Township of Riverside, NJ Guarantees and Off-Tract Improvements

Required improvements. As a condition for approval of a subdivision, site plan or conditional use, the applicant may be required to pay his/her pro rata share of the cost of providing reasonable and necessary street improvements or water, sewerage and drainage facility improvements, and any necessary easements therefore located outside the property limits of the subject premises, but indicated in the Township Master Plan and necessitated or required by the construction or improvements within such subdivision or development. Such improvements must be consistent with § 255-148, Stormwater management. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments:

(1)

Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby, as opposed to a mere incidental benefit, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire or improve lands outside the tract and dedicate such lands to the Township of Riverside or County of Burlington, or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire or improve such lands, on conditions it may deem appropriate under the circumstances.

(2)

General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future 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, together with the provisions or rules and regulations of the Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

(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 as follows:

[1]

The capacity and the design of the sanitary sewer system shall be based on the rules and regulations for the preparation and submission of plans for sewerage systems, New Jersey State Department of Environmental Protection and Township of Riverside sewer design standards, including infiltration 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 development drainage basin, no improvement or enlargement cost will be assigned to the developer although some charges, including, but not limited to, capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

Developer's cost = Development gpd

Total enlargement or improvement cost, Total tributary gpd

[b]

If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:

Developer's cost = Development tributary gpd

Total project cost, Total tributary gpd to new system

[3]

The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Planning Board's 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 as follows:

[1]

The applicant's engineer shall provide the Township Administrator, Board's Engineer or Board's Traffic Consultant with the existing and anticipated peak-hour volumes which impact the off-tract acres in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

[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:

Developer's cost = Additional peak-hour traffic generated by the development

Total cost of roadway improvement, Future total peak-hour traffic and/or extension

(c)

Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation 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 as follows:

[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 Watershed, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.

[2]

The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Board's Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system shall be calculated by the Board's Engineer. The prorated share for the proposed development shall be computed as follows:

Developer's cost = Development cfs

Total enlargement or improvement cost of drainage = Total tributary facilities cfs

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required, in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if the Township has taken legal steps to provide for the design and financing of such improvements.

Implementation of off-tract improvements.

(1)

In all cases, developers shall be required to enter into an agreement or agreements with the Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Riverside, County of Burlington and State of New Jersey, and any departments, authorities or agencies thereto.

(2)

Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection B, Escrow accounts, above, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

(3)

Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the Township as a general improvement, the cost of which is to be borne as a general expense.

(a)

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Joint Land Use Planning Board to estimate, with the aid of the it's professionals, or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the Township for such expense.

(4)

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements, in accordance with N.J.S.A. 40:56-1 et seq., the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the Township, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, for the difference between the cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement, as the same may be determined by the Board.

(5)

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standard in this chapter and any other rules, regulations or policies of the Township of Riverside, County of Burlington and State of New Jersey, and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the Township, or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

(6)

In determining the procedures to be followed in the event of the submission of a list and request from the Joint Land Use Planning Board, the Township Committee shall be guided by the following standards and considerations:

(a)

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development.

(b)

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed.

(c)

The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger regional or subregional facilities will be required in the future to serve the development tract and the general area of the Township in which the same is located.

(d)

The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.