A.
Every Township agency shall fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the agency shall be scheduled
not less than once a month and shall be held as scheduled unless canceled
for lack of applications for development to process. The agency may
provide for special meetings, at the call of the Chairman, or on the
request of any two of its members, which shall be held on notice to
its members and the public in accordance with Township regulations.
No action shall be taken at any meeting without a quorum being present.
All actions shall be by majority vote of the members of the Board
present at the meeting except where a specified portion of the full
authorized membership is required as set forth in N.J.S.A. 40:55D-9(a).
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with municipal regulations. An executive session for
the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this chapter.
C.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the agency and of the persons appearing by attorney, the action taken
by the agency, 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 administrative officer.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party shall be
charged a fee for reproduction of the minutes for his use as provided
in § 360-22B(4)(b).[1]
D.
All actions shall be taken by a majority vote of the
members of the agency present at the meeting except as follows:
(1)
By affirmative vote of the full authorized membership
of the Township Committee if adopting an official map or an amendment
or revision thereto which in whole or in part is inconsistent with
the appropriate designations in the sub-plan elements of the Master
Plan pursuant to N.J.S.A. 40:55D-32.
(2)
By affirmative vote of the majority of the full authorized
membership of the Planning Board, for direction for issuance of a
permit for a building or structure in the bed of a mapped street or
public drainageway, flood control basin or public area reserved, pursuant
to N.J.S.A. 40:55D-32.
(3)
By majority vote of the full authorized membership
of the Township Committee to disapprove or change any recommendation
of the Planning Board made prior to and relating to the adoption of
a development regulation, revision or amendment thereto, pursuant
to N.J.S.A. 40:55D-26(a).[2]
[2]
Editor's Note: Original Section 19-7.1.d.4, regarding the majority of the full authorized membership of the Zoning Board of Adjustment rejecting any recommendation of the Planning Board, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
By majority vote of the Township Committee when adopting
or amending a zoning ordinance relating to the nature and extent of
the uses of land and of buildings and structures thereon, which ordinance
or amendment or revision in whole or in part is inconsistent with
or not designed to effectuate the land use plan element. See N.J.S.A.
40:55D-62.
A.
The municipal agency shall hold a hearing on each
application for development, or adoption, revision or amendment of
the Master Plan.
B.
The municipal agency shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 14 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records, or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
C.
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, N.J.S.A. 2A:67A-1 et seq., shall apply.
D.
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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
The Township agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense.
G.
Any decision of the Planning Board when acting upon
any application for development and any decision of the Township Committee
when acting upon an appeal, including an action of denial resulting
from the failure of a motion to approve, shall be reduced to a written
resolution memorializing the action. Such resolution shall be adopted
within 45 days of the date on which the action is taken and shall
set forth the decision as well as the findings of fact and conclusions
based thereon. Such resolution shall be adopted by a vote of a majority
of the members of the agency who voted in favor of or whose vote resulted
in the action previously taken, and no other member shall vote thereon.
The vote on such resolution shall be deemed to be a memorialization
of an action and not an action of an agency, except that the failure
of the agency to adopt such resolution within the forty-five-day period
shall result in the approval of the application for development, any
prior action thereon notwithstanding.
H.
A copy of the decision shall be mailed by the agency
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 and who
have paid the fee prescribed by the agency for such service. A copy
of the decision shall also be filed in the office of the Township
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 Township.
The date of adoption of a resolution memorializing an action shall
constitute the date of decision for purposes of the mailings, filings
and publications required by law.
I.
Upon adoption of a resolution for an application for
development, the applicant shall publish a brief notice of the Board's
decision within 10 days of the adoption of the resolution in the official
newspaper of the Township or in a newspaper of general circulation
in the Township and provide proof of publication of notice to the
Secretary of Board. If an applicant fails to publish notice as herein
required or provide proof of publication within 30 days of the adoption
of a resolution, the Secretary of the Board shall publish such notice,
the cost of which shall be charged against the applicant's escrow.
The period of time in which an appeal of the decision may be made
shall run from the first publication of the decision, whether arranged
by the Township or the applicant.
[Amended 11-10-2020 by Ord. No. 2020-13]
J.
When any hearing before the Board carries over two
or more meetings, a member of the Board who was absent for one or
more of the meetings shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one or more of the meetings, provided that such Board member has available
to him or her a transcript or recording of the meeting from which
he was absent, and certifies in writing to the Board that he has read
such transcript or listened to such recording, pursuant to N.J.S.A.
40:55D-23(c).
A.
Appeals and applications.
(1)
Notice pursuant to this section shall be given by the applicant unless the provisions of this section otherwise direct. At least 10 days prior to the date of the hearing, the applicant shall give public notice of a hearing on an application for development except for site plan review involving 10 acres or less, sketch plat application, final approval of a site plan or major subdivision. Public notice shall be given in the event that relief is requested pursuant to § 360-12 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given 10 days prior to date of the hearing as follows: by publication in the official newspaper of the Township.
(2)
Notice to property owners within 200 feet.
(a)
Notice shall be given to the owners of all real
property as shown on the current tax duplicate or duplicates located
within 200 feet in all directions of the property which is the subject
of the hearing and whether located within or without the municipality
in which the applicant's land is located, provided that this requirement
shall be deemed satisfied by notice to the condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Such notice shall be
given by:
(b)
A return receipt shall not be required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
(c)
Upon the written request of an applicant, the
tax search officer shall, within seven days, make and certify a list
from the current tax duplicates of names and addresses of owners to
whom the applicant is required to give notice pursuant to this section.
The applicant shall be entitled to rely upon the information contained
in such list, and failure to give notice to any owner not on the list
shall not invalidate any hearing or proceeding. A fee as provided
in § 360-22B(4)(a) shall be charged for the list.[1]
(3)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the clerk
of such municipality.
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the official county map or on the county master plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(5)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10(b).
(7)
The applicant shall file an affidavit of proof of
service on a form prescribed with the agency holding the hearing on
the application for development in the event that the applicant is
required to give notice pursuant to this section.
(8)
Any notice permitted to be made by certified mail
shall be deemed complete upon mailing.
B.
Notice concerning Master Plan.
(1)
The Planning Board shall give:
(a)
Public notice of a hearing on adoption, revision
or amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of the Township at least 10 days prior to
the date of the hearing.
(b)
Notice by personal service or certified mail
to the clerk of an adjoining municipality of all hearings on adoption,
revision or amendment of a Master Plan involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
(c)
Notice by personal service or certified mail
to the County Planning Board of:
[1]
All hearings on the adoption, revision or amendment
of the Township Master Plan at least 10 days prior to the date of
the hearing. Such notice shall include a copy of any such proposed
Master Plan, or any revision or amendment thereto; and
[2]
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment. Such notice shall include a copy of the Master Plan
or revision or amendment thereto.
(2)
Notices pursuant to the provisions of this subsection shall state the date, time and place of the hearing, the nature of the matters to be considered and, in case of notices pursuant to Subsection B(1)(c) herein, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available for public inspection.
C.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or Official Map.
(1)
Notice by personal service or certified mail shall
be made to the clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice of personal service or certified mail shall
be made to the County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
or any development regulation at least 10 days prior to the date of
the hearing; and
(b)
The adoption, revision or amendment of the Township
capital improvement programs or official map not more than 30 days
after the date of such adoption, nor amendment. Any notice provided
hereunder shall include a copy of the proposed development regulation,
the Official Map or the capital program, or any proposed revision
or amendment thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
A.
Applications for detached single-family dwellings.
Each application for a zoning permit for a permitted one-family dwelling
unit, and accessory structures, buildings or uses related thereto,
shall be made to the Zoning Officer in accordance with the provisions
of this section. The Zoning Officer shall carefully consider the application
and all supporting documents and thereupon make a determination of
the application's compliance with the requirements of this chapter.
Based upon such determination, the Zoning Officer shall either issue
or deny the zoning permit for which application was made. If the Zoning
Officer denies the issuance of the zoning permit, he shall state in
writing to the applicant the reasons for such denial. Each application
made hereunder shall be accompanied by a survey plan of the lot, derived
from the official Tax Maps or other source of similar or greater accuracy,
showing the following:
B.
Applications for permitted use for all uses except
detached one-family dwellings. All such applications shall be made
to the Planning Board in accordance with the requirements for site
plan review.
D.
Applications for conditional uses. All such applications shall be made directly to the Planning Board in accordance with the provisions of § 360-11G and this section.
E.
Applications for appeal. All such applications shall
be made directly to the Planning Board in accordance with the provisions
of this section.
F.
Applications for interpretations. All such applications
shall be made directly to the Planning Board in accordance with the
provisions of this section.
G.
Applications for subdivision approval. Applications
for subdivision approval shall be made directly to the Planning Board.
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units, or for approval of a site to be used for
commercial purposes, shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of
the stock of a corporation, or 10% or greater interest in a partnership,
subject to disclosure, pursuant to Subsection of this section, that
corporation or partnership shall list the names and addresses of its
stockholders holding 10% or more of its stock or of 10% or greater
interest in the partnership, as the case may be, and this requirement
shall be followed by every corporate stockholder or partner in a partnership,
until the names and addresses of the noncorporate stockholders and
individual partners, exceeding the ten-percent ownership criterion
established herein, have been listed.
C.
No municipal agency shall approve the application
of any corporation or partnership which does not comply with the provisions
of this section.
D.
Any corporation or partnership which conceals the
names of the stockholders owning 10% or more of its stock, or of the
individual partners owning a ten-percent or greater interest in the
partnership, as the case may be, shall be subject to a fine of $1,000
to $10,000, which shall be recovered in the name of the Township in
any court of record in the state in a summary manner pursuant to the
Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.[1]
A.
Generally. The Township agency shall grant or deny
an application for development within the time period prescribed for
the particular type of application or within such further time as
may be consented to in writing by the applicant.
B.
County Planning Board review. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3, in the case of a subdivision or N.J.S.A. 40:27-6.6 in the
case of a site plan, the agency 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.
C.
Planning Board approval. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 360-12, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer 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 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, 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.[1]
D.
Extension of time for action. If the scheduled time
of the Planning Board meeting allows insufficient time for the Board
to reach a determination regarding action on an application within
the time prescribed in this section, the applicant shall be requested
to consent to an extension of time. In the event time for action expires
as a result of failure of the board to make a quorum, said fact shall
constitute an automatic denial without prejudice.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the development is barred or prevented directly or indirectly from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with the development, the running of the period of approval under
this chapter or under any act repealed by this chapter, as the case
may be, shall be suspended for the period of time the legal action
is pending or such directive or order is in effect.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with this chapter
and municipal development regulations, and, if such application for
development complies with Township development regulations, the agency
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the Township agency, the agency shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency; provided that the Township shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the agency is prevented or relieved from so acting by the operation
of law.
The developer may elect to submit a separate
application requesting approval of the variance and a subsequent application
for any required approval of a subdivision, site plan or conditional
use. The separate approval of the variance shall be conditioned upon
the grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless such approval
can be granted without substantial detriment to the public good and
without substantial impairment of the intent and purpose of the zone
plan and zoning chapter. The number of votes of Board members required
to grant any such subsequent approval shall be as otherwise provided
in N.J.S.A. 40:55D-1 et seq., for the approval in question, and the
special vote pursuant to N.J.S.A. 40:55D-70d shall not be required.
[Amended by Ord. No. 01-94; Ord. No. 03-94; Ord. No. 03-12; by 2006-32; 11-14-2001 by Ord. No. 2001-18; Ord. No. 2002-15; 12-11-2013 by Ord. No. 2013-17]
A.
All applicants for a development to a Township agency shall pay to
the administrative officer fees for the application made up of the
following three components. A separate check, or other form of payment
accepted by the Township, shall be provided for each fee component.
(1)
Filing fees to cover normal services required for processing all
applications for development and to be paid at the time an application
is filed;
(2)
Escrow account deposits to reimburse the Township for costs of engineering,
planning and legal or other technical or professional reviews, research,
reports and/or testimony connected with the review of the application
or deemed necessary by the Township agency in order to assure compliance
with state and Township laws, ordinances, rules and regulations; and
(3)
Construction inspection deposits to reimburse the Township for the
cost of engineering inspections to assure satisfactory completion
of improvements to be installed. Where one application for development
includes several approval requests, the sum of the individual required
fees shall be paid.
B.
The fees shall be as follows:
(1)
Filing fee. To be paid at the time an application is filed.
(2)
Escrow account deposit. To be paid at the time an application is
filed and subject to such additional payments as may be required pursuant
to Item 16 below.
|
Category
|
Filling Fee
|
Escrow Fee
| |||
|---|---|---|---|---|---|
|
1.
|
Minor Subdivisions
| ||||
|
Concept plat for review
|
$100
|
$500
| |||
|
Minor plat
|
$200
|
$1,500
| |||
|
2.
|
Major Subdivision
| ||||
|
Concept plat for review
|
$200
|
$1,000
| |||
|
Preliminary plat
|
$1,000
|
$200/lot ($2,000 minimum)
| |||
|
Time extension of preliminary approval
|
$500
|
None required
| |||
|
Amended preliminary major subdivision
|
$200
|
$1,500
| |||
|
Final plat
|
$750
|
$75/lot ($1,000 minimum)
| |||
|
Time extension of final approval
|
$500
|
none required
| |||
|
Amended final major subdivision
|
$200
|
$1,500
| |||
|
3.
|
Site Plans
| ||||
|
Concept plan for review - minor plan
|
$50
|
$500
| |||
|
Concept plan for review - major plan
|
$100
|
$1,000
| |||
|
Minor site plan
|
$200
|
$1,500
| |||
|
Preliminary major site plan
|
$400
|
$1,800/acre or part thereof, plus $85 du in the case of multifamily
units and/or $0.05/gross square feet of building area; in the case
of nonresidential buildings, minimum $2,000
| |||
|
Final major site plan
|
$200
|
$900/acre or part thereof, plus $50 du in the case of multifamily
units and/or $0.025/gross square feet of building area; in the case
of nonresidential buildings, minimum $1,000
| |||
|
Amended preliminary major and/or final major site plan
|
$150
|
$1,500
| |||
|
Time extension of preliminary major site plan approval
|
$200
|
None required
| |||
|
Time extension of final major site plan approval
|
$200
|
None required
| |||
|
4.
|
Variance appeals, N.J.S.A. 40:55D-70a
|
$300
|
$750
| ||
|
5.
|
Variance interpretation, N.J.S.A. 40:55D-70b
|
$300
|
$750
| ||
|
6.
|
Bulk variances, N.J.S.A. 40:55D-70c
| ||||
|
First variance - residential
|
$250
|
$1,000
| |||
|
First variance - commercial
|
$500
|
$1,000
| |||
|
Each additional variance (residential and commercial)
|
$50
|
$200
| |||
|
7.
|
Use or "special reasons" variance, N.J.S.A. 40:55D-70d
| ||||
|
Residential
|
$350.00
|
$2,500
| |||
|
Commercial
|
$750
|
$2,500
| |||
|
8.
|
Building permit appeal, N.J.S.A. 40:55D-36
|
$300
|
$750
| ||
|
9.
|
Conditional use, N.J.S.A. 40:55D-67
| ||||
|
Residential
|
$250
|
$1,000
| |||
|
Commercial
|
$500
|
$1,000
| |||
|
(plus any other applicable site plan or subdivision fee)
| |||||
|
10.
|
Other Applications
| ||||
|
N.J.S.A. 40:55D-68, Certifications of preexisting nonconforming
use or structure
|
$300
|
$500
| |||
|
Any other unspecified application to Land Use Board
|
$200
|
$300
| |||
|
11.
|
Wireless telecommunications towers
| ||||
|
No new tower proposed
|
$1,000
|
$2,500
| |||
|
New tower proposed
|
$3,000
|
$5,000
| |||
|
12.
|
The following fees shall be paid by the applicant by separate
check to the Township at the time of passage of a resolution of subdivision
approval by the Land Use Board of the Township of Mansfield for the
cost of making updates and modifications to the Tax Maps of the Township
of Mansfield relating to said applications:
| ||||
|
Minor subdivision
| |||||
|
2 to 3 lots
|
$300
| ||||
|
4 to 7 lots
|
$500
| ||||
|
8 to 12 lots
|
$800
| ||||
|
13 to 19 lots
|
$1,000
| ||||
|
20 or more lots
|
$1,500
| ||||
|
(Plus $50 per lot in excess of 20 lots)
| |||||
|
13.
|
All major subdivisions shall submit an electronic file of the
subdivision, which shall be submitted at the time that the subdivision
map is filed. Said file shall be in AutoCAD (.dwg or .dxf) format.
| ||||
|
14.
|
Payment of the fees required hereunder shall be an expressed
condition of any subdivision approval granted by the Mansfield Township
Land Use Board.
| ||||
|
15.
|
The requirement of the payment of a review deposit at time of
filing may be waived by majority vote of the Township agency if, upon
a preliminary review of the application, and upon request of the applicant,
it appears that there will be no need for the type of review contemplated
by this section.
| ||||
|
16.
|
In the event that the initial deposit made by an applicant is
not sufficient to cover all technical/legal review costs of the application,
or, if during the consideration of an application it becomes evident
that a review deposit which was previously waived will be necessary,
upon request by the Township, the applicant shall make such initial
or further deposit or deposits as may be necessary to cover further
technical/legal review costs. Pending payment of the initial or additional
deposit, all time periods in the application process for action contemplated
by § 320-29 of this chapter shall be tolled and no further
action shall be taken before the municipal agency. Notice of the deficiency
shall be provided to the municipal officials by the clerk of the municipal
agency involved, and such municipal professional shall cease work
on projects for the application which is the subject of a deficient
escrow. The municipal agency shall pass a resolution adjourning the
application of the applicant pending payment of the initial or additional
deposit contemplated herein and provide to the applicant notice that
failure to pay the prescribed escrow fees will result in the application
being denied without prejudice. The resolution shall state with particularity
the status of the applicant's escrow balance, the estimated amount
of additional deposit necessary as well as an explanation thereof
and shall provide the applicant with notice that the application will
be dismissed without prejudice at the next regular meeting of the
municipal agency unless the escrow payment as requested in full is
made. In the event an application is dismissed without prejudice under
the terms and conditions hereof, the applicant shall be required to
file a new application with payment of full fees subject, however,
to Item 15 of this section. In no event shall an application be "approved"
subject to future payment of escrow fees. The finance office of the
municipality shall monthly certify to the clerk of the municipal agency
the status of the escrow account of each applicant. At the commencement
of each meeting upon a particular application, the municipal agency
shall determine if the initial deposit or if additional deposits had
been or need to be made and shall take such action as may be required
in this section.
| ||||
[Added by Ord. No. 15-95]
A.
Purpose. In Holmdel Builder's Association v. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory development fee are authorized by the Fair Housing
Act of 1985, N.J.S.A.. 52:27D-30 et seq., and the State Constitution,
subject to the Council on Affordable Housing's (COAH) developing rules.
The purpose of this section is to establish standards for the collection,
maintenance and expenditure of development fees pursuant to COAH's
rules. Fees collected pursuant to this section shall be used for the
sole purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees.
B.
Residential development fees.
(1)
Within Mansfield Township, developers shall pay a development fee of 1.5% of the equalized assessed value of any eligible residential activity pursuant to Subsection E of this section.
[Amended 10-25-2017 by Ord. No. 2017-14]
(2)
If a "D" Variance pursuant to N.J.S.A. 40:55D-70d is granted, then the additional residential units realized above what is permitted under the existing zoning will incur a bonus development fee of 6% rather than the development fee as set forth in subsection A above. However, if the zoning on a site has changed during the two-year period, the base density for the purpose of calculating the bonus development fee will be the highest density permitted during the two years preceding the filing of the "D" Variance application.
[Added 4-12-2000 by Ord. No. 2000-02]
C.
Nonresidential development fees.
(1)
Within Mansfield Township, developers shall pay a development fee of 2.5% of the equalized value of any eligible nonresidential activity pursuant to Subsection D of this section.
[Amended 10-25-2017 by Ord. No. 2017-14]
(2)
If a "D" variance pursuant to N.J.S.A. 40:55D-70d is granted, then the floor area ratio (FAR) or lot coverage realized above what is permitted under the existing zoning will incur a bonus development fee of 6% rather than the development fee as set forth in Subsection C(1) above. However, if the zoning on a site has changed during the two-year period, the base density for the purpose of calculating the bonus development fee will be the highest (FAR) or lot coverage density permitted during the two years preceding the filing of the "D" variance application.
[Added 4-12-2000 by Ord. No. 2000-02]
D.
Eligible exaction, ineligible exaction and exemptions.
(1)
Developers of low- and moderate-income units shall
be exempt from paying development fees.
(2)
Developers that expand an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
(3)
Developers that have received preliminary or final
approval prior to the effective date of this section shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval.
E.
Collection of fees.
(1)
Developers shall pay 50% of the calculated development
fee to Mansfield Township at the issuance of building permits. The
development fee shall be estimated by the Tax Assessor prior to the
issuance of building permits.
(2)
Developers shall pay the remaining fee to the Township
of Mansfield at the issuance of certificates of occupancy. At the
issuance of certificates of occupancy, the Tax Assessor shall calculate
the equalized assessed value and the appropriate development fee.
The developer shall be responsible for paying the difference between
the fee calculated at certificate of occupancy and the amount paid
at issuance of building permit.
F.
Housing trust fund.
(1)
There is hereby created an interest-bearing housing
trust fund at United Jersey Bank, Hackettstown. New Jersey, for the
purpose of receiver development fees from residential and nonresidential
developers. All development fees paid by developers pursuant to this
section shall be deposited in this fund. No money shall be expended
from the housing trust fund unless the expenditure conforms to a spending
plan approved by COAH.
(2)
If COAH determines that Mansfield Township is not
in conformance with COAH's rules on development fees, COAH is authorized
to direct the manner in which all development fees collected pursuant
to this section shall be expended. Such authorization is pursuant
to this section, COAH's rules on development fees, and the written
authorization from the governing body to the United Jersey Bank, Hackettstown,
New Jersey.
G.
Use of funds.
(1)
Money deposited in a housing trust fund may be used
for any activity approved by COAH for addressing the Mansfield Township's
low- and moderate-income housing obligation. Such activities may include,
but are not necessarily limited to, housing rehabilitation, new construction
region, contribution agreements, the purchase of land for low- and
moderate-income housing, extensions and/or improvements of roads and
infrastructure to low- and moderate-income housing sites, assistance
designed to render unit more affordable to low- and moderate-income
households and administrative costs necessary to implement Mansfield
Township's housing element. The expenditure of all money shall conform
to a spending plan approved by COAH.
(2)
At least 30% of the revenues collected shall be devoted
to render units more affordable. Examples of such activities include,
but are not limited to: downpayment assistance, low-interest loans
and rent assistance.
(3)
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include: personnel, consultant services, space costs, consumable supplies
and rental a purchase of equipment.
(4)
Development fee revenues shall not be expended to
reimburse Mansfield Township for housing activities that preceded
substantive certification.
H.
Expiration of section. This section shall expire if:
(1)
COAH dismisses or denies Mansfield Township's petition
for substantive certification;
(2)
COAH revokes substantive certification or its certification
of this section;
(3)
Substantive certification expires prior to Mansfield
Township's filing a adopted housing element with COAH petitioning
for substantive certification or receiving COAH's approval of this
section.
[Added 7-25-2007 by Ord. No. 2007-08]
A.
Purpose. The New Jersey Supreme Court and New Jersey
Legislature have recognized and mandated in So. Burl. Co. NAACP v.
Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA) that every municipality
in New Jersey has an affirmative obligation to facilitate the provision
of affordable housing; and the New Jersey Council on Affordable Housing
(COAH) is the state administrative agency created pursuant to the
FHA vested with primary jurisdiction for the administration of affordable
housing obligations in accordance with sound regional planning considerations
in New Jersey; and COAH's Third Round Substantive Rules (N.J.A.C.
5:94-1 et seq.) implement a "growth share" approach to affordable
housing production which required affordable housing to be produced
in conjunction with market-rate residential and nonresidential growth
and development within the Township of Mansfield; and the Township
of Mansfield desires to implement the "growth share" policies promulgated
by COAH in its Third Round Substantive Rules in an effort to foster
the production of affordable housing opportunities for qualified low-
and moderate-income households through COAH's third round, which extends
from 1999 to 2014.
B.
C.
Exemptions. Developments that received preliminary
or final approval from the Planning Board prior to the effective date
of this section.
D.
Residential growth share provisions. All residential
development which results in the construction of eight or more new
market-rate dwelling units in the Township of Mansfield shall provide
one unrestricted affordable housing unit on-site for every eight market-rate
units constructed.
E.
Nonresidential growth share provisions. All nonresidential
development that results in an increase in gross floor area of any
existing nonresidential building or the construction of a new nonresidential
building in the Township of Mansfield shall provide one unrestricted
affordable unit for every 25 jobs that results from the application
of standards adopted by COAH (presently found in Appendix E of N.J.A.C.
5:94-1 et seq.) and based on use groups, as defined by the International
Building Code (IBC) which has been incorporated by reference into
the Uniform Construction Code (UCC). Nonresidential developers shall
construct an unrestricted affordable housing unit elsewhere in the
Township of Mansfield.
F.
General provisions for constructing affordable units.
Affordable housing units being constructed on-site or off-site shall
be in conformance with COAH's third round rules at N.J.A.C. 5:94-1
et seq. and the Uniform Housing Affordability Controls at N.J.A.C.
5:80-26.1 et seq., including, but not limited to, requirements regarding
phasing schedule, controls on affordability low/moderate income split,
heating source, maximum rent and/or sales prices, affordability average,
bedroom distribution, and affirmative marketing.
A.
Office and duties of Zoning Officer.
(1)
The administration and enforcement of the land use
chapters is hereby conferred upon the Zoning Officer of the Township.
He and his duly appointed assistants shall have such powers as are
established by this chapter, or as may be reasonably implied. He shall
be appointed by the governing body and shall receive such compensation
as the governing body may from time to time determine.
(2)
Determination of compliance. The Zoning Officer and
his/her duly authorized assistants shall have the duty and power to
inspect or examine structures and uses in the Township and any plans
for structures and uses to determine their compliance with the provisions
of the land use chapters.
(3)
Violations found. Where the Zoning Officer or his/her
assistants determine that a structure, use or premises is in violation
of the provisions of these chapters, (s)he or they shall, in writing,
order the owner to remedy such conditions. Such written order shall
specify the nature of the violation found to exist, the remedy ordered
and the time permitted for such remedy, the penalties and remedies
which may be invoked by the Township and the violators' rights of
appeal, all as provided for by this chapter and the laws of the State
of New Jersey.
(4)
Records. The Zoning Officer shall maintain a permanent
record of all matters considered and all action taken by him/her.
Such records shall form a part of the records of his/her office and
shall be available for the use of the Township Committee and other
officials of the Township, county and state and for public inspection
by appointment.
(5)
Monthly report. The Zoning Officer shall prepare a
monthly report for the Township Committee. Such report shall cite
all actions taken by him/her, including all referrals made, permits
and certificates issued and denied, and all complaints of violations
received and all violations found by him/her, and the action taken
by him/her consequently thereon. A copy of this monthly report shall
also be transmitted by the Zoning Officer to the Tax Assessor and
Planning Board at the same time it is transmitted to the Township
Committee.
B.
Certificates and permits.
(1)
Prior to the construction, erection or alteration
of any structure or upon any change in the use of land, a building
or structure, the owner or his duly authorized agent shall secure
a zoning permit from the Zoning Officer. The Construction Code Official
shall not issue any building permit unless the applicant therefor
shall have first obtained a valid zoning permit. The issuance of a
zoning permit under the terms of this chapter shall in no way waive
or modify the requirements of other regulations of the Township governing
such matters as construction, health, sanitation and the like. Any
modification of the plans or other data upon which the Zoning Officer's
issuance of a zoning permit was based shall invalidate such zoning
permit, and the revised plans or data shall be resubmitted to the
Zoning Officer for a new zoning permit.
(a)
The fee for said zoning permit shall be $40
for residential uses and $60 for all other uses.
[Amended 1-27-2010 by Ord. No. 2010-02]
(2)
Certificate of occupancy.
(a)
A certificate of occupancy (CO) shall be obtained
from the Construction Code Official by the owner or his duly authorized
agent before any building or structure for which a building permit
has been issued is occupied or used. The Construction Code Official
shall secure the concurrence of the appropriate subcode officials
and the Zoning Officer before issuing a certificate of occupancy.
(b)
Upon serving of notice by the Zoning Officer
to the owner of any property in violation of any of the provisions
of this chapter with respect to any building or use thereof, or of
the use of land, the certificate of occupancy for such use shall be
deemed to be invalid, and the owner shall be subject to the penalties
hereinbefore prescribed. The effective date of such invalidation of
the certificate of occupancy shall be the 10th calendar day following
the date of the Zoning Officer's notice of violation. A new certificate
of occupancy shall be required for any further use of such land or
building or structure.
