[Amended 9-15-1987 by Ord. No. 1987-13; 3-2-2022 by Ord. No. 2022-4]
A.
Unless authorized by the Township Committee as set forth in Subsection B, below, no construction of site improvements, including clearing, grading, drainage or other improvements for any application for development approved by the Township, shall be permitted until all outside agency approvals for the development are obtained.
B.
A majority of the Township Committee may grant an exemption and authorize
the initial construction of site improvements, including clearing,
grading, drainage or other improvements (but not construction permits
issued by the Construction Code Official) based on a written request
by a developer, setting forth the improvements proposed to be constructed,
the status of any remaining outside agency approvals and any hardship
claim by the developer to justify the granting of an exemption by
the Township Committee.
C.
If a majority of the Township Committee agrees to provide an exemption
hereunder, no construction can take place unless and until all of
the following conditions are satisfied.
(1)
The developer submits a hold harmless letter in the form provided
by the Township Attorney indemnifying the Township from any liability
for the construction of improvements prior to the receipt of all required
outside agency approvals.
(2)
The developer post the required inspection escrows to pay for the
inspection of the improvements that are authorized by the Township
Engineer.
(4)
The developer completes a preconstruction conference with the Township
Engineer.
The following improvements shall be installed by the applicant meeting the design and construction standards of Article V of this chapter and the standards of all applicable state, county and local laws:
A.
All improvements the Township may deem necessary or
appropriate, including streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyors' monuments, as shown
on the final map and required by the Map Filing Law, P.L. 1960, c.
141,[1] water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space,
street signs, pedestrianways, planted buffer areas, recreation areas,
culverts, underground wiring, fire hydrants, utility and drainage
easements and off-tract improvements.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A.
Prior to the granting of final approval of all subdivisions
hereinafter submitted to the Consolidated Land Use Board of Mansfield
Township for final approval, the subdivider shall have installed or
made cash payments toward or submitted a bond or letter of credit
or other security instruments satisfactory in form and amount to the
Township Solicitor for the ultimate installation and maintenance of
off-tract improvements, such as but not limited to streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, in accordance with the standards
set forth in this chapter governing on-tract improvements.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
Off-tract improvements herein shall include, but not
be limited to, installation and maintenance of new improvements and
extensions and modifications of existing improvements which extend
beyond the outbound limits of the parcel for which application has
been made.
C.
Where such improvements are required, the approving
authority shall refer the requirements to the governing body for concurrence
and for approval of a performance guaranty to be followed by a maintenance
guaranty, if any shall be so required.
D.
The governing body shall determine as to each required
improvement whether it is to be constructed or paid for by the municipality
as a general improvement or as a local improvement or whether it is
to be done by the developer with a formula providing for partial reimbursement
if the improvement specifically benefits properties other than the
subdivision. In the absence of any specific finding or determination
made by the governing body with respect to each off-tract improvement,
each off-tract improvement shall be constructed or paid for under
the general improvement method.
E.
Once the decision as to the type of financing for
the improvement has been made, the Consolidated Land Use Board of
Mansfield Township shall estimate, with the aid of the Municipal Engineer,
the Township Assessor and any other person who the Consolidated Land
Use Board of Mansfield Township feels has pertinent information or
expertise in the matter:
[Amended 3-5-2020 by Ord. No. 2020-5]
F.
The allocation of costs shall also take into consideration
the following factors:
(1)
The Consolidated Land Use Board of Mansfield Township
shall consider the total cost of the off-tract improvements, the benefits
conferred upon the subdivision, the needs created by the subdivision,
population and land use projections for the general areas of the subdivision
and other areas to be served by the off-tract improvements, the estimated
time of construction of off-tract improvements and the condition and
periods of usefulness. The Consolidated Land Use Board of Mansfield
Township may further consider the criteria set forth below.
[Amended 3-5-2020 by Ord. No. 2020-5]
(2)
Road, curb, gutter and sidewalk improvements shall
be based upon the anticipated increase of traffic generated by the
subdivision. In determining such traffic increase, the Consolidated
Land Use Board of Mansfield Township may consider traffic counts,
existing and projected traffic patterns, quality of roads and sidewalks
in the area and other factors related to the need created by the subdivision
and the anticipated benefit thereto.
[Amended 3-5-2020 by Ord. No. 2020-5]
(3)
Drainage facilities shall be based upon and determined
by the drainage created by or affected by a particular project and
considering:
(a)
The percentage relationship between the subdivision
acreage and the acreage of the total drainage basin.
(b)
The use of a particular site.
(c)
The amount of area to be covered by impervious
surfaces on the site itself.
(d)
The use, condition or status of the remaining
area in the drainage basin.
(4)
Sewerage facilities shall be based upon the proportion
that the subdivision's total anticipated volume of sewage effluent
bears to the existing capacity of existing and projected sewage disposal
facilities, including but not limited to lines and other appurtenances
leading to and servicing the subdivision. Also considered shall be
the types of effluent and particular problems requiring special equipment
or adding costs for sewage collection as determined by the Township.
(5)
Distribution facilities shall be based upon the added
facilities required by the total anticipated water use requirement
of the tract as determined by the Township.
G.
When the costs and allocations have been determined,
the applicant shall be required to provide as a condition for approval
of this development application a bond, cash deposit or such other
surety as is satisfactory to the municipality and the governing body
thereof to insure payment to the municipality of one of the following
amounts:
(1)
If the improvement is to be constructed by the municipality
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount
by which all properties to be serviced thereby, including the subdivision
property or property subject to development, will be specifically
benefited by the improvement.
(2)
If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection G(1) above, the estimated amount by which the subdivision property or property subject to development win be specially benefited by the improvement.
(3)
If the improvement is to be constructed by the subdivider
or developer, an amount equal to the estimated cost of the improvement.
H.
Since the amounts above are only estimated amounts,
they shall be redetermined once the improvement is completed. The
developer shall make up any deficiency in his proportionate share
and any overage will be returned to him.
I.
All moneys received by the municipality in accordance
with the provisions of this section shall be paid to the Municipal
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the improvements for which they are deposited
or improvements serving the same purpose, unless such improvements
are not initiated for a period of 10 years from the date of payment,
after which time said funds shall be transferred to the capital improvements
funds of the municipality.
J.
The apportionment of costs shall be determined by
the Consolidated Land Use Board of Mansfield Township. The subdivider
shall be afforded an opportunity to a public hearing before said Board
to present evidence relative thereto.
[Amended 3-5-2020 by Ord. No. 2020-5]
K.
Nothing in this section of the chapter shall preclude
the municipality from assessing any property benefiting from installation
of any off-tract improvements as provided in this article pursuant
to the provisions of the Revised Statutes of New Jersey, allowance
being made to the respective parcel of realty for payments herein.
With the exception of Public Utilities Commission
regulated installations, all improvements shall be subject to inspection
and approval by the Township Engineer, where applicable, who shall
be notified by the developer at least 24 hours prior to the start
of construction. No underground installation shall be covered until
inspected and approved. All above improvements shall meet the design
standards specified in this chapter and, if not specified herein,
the engineering specifications of the New Jersey State Highway Department
and the Township Engineer. Evidence that the above improvements are
installed and comply with the design and construction specifications
of the Township shall be certified in writing by the Township Engineer.
Installation of improvements and maintenance guaranty or performance guaranty required. No final plat shall be approved by the approving authority until all items required to be bonded (on-site, off-site, on-tract and off-tract) in the public interest have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this Code at § 27-24.1 et seq.
[1]
Editor’s Note: Section 4 of this ordinance addressed
applicability to existing projects as follows: “The modifications
in this ordinance shall be applicable to all projects that have not
received final approvals from the Township Planning Board or the Township
Zoning Board of Adjustment and/or which have not posted bonds and
begun construction of required improvements as of January 16, 2018,
the date of enactment of P.L. 2017, c. 312 [which] obviated the Township’s
previously lawful ordinances.”
[Added 9-15-1987 by Ord. No. 1987-11]
A.
Prior to beginning any site improvements, changes,
grading instruction or any other site work covered by this chapter,
the developer shall arrange for a preconstruction conference between
the developer, contractor and Township Engineer. All improvements
and utility installation shall be inspected during the time of their
installation under the supervision of the Township Engineer to ensure
satisfactory completion. The Township Engineer shall be notified by
the developer 14 days in advance of the start of initial construction
and five days in advance of all subsequent phases of construction
if a time period of five days has lapsed since the date of last inspection.
The cost of said inspection shall be the responsibility of the developer.
The developer shall reimburse the municipality for all reasonable
construction inspection fees in excess of the initial construction
inspection fee, as covered below, by submitting a certified check
or bank money order to the Township Clerk upon receipt of a bill from
the municipality. This fee shall be in addition to the amount of the
performance guaranty and all other fees covered by this chapter.
B.
The developer is required to pay to the Township,
prior to the preconstruction conference, an initial construction inspection
fee which shall be calculated in accordance with the schedule set
out in ~ 27-24 of this Code, and the sum will be deposited by the
Township in account with other similar fees. The developer shall not
be entitled to interest on such money unless the amount placed on
deposit is in excess of $5,000. The money shall be deposited in this
manner so that the Township shall have funds available to reimburse
it for engineering fees it will incur regarding the developer's project.
C.
Inspections and tests.
(1)
All improvements and utility installations shall
be inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The cost
of said inspection shall be the responsibility of the owner who, prior
to the installation of any improvements or the issuance of a building
permit, whichever is first, shall deposit with the Township Treasurer,
for placement in a special trust fund account, a sum equal to 6% of
the amount of the performance guaranty estimate of the cost of public
improvements to be applied to payment of inspection costs. If inspection
costs exceed such fund, the owner shall deposit with the Township
Treasurer additional sums upon notice from the Township Engineer.
The inspection fee shall in no case be less than $100. The Township
Treasurer shall return any balance of the inspection deposit to the
owner prior to the expiration of the maintenance bond, together with
the paid invoices for all expenses charged.
(2)
In no case shall any improvements be installed
until and unless there has been full compliance with ~ 50-40 of this
chapter.
[Amended 5-16-2018 by Ord. No. 2018-5[1]]
The municipality shall also require a maintenance guaranty in accordance with this Code at § 27-24.1 et seq.
[1]
Editor’s Note: Section 4 of this ordinance addressed
applicability to existing projects as follows: “The modifications
in this ordinance shall be applicable to all projects that have not
received final approvals from the Township Planning Board or the Township
Zoning Board of Adjustment and/or which have not posted bonds and
begun construction of required improvements as of January 16, 2018,
the date of enactment of P.L. 2017, c. 312 [which] obviated the Township’s
previously lawful ordinances.”
