All development of land and buildings in the
Township of Mansfield shall conform to the design and performance
standards established herein unless otherwise specifically excluded
from compliance with this chapter. The standards contained herein
shall be considered minimum requirements.
All development in the Township shall conform
to the Township official map and master plan, or any elements of the
master plan adopted pursuant to N.J.S.A. 40:55D-28.
All work shall be done in conformance with the
current construction standards of the Township or in lieu thereof,
the current edition of the NJDOT Standard Specifications for Road
and Bridge Construction (2001), and with the New Jersey Department
of Transportation standard construction details.
A.
Retention of natural features required. Existing natural
features, such as trees, brooks, drainage channels and views, shall
be retained. Whenever such features interfere with the proposed use
of the property, a retention of the maximum amount of such features
consistent with the use of the property shall be required.
B.
Streams and streambeds. No structure shall be built
on a lot any side of which fronts on a natural watercourse unless
a permit or certificate of exemption has been issued by the New Jersey
Department of Environmental Protection or its successor agency as
required by the Water Supply Management Act N.J.S.A. 58:1A-1 et seq.
and the act regarding floodplains, N.J.S.A. 58:16A-50 et seq.[1]
C.
Topsoil. No person shall strip, excavate or otherwise
remove topsoil for other than reuse on the same lot. Topsoil moved
during the course of road construction in a subdivision shall be redistributed
so as to provide at least six inches of cover to all areas of the
tract and shall be stabilized by seeding or planting.
D.
Preservation of landscape. Landscape shall be preserved
in its natural state, insofar as practicable, by minimizing tree and
soil removal. Grade changes shall be in keeping with the general appearance
of the neighboring developed areas. Adequate shade trees shall be
provided.
E.
Relation of proposed buildings to environment. The
proposed structure shall be related harmoniously to the land form,
either natural or man-made, and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction
with other buildings or other proposed buildings and the creation
of focal points with respect to avenues of approach, terrain features
or other buildings.
[Amended 5-10-1995 by Ord. No. 08-95]
In all projects in which there is common property
or common open space, a homeowners' association shall be established
for the purposes of owning and maintaining such common property within
a development, provided the Board and Township Committee are satisfied
that the homeowners' association will have a sufficient number of
property owners to reasonably expect a perpetuation of the association
in a manner enabling the association to meet its obligations and responsibilities.
If established, a homeowners' association shall incorporate the following
provisions:
A.
Membership in the homeowners' association by all property
owners shall be mandatory. Required membership and the responsibilities
upon the members shall be in writing between the association and each
property owner in the form of a covenant with each agreeing to liability
for his pro rata share of the association's costs.
B.
The association shall be responsible for liability
insurance, taxes, maintenance and any other obligations assumed by
the association and shall hold the Township harmless from any liability.
C.
The assessment levied by the association upon each
property owner shall become a lien on each owner's property. The association
shall be allowed to adjust the assessment to meet changing needs and
any deeded lands may only be sold, donated, or conveyed to the Township
for public purposes.[1]
D.
The association shall clearly describe in its bylaws
all the rights and obligations of each tenant and property owner,
including a copy of the covenant, model deeds, and articles of incorporation
of the association and the fact that every tenant and property owner
shall have the right to use all common properties. These shall be
set forth as a condition of approval and shall be submitted prior
to the granting of final approval.
E.
The association shall maintain the common property
and all facilities thereon. In case of default by the association,
the Township shall have the power to maintain the common property
or common open space in accordance with the provisions of N.J.S.A.
4055D-43.
F.
The articles of incorporation, covenants, bylaws,
model deeds, and other legal instruments shall insure that control
of the homeowners' association shall be transferred to the property
owners based on a percentage of the dwelling units sold and/or occupied
and shall clearly indicate that the Township may perform such maintenance
and repair work which may be required in the public interest where
the association has failed to perform, with the coats being levied
upon each property owner according to his pro rata share in the association.
Such assessment may become a lien on the property.
G.
The homeowners' association shall comply in all respects
with all other requirements of any federal, state, or Township statute,
regulation or ordinance.
[Amended 5-10-1995 by Ord. No. 08-95]
A.
Diversity of exterior design. Except as provided in
this chapter, no building permit shall be issued for the construction
of any dwelling unit on any lot in a residential development that
is substantially similar in exterior design and appearance to any
neighboring dwelling than in existence, or for which a building permit
has been issued or is pending, on any lot, the nearest boundary of
which is within two lots of the nearest boundary of the lot on which
the proposed dwelling is to be constructed.
(1)
Houses upon lots within such specified distance from
each other shall be considered substantially similar in exterior design
and appearance if they have any one or more of the following characteristics
in common:
(a)
The same basic dimensions and floor plans without
substantial differentiation of one or more exterior elevations.
(b)
The same basic dimensions and floor plans without
substantial change in orientation of the houses on the lots with reference
to the front street.
(c)
The same basic height and design of the roofs
without substantial change in design or exterior appearance.
(d)
The same basic size, type and location of windows
and doorways in the front elevation, as well as the appearances and
arrangement of the porches and garages thereon, without substantial
variation.
(e)
The same basic kind and color of materials used
in the front elevation without substantial variation in design, character
and appearance from auxiliary buildings. Developers are encouraged
to use a variety of stone, brick, lateral and vertical siding and
other exterior treatment of residences in order to afford independent
characteristics thereto and differentiation from other dwellings in
the same neighborhood.
(2)
In addition to the requirements set out in the subsection
above, every housing development shall conform to the following requirements
for house designs:
(a)
In a development consisting of eight houses
or less, there shall be no fewer than two separate basic house designs.
(b)
In a development consisting of 15 houses or
less, there shall be no fewer than three basic house designs.
(c)
In a development of 77 houses or less, there
shall be no fewer than five basic house designs.
(d)
In a development of 78 houses or more, there
shall be no fewer than eight basic house designs. Wherever feasible,
no more than two houses of the same basic design shall be constructed
along both sides of a common street in a single block.
B.
Conformity required; issuance of building permit;
variances. To ensure conformity with the provisions of these regulations
and to increase and protect respective property values of the dwellings
within a residential development, no building permit shall be issued
for the construction of any residence therein unless and until the
full floor plan and elevations with a general description of the exterior
appearances and front treatment of the building has been exhibited
to the Zoning Officer, together with a site plan showing its proposed
location on the lot. Such plans, elevations, design and site plans
shall be prepared by a licensed engineer or architect and shall be
considered in the context of the immediate neighborhood to determine
its compliance with the distance regulations herein provided and its
conformity with these regulations. If there is any controversy regarding
such compliance, the applicant shall have a right to appeal directly
to the approving authority, which may grant relief to the applicant,
after hearing, when, in the opinion of the approving authority, such
relief can be granted in a manner not detrimental to the public interest
and provided that such relief will not substantially impair the purpose
of these regulations or otherwise impair the zoning plan.
The following improvements shall be required
except where this chapter specifically waives the requirement, or
when the Board waives the requirement by specific resolution based
on hardship, peculiar, or special development provisions:
|
Required for All Roads Except Local Class
II
|
Required for Local Class II
| |
|---|---|---|
|
Paved streets
|
X
|
X
|
|
Curbs and gutters
|
X
|
X
|
|
Sidewalks
|
X
|
X
|
|
Water mains and fire hydrants
|
If available
|
If available
|
|
Sanitary waste disposal
|
X
|
X
|
|
Storm drainage
|
X
|
X
|
|
Street signs
|
X
|
X
|
|
Streetlighting
|
X
|
X
|
|
Street and shade trees
|
X
|
X
|
|
Monuments
|
X
|
X
|
|
Topsoil protection
|
X
|
X
|
|
All other improvements which may be required
herein
|
X
|
X
|
The approving authority, when acting upon applications
for preliminary or minor subdivision approval and preliminary site
plan approval, shall have the power to grant such exceptions from
the design and performance standards in this chapter which may be
reasonable and within the general purpose and intent of the provisions
for subdivision/site plan review and approval if the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.[1]
