in the summer.

No lighting structure shall exceed 15 feet in height, except that light fixtures may be up to 30 feet high when both of the following conditions are complied with:

No lighting fixture shall exceed 250 watts, except for fixtures having a height greater than 20 feet, which shall not exceed 400 watts.

All lighting shall be equipped with shielding as to reflect the light downward and prevent the direct source of light from being visible from any point 3.5 feet or higher above the ground in any abutting residential zone or on the traveled way in any abutting street.

The maximum lumen power at any point along the property line of the premises upon which the lighting fixture is located shall be 0.5 footcandle, except that this requirement shall not apply at the intersections of driveways with streets.

Dimensions of parking spaces. Parking spaces shall be designed to provide a rectangular area at least nine feet wide and 18 feet long. Within this rectangular area, there shall be placed no obstructions, including any curbing, wheel stops, bollards, sign posts or other posts, above-ground utility cabinets, railings, fences, landscaping, or other barriers. In addition, the measurement of such rectangular area shall not include any roadway, driveway, or access aisle adjacent to the parking space. The dimensions for parking spaces for people with disabilities shall be in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23) or the Americans with Disabilities Act,[1] as applicable.

Parallel parking spaces. In addition to the above requirements, parking spaces oriented parallel to the access aisle shall be provided with at least five feet between such spaces and at both ends of the last space in a row of such spaces, in order to provide for convenient access.

Dimensions of service aisles for parking spaces.

Dimensions of loading spaces.

Dimensions of access aisles for loading spaces.

Dimensions of driveways. Driveways that provide access and ingress to/from streets and parking and loading areas, or which provide for internal site circulation, exclusive of service or access aisles for parking and loading spaces, shall be at least 12 feet wide for each lane of travel.

Parking and loading areas shall be enclosed by granite block curbing having an exposed face six inches high above the paved surface, provided that flush or depressed curbs shall be permitted where necessary and appropriate for vehicular access, barrier-free access, shopping cart access and special drainage situations, as determined by the reviewing agency. Flush or depressed curb may constructed of granite block or concrete, as determined by the reviewing agency.

All off-street parking areas shall be surfaced with bituminous concrete at least two inches thick after compaction, on a bituminous stabilized base at least four inches thick after compaction and approved by the Township Engineer. A greater thickness and/or different material and specifications may be required by the reviewing agency in locations used by heavy trucks or where warranted by sub-base conditions.

Each parking space, except for parallel spaces (i.e., with the long dimension parallel to the adjacent access aisle) shall be indicated on the paved area with hairpin striping which meets the following specifications:

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

Compatibility with other permit and ordinance requirements.

Procedural requirements.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection I.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Glyptemys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17), and (18):

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2, and 5-3 and listed below in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the Township. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements of Subsection D(15) only if the measures meet the definition of "green infrastructure" in Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed in Subsection D(15)(b) are subject to the contributory drainage area limitation specified in Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed in Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" in Subsection B may be used only under the circumstances described in Subsection D(15)(d).

Any application for a new agricultural development that meets the definition of "major development" in Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements in Subsection D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards in Subsection D(16), (17), and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the Township's stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Morris County Clerk. A form of deed notice shall be submitted to the Township for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards in Subsection D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection I(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the Township. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the Township is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the Township within 180 calendar days of the authorization granted by the Township.

A stormwater management measure approved under the Township's stormwater management plan or regulations may be altered or replaced with the approval of the Township, if the Township determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the Township for approval and subsequently recorded with the office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the Township in accordance with Subsection D(13) above.

Green infrastructure standards.

Groundwater recharge standards.

Stormwater runoff quality standards.

Stormwater runoff quantity standards.

Stormwater runoff shall be calculated in accordance with the following:

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection E(3)(a) and (b) below:

Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this section. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection E(3)(a) above, by the change factor in the table below. The future precipitation change factors are also found in N.J.A.C. 7:8-5.7(d) in Table 5-6.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/

Submissions required for review by the Department should be mailed to: The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box420, Trenton, New Jersey 08625-0420.

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.

The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

Variance, exception, or exemption from safety standard. A variance, exception, or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the Township that the variance, exception, or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Applicability. Projects subject to review pursuant to Subsection A(3) of this section shall comply with the requirements of Subsection I(2) and (3).

General maintenance.

Nothing in this subsection shall preclude the Township from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Name(s) and address(es) of the applicant and owner.

Name, address, signature and seal of plan preparer.

Existing lot and block numbers of the property based upon the current Township tax maps.

Existing street address of the property.

Date(s) the plans were prepared and date(s) of all plan amendments.

An index of all of the sheets comprising the plans, including the latest date of such sheets, located on the cover sheet or first sheet of the plan set.

A blank rectangular area at least four inches wide by 2.25 inches high on the first sheet of the plan set. This space shall be reserved for the Township's standard signature block for the Chairman and Secretary of the Board.

A reference note indicating the title, date and preparer of any previous survey and/or plan upon which the current plans are based.

Scale of plans. All plans shall be drawn to scale, which shall not exceed 40 feet to the inch for the variance plan, or 16 feet to the inch in the case of architectural plans; provided that the Board or its completeness designee(s) may permit a greater scale in exceptional situations.

North arrow.

Zone district within which the property is located, as well as the zone district of all adjacent properties.

Information sufficient to demonstrate compliance with all applicable Township development regulations.

To the extent relevant to the development application, a zoning chart/table indicating, at a minimum, the applicable requirements for lot area, lot width, lot depth, building height, yard depths (setbacks) for buildings and paved areas, floor area ratio, building coverage, improvement coverage, and number of required parking spaces, as well as the proposed condition for each of the foregoing.

Municipal boundary line(s), if any, crossing or abutting the subject property.

Existing boundaries of the site(s) in question, with bearings and dimensions.

Location, nature and width of existing easements or rights-of-way on or abutting the subject property, including but not limited to streets, utility and drainage easements, sight easements, access easements, slope easements and conservation easements.

The required building envelope for the lot, showing graphically and by dimension the required minimum front, side and rear yard setbacks for the principal building.

Any airport safety zones or subzones for the Morristown Airport affecting the property, as indicated on the Zoning Map.

To the extent relevant to the development application, the location of any portion of the property that is not within a sanitary sewer service area. This information may be obtained from the Hanover Sewerage Authority or other sewerage authority having jurisdiction.

Location of streams, ponds and other water bodies, along with any regulated riparian buffers or zones.

The location and elevation of any 100-year flood hazard areas and the location of floodways on the property. Such flood hazard areas and floodways shall be based upon the most recent Flood Insurance Rate maps prepared by the Federal Emergency Management Agency, as determined by the Township Engineer. If the development is subject to the Flood Hazard Area Control Act Rules, (N.J.A.C. 7:13), the location and elevations of the flood areas as determined by the NJDEP regulations shall be shown.

When freshwater wetlands and/or required wetland transition areas as regulated by the NJDEP are present or suspected to be present on the property, one or more of the following:

If the subject property contains known or suspected soil and/or groundwater contamination, the location and description of such contamination, to the extent known, and the status of any cleanup or mitigation efforts.

The location, nature and width of any proposed easements or rights-of-way on or abutting the subject property, including but not limited to streets, utility easements, drainage easements, sight easements, access easements, slope easements and conservation easements.

Location of existing and proposed buildings on the property, with existing and proposed setbacks from property lines dimensioned on the plan.

Location of existing buildings, paved areas, fences and walls, other improvements and trees on adjacent properties, if the same may affect, or be affected by, the proposed development.

For new buildings and additions to existing buildings, or when required to determine compliance with floor area ratio and/or parking requirements, floor plans for existing and proposed buildings showing the use and layout of all building floors, along with the horizontal dimensions of all exterior walls.

For new buildings and additions to existing buildings, facade elevations showing the extent and nature of the construction, including the wall and roof materials, colors and design.

The vertical height of new buildings or additions, measured between the roof peak and the finished floor elevation of the building.

If improvements (e.g., driveway openings, utility service connections, drainage pipes and other drainage structures, road widening, striping, curbing, walkways) are proposed within the street right-of-way, or if improvements located outside the street right-of-way are proposed to connect to existing improvements within the street right-of-way, or adjacent to the right-of-way, then the location, dimensions and nature of existing improvements located within the street right-of-way shall be shown.

The location and design of any proposed street modifications, including the proposed width, slopes, manhole and drainage inlet elevations, curbing, pavement specifications, striping, signage, and street trees, to the extent relevant to the proposed development.

Location of existing and proposed paved areas on the property, including parking areas, driveways, walkways, etc., showing the design of such areas. When relevant to the application, the dimensions of such areas and their setback from property lines shall be shown.

The location and nature of existing and proposed utility services, including water supply, sanitary sewers, septic systems, gas, electric, telephone and cable television service, and any aboveground and underground fuel tanks. Such information shall include, but not be limited to, pipe sizes, materials, manhole locations and elevations, as applicable.

If buildings or impervious areas are proposed, the Township Engineer may require the plan to show the location and nature of existing and proposed storm drainage improvements and may require the submission of drainage calculations (may not be required for all applications).

Location and description of existing and proposed street trees, shade trees and other landscaping. Information for proposed plantings shall include plant names, number of plants and planted size.

Location and quantity of existing trees on the subject property. Applications for development that propose to remove regulated trees as set forth in § 166-131E shall provide the information required by § 166-110.1A.

The location and design, including at least the height and materials, of existing and proposed fences and walls.

The location and design of walkways, steps, ramps, patios, decks and similar improvements.

Existing and proposed exterior lighting fixtures, to the extent relevant to the proposed development. If lighting is proposed, the height and location of the fixture(s), type of fixture(s), pole material, design of any shielding, shall be included on the plan. The manufacturer's isocandela diagram and/or an illumination grid shall be superimposed upon the site plan. The proposed illumination levels at the property lines shall be provided. Manufacturer's details of proposed light fixtures shall be submitted.

If a sign or signs are proposed, the number, location, height, area, materials, color, design and illumination of such sign(s) shall be provided.

Existing and proposed topographic contours, both for the property and for adjacent areas affecting or affected by the development. Contour intervals shall not exceed the following: up to 5% grade, one foot; over 5% grade, two feet. Contour elevations shall be referenced to the New Jersey State Plane Coordinates in NAD 83 and NAVD 88 elevations, unless waived by the Township Engineer.

If regrading near existing buildings or paved areas is proposed, proposed spot grades at the corners of all buildings and in appropriate pavement locations, and the finished floor elevations of buildings.

A soil erosion and sedimentation control plan, showing the limits of disturbance, any soil stockpiling, construction routes, silt fencing and other controls, unless waived by the Township Engineer.

The nature, location and design of any accessory buildings or roofed accessory structures (e.g., gazebos, trellises, pergolas, arbors, etc.), swimming pools, play equipment, and other similar structures and equipment.

The nature, location, and design of any outdoor storage of vehicles, equipment or materials.

The location, size and height of any exterior heating, ventilating or air-conditioning equipment, exterior generators, pool filters or similar equipment.

Construction details and specifications sufficient to illustrate the nature of proposed site improvements, including but not limited to the following: paving, curbing, walls, fences, utility and storm drainage structures, soil erosion control structures, tree protection devices, light fixtures and standards, signs, planting and staking details, and barrier-free access design.