Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
Subdividers are urged to prepare sketch plans for review with the Planning Board. Such sketch plans shall be considered for informal discussion and shall not constitute official submission. Based on the data on the plan and information received during the discussion, the Planning Board will advise the subdivider of the extent to which the proposed subdivision conforms to these regulations and suggest any modifications which are deemed advisable or necessary to secure conformance with these regulations where applicable.
A. 
An applicant may submit a plan as either a minor subdivision plan, a major subdivision plan or an industrial subdivision plan.
B. 
All applicants shall complete the applicable portions of the checklist contained in Chapter 27, Article III, § 27-30.7, of this Code and submit the same with plans, sketches and other documents relating to the application to the administrative officer, who shall determine if the application is complete within 45 days of the date of submission. In order for an application to be deemed complete, there must be compliance with the checklist provisions previously referred to, and applicants with incomplete applications shall be so notified, setting forth the deficiencies in writing within 45 days of actual submission.
[Amended 10-20-1987 by Ord. No. 1987-20]
C. 
After an application has been determined to be complete, the Planning Board shall review the application and, by majority vote, shall classify the application plans as either minor, major or industrial. A notation to that effect shall be made on the application.
Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285,[1] shall be submitted by the applicant to the County Planning Board for review and approval, and the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
[1]
Editor's Note: See N.J.S.A. 40:27-6.3.
A. 
The applicant shall submit 10 copies of the complete application, together with all applicable fees.
B. 
The Secretary of the Planning Board shall distribute one copy to each of the following: all Planning Board members, the Township Engineer, the Construction Official, the Zoning Officer, the Tax Assessor, the Township Clerk and the Fire Marshal.
C. 
The Planning Board, by majority vote of the entire Planning Board, shall waive notice and public hearing if the Planning Board finds that the application for development conforms to the definition of "minor subdivision" in Article II of this chapter.
D. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.
E. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
F. 
Approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act.
[Amended 8-13-1992 by Ord. No. 1992-12]
G. 
The zoning requirements and general terms and conditions, whether conditional or otherwise upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided herein.
[Amended 8-13-1992 by Ord. No. 1992-12]
H. 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection F if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 8-13-1992 by Ord. No. 1992-12]
I. 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or before the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
[Added 8-13-1992 by Ord. No. 1992-12]
A. 
The applicant shall submit 13 blueprints with the complete application, together with all applicable fees.
[Amended 10-20-1987 by Ord. No. 1987-20]
B. 
The Secretary of the Planning Board shall distribute one copy to each of the following: all Planning Board members, the Township Engineer, the Township Planner, the Construction Official, the Zoning Officer, the Fire Marshal and the Tax Assessor.
C. 
Time for decision.
(1) 
Upon the submission of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.
(2) 
If the application for subdivision approval also involves an application for relief pursuant to Section 57c of P.L. 1975, c. 291,[1] the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(3) 
Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
(4) 
Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. 
Public hearing. A public hearing in accordance with Sections 6 and 7 of P.L. 1975, c. 291,[2] shall be held on all applications for preliminary approval. The date set for the hearing shall be given to the applicant after consultation with the Planning Board.
[2]
Editor's Note: See N.J.S.A. 40:55D-10 and 55D-11.
E. 
Plan amendments. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. Documents and plans not needing revisions need not be resubmitted except if required by the Planning Board. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision approval.
F. 
Township Engineer review. The Township Engineer shall forward to the Secretary of the Planning Board a written report stating the design adequacy of all proposed improvements, including but not limited to streets, utilities, grading and drainage, together with any recommendations for improvement or modification.
G. 
Disapproval of preliminary plat. If the preliminary plat is disapproved, one copy of the plat shall be returned to the applicant, together with a copy of the resolution explaining the reasons for denial. The applicant may resubmit a major subdivision for preliminary approval as a new application in accordance with the requirements of this chapter, including the payment of additional fees, after modifying the application to conform with the requirements of the disapproval letter.
H. 
Approval of preliminary plat. If the Planning Board acts favorably on a preliminary plat, the plat shall be revised by the applicant to reflect all conditions of approval. Six copies of the revised plat shall be submitted to the Township Engineer, who shall review the revised plat for compliance with all conditions. The plat, if acceptable, shall be certified by the Township Engineer as conforming to the approval resolution, and he shall submit one copy each to the Planning Board Secretary and Construction Official and two copies to the applicant and shall retain two copies.
I. 
Effect of preliminary approval. Preliminary approval of a major subdivision shall confer upon the applicant for a period of three years from the date on which the resolution of preliminary approval is adopted the rights enumerated in Section 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-49); provided, however, that whenever the Planning Board grants an extension of preliminary approval pursuant to said act and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining the legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or before the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to N.J.S.A. 40:55D-49c or d. Notwithstanding the foregoing, any approvals granted under this subsection shall expire if an application for final approval is not submitted on or before the expiration date of preliminary approval of the whole or a section or sections of the preliminary subdivision. Failure of an applicant or developer to submit an application for final approval within three years of the grant of preliminary approval, and any extensions granted beyond that initial period, shall result in the expiration and invalidation of the preliminary approval. No application for final approval of a subdivision shall be considered unless it has been submitted prior to the expiration date of the preliminary approval.
[Added 8-13-1992 by Ord. No. 1992-12; amended 6-25-2003 by Ord. No. 2003-7]
A. 
The applicant shall submit 10 blueprints with the complete application, together with all applicable fees.
[Amended 10-20-1987 by Ord. No. 1987-20]
B. 
The Secretary of the Planning Board shall distribute one copy to each of the following: all Planning Board members, the Township Engineer, the Township Planner, the Construction Official, the Zoning Officer, the Fire Marshal and the Tax Assessor.
C. 
Township Engineer review. The Township Engineer shall forward to the Secretary of the Planning Board a written report as to the compliance of the final plat with all engineering requirements of this chapter.
D. 
Time for decision.
(1) 
The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the Planning Board as to failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.
E. 
Disapproval of final plat. If the final plat is disapproved, one copy of the plat shall be returned to the applicant, together with a letter from the Planning Board Secretary explaining the reason for denial. The applicant may resubmit a major subdivision for final approval as a new application in accordance with the requirements of this chapter, including the payment of additional fees, after modifying the application to conform to the requirements of the disapproval letter.
F. 
Approval of final plat and bonding estimate. If the Planning Board acts favorably on a final plat, the plat shall be revised by the applicant to reflect all conditions of approval. Six blueprints, one original tracing, one Mylar and two linens of the revised plat shall be submitted to the Township Engineer, who shall review the revised plat for compliance with all conditions. The plat, if accepted, shall be signed and approved by the Township Engineer. The Township Engineer shall also prepare an estimate of improvement costs for bonding purposes. The bonding estimate and two copies of the final plat shall be sent to the applicant. Two copies and the reproducibles shall be sent to the Planning Board Secretary.
G. 
Performance guaranty.
(1) 
Before recording of final subdivision plats, the Planning Board shall require the posting of adequate performance guaranties in keeping with the estimate of improvement costs as prepared by the Township Engineer and in accordance with the provisions of Article VI.
(2) 
Said performance guaranty shall have been reviewed and have the approval of the Township Solicitor as to both form and amount.
(3) 
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.
(4) 
The time limit on the installation of the required improvements under the performance guaranty shall not exceed 24 months from the date of posting.
H. 
Filing of final plats.
(1) 
Final approval of a major subdivision shall expire 95 days from the date of final approval of the plat, unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of final approval of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
[Amended 8-13-1992 by Ord. No. 1992-12]
(2) 
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the Planning Board or a copy of the certificate of the Secretary of the Planning Board indicating that the Planning Board failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to this chapter. The plan shall be dated with the date when the Board took action and not the date when the plans were signed. The applicant's time period for filing the final plat shall commence with the date when action was taken by the Board, which date shall be deemed the date of final approval.
I. 
Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the rights conferred hereby shall expire if the plat has not been duly recorded within the time period provided in Section 42 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-54).
[Added 8-13-1992 by Ord. No. 1992-12]
J. 
Extensions of approval. Whenever the Planning Board grants an extension of final approval pursuant to the provisions of this section and general law and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or before the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to N.J.S.A. 40:55D-52a and b.
[Added 8-13-1992 by Ord. No. 1992-12]
A. 
Phases of review. All industrial subdivisions shall comply with § 50-5 dealing with classification, § 50-8 dealing with preliminary plat approval and § 50-9 dealing with final approval as to its initial application. Said initial application should show the perimeter of the tract, improvements to be made and all design specifications, and in addition the plat should also indicate the type of industry and if there is any noise, smell, dust, tar, or other deleterious product or by-products and how the public would be protected therefrom.
B. 
Standards of review. Rearrangement or creation of an interior lot line, additional improvements or relocation of initial improvements and any other matter pertaining to development of the tract within the perimeter boundaries shall be handled by the same procedure as minor subdivisions are handled, regardless of the number of lots involved or the number of subdivisions that the applicant makes, provided that each interior subdivision meets the following criteria:
(1) 
Does not involve the extension of any municipal facilities.
(2) 
Does not front on any major street.
(3) 
Does not, in the opinion of the Planning Board, adversely affect the development of the remainder of the parcel.
(4) 
Does not, in the opinion of the Planning Board, adversely affect adjoining property.
(5) 
Does not adversely affect the present or future development of the Township.
C. 
Applicants hereunder shall consult Chapter 27, Article III, § 27-30.7, of this Code and comply with all applicable requirements of the same when submitting applications under this section.
[Added 10-20-1987 by Ord. No. 1987-20]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, 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.
The Planning Board shall have the power to review and approve or deny conditional uses and site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board 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 the 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.
A. 
Any person desiring to subdivide property in any residential zone for single-family home lots may elect to apply to the approving authority for a major subdivision under the following reduced improvement requirements of this section, with all other major subdivision requirements applying. The approving authority shall examine each request to determine whether it meets the following minimum standards and requirements.
B. 
Every lot in the development shall have a minimum area of six acres.
C. 
Each lot shall have a minimum frontage of 300 feet and a minimum depth of 500 feet.
D. 
The development will not adversely affect the development of adjacent or adjoining property.
E. 
The proposed local streets will not interconnect with existing or proposed streets of higher classifications to form continuous routes. They will be designed to discourage any through traffic, will have the exclusive function of providing access to properties abutting the proposed street and will follow the contours of the land to the greatest extent possible.
F. 
If it is determined by the approving authority that the proposed development conforms with the standards established for rural residential development, the following reduction in standards and improvements for the local streets will be allowed.
(1) 
The right-of-way width for all local streets which are entirely within the subdivision shall be 50 feet.
(2) 
The pavement width for all such local streets shall be reduced to 24 feet, with a stabilized grass shoulder 13 feet in width on each side.
(3) 
Subject to approval by the approving authority in each specific case, surface stormwater drainage may be carried in open ditches outside the right-of-way of the local streets or other suitable drainage structures within the right-of-way as may be approved by the Municipal Engineer.
(4) 
Curbs or gutters shall not be required except where excessive grades or other conditions require their installation.
(5) 
Sidewalks shall not be required.
(6) 
Streetlighting requirements may be relaxed or eliminated.
(7) 
There shall be no parking on the street.
(8) 
Trash pickup points shall be along the street.
G. 
The developer shall submit to the approving authority for approval covenants and restrictions which shall run with and bind the land and, after approval of said covenants and restrictions by the approving authority, shall record same prior to sale of any parcel. Said covenants and restrictions shall run with and bind the land for a term of 20 years from the date of recording, after which time they shall be automatically extended for successive periods of 10 years. Any owner of lands within the subdivision or the municipality, by action taken by the governing body, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants and reservations. Failure to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter. The recorded covenants and restrictions shall state that all property in the subdivision shall be used, improved and devoted exclusively to residential and/or agricultural use and that no lot within the subdivision shall be further subdivided or separated into smaller lots by any owner, and no portion less than all of any such lot, nor any easement or other interest therein, shall be conveyed or transferred by an owner. The covenants and restrictions shall also include those provisions as required by the subsection below.
H. 
Any resubdivision of approved lot(s) created under these standards providing for additional lot(s) or lot(s) having an area of less than six acres or any application resulting in any change in use shall be conditioned upon the widening of the street to full width in accordance with current street standards, an evaluation of the need for piped surface water drainage facilities, installation of curbs, gutters and sidewalks along all streets of the subdivision, installation of streetlighting in accordance with current developmental standards and compliance with all other development regulations. Any and all additional improvements shall be at the expense of the developer. These conditions shall apply to all local streets constructed under these reduced requirements in the circulation pattern effected by the lot(s) in question, as well as the complete drainage system serving the lot(s) in question. The developer shall include these provisions as deed restrictions in the deeds associated with the lots originally subdivided in accordance with these reduced standards.