[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.
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]
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:
[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 11-3-1986 by Ord. No. 1986-16]
Public notice shall be required for all site
plans and preliminary major subdivision applications.
[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]
(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
|
|---|
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Aldrin
|
|
Arsenic, total
|
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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.
