[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.
(3) 
The developer posts a safety and stabilization performance guarantee pursuant to New Jersey Municipal Land Use Law[1] for the purpose of restoring property that has been disturbed to a safe and stable condition.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(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]
(1) 
The cost of the improvement.
(2) 
The amount by which all properties to be serviced thereby, including the lands subject to development, will be specially benefited therefrom.
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.
[Amended 9-15-1987 by Ord. No. 1987-11; 5-16-2018 by Ord. No. 2018-5[1]]
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.”