[Amended 3-5-2020 by Ord. No. 2020-5]
All subdivision plats and other applications shall be approved by the Consolidated Land Use Board of Mansfield Township by resolution as a condition for the filing of such plats with the county recording officer. Applicants shall comply with any other applicable provision pertaining to land development regulations as set forth in other ordinances of the Township of Mansfield, including but not limited to Chapter 27, Land Use Procedures.
If, before final subdivision approval has been
granted, any person transfers or sells or agrees to transfer or sell,
except pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by ordinance pursuant to
this chapter, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
If any article, section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this chapter.
All ordinances or parts of ordinances, other than Chapter 65, Zoning, of the Code of the Township of Mansfield which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
This chapter shall take effect after final adoption
and publication of notice thereof, according to law.
All standard details and construction drawings
now being used or that may be hereafter modified or created are declared
to be a part of this chapter and shall be on file and available for
inspection in the Clerk's office.
[Added 4-21-1988 by Ord. No. 1988-8]
A.
A developer of land receiving major subdivision approval
shall prominently display a copy of the approved preliminary and final
plans (containing all conditions) in the sales office and shall provide
a reduced copy of the same to any and all interested persons.
B.
All developers of land receiving major subdivision
approval shall provide a written statement to each contract purchaser
at the time of the execution of the contract of sale of a particular
lot, and this statement shall set forth the following information:
(1)
The location of the house or lot to be purchased,
as is shown on the preliminary and final approved plans.
(2)
The location of all wetlands and the relationship
to the property.
(3)
The location of all landfills, waste disposal sites
or hazardous waste sites, whether in operation or closed, and its
or their relationship to the property.
(4)
A description of all encumbrances, liabilities and
restrictions on the use of the land, including but not limited to
easements, wetlands and recreation areas.
(5)
The location of all recreation facilities and the
relationship of the same to the property and the date when said facilities
will be commenced and completed, if not yet so.
C.
Proposed structures or buildings, including the areas
allowed for the location of fences, shall be shown on each lot of
the final subdivision map.
D.
The Consolidated Land Use Board of Mansfield Township
shall condition preliminary and final approvals of a major subdivision
upon compliance with the terms of this section.
[Amended 3-5-2020 by Ord. No. 2020-5]
A.
In no case shall a building permit be issued prior
to final approval by the appropriate board. Before a building permit
is issued, the Township Construction Official shall obtain a copy
of the recorded plat bearing the file number and the date filed with
the County Clerk.
B.
Furthermore, a building permit shall not be issued
for any new residential dwelling unit without a grading plan approved
by the Township Engineer. An overall site grading plan approved by
the Consolidated Land Use Board of Mansfield Township as part of a
subdivision approval shall be acceptable as an approved grading plan
for the individual lots within that subdivision; provided, however,
that the Consolidated Land Use Board of Mansfield Township has not
specifically required individual grading plans within that subdivision.
The grading plan must cover enough of the lot area to clearly show
that the grading scheme will effectively carry runoff away from the
dwelling building and not adversely impact the remainder of the lot
or its adjoiners. There shall be a fee of $125 for review of an individual
grading plan by the Township Engineer payable to the Township. If
the plan is rejected and an additional review is necessary, there
will be an additional charge of $75.
[Amended 3-5-2020 by Ord. No. 2020-5]
[1]
Editor's Note: This ordinance also provided
that it shall not be applicable for buildings intended for agricultural
use or additions to existing residential dwelling units. This exception
shall not relieve the owner of any responsibility of the effect of
construction and/or grading on the owner's property.
A.
Prior to the issuance of an occupancy permit, the
Township Construction Official shall obtain, in writing, the approval
of the Township Engineer that all required improvements have been
installed. In the event that said improvements are not completed,
the Township Construction Official shall consult with the Consolidated
Land Use Board of Mansfield Township to gain permission to issue a
certificate of occupancy.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
Upon completion of construction, a New Jersey licensed
professional engineer shall submit to the Construction Official either
a certification that the dwelling unit, grading, sidewalks, driveways,
drainage swales and the like, as applicable to the subject lot, have
been constructed and the lot graded in accordance with the approved
plan or that they have been constructed in accord with an approved
revision to the approved plan. If constructed in accord with an approved
revision, the certification shall be accompanied by a copy of the
as-built plan for the lot in question. Such submission shall be accompanied
by a fee of $250 for each lot. The Municipal Engineer shall then conduct
an inspection of the lot and confirm that the grading, sidewalks,
driveways, drainage swales, and other required facilities are in proper
condition and acceptable to him. The inspection shall include safety
issues such as tripping hazards, the grading of the lot for adequate
drainage, its connection to the overall grading scheme for the development
and review of the cartway for adequate ingress and egress. The inspection
shall also include street signs, sewer stacks and streetlighting,
where applicable. No certificate of occupancy shall issue until the
Municipal Engineer has conducted such inspection and accepted the
lot as constructed in accord with the approved plans.
[Amended 6-9-2004 by Ord. No. 2004-13]
(1)
The
applicants will submit a fee of $375 when applying for a temporary
certificate of occupancy (TCO) which allocates $250 for initial inspection
and the premium charge of $125 for the reinspection (second inspection)
when applying for final certificate of occupancy (CO).
[Added 9-28-2016 by Ord.
No. 2016-14]
[1]
Editor's Note: This ordinance also provided
that it shall not be applicable for buildings intended for agricultural
use or additions to existing residential dwelling units. This exception
shall not relieve the owner of any responsibility of the effect of
construction and/or grading on the owner's property.
[Added 11-30-1989 by Ord. No. 1989-17]
A.
Developer's responsibility prior to acceptance. Until
such time as the governing body shall accept a dedicated right-of-way
and/or dedicated street improvements, which acceptance shall be by
formal action as provided by ordinance and general law, the developer
making such dedication and/or constructing such improvements shall
be, and at all times remain, solely responsible for the maintenance
of said right-of-way and/or improvements, at said developer's sole
cost and expense. Such maintenance shall include, but not necessarily
be limited to, the removal of snow and ice from all such rights-of-way
and/or improvements.
B.
Effect of failure to maintain. It shall be a violation
of this chapter for any developer having responsibility for maintenance
of a right-of-way and/or street improvements, whether dedicated or
not, where dedication of same has not yet been accepted by the Township,
to fail to perform that maintenance. In the case of weather-related
maintenance, such as but not limited to snow and ice removal, same
shall be accomplished immediately after accumulations occur; with
regard to other day-to-day maintenance, the developer shall undertake
said maintenance within five days of the mailing of notice of same
by the Township.
[Amended 4-27-2005 by Ord. No. 2005-12]
C.
Penalties. Notwithstanding any other provisions of
this article or this Code, any person, partnership or corporation
who or which shall violate the provisions of this section shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000.
All fines collected for the violation of this section shall be paid
over to the Township. Whenever such person has been officially notified
by the Zoning Officer or by service of a summons and a prosecution
or in any other official manner that he is committing a violation,
then each day thereafter that the violation continues shall constitute
a separate offense and be punishable by like fine.
