[Amended 3-5-2020 by Ord. No. 2020-5]
No member of the Consolidated Land Use Board of Mansfield Township shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of the Consolidated Land Use Board of Mansfield Township shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 3-5-2020 by Ord. No. 2020-5]
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum, except as otherwise required by any provision of P.L. 1975, c. 231.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board, which fee shall be set at an amount sufficient to offset the costs of reproduction thereof.
[Amended 9-15-1987 by Ord. No. 1987-10]
A. 
All fees for land use and development applications shall be as set forth herein.[1]
[1]
Editor's Note: See Ch. 70A, Land Use Fees.
B. 
In the event that an application includes a request for more than one type of relief, the fees applicable to each type of relief shall be separately charged and collected, and separate application forms shall be submitted even though the applicant may be applying to only one municipal board.
C. 
The applicant shall execute an agreement with the Township of Mansfield, in a form approved by the Township, at the time of submission of a land use or development application, whereby the applicant agrees to pay all fees, escrows and any other costs related to the processing and review of the application, including but not limited to the costs of on-site inspections and appeals by the applicant, if necessary.
D. 
The applicant shall pay application fees and shall deposit in cash or by certified check a certain sum with the administrative officer of this Township to be placed in escrow by the Township to cover the cost of all professionals employed by any Township reviewing authority to make reviews and inspections of the applications and plans submitted, as well as site inspection, if necessary, in accordance with the schedule of fees hereinafter provided.
E. 
In the event that an application is denied, certified incomplete or withdrawn by the applicant, and the application is subsequently resubmitted or a second application is submitted by the same applicant for the same use and on the same site as the original application, within 60 days of the denial, incomplete certification or withdrawal, then a new escrow amount must be submitted with such application in accordance with this schedule, except for the application fee escrow. Should an application be refiled after the application has been denied without prejudice, no new application fee need be submitted. Upon receipt of a formal, written request, the board reviewing the application may recommend to the Township Committee that the unencumbered balance of the original escrow be refunded to the applicant or credited toward the escrow amount required for any subsequent application or resubmitted application.
F. 
Sums not utilized in the review and inspection process or other costs of administration shall be returned to the applicant. When the escrow account has been reduced to an amount equaling 25% of the initial deposit, upon notice the applicant shall, within 14 days of said notice, replenish said account to 75% of the original sum paid.
G. 
In the event that the applicant reaches an agreement with the governing body to deposit less than the escrow called for in this chapter, the applicant shall pay an administrative fee to cover the cost of administering said escrow account. This administrative fee shall be calculated on 1% of all sums deposited in escrow for such purpose or purposes and shall be paid separately at the time of the deposit of the inspection fee. This shall be over and above any interest which the applicant would be entitled to under N.J.S.A. 40:55D-53.1.
H. 
Whenever work is performed by the Township's full-time Engineer or any other professional employed by the municipality on a full-time basis, charges against the escrow account shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be, and for other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality, all of which is consistent with the provisions of N.J.S.A. 40:55D-53.2. A copy of each professional's rate schedule for the current year, whether said professional is a full-time employee or an independent contractor, shall be kept on file in the office of the Municipal Clerk and will be made available to any applicant upon request. No sum shall be disbursed from the escrow account to any outside professional without receipt by the Township of appropriate vouchers from the professional concerned.
[Amended 6-25-1992 by Ord. No. 1992-10]
[Added 5-16-2018 by Ord. No. 2018-5[1]]
In accordance with N.J.S.A. 40:55D-53.4, for the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board or Zoning Officer, as appropriate, shall require, and the Township Committee shall accept, the following guarantees:
A. 
Performance guarantees.
(1) 
The furnishing of a performance guarantee in favor of the Township 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 for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee shall also cover the cost for privately owned perimeter buffer landscaping in an approved phase or section of a development, either as a separate guarantee or as a line item of the performance guarantee.
(2) 
The cost of the improvements covered by the performance guarantee shall be determined by the Township Engineer.
(3) 
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
B. 
Maintenance guarantee.
(1) 
In accordance with N.J.S.A. 40:55D-53.4, the developer shall post with the municipality a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Municipal Engineer.
(2) 
The maintenance guarantee shall be furnished upon the inspection and issuance of final approval of the applicable private site improvements by the Municipal Engineer.
(3) 
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
C. 
Temporary certificate of occupancy guarantee.
(1) 
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish a temporary certificate of occupancy guarantee ("TCOG") whenever the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development. The TCOG shall be furnished in favor of the municipality in an amount equal to 120% of the cost of installation of any improvements which: 1) remain to be completed or installed under the terms of the temporary certificate of occupancy; 2) are required to be completed or installed as a condition precedent to the issuance of a permanent certification of occupancy; and 3) are not covered by an existing performance guarantee.
(2) 
The scope and amount of the TCOG shall be determined by the Municipal Engineer.
(3) 
The TCOG shall be released upon the issuance of a permanent certificate of occupancy.
D. 
Safety and stabilization guarantee.
(1) 
Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish a safety and stabilization guarantee ("SSG") in favor of the municipality, either as a separate guarantee or as a line item of the performance guarantee.
(2) 
The amount of the SSG for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the SSG for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(3) 
The municipality shall release a separate SSG to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required pursuant to this chapter.
(4) 
An SSG shall be available to the municipality for the purposes of returning property that has been disturbed to a safe and stable condition, or taking other measures to protect the public from access to an unsafe or unstable condition. An SSG shall be shall only be available to the municipality when:
(a) 
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
(b) 
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. A municipality shall not provide notice of its intent to claim payment under an SSG until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. A municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(5) 
The municipality shall release an SSG upon the Municipal Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
[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 5-16-2018 by Ord. No. 2018-5]
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
[Added 5-16-2018 by Ord. No. 2018-5]
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Added 5-16-2018 by Ord. No. 2018-5]
All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Municipal Engineer. The Municipal Engineer shall be notified 24 hours prior to the start of the various phases of the work, and if discontinued, shall again be notified when the work will be continued.
[Added 5-16-2018 by Ord. No. 2018-5]
A. 
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
B. 
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to this chapter.
C. 
The Township Committee, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
[Added 5-16-2018 by Ord. No. 2018-5]
A. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $270 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
B. 
If the municipality determines that the amount in escrow for the payment of inspection fees is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow.
C. 
If additional funds are required, the municipality shall submit to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which:
(1) 
Informs the developer of the need for additional inspections;
(2) 
Details the items or undertakings that require inspection;
(3) 
Estimates the time required for those inspections; and
(4) 
Estimates the cost of performing those inspections.
[Added 5-16-2018 by Ord. No. 2018-5]
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this chapter shall be applied by stage or section.
[Added 5-16-2018 by Ord. No. 2018-5]
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.
A. 
Rules. The Consolidated Land Use Board of Mansfield Township shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party, at said party's expense.
[Amended 9-15-1987 by Ord. No. 1987-14]
For purposes of this section, the Tax Collector of the municipality shall be the administrative officer who, pursuant to the provisions of N.J.S.A. 40:55D-12c, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 27-26, of this chapter.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it upon payment of a fee of $5. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
[Amended 3-5-2020 by Ord. No. 2020-5]
A brief notice of every final decision shall be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Secretary of the Consolidated Land Use Board of Mansfield Township, as the case may be, and the original application fee shall include a designated amount for said publication. Said notice shall be sent to the newspaper for publication within 10 days of the date of any such decision.
[Amended 3-5-2020 by Ord. No. 2020-5]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-75, every application for development submitted to the Consolidated Land Use Board of Mansfield Township shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Added 5-18-1982 by Ord. No. 1982-3]
No application for development shall be deemed complete if there are outstanding uncollected fees and escrows resulting from past applications or prior submissions involving the property in question or any part thereof, including the base tract.
[Added 5-18-1982 by Ord. No. 1982-3]
Should construction, building, excavation, clearing or use of a structure or property take place that is not in accordance with the approvals granted by the reviewing authority and required by any developmental ordinance, or without fulfillment or compliance with the conditions imposed by such approvals, such deviation shall be considered a violation of said ordinance. If, within 95 days of notification and demand by the municipality, the applicant has failed to pay the fees and escrows required by the ordinance or the applicant has failed to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53h, a violation of said ordinance shall be deemed to have occurred.
[Added 5-18-1982 by Ord. No. 1982-3]
Any developmental ordinance of the Township of Mansfield shall be enforced by the municipality's Construction Official or its Zoning Officer. Any citizen of the municipality may bring a proceeding in Municipal Court alleging a violation of any developmental ordinance. Any administrative violation of any developmental ordinance, including nonpayment of fees, escrows, inspection fees or other costs, may be enforced by the administrative officer of the municipality by instituting a proceeding in the Municipal Court of the municipality alleging a violation of the developmental ordinances of the municipality.
[Added 11-3-1986 by Ord. No. 1986-16; 3-5-2020 by Ord. No. 2020-5]
All site plan applications and all major subdivision applications involving 10 or more lots shall be accompanied by an environmental impact assessment. Major subdivisions containing less than 10 lots but more than three lots may be required by the Consolidated Land Use Board of Mansfield Township to submit an environmental impact assessment.
A. 
The environmental impact assessment shall be prepared by a qualified and licensed engineer and shall consider the topography, surface water bodies, energy, air quality, noise, surface water quality, aquatic biota, soils, geology, subsurface water, unique scenic or historic features, vegetation, wildlife and archaeological features as further referenced below. Forest vegetation is to be classified by type and age class. Map scales shall be not less than one inch equals 100 feet, or as required by the Board.
(1) 
Topography: to provide a topographic survey with two-foot contour intervals. This requirement shall apply to the proposed areas of intended use in the immediate perimeter of disturbance.
(2) 
Surface water bodies: to describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance; and to calculate existing surface runoff from the site. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the New Jersey Department of Environmental Protection. Existing drainage structures shall be mapped, and the capacity of the drainage network shall be determined.
(3) 
Energy: to describe the proposed energy sources for the project and to identify alternative conservation measures that may be utilized.
(4) 
Air quality: to describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel, oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned or if any source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. If a state or federal emission permit is required, a copy of the permit and all resource data submitted with the application for the permit shall accompany the environmental assessment.
(5) 
Noise: A description of all noise-generating equipment, both during construction and after construction, shall be furnished. The decibel level shall be measured at the property lines and sources shall be furnished. Compliance shall be made with the Noise Ordinance, if applicable.[1]
[1]
Editor's Note: See Ch. 32, Noise.
(6) 
Surface water quality: All surface water bodies shall be sampled and analyzed by a New Jersey certified laboratory before construction of the proposed project and no later than 90 days after construction is complete. A water sample to be analyzed shall consist of a composite sample of three grab samples collected on successive days. In the case of streams, two composite samples shall be collected: one immediately upstream and one immediately downstream of the site. Parameters to be analyzed for shall include, but not be limited to, the following:
Table I
Aldrin
Arsenic, total
Benzene
BOD
Cadmium, total
Carbon tetrachloride
Chlordane
Chromium, total
COD
Ethylbenzene
Fecal coliform
Fecal streptococcus
Gamma-BHC
Lead, total
Mercury, total
Methyl chloride
Nitrate nitrogen
PCB's
Petroleum hydrocarbons
pH
Phenols (if greater than 3.5 mg/l, do acid extractable test for phenols)
Toluene
Total bacterial count
Total dissolved phosphate
Total dissolved solids
Total orthophosphate
Total phosphate
Total suspended solids
Trichloroethylene
Vinyl chloride
Zinc, total
1, 2-dichlorobenzene
1, 1, 2-trichloroethane
(7) 
Aquatic biota: to describe and identify fish and plant life that are associated with the surface water bodies.
(8) 
Soils: Soil probes shall be performed at the site of the proposed development for the purposes of determining the types and extent and variability of types of soils present at the site. This information shall then be used to prepare a soils map of the area and to ascertain the suitability of the site for the prospective project. A minimum of one soil probe per three acres of proposed land disturbance (i.e., excluding areas dedicated to the Township and not disturbed in any way) shall be performed to a depth of eight feet. Soil probes may be made using split-spoon sampling, shelby tubes or any device or method which will provide a continuous log of the soil profile without mixing soil material from different depths. Hand augers may be used, provided that the hole remains open and does not slump. Soil profile characteristics to be examined and described in soil probes shall include the following:
(a) 
Depth and thickness of all recognizable, distinct soil horizons or layers of nonsoil material. (A distinct soil horizon or layer of nonsoil material is that which differs from any horizon or layer above or below it with respect to color, texture, percentage coarse fragments or mottling.)
(b) 
Color using the Munsell color system.
(c) 
Texture using the United States Department of Agriculture testural classification system as determined by laboratory analysis or estimation by the feel method of the relative proportions of sand- , silt- and clay-size particles.
(d) 
The volume percentage of coarse fragments greater than two millimeters in size shall be estimated visually.
(e) 
Abundance, size and contrast of any mottling. (The color of a mottled horizon shall be described for the matrix as well as the mottles.)
(f) 
The depth to the seasonal high-water table as indicated by either the shallowest depth to soil mottling or where the water table is observed at a shallower depth than the depth to soil mottling.
(g) 
Depth and thickness of any fragipans.
(9) 
Geology: to describe the geologic formations, including surficial deposits associated with the site, relative to the project proposed.
(10) 
Subsurface water: to describe subsurface water conditions on the site in terms of depth to groundwater and water supply capabilities on the site; where existing conditions warrant, to provide detailed information regarding existing wells and within 500 feet of the site relative to depth, capacity and water quality: and to detail the water supply capabilities of the adjacent areas and the recharge capabilities of the site.
(11) 
Unique scenic or historic features: to describe and map those portions of the site that can be considered to have unique scenic and/or historic qualities and attributes.
(12) 
Vegetation: to describe existing vegetation on the site. A map shall be prepared showing the location of major vegetated groupings, such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated (for example: upland deciduous, lowland deciduous, etc.)
(13) 
Wildlife: to identify and describe any unique habitats of endangered or protected species.
B. 
The environmental impact assessment should describe, with appropriate maps, the proposed project. The assessment shall summarize, rather than duplicate, the site plan and building plan. The assessment shall include a survey and description of the environmental features of the property. The scope and detail of the impact assessment will be determined by the appropriate board, after consultation with the Environmental Commission and appropriate Township staff.
C. 
In review of an applicant's plan, the Board shall consider the potential adverse environmental impacts of any proposed project as major factors in its findings.
D. 
Documentation.
(1) 
All publications, file reports, manuscripts or other written sources of information related to the project and employed in compilation of the environmental impact assessment shall be listed, including all agencies and individuals from whom pertinent information was obtained orally or in writing. Dates and locations of all meetings shall be specified. Eight copies of the environmental assessment, in bound form, shall be submitted to the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
(2) 
A list of all licenses, permits and approvals that are required by municipal, county, regional or state law and a status of each shall be included.
E. 
Critical impacts. Plans shall include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the physical, social or historic environment of the area.
(1) 
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 20%, high acid or high erodible soils, areas of high-water table, mature stands of native vegetation, aquifer recharge areas and archaeologically sensitive areas.
(2) 
A statement of impact upon critical areas and a listing of adverse impacts which cannot be avoided shall be included.
(3) 
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas shall be indicated, both during construction and postconstruction.
F. 
Approval. No application for development shall be approved unless it has been affirmatively determined, after an environmental assessment, that the proposed project:
(1) 
Will not result in a significant adverse impact on the environment.
(2) 
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
(3) 
Will not place a disproportionate or excessive demand upon the total resources available to the project site or to the impact area.
G. 
Waiver. The appropriate board, upon recommendation of the Environmental Commission, may waive any provision of this chapter, if deemed not applicable.
[Added 6-25-2008 by Ord. No. 2008-16; amended 10-8-2008 by Ord. No. 2008-28]
A. 
Purpose. The purpose of this section is to establish rules, regulations, standards and procedures for the preparation of an environmental assessment report by the applicant in order to provide essential information to the appropriate reviewing board so that the environmental consequences of a proposed activity can be evaluated for the protection of the safety, public health, convenience and general welfare of the community. The environmental assessment report (hereinafter referred to as "EAR") shall describe, with suitable sketches and plans, the proposed project. The EAR shall complement, rather than duplicate, the site plan and building plan and shall include a survey and description of the environmental features of the property.
B. 
Applicability.
(1) 
All applications for major subdivision for 10 or more lots or dwelling units, major site plan for construction of 10,000 square feet or more of floor area, conditional use or use variance, except those exempted under Subsection B(2) shall be required to include an EAR unless waived in accordance with Subsection B(3).
(2) 
Exemptions. The following shall be exempt from the EAR requirement:
(a) 
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and accepted agricultural management practices as defined by the State Agricultural Development Committee.
(b) 
All silvaculture operations conducted in accordance with a plan prepared by a professional forester.
(3) 
Waiver. The appropriate reviewing board may waive EAR requirement where the application and other sources of information available to the reviewing board demonstrate that the proposed activity will not involve an environmentally detrimental or potentially environmentally detrimental use or development. The reviewing board shall seek the advice of the Environmental Commission before rendering a waiver decision. Any request for a waiver of this requirement shall be made in writing with reasons as to why the waiver should be granted.
(4) 
If the application for a project as described in Subsection B(1) above is located within the future sewer service area of the Township of Mansfield and requires a NJDEP treatment works approval pursuant to N.J.A.C. 7:14A and is located in an area mapped as Ranks 3 (State Threatened), 4 (State Endangered) and 5 (Federal Threatened and/or Endangered) habitat as depicted by the NJDEP Landscape Project Maps, the applicant shall also document the existence or any nonexistence of any threatened or endangered species on the project site by completing a threatened and endangered species analysis (TESA) in accordance with Subsection C(2)(c)[1].
C. 
Information required.
(1) 
General requirements. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. "Environmentally sensitive areas" include but are not limited to stream corridors and floodplains, streams and water bodies, wetlands, slopes greater than 15%, highly acidic or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.
(2) 
Specific requirements. Project description: indicate the purpose and scope of the proposed project, describe the suitability of the site for the intended use and indicate the extent to which the site must be altered, the kinds of facilities to be constructed, the uses intended and an estimate of the resident population and working population. The compatibility or incompatibility of the proposed project shall be described in relation to the Township Master Plan.
(a) 
Site description and inventory.
[1] 
Types of soil. A complete mapping of all soil types on the site shall be required and a description of each soil's characteristics shall be included, with reference to the Soil Survey of Burlington County, New Jersey. The statement should make specific reference to the Soil Survey Tables for Engineering Index Properties, Soil and Water Features and, where applicable, sanitary facilities.
[2] 
Topography: describe the topographic conditions of the site.
[3] 
Geology: describe the geological formations and features associated with the site as well as depth-to-bedrock conditions, delineate those areas where bedrock is in close proximity to the surface (within two feet of the surface), as well as major rock outcroppings and discussion of projected volume of rock to be removed and time (duration in days) to complete blasting, if applicable.
[4] 
Vegetation: map and describe the diversity and frequency of all major species.
[5] 
Wildlife: describe the diversity and extent of wildlife habitats; identify any unique habitats.
[6] 
Surface water: describe and map existing watercourses and water bodies that are particularly or totally on the site; determine the existing surface runoff from the site. Existing drainage structures shall be mapped, and the capacity of the drainage network shall be determined. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.
[7] 
Subsurface water. Where existing conditions warrant, describe the subsurface water conditions on the site, in terms both of depth to groundwater and of water supply capabilities of the site; from existing data of Mansfield Township Board of Health, provide detailed information regarding existing wells within 500 feet of the site as to depth, capacity and water quality.
[8] 
Unique, scenic and/or historic features: describe and map those portions of the site which can be considered to have unique scenic and/or historic qualities; discuss views to and views from prominent locations in the Township.
[9] 
Existing development features: describe any existing features on the site that are not considered to be part of the natural environment; include roads, housing units, accessory structures, utility lines, sewage facilities and public water supplies.
(b) 
(Reserved)
(c) 
Environmental impact.
[1] 
Describe on-site sewerage facilities and off-site sewerage connections; demonstrate adequacy of both on-site and off-site sewerage facilities and capacities and that the sewage can be disposed of without pollution to natural and man-made water systems.
[2] 
Demonstrate that an adequate potable water supply is available for both domestic use and fire protection, and demonstrate compliance with N.J.S.A. 58:12A-1 et seq. (the New Jersey Safe Drinking Water Act).
[3] 
Describe impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas.
[4] 
Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor be detrimental to the quality of life and privacy of the surrounding community; demonstrate compliance with N.J.A.C. 7:29 (Noise Control).
[5] 
Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will be generated by the proposed activity; demonstrate compliance with relevant state and local regulations and standards as set forth in N.J.S.A. 13:1K-6 et seq. (Environmental Cleanup and Responsibility Act); N.J.A.C. 7:19 (Discharges of Petroleum and Other Hazardous Substances); N.J.A.C. 7:30 (Pesticide Control).
[6] 
Describe the environmental impact of traffic generation.
[7] 
Describe any adverse environmental effect that may occur during the construction phase of the project.
[8] 
List all known licenses, permits and other forms of approval required by the Township, as well as agencies, of the county, state and federal governments. Where approvals have been granted, attach copies; where approvals are pending, a note shall be made to that effect.
[9] 
Threatened and endangered species analysis ("TESA"). In accordance with the provisions of Subsection B(4) above, any applicant of proposed development projects within the Township, where such project is located within the future sewer service area of the Mansfield Township and requires a NJDEP treatment works approval pursuant to N.J.A.C. 7:14A and is located in an area mapped as Ranks 3 (State Threatened), 4 (State Endangered) and 5 (Federal Threatened and/or Endangered) habitat as depicted by the NJDEP Landscape Project Maps, shall be required to complete a TESA. A TESA shall include but not necessarily be limited to:
[a] 
The applicant must screen for the existence or nonexistence of endangered or threatened species habitat on the project site by utilizing the NJDEP Landscape Project. Landscape Project Maps and geographical information systems (GIS) support data are available on the Fish and Game website at http://www.njfishandwildlife.com and can be accessed by following the link to "Endangered and Nongame Species." In addition, a copy of the Landscape Project Maps compact disk (CD) can be obtained by contacting New Jersey Maps and Publications at (609) 777-1038.
[b] 
If specific species' habitat of concern as depicted by the NJDEP Landscape Project Maps for Ranks 3, 4 and 5 habitat areas is identified, the applicant may choose to have a qualified environmental scientist/biologist or ecologist perform a site-specific analysis to identify or confirm all species and the approximate location of the habitat within the project location. (Note: Landscape Project Areas may not be applicable for Mansfield Township; needs to be checked.
[c] 
If the proposed development falls within a Landscape Project Area Rank 3, 4, or 5 and the project location of critical habitat is verified, then the first and primary consideration shall be given to project design measures that avoid any negative impacts to confirmed critical habitat areas.
[d] 
If there will be unavoidable impacts to critical habitat areas that have been identified, submission of a conservation plan is required.
[e] 
The conservation plan shall provide measures to be taken to permanently protect critical habitat areas from future impacts from development. Measures should include protection of identified areas with a conservation/deed restriction. In addition, measures to be taken should include those necessary to mitigate or restore habitat areas which will be disturbed by unavoidable impacts as a result of the proposed project activity.
[f] 
Identification of measures to be taken to permanently protect these areas from current or future impacts from development of adjoining noncritical areas. Measures should include protection of identified areas with a deed-restricted conservation area.
(d) 
Environmental performance controls: describe in appropriate detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on-and off-site resulting from the proposed activity, including, but not limited to:
[1] 
Site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulation design and buffers.
[2] 
Drainage plans which would limit off-site runoff.
[3] 
Sewage disposal techniques.
[4] 
Water supply and water conservation proposals.
[5] 
Energy conservation measures.
[6] 
Pollution control measures that favorably affect air quality and water quality and reduce noise, if applicable.
[7] 
Open space reserves.
[8] 
Procedures for chemical spill prevention, control and cleanup, if applicable.
(e) 
The name and address of the person, persons or entity who prepared the EAR and their curriculum vitae.
D. 
Disposition. The municipal reviewing board shall use the EAR and any other available information to evaluate impacts and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse impact.
[Added 11-3-1986 by Ord. No. 1986-16]
A. 
All applications for preliminary major subdivision approval where 10 or more lots are proposed, all applications for multifamily residential developments and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services.
B. 
The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:
(1) 
Population impact: an analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: children, adults and other information about age cohorts.
(2) 
School impact: an analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year period. Should expanded or new school facilities and/or increased teaching staff be required, the projected cost for such additions shall be specified.
(3) 
Facilities impact: an analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities, public sewerage facilities, recreational facilities and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities.
(4) 
Service impact: an analysis of the existing services provided by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, solid waste disposal and street maintenance services.
(5) 
Traffic impact: an analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development, the physical structure of both road networks and any problem areas in the road network affected by the development, including unsafe intersections and vertical or horizontal alignments.
(6) 
Financial impact: an analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be projected for the Township, the Township school system and the county.
C. 
Waiver. The Consolidated Land Use Board of Mansfield Township may waive any provisions of this section if deemed not applicable.
[Amended 3-5-2020 by Ord. No. 2020-5]
[Added 11-3-1986 by Ord. No. 1986-16]
In each developmental application, the applicant shall be required to pay the review fees of the professional staff of the Township when considering applications hereunder in addition to the payment of professional fees for any other professional personnel employed to process, review, inspect and make recommendations on the application, including but not limited to legal, engineering and planning services. All fees shall be escrowed as otherwise required by ordinance.
[Added 10-20-1987 by Ord. No. 1987-19]
A. 
Before any application for development is deemed complete by a reviewing authority of this Township, the applicant shall provide all of the information indicated on the following checklist, a copy of which will be given to the applicant for use in preparing the application.
B. 
If information indicated on the checklist is not applicable to the particular application about to be made, such information may be omitted and noted on the checklist as nonapplicable.
C. 
The date for hearing by the reviewing authority shall be set by the municipality after it has determined that the application is complete.
D. 
The following constitutes the checklist adopted by the governing body for use in all applications for development in this Township. The following checklists will be required of all applicants before the Township boards:[1]
(1) 
Checklist A: Township of Mansfield Land Development Checklist for Completeness, General Checklist for All Applications.
[Amended 7-7-2008 by Ord. No. 2008-19]
(2) 
Checklist B: Township of Mansfield Land Development Checklist for Completeness, Site Plan Checklist (Preliminary and Final).
[Amended 7-7-2008 by Ord. No. 2008-19]
(3) 
Checklist C: Township of Mansfield Land Development Checklist for Completeness, Major Subdivision Checklist (Preliminary and Final).
(4) 
Checklist D: Township of Mansfield Land Development Checklist for Completeness, Minor Subdivision Checklist.
(5) 
Checklist E: Township of Mansfield Land Development Checklist for Appeals to the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
[1]
Editor's Note: The Land Development Checklists are included at the end of this chapter.
E. 
All applications must be received by the Land Use Coordinator and Consolidated Land Use Board of Mansfield Township professionals no later than 15 days prior to the date of the scheduled hearing.
[Added 5-23-2007 by Ord. No. 2007-16; 3-5-2020 by Ord. No. 2020-5]
[Added 7-31-2002 by Ord. No. 2002-18]
A. 
Prior to the commencement of any construction work within the Township of Mansfield being undertaken pursuant to a site plan or subdivision approval:
(1) 
The developer shall have paid all fees required by this Land Use Code; and
(2) 
The developer shall have obtained from the Township's Construction Code Official a developer's construction agreement substantially in the form attached hereto as Exhibit A,[1] which agreement shall be completed and signed by the developer and the Township of Mansfield prior to the commencement of any construction work within the Township;
[1]
Editor's Note: Said Exhibit A is on file in the Township offices.
B. 
In the event that the Township's Construction Code Official determines that any construction work has commenced or is undertaken by any developer prior to the developer's execution of a construction agreement with the Township, the Municipal Construction Code Official shall be permitted to issue a violation for any provision of this section which shall be punishable by a fine not to exceed $500 for each day a violation occurs.
C. 
The imposition of any penalties herein shall not preclude the Township or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of the building, land or premises.
D. 
In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.