In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the development is barred or prevented directly or indirectly from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with the development, the running of the period of approval under
this chapter or under any act repealed by this chapter, as the case
may be, shall be suspended for the period of time the legal action
is pending or such directive or order is in effect.
The developer may elect to submit a separate
application requesting approval of the variance and a subsequent application
for any required approval of a subdivision, site plan or conditional
use. The separate approval of the variance shall be conditioned upon
the grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless such approval
can be granted without substantial detriment to the public good and
without substantial impairment of the intent and purpose of the zone
plan and zoning chapter. The number of votes of Board members required
to grant any such subsequent approval shall be as otherwise provided
in N.J.S.A. 40:55D-1 et seq., for the approval in question, and the
special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
[Amended by Ord. No. 01-94; Ord. No. 03-94; Ord. No. 03-12; by 2006-32; 11-14-2001 by Ord. No. 2001-18; Ord. No. 2002-15; 12-11-2013 by Ord. No. 2013-17]
A. All applicants for a development to a Township agency shall pay to
the administrative officer fees for the application made up of the
following three components. A separate check, or other form of payment
accepted by the Township, shall be provided for each fee component.
(1) Filing fees to cover normal services required for processing all
applications for development and to be paid at the time an application
is filed;
(2) Escrow account deposits to reimburse the Township for costs of engineering,
planning and legal or other technical or professional reviews, research,
reports and/or testimony connected with the review of the application
or deemed necessary by the Township agency in order to assure compliance
with state and Township laws, ordinances, rules and regulations; and
(3) Construction inspection deposits to reimburse the Township for the
cost of engineering inspections to assure satisfactory completion
of improvements to be installed. Where one application for development
includes several approval requests, the sum of the individual required
fees shall be paid.
B. The fees shall be as follows:
(1) Filing fee. To be paid at the time an application is filed.
(2) Escrow account deposit. To be paid at the time an application is
filed and subject to such additional payments as may be required pursuant
to Item 16 below.
|
Category
|
Filling Fee
|
Escrow Fee
|
---|
|
1.
|
Minor Subdivisions
|
|
|
|
|
|
Concept plat for review
|
$100
|
$500
|
|
|
|
Minor plat
|
$200
|
$1,500
|
|
2.
|
Major Subdivision
|
|
|
|
|
|
Concept plat for review
|
$200
|
$1,000
|
|
|
|
Preliminary plat
|
$1,000
|
$200/lot ($2,000 minimum)
|
|
|
|
Time extension of preliminary approval
|
$500
|
None required
|
|
|
|
Amended preliminary major subdivision
|
$200
|
$1,500
|
|
|
|
Final plat
|
$750
|
$75/lot ($1,000 minimum)
|
|
|
|
Time extension of final approval
|
$500
|
none required
|
|
|
|
Amended final major subdivision
|
$200
|
$1,500
|
|
3.
|
Site Plans
|
|
|
|
|
|
Concept plan for review - minor plan
|
$50
|
$500
|
|
|
|
Concept plan for review - major plan
|
$100
|
$1,000
|
|
|
|
Minor site plan
|
$200
|
$1,500
|
|
|
|
Preliminary major site plan
|
$400
|
$1,800/acre or part thereof, plus $85 du in the case of multifamily
units and/or $0.05/gross square feet of building area; in the case
of nonresidential buildings, minimum $2,000
|
|
|
|
Final major site plan
|
$200
|
$900/acre or part thereof, plus $50 du in the case of multifamily
units and/or $0.025/gross square feet of building area; in the case
of nonresidential buildings, minimum $1,000
|
|
|
|
Amended preliminary major and/or final major site plan
|
$150
|
$1,500
|
|
|
|
Time extension of preliminary major site plan approval
|
$200
|
None required
|
|
|
|
Time extension of final major site plan approval
|
$200
|
None required
|
|
4.
|
Variance appeals, N.J.S.A. 40:55D-70a
|
$300
|
$750
|
|
5.
|
Variance interpretation, N.J.S.A. 40:55D-70b
|
$300
|
$750
|
|
6.
|
Bulk variances, N.J.S.A. 40:55D-70c
|
|
|
|
|
|
First variance - residential
|
$250
|
$1,000
|
|
|
|
First variance - commercial
|
$500
|
$1,000
|
|
|
|
Each additional variance (residential and commercial)
|
$50
|
$200
|
|
7.
|
Use or "special reasons" variance, N.J.S.A. 40:55D-70d
|
|
|
|
|
|
Residential
|
$350.00
|
$2,500
|
|
|
|
Commercial
|
$750
|
$2,500
|
|
8.
|
Building permit appeal, N.J.S.A. 40:55D-36
|
$300
|
$750
|
|
9.
|
Conditional use, N.J.S.A. 40:55D-67
|
|
|
|
|
|
Residential
|
$250
|
$1,000
|
|
|
|
Commercial
|
$500
|
$1,000
|
|
|
(plus any other applicable site plan or subdivision fee)
|
|
|
|
10.
|
Other Applications
|
|
|
|
|
|
N.J.S.A. 40:55D-68, Certifications of preexisting nonconforming
use or structure
|
$300
|
$500
|
|
|
|
Any other unspecified application to Land Use Board
|
$200
|
$300
|
|
11.
|
Wireless telecommunications towers
|
|
|
|
|
|
No new tower proposed
|
$1,000
|
$2,500
|
|
|
|
New tower proposed
|
$3,000
|
$5,000
|
|
12.
|
The following fees shall be paid by the applicant by separate
check to the Township at the time of passage of a resolution of subdivision
approval by the Land Use Board of the Township of Mansfield for the
cost of making updates and modifications to the Tax Maps of the Township
of Mansfield relating to said applications:
|
|
|
Minor subdivision
|
|
|
|
|
|
2 to 3 lots
|
$300
|
|
|
|
|
4 to 7 lots
|
$500
|
|
|
|
|
8 to 12 lots
|
$800
|
|
|
|
|
13 to 19 lots
|
$1,000
|
|
|
|
|
20 or more lots
|
$1,500
|
|
|
|
|
(Plus $50 per lot in excess of 20 lots)
|
|
|
|
13.
|
All major subdivisions shall submit an electronic file of the
subdivision, which shall be submitted at the time that the subdivision
map is filed. Said file shall be in AutoCAD (.dwg or .dxf) format.
|
|
14.
|
Payment of the fees required hereunder shall be an expressed
condition of any subdivision approval granted by the Mansfield Township
Land Use Board.
|
|
15.
|
The requirement of the payment of a review deposit at time of
filing may be waived by majority vote of the Township agency if, upon
a preliminary review of the application, and upon request of the applicant,
it appears that there will be no need for the type of review contemplated
by this section.
|
|
16.
|
In the event that the initial deposit made by an applicant is
not sufficient to cover all technical/legal review costs of the application,
or, if during the consideration of an application it becomes evident
that a review deposit which was previously waived will be necessary,
upon request by the Township, the applicant shall make such initial
or further deposit or deposits as may be necessary to cover further
technical/legal review costs. Pending payment of the initial or additional
deposit, all time periods in the application process for action contemplated
by § 320-29 of this chapter shall be tolled and no further
action shall be taken before the municipal agency. Notice of the deficiency
shall be provided to the municipal officials by the clerk of the municipal
agency involved, and such municipal professional shall cease work
on projects for the application which is the subject of a deficient
escrow. The municipal agency shall pass a resolution adjourning the
application of the applicant pending payment of the initial or additional
deposit contemplated herein and provide to the applicant notice that
failure to pay the prescribed escrow fees will result in the application
being denied without prejudice. The resolution shall state with particularity
the status of the applicant's escrow balance, the estimated amount
of additional deposit necessary as well as an explanation thereof
and shall provide the applicant with notice that the application will
be dismissed without prejudice at the next regular meeting of the
municipal agency unless the escrow payment as requested in full is
made. In the event an application is dismissed without prejudice under
the terms and conditions hereof, the applicant shall be required to
file a new application with payment of full fees subject, however,
to Item 15 of this section. In no event shall an application be "approved"
subject to future payment of escrow fees. The finance office of the
municipality shall monthly certify to the clerk of the municipal agency
the status of the escrow account of each applicant. At the commencement
of each meeting upon a particular application, the municipal agency
shall determine if the initial deposit or if additional deposits had
been or need to be made and shall take such action as may be required
in this section.
|
[Added by Ord. No. 15-95]
A. Purpose. In Holmdel Builder's Association v. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory development fee are authorized by the Fair Housing
Act of 1985, N.J.S.A.. 52:27D-30 et seq., and the State Constitution,
subject to the Council on Affordable Housing's (COAH) developing rules.
The purpose of this section is to establish standards for the collection,
maintenance and expenditure of development fees pursuant to COAH's
rules. Fees collected pursuant to this section shall be used for the
sole purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees.
B. Residential development fees.
(1) Within Mansfield Township, developers shall pay a development fee of 1.5% of the equalized assessed value of any eligible residential activity pursuant to Subsection
E of this section.
[Amended 10-25-2017 by Ord. No. 2017-14]
(2) If a "D" Variance pursuant to N.J.S.A. 40:55D-70d is granted, then the additional residential units realized above what is permitted under the existing zoning will incur a bonus development fee of 6% rather than the development fee as set forth in subsection
A above. However, if the zoning on a site has changed during the two-year period, the base density for the purpose of calculating the bonus development fee will be the highest density permitted during the two years preceding the filing of the "D" Variance application.
[Added 4-12-2000 by Ord. No. 2000-02]
C. Nonresidential development fees.
(1) Within Mansfield Township, developers shall pay a development fee of 2.5% of the equalized value of any eligible nonresidential activity pursuant to Subsection
D of this section.
[Amended 10-25-2017 by Ord. No. 2017-14]
(2) If a "D" variance pursuant to N.J.S.A. 40:55D-70d is granted, then the floor area ratio (FAR) or lot coverage realized above what is permitted under the existing zoning will incur a bonus development fee of 6% rather than the development fee as set forth in Subsection
C(1) above. However, if the zoning on a site has changed during the two-year period, the base density for the purpose of calculating the bonus development fee will be the highest (FAR) or lot coverage density permitted during the two years preceding the filing of the "D" variance application.
[Added 4-12-2000 by Ord. No. 2000-02]
D. Eligible exaction, ineligible exaction and exemptions.
(1) Developers of low- and moderate-income units shall
be exempt from paying development fees.
(2) Developers that expand an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
(3) Developers that have received preliminary or final
approval prior to the effective date of this section shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval.
E. Collection of fees.
(1) Developers shall pay 50% of the calculated development
fee to Mansfield Township at the issuance of building permits. The
development fee shall be estimated by the Tax Assessor prior to the
issuance of building permits.
(2) Developers shall pay the remaining fee to the Township
of Mansfield at the issuance of certificates of occupancy. At the
issuance of certificates of occupancy, the Tax Assessor shall calculate
the equalized assessed value and the appropriate development fee.
The developer shall be responsible for paying the difference between
the fee calculated at certificate of occupancy and the amount paid
at issuance of building permit.
F. Housing trust fund.
(1) There is hereby created an interest-bearing housing
trust fund at United Jersey Bank, Hackettstown. New Jersey, for the
purpose of receiver development fees from residential and nonresidential
developers. All development fees paid by developers pursuant to this
section shall be deposited in this fund. No money shall be expended
from the housing trust fund unless the expenditure conforms to a spending
plan approved by COAH.
(2) If COAH determines that Mansfield Township is not
in conformance with COAH's rules on development fees, COAH is authorized
to direct the manner in which all development fees collected pursuant
to this section shall be expended. Such authorization is pursuant
to this section, COAH's rules on development fees, and the written
authorization from the governing body to the United Jersey Bank, Hackettstown,
New Jersey.
G. Use of funds.
(1) Money deposited in a housing trust fund may be used
for any activity approved by COAH for addressing the Mansfield Township's
low- and moderate-income housing obligation. Such activities may include,
but are not necessarily limited to, housing rehabilitation, new construction
region, contribution agreements, the purchase of land for low- and
moderate-income housing, extensions and/or improvements of roads and
infrastructure to low- and moderate-income housing sites, assistance
designed to render unit more affordable to low- and moderate-income
households and administrative costs necessary to implement Mansfield
Township's housing element. The expenditure of all money shall conform
to a spending plan approved by COAH.
(2) At least 30% of the revenues collected shall be devoted
to render units more affordable. Examples of such activities include,
but are not limited to: downpayment assistance, low-interest loans
and rent assistance.
(3) No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include: personnel, consultant services, space costs, consumable supplies
and rental a purchase of equipment.
(4) Development fee revenues shall not be expended to
reimburse Mansfield Township for housing activities that preceded
substantive certification.
H. Expiration of section. This section shall expire if:
(1) COAH dismisses or denies Mansfield Township's petition
for substantive certification;
(2) COAH revokes substantive certification or its certification
of this section;
(3) Substantive certification expires prior to Mansfield
Township's filing a adopted housing element with COAH petitioning
for substantive certification or receiving COAH's approval of this
section.
[Added 7-25-2007 by Ord. No. 2007-08]
A. Purpose. The New Jersey Supreme Court and New Jersey
Legislature have recognized and mandated in So. Burl. Co. NAACP v.
Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA) that every municipality
in New Jersey has an affirmative obligation to facilitate the provision
of affordable housing; and the New Jersey Council on Affordable Housing
(COAH) is the state administrative agency created pursuant to the
FHA vested with primary jurisdiction for the administration of affordable
housing obligations in accordance with sound regional planning considerations
in New Jersey; and COAH's Third Round Substantive Rules (N.J.A.C.
5:94-1 et seq.) implement a "growth share" approach to affordable
housing production which required affordable housing to be produced
in conjunction with market-rate residential and nonresidential growth
and development within the Township of Mansfield; and the Township
of Mansfield desires to implement the "growth share" policies promulgated
by COAH in its Third Round Substantive Rules in an effort to foster
the production of affordable housing opportunities for qualified low-
and moderate-income households through COAH's third round, which extends
from 1999 to 2014.
B. Applicability.
(1) Residential development. Except as exempted in Subsection
B, all residential development that results in the construction of eight or more new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq. shall be subject to the "growth share" provisions of this section.
(2) Nonresidential development. Except as exempted in Subsection
C, all nonresidential development that results in an increase in 25 or more jobs in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the "growth share" provisions of this section.
C. Exemptions. Developments that received preliminary
or final approval from the Planning Board prior to the effective date
of this section.
D. Residential growth share provisions. All residential
development which results in the construction of eight or more new
market-rate dwelling units in the Township of Mansfield shall provide
one unrestricted affordable housing unit on-site for every eight market-rate
units constructed.
E. Nonresidential growth share provisions. All nonresidential
development that results in an increase in gross floor area of any
existing nonresidential building or the construction of a new nonresidential
building in the Township of Mansfield shall provide one unrestricted
affordable unit for every 25 jobs that results from the application
of standards adopted by COAH (presently found in Appendix E of N.J.A.C.
5:94-1 et seq.) and based on use groups, as defined by the International
Building Code (IBC) which has been incorporated by reference into
the Uniform Construction Code (UCC). Nonresidential developers shall
construct an unrestricted affordable housing unit elsewhere in the
Township of Mansfield.
F. General provisions for constructing affordable units.
Affordable housing units being constructed on-site or off-site shall
be in conformance with COAH's third round rules at N.J.A.C. 5:94-1
et seq. and the Uniform Housing Affordability Controls at N.J.A.C.
5:80-26.1 et seq., including, but not limited to, requirements regarding
phasing schedule, controls on affordability low/moderate income split,
heating source, maximum rent and/or sales prices, affordability average,
bedroom distribution, and affirmative marketing.