Township of Mansfield, NJ Off-Tract Improvements

Every developer, as a condition for approval of a subdivision or site plan, shall pay his pro rata share of the cost of providing street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. All payments provided for by this section shall be made, pursuant to the regulations set forth herein.

§ 360-34 Determination of contributions.

Contributions shall be made for each improvement. The amount thereof shall be determined as follows:

Contribution equals pro rata share multiplied by estimated cost of facility.

The pro rata share and the estimated cost of the facility shall be as determined hereafter for each of the sanitary sewerage, storm drainage and street improvements.

The contribution shall be determined at the time of preliminary plat or preliminary site plan approval, as the case may be.

All estimates of the cost of the facility, as required herein, shall be reviewed and updated as necessary at the same time as the Master Plan updates are required by the Municipal Land Use law.

§ 360-35 Sanitary sewerage.

Contributions for off-site sanitary sewerage shall be for both the transportation of sewage and for the treatment thereof.

The pro rata share shall be determined as follows:

	Pro Rata Share	=	Flow From Development
			Capacity of Off-Tract Facility

These parameters shall be quantified as follows:

(1)

Flow from development, in gallons per day, shall be equal to the flow determined in the engineer's report made part of the New Jersey Department of Environmental Protection's sanitary sewer construction permit.

(2)

Capacity of off-tract facility, in gallons per day, shall be equal to the flow determined in the engineer's report made part of the New Jersey Department of Environmental Protection's sanitary sewer construction permit, or, if the facility is part of a proposed facility, it shall be the capacity of the facility stated in the comprehensive utility plan segment of the Master Plan.

The estimated cost of the facility, in dollars, shall be as determined by the Township Engineer at the time of the first contribution for the improvement thereof. The Township Engineer shall prepare a detailed cost estimate thereof and shall file copies in the Township Clerk's office. The estimate shall include the current value of the United States Environmental Protection Administration construction cost index for sewer construction or sewage treatment plant construction, as the case may be, or, if such is unavailable, the current value of the Engineering News Record construction cost index. This shall be the base cost index. Contributions by other developers at a later date shall then be based on the original cost estimate, which shall be adjusted by the ratio of the latest cost index to the base cost index at the time of preparation of the estimate. For the purposes of cost index adjustments, pumping stations and appurtenances shall be considered as treatment plants, and force mains therefor shall be considered as sewers.

§ 360-36 Storm drainage.

Contributions for off-tract storm drainage shall be for stormwater pipes, culverts, channels and detention basins.

The pro rata share shall be determined as follows:

	Pro Rata Share	=	Developed Runoff
			Capacity of Facility

The parameters shall be quantified as follows:

(1)

All calculations shall be based on methods defined in Article V of Chapter 362, Subdivision and Site Plan Review, of this Code.

(2)

Developed runoff, in cubic feet per second, shall be the peak runoff from the tract for a one-hundred-year storm subsequent to development.

(3)

Existing runoff, in cubic feet per second, shall be the peak runoff from the tract for a one-hundred-year storm prior to development.

(4)

Capacity of the facility shall be from the utility plan segment of the Master Plan, except that in the case of a contribution for an off-tract detention pond, it shall be the peak rate of stored inflow of the detention basin required at the point of discharge into the outfall channel.

§ 360-37 Street improvements.

Contributions for off-tract street improvements shall be for improvements required by the traffic generated from the development.

The pro rata share shall be determined as follows:

	Pro Rata Share	=	Traffic Demand
			Capacity of Proposed Facility

The parameters shall be quantified as follows:

(1)

Traffic demand shall be the total daily traffic generated by the facility as required to be submitted by the provisions of Chapter 362, Subdivision and Site Plan Review, with truck and bus generations adjusted to passenger equivalents by methods stated in the Highway Capacity Manual.

(2)

Capacity of the proposed facility shall be the level of Service C capacity, which shall be considered as follows:

	Street Classification	Vehicles (per day)
	Major collectors, four-lane	10,000
	Minor collectors, two-lane	6,000
	Local streets	800

Estimated cost of the facility, in dollars, shall be as determined by the Township Engineer at the time of the first contribution for the improvement thereof. The Township Engineer shall prepare a detailed cost estimate thereof and shall file copies in the Township Clerk's office. The estimate shall include the current value of the Engineering News Record construction cost index. This shall be the base cost index. Contribution by other developers at a later date shall then be based on the original cost estimate, which shall be adjusted by the ratio of the latest cost index to the base cost index at the time of preparation of the estimate.

§ 360-38 Construction of improvements.

If a developer constructs off-tract improvements as part of a development, he shall be entitled to reimbursement of the cost of the improvement, less the cost of such developer's pro rota share. In no event shall a developer receive as reimbursement an amount in excess of the total of all amounts heretofore contributed pursuant to this chapter for a specific off-tract improvement.

If the improvement is undertaken by the Township, it shall withdraw from the improvement fund the amount necessary to construct the facility; provided that it may do so at the beginning of the fiscal year in which the improvement is scheduled to be made, and provided further that the Township shall not exceed the amounts for the specific improvement set aside in the fund.

Nothing in this chapter shall be construed to require the Township to construct any improvement within any specified time. In the event that a decision is made by the Township Committee not to construct an improvement for which funds have been contributed, the developer shall be entitled to the return of its contribution.

§ 360-39 Off-tract improvement fund.

There shall be established by the Township Treasurer an interest-bearing trust fund entitled "Off-Tract Improvement Fund," into which contributions as assessed above shall be deposited and from which construction costs, as defined above, shall be withdrawn.

The Treasurer shall maintain separate accounts for each specific improvement to which a contribution has been made and shall record by whom and in what amount each contribution was made for each improvement.

The Treasurer shall apportion interest earned on the account to each fund as its balance relates to the total balance.

If a balance remains subsequent to the completion of an improvement, any developer who has contributed to the fund for that specific improvement shall be entitled, provided that a petition is made within one year, to have refunded an amount equal to such developer's pro rata share of the remaining portion of the original contribution. Any moneys remaining which have not been refunded shall be reappointed to the remaining accounts. If there are no remaining accounts, any such moneys remaining shall be transferred to the Township capital improvement fund.