A.
Nonrefundable application fees. Each applicant who files an application
before the Borough of Clayton Planning Board shall pay the applicable
application fee listed below for such application. The application
fee provided for herein shall be nonrefundable and is required for
purposes of offsetting the administrative and clerical costs of operating
the Planning Board and for costs which may be incurred by the Planning
Board in the normal processing of such applications (exclusive of
the legal, planning, engineering and other professional services deemed
necessary by the Planning Board).
B.
Creation of escrow accounts.
(1)
In addition to the nonrefundable application fees referred to above,
each applicant before the Planning Board shall establish and make
the required payments to an escrow account to be maintained by the
Borough for the purpose of providing sufficient moneys to pay the
costs of review by professionals engaged by the Planning Board.
(2)
Upon submitting an application for development to the Planning Board,
the applicant shall be required to deposit with the Secretary of the
Planning Board the sums hereinafter provided and execute an escrow
agreement requiring the applicant to pay all necessary and reasonable
costs incurred by the Borough for technical and professional review
by the approving authority. The escrow agreement shall be in a form
approved by the Borough Council. The amounts specified below to be
placed in escrow are estimates of professional fees only and should
not be considered as a minimum or maximum fee which may be required
of the applicant to compensate the Borough for legal, engineering,
traffic engineering, planning or other professional services. Said
fees must be paid prior to the Board certifying the application as
complete; provided, however, that payment of the fee in and of itself
shall not be deemed as making the application complete.
(a)
In the event that the amounts required to be posted by this
section are not sufficient to cover the professional charges incurred
by the Borough of Clayton for such application, then the applicant
shall pay the amount required which is over and above the funds previously
collected and shall not receive any approvals or other permits from
the Borough before such fees are paid in full.
(b)
In the event the amounts posted as fees shall be in excess of
the amount required for all professional review, the excess funds
shall be returned to the applicant within 30 days of the issuance
of a certificate of occupancy for the project which the application
fee covers.
(c)
The Board Secretary shall periodically advise the Board Chairperson
of the balance of all escrow accounts and whether additional funds
are required as provided for hereinafter. In the event additional
funds are required, the Board Chairperson or Secretary shall notify
the applicant of the amounts required as additional fees. In the event
the applicant refuses or fails to make the payments required within
10 days of demand, the Board Secretary shall notify the approving
authority. If the additional fees are not paid, the Planning Board
may deny the application before it, and no other permits or certificates
shall be issued by the Borough to the applicant for the applicable
project until payment is made in full. In the event additional fees
are required, the applicant shall pay such fees to the Borough in
accordance with the same agreement already entered into or under any
additional terms which may be agreed to by the applicant and the approving
authority.
(3)
Before issuing a zoning permit prior to construction or prior to
occupancy for any element of a project, the applicable code official
for the Borough of Clayton shall first determine from the Board Secretary
whether there are sufficient escrow funds to pay all pending or reasonably
anticipated bills attributable for professional review to the particular
project. The applicable code officer shall not issue the requested
construction permit or certificate of occupancy until the amounts
which are due or necessary to provide sufficient funds in escrow to
pay such pending or reasonably anticipated bills are paid in full
by the applicant.
C.
D.
Professional fees. The engineering, traffic engineering, legal and
planning escrows as set forth in the aforesaid provisions are minimum
amounts representing an estimate of the anticipated costs for such
services based on the hourly rates of the respective professional.
The hourly rates to be charged each applicant for the services of
such professionals shall be the same as those set forth in the contracts
between the Borough and said professionals. These fees may need to
be replenished as the application proceeds through the Board and until
completion of the project. This is the minimum escrow to be maintained
until project is deemed completed.
[Amended 12-9-2021 by Ord. No. 27-2021]
[Amended 5-10-2018 by Ord. No. 9-2018; 11-14-2019 by Ord. No. 21-2019]
A.
Required guarantees; surety. In accordance with N.J.S.A. 40:55D-53.4,
for the purpose of assuring the installation and maintenance of bondable
land development improvements, as a conditioned of all final site
plan, subdivision, and/or zoning permit approvals, the Board or Zoning
Officer, as appropriate, shall require, and the Borough Council shall
accept the following guarantees:
(1)
Performance guarantees.
(a)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation of only
those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, as
shown on the final map;, water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements. The performance
guarantee shall also cover the cost for privately owned perimeter
buffer landscaping in an approved phase or section of a development,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The cost of the improvements covered by the performance guarantee
shall be determined by the Borough Engineer.
(c)
The Borough Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(d)
An approved stormwater operations and maintenance (O&M) manual and deed restrictions in accordance with the requirements for major stormwater development, if applicable, in accordance with Art. XII. The O&M manual and deed restrictions shall have been recorded at the county Clerk's office prior to acceptance of any performance guarantee or release of plans for construction or plats for recording.
[Added 10-28-2021 by Ord. No. 17-2021]
(2)
Maintenance guarantee.
(a)
In accordance with N.J.S.A. 40:55D-53.4a(2), the developer shall
post with the municipality a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, in-flow and water
quality structures within the basins, and the out-flow pipes and structures
of the stormwater management system, if any, which cost shall be determined
by the Municipal Engineer. Additionally, in accordance with N.J.S.A.
40:55D-53.4a(2) a maintenance guarantee is required for any items
on the performance bond associated with improvements being dedicated
to the municipality if any, which cost shall be determined by the
Municipal Engineer.
(b)
The maintenance guarantee shall be furnished upon the inspection
and issuance of final approval of the applicable private site improvements
by the Municipal Engineer.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(3)
Temporary certificate of occupancy guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish
a temporary certificate of occupancy guarantee (TCOG) whenever the
developer seeks a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development. The TCOG shall be furnished
in favor of the municipality in an amount equal to 120% of the cost
of installation of any improvements which remain to be completed or
installed under the terms of the temporary certificate of occupancy;
are required to be completed or installed as a condition precedent
to the issuance of a permanent certification of occupancy; and are
not covered by an existing performance guarantee.
(b)
The scope and amount of the TCOG shall be determined by the
Municipal Engineer.
(c)
The TCOG shall be released upon the issuance of a permanent
certificate of occupancy as issued and determined by the Borough Engineer
and Construction Code Official.
(4)
Safety and stabilization guarantee.
(a)
Pursuant to NJSA 40:55D-53(1)(d), a developer shall furnish
a safety and stabilization guarantee (SSG) in favor of the municipality,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The amount of the SSG for a development with bonded improvements
in an amount not exceeding $100,000 shall be $5,000. The amount of
the SSG for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows:
[1]
$5,000 for the first $100,000 of bonded improvement costs, plus
2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000,
plus 1% of bonded improvement costs in excess of $1,000,000.
(c)
The municipality shall release a separate SSG to a developer
upon the developer's furnishing of a performance guarantee which includes
a line item for safety and stabilization in the amount required pursuant
to this chapter.
(d)
A SSG shall be available the municipality for the purpose of
returning property that has been disturbed to a safe and stable condition,
or taking other measures to protect the public from access to an unsafe
or unstable condition. An SSG shall only be available to the municipality
when:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. A municipality shall
not provide notice of its intent to claim payment under a SSG until
a period of at least 60 days has elapsed during which all work on
the development has ceased for reasons other than force majeure. A
municipality shall provide written notice to a developer by certified
mail or other form of delivery providing evidence of receipt.
(e)
The municipality shall release a SSG upon the Municipal Engineer's
determination that the development of the project site has reached
a point that the improvements installed are adequate to avoid any
potential threat to public safety.
B.
Other governmental agencies. In the event that other governmental
agencies or public utilities will automatically own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Borough for such utilities or improvements.
C.
Borough Solicitor review. The performance, maintenance, TCOG and
SSG guarantees must be reviewed by the Borough Solicitor to confirm
that they are issued satisfactory as to form, sufficiency, and execution
and they meet all statutory requirements. After review and approval
of the Borough Solicitor all guarantees must be posted in original
form with the Borough Clerk prior to the Planning Board Chair's and
Secretary's signature of any site plan, subdivision plat or minor
subdivision deed, and prior to issuance of any zoning, building or
other permit or certificate.
D.
Default; reductions and release. If the required improvements are
not completed or corrected in accordance with the performance guarantee,
the developer and surety, if any, shall be liable thereon to the municipality
for the reasonable cost of the improvements not completed or corrected
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such compilation or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Otherwise,
the guarantees will be subject to reduction and release as provided
in N.J.S.A. 40:55D-53.
E.
Request for list of uncompleted or unsatisfactory completed improvements.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of the same to the public system, the obligor may request
of the governing body in writing, by certified mail addressed in care
of the Municipal Clerk, that the Municipal Engineer and appended to
the performance guarantee pursuant to this section, a list of all
uncompleted or unsatisfactory completed improvements. If such a request
is made, the obligor shall send a copy of the request to the Municipal
Engineer. The request shall indicate which improvements have been
completed and which improvements remain uncompleted in the judgment
of the obligor. Thereupon the Municipal Engineer shall inspect all
bonded improvements covered by obligor's request that shall file a
detailed list and report, in writing, with the governing body, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request. The list prepared
by the Municipal Engineer shall state, in detail, with respect to
each bonded improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent or, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the Municipal Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this section.
F.
Action by governing body. The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution, of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the "safety and stabilization bond" relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to this section. This resolution shall be adopted not later 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee and "safety and stabilization bond," with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization bond," the amount of the performance guarantee and "safety and stabilization bond" attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization bond" to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
G.
Inspections and tests.
(1)
All improvements and utility installations shall be inspected during
the time of their installation under the supervision of the Borough
Engineer to ensure satisfactory completion. The cost of said inspection
shall be the responsibility of the applicant, and he or she shall
deposit with the Planning Board Secretary for placement in an escrow
account an amount not to exceed, except for extraordinary circumstances,
the greater of $500 or 5% of the amount of the performance guarantee
estimate of the cost of improvements pursuant to this chapter. The
obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements. For those developments for which the reasonably anticipated
fees are $10,000 or greater, the fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the anticipated fees. When the balance on deposit
drops to 10% of the anticipated fees because of payments to the Borough
Engineer for inspection, the developer shall make additional deposits
of 25% of the anticipated fees. The Borough Engineer shall not perform
any inspection if sufficient funds to pay for such inspection are
not on deposit.
(2)
In no case shall any paving work be done without permission from
the Borough Engineer's office. At least 48 hours' notice shall be
given to the Borough Engineer's office prior to any such construction
so that he or a qualified representative may be present at the time
the work is to be done.
(3)
The Borough Engineer's office shall be notified 48 hours in advance
of any work being done so that he or a qualified representative may
inspect the work.
(4)
Any improvement installed without notice for inspection pursuant to Subsection G(3) above shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed
during any material testing; and/or
(d)
The issuance of a stop-work order by the Borough Engineer pending
the resolution of any dispute.
(5)
A final inspection of all improvements and utilities will be done
by the Borough Engineer to determine whether the work is satisfactory
and in agreement with the approved final plan drawings and Borough
specifications. The general condition of the site shall also be considered.
Upon a satisfactory final inspection report, action will be taken
to release or declare in default the performance guarantee covering
such improvements and utilities.
(6)
Inspection by the Borough of the installation of improvements and
utilities by the applicant shall not subject the Borough to liability
for claims, suits or any other liability of any kind that may at any
time arise because of defects or negligence during construction or
at any time thereafter; it is recognized that the responsibility to
maintain safe conditions at all times during construction and to provide
proper utilities and improvements is upon the applicant and his contractors,
if any.
H.
Engineering inspection fees. The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth in Subsection H(1) and (2) of this subsection. The developer shall post the inspection fees in escrow in an amount:
(1)
Not to exceed 5% of the cost of bonded improvements that are subject to a performance guarantee under § 88-85A; and
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 88-85A, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(3)
Installments. For those developments for which the inspection fees
total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited in escrow
by a developer shall be 50% of the inspection fees. When the balance
on deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspections, the developer shall deposit
the remaining 50% of the inspection fees. For those developments for
which the inspection fees total $10,000 or greater, fees may, at the
option of the developer shall be 25% of the inspection fees. When
the balance on deposit drops to 10% of the inspection fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
make additional deposits of 25% of the inspection fees.
(4)
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsections H(1) and (2) of this subsection, is insufficient to cover the cost of additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimate the time required for those inspections, and estimates the cost of performing those inspections.
I.
Applicability of amendments not codified in this section. Any and
all amendments made to N.J.S.A. 40:55D-53 et al. that have not been
codified in this section shall be deemed incorporated herein.
J.
Applicability to existing projects. The modifications in this section
shall be applicable to all projects that have not yet received final
approvals from the Borough Planning Board or the Borough Zoning Board
of Adjustment and/or which have not posted bonds and begun construction
of required improvements as of January 16, 2018, the date of enactment
of P.L. 2017, c.312, which obviated the Borough's previously lawful
ordinances.
[Added 10-27-2005 by Ord.
No. 18-2005[1]]
A.
Purpose. As a condition of subdivision or site plan approval, and
in accordance with N.J.S.A. 40:55D-42, the Planning Board (the "Board")
shall require a developer/applicant to pay its pro rata share of the
cost of providing reasonable and necessary improvements to the Borough's
water, streets/street signalization, drainage, and sewer facilities,
including land and easements, that are located off tract of the proposed
subdivision or development but which are necessitated or required
as a direct result of the impact that the subdivision or development
will have upon the Borough. All such off-tract water, streets/street
signalization, drainage and sewer improvements shall be in conformance
with the circulation and comprehensive utility service plans of the
Borough's Master Plan. Such improvements are those that are clearly,
directly and/or substantially related to the subdivision or development
under review, as further determined based on the provisions, calculations
and methodologies being further set forth herein.
B.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no property owners receive
a special benefit thereby, or where neither the Borough nor any other
government entity has either planned, programmed, or accepted responsibility
for any portion of the cost of the improvements, the developer/applicant
shall be responsible, at the developer/applicant's sole expense and
as a condition of approval, to either provide for and install such
improvements, upon proper review and approval by the Borough of all
such plans related to the same, or to provide for the necessary funding
so that the Borough can make such improvements directly.
(2)
Proportionate allocation. When it is determined that properties outside
the development will also be benefited by the off-tract improvements,
or where either the Borough or other governmental agency or entity
has planned or programmed or accepted responsibility for any portion
of the cost of the improvement, the criteria set forth herein shall
be utilized in calculating and determining the proportionate share
of the cost of such improvements to the developer/applicant. A proportionate
allocation shall not be made, however, and a developer/applicant shall
be responsible for assuming all costs for improvements where there
is a need to upgrade an existing facility or improvement due to its
insufficient capacity, or other inadequacies, to service the needs
of the developer/applicant's proposed development, but the existing
facility or improvement is adequate to service the needs of the present
users. Where a developer is required to "front end" an off-tract improvement
(such as the extension of a sewer line to the proposed development),
and future developers benefit from the same, then the original developer
who made the improvement shall be entitled to a pro rata reimbursement
from any subsequent developers who have directly benefited from the
improvement, if said subsequent benefit accrues within 10 years from
the date of the original improvement. In any such event, the following
procedure shall take place:
(a)
The original developer shall certify the actual costs of the
off-tract improvements, based on construction invoices, which shall
then be verified by the Borough's Engineer.
(b)
The Borough Engineer shall then calculate the subsequent developer's
pro rata contribution by dividing the use of the improvement by the
subsequent developer by the use of the improvement made by all developments
benefiting from the improvement, based on road capacity, daily sewage
flow, daily water flow, etc.
(c)
The Borough shall then condition the issuance of the first building
permit in the subsequent developer's development upon payment in full
of the pro rata reimbursement to the original developer. Said reimbursement
shall be payable to the Borough directly, which shall then reimburse
the original developer, subject to payment of any liens, offsets or
other funds due to the Borough by the original developer.
(3)
Alternate methods. Nothing herein shall be construed as to prevent
the Board and the developer/applicant from agreeing to use an alternate
method to allocate costs, or to use an alternate method to make the
payments for pro rata reimbursements, then that which is set forth
herein, given the unique and distinguishable characteristics of each
application for development, as long as such alternate method is based
on fair and reasonable standards, and the reason for adopting such
alternate method is clearly set forth and agreed to by both the Board
and the developer/applicant.
C.
Off-tract water improvements. The developer/applicant's share of
water distribution, supply, treatment, and storage facilities, including
the installation, relocation or replacement of water mains, hydrants,
valves, and appurtenances associated therewith, shall be computed
as follows:
(1)
The capacity and design of the water supply system shall be based
on standards computed by the developer's engineer and approved by
the Planning Board's and/or the Borough's Engineer.
(2)
The Planning Board and/or Borough Engineer shall provide the developer/applicant
with the existing and reasonably anticipated peak-hour flows as well
as capacity limits for the affected water system in terms of average
demand, peak demand and fire demand.
(3)
If the required system does not exist, or the existing system does
not have adequate capacity to accommodate the developer/applicant's
flow given existing and reasonably anticipated peak hour and fire
flows, the pro rata share shall be computed to the larger of:
(a)
The partial cost of a shared improvement where none now exists:
|
Total cost of improvement
Developer/applicant's cost
|
=
|
Capacity of improvement [gallons per day (GPD)]
Development-generated design flow to be accommodated by the
improvement (GPD)
|
(b)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically feasible;
or
(c)
The full cost to upgrade an existing facility or improvements
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of the present users.
D.
Off-tract roadway/signalization improvements.
(1)
Roadways/signalization. The developer/applicant's proportionate share
of street improvements, alignments, channelization, 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 shall be as follows:
(a)
Traffic study. A traffic impact study ("study") shall be provided
by the developer/applicant as set forth in the Board's application
submission requirements. The study shall address the various traffic-generating
characteristics of uses in the proposed development and the interface
of traffic from uses associated with the proposed development and
existing uses in the area, to assure that there will not be a degradation
in the level of service in the area and that there will not be any
traffic hazards created in the area by traffic generated as a direct
result of the development.
(b)
Level of service. The developer/applicant must demonstrate that
the existing public traffic arteries have adequate capacities to accommodate
the traffic to be generated by the proposed project at an acceptable
level of service of D or better and that safe, convenient and adequate
circulation and parking are provided for on site of the proposed development.
(c)
Traffic volumes. The developer/applicant must provide, as a
part of its submitted study, existing twenty-four-hour traffic counts
for a minimum of three different days, excluding Sundays and holidays,
summarized by hour and by direction, and peak-hours trips by movement
on all critical off-tract arterial roadways and intersections affected
by the proposed development. Traffic volumes utilized in the study
shall be taken within 12 months preceding the date that the application
is filed with the Borough's Planning Board and be taken between the
period of September 1 through June 15, excluding those days wherein
inclement weather would make such counts not typical. If there is
a seasonal peak, the study shall take the same into account and make
appropriate comments.
(d)
Future background traffic volume. Future traffic volumes shall
be calculated by multiplying the peak hour traffic volumes utilizing
the current New Jersey Department of Transportation (NJDOT) growth
factors. These factored traffic volumes will be surcharged with traffic
volumes expected to be generated by implementing development in the
area, based on development projects presently approved by, or pending
before, the Borough's Planning Board and known projects presently
approved by or pending before the planning boards of immediately adjacent
municipalities which will clearly have an impact on local traffic.
(e)
Traffic generation. Traffic expected to be generated by the
proposed development shall be calculated by utilizing the latest copy
of the Institute of Transportation Engineers (ITE) text: Trip Generation.
The values developed by using the Trip Generation method shall be
verified by typical counts when requested by the Borough to verify
results. If the Borough requires trip generation data because the
Trip Generation methodology is not accurate due to local conditions
or an inadequate database in the Trip Generation text, the traffic
data counts required to verify Trip Generation data shall be in the
ITE format. Traffic generation shall include the amount of traffic
to be generated for the projected twenty-four-hour period and during
the peak-hour trip generation by the proposed project.
(f)
Future build traffic volumes. Future background traffic volumes
shall be surcharged by adding the traffic volumes that are to be generated
by the proposed development to future background traffic volumes.
(g)
Traffic analysis.
[1]
Capacity analysis. Roadways and intersections shall be analyzed
using a capacity analysis. The capacity analysis will utilize the
latest approved highway capacity programs. Traffic shall be analyzed
for the existing traffic conditions, future traffic conditions, and
future build traffic conditions. Traffic analysis shall optimize traffic
signals so that the existing traffic conditions show traffic conditions
as they exist and with the optimization of traffic signal timing.
The future background traffic conditions shall require the optimization
of the traffic on the roadways. Future traffic shall be added and
the traffic signal timings shall be optimized for a final product.
[2]
Accident analysis. Accident data of critical intersections and
roadways shall be analyzed.
[3]
Speed and delay analysis. Speed and delay analysis of critical
roadways shall be provided.
[4]
Gap analysis. Gap studies of critical intersections shall be
provided.
[5]
Safety analysis. Analysis shall be made of all entrances and
exits to determine if left-turn lanes are warranted in accordance
with Highway Research Record 211. In addition, deceleration and acceleration
lanes shall be analyzed to determine if they are needed.
(2)
Off-tract contributions.
(a)
The developer/applicant's traffic consultant shall provide a
trip distribution that will distribute traffic to the surrounding
roadway system. All intersections that have over 25 p.m. peak-hour
trips shall be tabulated and listed with the amount of traffic from
the proposed development and the total build traffic at that location.
The developer/applicant's engineer shall show the percent of the p.m.
traffic that the applicant's traffic will be of the future build traffic
at each intersection by approach. If improvements are required on
one approach of an intersection only, as a result of a significant
impact from the development, defined as an approach where the majority
of traffic on the approach (further defined as over 50% of the total
traffic build) caused the need for the proposed improvement on that
approach to maintain an adequate level of service, the developer/applicant's
pro rata share of the intersection improvements shall be calculated
as set forth below.
(b)
If the required improvements to accommodate the proposed development
do not exist, or the existing system does not have adequate capacity
to accommodate the anticipated volumes as set forth in the study,
the pro rata share shall be the larger of:
[1]
The partial cost of a shared improvement where none exists:
|
Total cost of improvement
Developer/ applicant's cost
|
=
|
Capacity of improvement (peak hour volume)
Developer traffic to be accommodated by the enlargement or improvement
(peak-hour volume)
|
[2]
The total cost of an improvement designed to accommodate only
the development traffic volume if such an alternative is technically
possible; or
[3]
The full cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of present users.
E.
Off-tract drainage improvements. The applicant's proportionate share
of stormwater and drainage improvements, including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, riprap, detention or retention basins, improved
drainage ditches and appurtenances thereto, and relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
shall be determined as follows:
(1)
The capacity and the design of the drainage to accommodate stormwater runoff shall be based on standards set forth in Article V of this chapter, computed by the developer/applicant's engineer and approved by the Borough Planning Board's and/or the Borough's Engineer.
(2)
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer/applicant's
tributary to the drainage system shall be determined by the developer/applicant's
engineer, subject to the approval of the Board's and/or Borough's
Engineer. The plans for the improved system may be prepared by the
developer/applicant's engineer, or the Board's or Borough's Engineer,
at the developer/applicant's expense, and the estimated cost of the
enlarged system shall be calculated by the Board's and/or Borough's
Engineer.
(3)
If the required improvements do not exist, or if the existing system
does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro rata share shall be the larger of:
(a)
The partial cost of a share improvement where none now exists:
|
Total cost of improvement
Developer/ applicant's cost
|
=
|
Capacity of improvement (cfs - peak 25-year storm)
Development-generated peak by the enlargement or improvement
(cfs - peak 25-year storm)
|
(b)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible;
or
(c)
The full cost to update an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of the present users:
F.
Off-tract sewer improvements.
(1)
The capacity and design of sanitary sewer systems shall be based
on Rules and Regulations for the Preparation and Submission for Sewerage
Systems, New Jersey Department of Environmental Protection, as well
as any and all other design and specifications standards as may be
set forth by the Borough of Clayton and/or its professionals responsible
for approval and oversight of such systems.
(2)
The developer/applicant shall be responsible for the entire cost
of any off-tract improvements for sanitary sewer systems, including
distribution facilities, the installation, relocation or replacement
of collector, trunk and interceptor sewers, and the installation,
relocation or replacement of other appurtenances associated therewith,
that are necessary as a direct result of the proposed development.
This shall apply both to the need for any new systems, facilities,
appurtenances, etc., as well as the cost to upgrade an existing facility
or improvement where said facility or improvement has either insufficient
capacity or is otherwise inadequate to service the ends of the developer/applicant's
proposed development, but is adequate to service the needs of the
present users.
(3)
In the event that a new system and/or facilities or appurtenances
associated therewith is/are necessary where none now exist, but said
new system and/or facilities or appurtenances associated therewith
will be shared with other users who do not now benefit from the same,
the developer/applicant's partial cost of said shared improvement
shall be as follows:
|
Total cost of improvement
Developer/ applicant's cost
|
=
|
Capacity of improvement [gallons per day (GPD)]
Developer/applicant-generated flow to be accommodated by the
improvement (GPD)
|
[1]
Editor's Note: This ordinance also repealed former § 86,
Off-tract improvements.
