[Adopted 6-7-1982 by Ord. No. 82-27 (Ch. 107, Art. III,
of the 1987 Code)]
The purpose of this article shall be to provide rules, regulations and standards, on applications for development pursuant to Articles I and II, for off-tract and off-site improvements necessary to ensure the reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development proposed and to provide that the developer be required to pay his pro rata share of the costs as a condition for approval of a subdivision or site plan as authorized by N.J.S.A. 40:55D-42.
As used in this article, the following terms shall have the
meanings indicated:
The application form, maps and other documents required by
this article for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for issuance
of a building permit.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land and who has standing
to make application to a municipal agency.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this article.
Any and all municipal improvements of property, no part of
the cost of which has been or is to be specially assessed on property,
including the property of developer, other than as provided for in
this article.
An improvement on property, part or all of the cost of which
has been or is to be specially assessed to property, including that
of the developer, as provided for in this article.
Refers to the Belvidere Planning Board.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any security which may be accepted by the Town in a form
and manner of execution acceptable to the Town Attorney and the content
of which is acceptable to the Attorney for the municipal agency, including
performance bonds, cash deposits (not to exceed 10% of the total performance
guaranty), escrow agreements and other similar collateral or surety
agreements, to guarantee the installation of required improvements
and in an amount sufficient, allowing for inflationary cost increases,
to enable the Town of Belvidere to complete the guaranteed improvements
in the event of the default of a developer.
A.
In addition to those improvements enumerated in the land use ordinances
(subdivision, site plan review and floodplain damage prevention) of
the Town of Belvidere,[1] the protection of the public interest may require the
installation of some or all of the same or similar improvements at
locations apart from the property to be subdivided or for which site
plan approval is sought, which shall be referred to as "off-tract"
or "off-site" improvements, as applicable. Said improvements shall
be installed in accordance with the regulations and design standards
as stated in the existing Belvidere land use ordinances, as applicable
to on-site and on-tract improvements.
B.
In the event that the municipal agency shall determine that the protection
of the public interest requires the installation of an off-tract improvement,
it shall refer the matter to the Town Council, which shall determine
whether said improvement shall be constructed by the Town as a general
or local improvement or shall be constructed by the developer.
C.
Off-site improvements shall be installed by the developer without
contribution from the Town as if they were on-site improvements, except
in those circumstances where the improvements to be installed have
no beneficial impact upon the on-tract property of the developer or
owner, in which case they shall be deemed to be off-tract improvements.
Off-site or off-tract improvements shall include installation
of new improvements and/or extensions and modifications of existing
improvements.
Prior to referral of the matter to the Town Council, the municipal
agency shall consider the total cost of the off-tract improvements,
the benefits conferred upon the applicant's proposed development,
population and land use projections for the general area in which
the proposed development is located and other areas to be served by
the off-tract improvements, the estimated timing of construction of
off-tract improvements and the condition and period of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
The municipal agency may further consider the criteria set forth below:
A.
Road, curb, gutter and sidewalk improvements may be based upon the
anticipated increase in pedestrian and vehicular traffic generated
by the proposed development via traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area and other
factors related to the needs created by the proposed development and
existing and planned uses in the area and the anticipated benefit
thereto.
B.
Drainage facilities may be based upon the proportion that the acreage
of the proposed development bears to the acreage of the entire drainage
basin, or, in areas where substantial development by other persons
has previously occurred along the natural and/or man-made drainage
courses, in the alternative, they may be based on the amount of or
density of present and future uses.
C.
Sewerage facilities may be based upon the proportion that the proposed
development's total anticipated volume of sewage effluent bears to
the existing or proposed capacity of existing and projected sewage
disposal and transmission facilities, including, but not limited to,
sewer mains and other appurtenances leading to and servicing the proposed
development. The municipal agency may also consider types of effluent
and particular problems requiring special equipment or added costs
of treatment and transmission.
D.
Water facilities may be based upon what proportion the proposed development's
total anticipated volume of water use bears to the existing or proposed
capacity of existing and projected water treatment and transmission
facilities, including, but not limited to, water mains and other appurtenances
leading to and servicing the proposed development.
A.
The Town Council shall make its determination and shall allocate
the cost of such improvements as follows:
(1)
In the event that the off-tract improvement shall benefit property
in addition to the property being developed and such improvement is
to be constructed by the Town as a general improvement, then the developer
shall be required to provide, as a condition for approval of his proposed
development, a bonded guaranty, a cash deposit or other security acceptable
as to form and execution by the Town Attorney and acceptable as to
content by the Attorney for the municipal agency, to ensure payment
to the Town of an amount equal to the difference between the total
estimated cost of the general improvement and the estimated total
amount by which all properties to be serviced thereby, including the
property of the developer being developed, will be specifically benefited
by the improvement.
(2)
In the event that the off-tract improvement will benefit property in addition to the property being developed and such improvement is to be constructed by the Town as a local improvement, then, in addition to the amount referred to in Subsection A(1) above, the bonded guaranty, cash deposit or other security shall also ensure payment to the Town of the estimated amount by which the property being developed will be specifically benefited by the improvement.
(3)
In the event that the off-tract improvement benefits only the property
being developed, then the developer shall be required, as a condition
for approval of his development application, to install and complete
said improvements as part of his development plan in accordance with
the requirements of those ordinances generally applicable to on-site
and on-tract improvements.
B.
The cost estimates hereinabove referred to shall be made by the municipal
agency with the aid of the Town Engineer and such other persons possessing
pertinent information or expertise as may be designated by the municipal
agency.
C.
Properties shall be deemed to be specifically benefited to the extent
that the installation of the off-tract improvements increases the
value of such properties for any lawful use to which they are or may
be put after deducting the amount that the owners of such properties
may reasonably be anticipated to expend to obtain the use of such
improvements.
D.
In the event that the developer's share of the cost of the off-tract improvement is to be calculated in accordance with either Subsection A(1) or (2) above and such improvement is to be constructed by the developer, then subsequent to the completion of the construction of such improvement, he shall be partially reimbursed for the cost of construction in accordance with the allocation of costs as set forth in Subsection A(1) and (2) above, as applicable. Such improvement shall be completed prior to the granting of final approval where the public health, safety or welfare requires, unless the developer shall have provided performance and maintenance guaranties in accordance with the requirements of the ordinances generally applicable to on-site or on-tract improvements.
E.
As nearly as may be practicable, the municipal agency shall endeavor
to allocate the developer's cost of off-site and/or off-tract improvements
at the time that preliminary approval is granted.
Any performance guaranty provided in accordance with the requirements
of this article shall be conditioned upon the completion of the required
improvements and the repair of any damage caused by the owner or developer
to any property, public or private, during the installation of said
improvements, and the inspection and acceptance of the same by the
Town Engineer. The release of the developer from a performance guaranty,
including the providing by the developer of a maintenance guaranty
upon completion of all improvements, shall be governed by the standards
set forth for other improvements contained in the Town ordinances.
Upon completion of the off-tract improvements and prior to acceptance
thereof, the municipal agency shall determine the actual cost of the
improvement. The developer shall be reimbursed for any amount paid
which shall be determined to be in excess of his appropriate share
of the cost of such improvements, and shall be charged for any amounts
less than the developer's appropriate share.
If the municipal agency considering the application for development
is the Zoning Board of Adjustment, said Board may request a report
from the Planning Board, which report, when received, shall be forwarded
to the Town Council as part of the Zoning Board of Adjustment's report
and recommendation to the Town Council for off-tract improvements.
Immediately upon adoption of this article, the Town Clerk shall
file a copy of this article with the County Planning Board as required
by law.
