Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 12-4-1989 by Ord. No. 528-89. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 74.
Sewers and sewage disposal — See Ch. 156.
Soil erosion and sediment control — See Ch. 162.
Streets and sidewalks — See Ch. 168.
Subdivision of land — See Ch. 170.
Zoning — See Ch. 190.

§ 134-1 Definitions.

All definitions contained in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in Chapter 170, Subdivision of Land, and Chapter 190, Zoning, of this Code shall apply to the provisions of this chapter, unless a contrary meaning is clearly indicated or otherwise required.

§ 134-2 Improvements required.

A. 
Developers may be required, as a condition for approval of a subdivision or site plan, to provide for the payment of their pro rata share of the cost of providing such reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located without the property limits of said development, if the need or desirability for such improvements is determined by the Joint Land Use Board or the Borough Engineer during the review and approval process as set forth in Chapter 170, Subdivision of Land, and Chapter 190, Zoning, respectively.
B. 
In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and otherwise provided by law.

§ 134-3 Determination of developer's share of other improvements.

In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvement:
A. 
Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed from the formula in Subsection A(2).
(1) 
The capacity and design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission for Sewerage Systems, New Jersey Department of Environmental Protection, and all Milford Borough sewer design standards, including infiltration standards, and all other Borough stormwater drain standards.
(2) 
Developer's pro rata share.
(a) 
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement cost or improvement cost
Developer's cost
=
Total tributary gpd
Developer's gpd
(b) 
If it is necessary to construct a new system in order to develop the subdivision, the prorated enlargement share to the developer shall be computed as follows:
Total project cost
Developer's cost
=
Total tributary gpd to new system
Development tributary gpd
(c) 
All cost estimates and the plans for the improved system or extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Borough Engineer.
B. 
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements, the applicant's proportionate cost shall be determined by Subsection B(2).
(1) 
The applicant's engineer shall provide for the Borough Engineer the existing and anticipated peak-hour flows for the off-tract improvement.
(2) 
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement
and/or extension
Developer's cost
=
 
Future peak-hour traffic
Future peak-hour traffic
generated by the development
(3) 
All cost estimates and the plans for the improvements shall be prepared by the applicant's engineer and approved by the Borough Engineer.
C. 
Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined by Subsection C(2).
(1) 
The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watersheds Technical Release 55, Soil Conservation Service, United States Department of Agriculture, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Borough Engineer.
(2) 
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval by the Borough Engineer. All cost estimates and the plans for the improved system shall be prepared by the developer's engineer and approved by the Borough Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement or improvement
cost of drainage facilities
Developer's cost
=
 
Total tributary cfs
Development cfs

§ 134-4 Pro rata share.

The pro rata share of the cost of any improvement to be borne by a developer shall be determined by the Joint Land Use Board or other approving authority based upon the estimates of such consultants as the developer may provide and the estimates of the Borough Engineer. In the event that a developer shall fail to provide the Joint Land Use Board or other approving authority with the estimates and other information reasonably required to apportion costs, the Joint Land Use Board or other approving authority may rely upon the estimates of the Borough Engineer in making such apportionments.

§ 134-5 Escrow accounts.

When it is determined that the proposed off-tract improvement is to be made or undertaken at some future date, the moneys required to be posted by the developer for such improvement shall be deposited into an interest-bearing account in the name of the Borough of Milford until such time as the improvement is constructed or otherwise undertaken. If such improvement is not commenced within 10 years of the date of deposit, the developer may request the return of all such moneys paid, together with all accrued interest. If the improvement is commenced within the period herein set forth, all accrued interest shall become the property of the Borough of Milford.

§ 134-6 Statutory authority; administration.

This chapter is adopted pursuant to N.J.S.A. 40:55D-42 and shall be construed pursuant to the provisions thereof. This chapter shall be administered by the Milford Borough Joint Land Use Board unless some other agency shall be expressly designated to administer the same.