Township of Mansfield, NJ Article II Change of Use; Certificate of Occupancy

§ 44A-3 Change of permitted use; certificate of occupancy.

[Amended 3-5-2020 by Ord. No. 2020-5]

With the exception of single- or multifamily dwelling units, any change of permitted use will void the previously issued certificate of occupancy and require the issuance of a new certificate of occupancy, and the new use will be subject to site plan review. Applications will be made on appropriate forms to the Building Inspector, who shall issue a new certificate of occupancy if the change is found to be acceptable. If in the opinion of the Building Inspector the request for change of use is significant to require Consolidated Land Use Board of Mansfield Township review, then the Building Inspector shall forward the request to the Consolidated Land Use Board of Mansfield Township for review and approval before a new certificate of occupancy is issued.

§ 44A-4 Waiver from requirements.

A. Any applicant may request a waiver from site plan review from the Consolidated Land Use Board of Mansfield Township as required under the terms of this chapter, provided that the applicant's site plan involves:

[Amended 3-5-2020 by Ord. No. 2020-5]

(1) An existing building;

(2) No new construction;

(3) No extension of the on-tract parking requirements;

(4) No change in the existing drainage; or

(5) Construction of a building for agricultural purposes.

B. A request for waiver of site plan review shall be made by completion of an appropriate form provided by the administrative officer and payment of the requisite fee. In the event that site plan waiver is not granted, the applicant's fee will be applied to the site plan application. The applicant will then be required to go forward with the requisite site plan application. The balance of the fee and all escrows will be required in the event site plan review is not waived.

§ 44A-4.1 Minor site plan submission; definitions and required data.

[Added 9-15-1987 by Ord. No. 1987-15]

A. Definitions. For site development which is not large in scale but which does not qualify for site plan waiver, submission as a minor site plan shall be permitted.

(1) A "minor site plan" shall be defined as follows:

[Added 4-20-2022 by Ord. No. 2022-6; amended 9-21-2022 by Ord. No. 2022-13]

(a) Building construction of less than 1,000 square feet; and/or

(b) Clearing, grading, paving or excavation of less than 1,500 square fee; however, buildings in excess of 1,000 square feet and/or clearing, grading, paving or excavation in excess of 1,500 square feet that is incident or accessory to an agricultural use of the property shall be considered a minor site plan in recognition of the Township’s right-to-farm commitment.

(2) Any application which does not qualify for site plan waiver or as a minor site plan shall be classified as a major site plan. Public hearings are required for all minor or major site plans but not for site plan waivers.

B. Required data. The required data to support a minor site plan application are as follows:

(1) A plan is required, which may be drawn by the applicant;

(2) The plan must show all existing improvements on the site;

(3) The plan must show those improvements to be constructed;

(4) The plan must show North arrow or North point;

(5) The plan must contain a scale; and

(6) The plan must show the zoning district in which the property is located.

C. Term of approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. The Consolidated Land Use Board of Mansfield Township shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or before the 91st day after the date on which the developer receives the last of the legally required approvals from the other government entities, whichever occurs later.

[Added 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]