[Added 8-23-89 by Ord. No. 0-34-89; amended 6-28-11 by Ord. No. O-2011-016]
This article is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
As a condition of final subdivision or site plan approval, the
Planning Board may require an applicant for development ("Developer")
to pay its pro rata share of the cost of providing reasonable and
necessary circulation improvements, and water, sewerage, and drainage
facilities, including land and easements, located off-tract of the
property limits of the subdivision or development, but necessitated
or required by the development. "Reasonable and necessary" improvements
are those which bear a rational nexus to the needs created by, and
benefits conferred upon, clearly, directly, and substantially related
to the development in question. The Planning Board shall provide in
its resolution of approval the basis of the required improvements.
The capacity and design of proposed improvements shall be based upon
the circulation plan element and utility service plan element of the
adopted master plan. The proportionate or pro rata amount of the cost
of such facilities within a related or common area shall be based
on the following criteria.
A.
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owner(s)
receive(s) a special benefit thereby, the Developer may be required
at his sole expense and as a condition of approval, to provide and
install such improvements.
B.
Proportionate allocation.
(1)
Where it is determined that properties outside the development
will also be benefitted by the off-tract improvement, the following
criteria shall be utilized in determining the proportionate share
of the cost of such improvements to the Developer.
(2)
Allocation formula.
(a)
Sanitary sewers. The Developer's proportionate share of distribution
facilities including the installation, relocation or replacement of
collector, trunk and interceptor sewers, and appurtenances associated
therewith, including pump stations, shall be computed as follows:
1.
The capacity and the design of the sanitary sewerage system shall
be based on the standards of the New Jersey Department of Environmental
Protection.
2.
The Township Engineer shall provide the applicant with the existing
and reasonably anticipated peak hour flows as well as capacity limits
of the affected sewerage system;
3.
If the existing system does not have adequate capacity to accommodate
the Developer's flow given existing and reasonably anticipated peak
hour flows, the pro rata share shall be computed as follows:
|
Total cost of enlargement or improvement cost
Developer's cost
|
=
|
Capacity of enlargement or improvement
(gallons per day -- (gpd)
Development-generated gallons per day to be accommodated by
the enlargement or improvement
|
(b)
Water supply. The Developer's proportionate share of water distribution
facilities including the installation, relocation or replacement of
water mains, hydrants, valves, storage and supply and appurtenances
associated therewith including pump stations shall be computed as
follows:
1.
The capacity and the design of the water system shall be based on
the standards of the New Jersey Department of Environmental Protection.
2.
The Township Engineer shall provide the applicant with the existing
and reasonably anticipated capacity limits of the affected water supply
system in terms of average demand, peak demand, and fire demand;
3.
If the existing system does not have adequate capacity as defined
above to accommodate the Developer's needs, the pro rata share shall
be computed as follows:
|
Total cost of enlargement or improvement
Developer's cost
|
=
|
Capacity of enlargement or improvement
(gallons per day -- gpd)
Development-generated gallons per day to be accommodated by
the enlargement or improvement
|
(c)
Roadways. The Developer's proportionate share of street improvements,
alignment, 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:
1.
The Developer's engineer shall provide the township with a traffic
study depicting existing and reasonably anticipated future peak hour
flows for the off-tract improvement; said study being subject to the
approval of the Township Engineer.
2.
The Township Engineer shall furnish a plan for the proposed off-tract
improvement which shall include the estimated peak hour traffic generated
by the proposed development and the proportion thereof which is to
be accommodated by the proposed off-tract improvement. The ratio of
the peak hour traffic generated by the proposed development which
is to be accommodated by the off-tract improvement to the future additional
peak hour traffic anticipated to impact the proposed off-tract improvement
shall form the basis of the proportionate share. The proportionate
share shall be computed as follows:
|
Total cost of enlargement or improvement
Developer's cost
|
=
|
Capacity of enlargement or improvement
(peak hour traffic)
Development peak hour traffic to be accommodated by the enlargement
or improvement
|
(d)
Drainage improvements. The Developer's proportionate share of
storm water and drainage improvements including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, rip-rap, 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 system to accommodate
storm water runoff shall be based on recognized engineering standards
and as specified by Municipal Ordinance 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 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 Township Engineer. The plans for the improved
system shall be prepared by the applicant's engineer and the estimated
cost of the enlarged system calculated by the Township Engineer. All
plans are subject to approval by the Township Engineer. The prorated
share for the proposed improvement shall be computed as follows:
|
Total cost of enlargement or improvement
Developer's cost
|
=
|
Capacity of enlargement or improvement (total capacity
expressed in cubic feet per second)
Development-generated peak rate or runoff expressed in cubic
feet per second
|
The Planning Board shall determine as part of its approval process
whether the off-site improvement is to be constructed by the township
or the Developer. The Planning Board shall not render such determination
until it receives the decision of the Township Governing Body as to
whether it will undertake construction of the improvement in issue.
The Planning Board shall determine as part of its approval process,
with assistance from the Township Consulting Engineer, as to whether
the Developer's proportionate payment for the off-tract improvement
shall be a cash deposit to the township, or by another form of bond
or guarantee. In the event the payment is in the form of a bond or
other type guarantee, same must be in form acceptable to the Township
Solicitor.
Where the proposed off-tract improvement is to be undertaken
by the township, the monies required for the improvements shall be
deposited in a specially designated interest-bearing account established
by the Treasurer of the township. The Treasurer shall maintain a record
indicating by whom and in what amount each contribution has been made
for said off-tract improvement. The Treasurer shall apportion interest
on the account to each specific contribution as its balance relates
to the total balance. All construction costs related to the off-tract
improvement shall be paid by the Treasurer from this account. In the
event any balance remains subsequent to the completion of the improvement,
any Developer who has contributed to the account for that specific
improvement shall be entitled to a pro rata refund, provided that
a written petition is made to the township for such refund within
one year of completion of the off-tract improvement. Any monies remaining
following said one year time period which have not been refunded shall
be applied in general to the township's capital improvement budget
account. If the off-tract improvement is not commenced within fifteen
(15) years of deposit, all monies and interest earned shall be returned
to the applicant.
The Planning Board may, as a condition of any approval, require
the applicant to install a public improvement of greater size or capacity
than required to service the applicant's project. Such approval shall
provide that the applicant is entitled to reimbursement to a maximum
amount equal to the difference between the amount of such cost and
expense paid by the Developer and the Developer's pro rata share of
the cost of such improvement. In such a case, the township shall determine
all property specially benefitted by the improvement and of the value
of the special benefit to each such property in accordance with the
provision set forth hereinabove. The township shall then assess all
properties, other than the property of the Developer, specially benefitting
from installation of any off-tract improvement in a manner similar
to that for local improvements. Principal amounts received by the
township from such assessments, together with interest from property
owners who have elected to pay for said assessments over a period
of years, shall be credited to the real estate account of the Developer's
property. In the case where there has been an apportionment of cost
against the township for the required off-tract improvement then the
township shall pay its portion of costs to the Developer not more
than four (4) months after the completed improvements have been approved
by the Township Engineer. In the event of any default in payment of
an assessment levied by the township as set forth hereinabove, then
the township shall exercise its remedies as elsewhere provided; and,
if thereafter the balance of principle and interest due upon the subject
assessment has not been fully satisfied by payment to the township
and credit thereof given to the real estate account of the Developer's
property, then the township shall forthwith pay said balance remaining
due to the Developer, or his successor in interest.
[Amended 7-25-90 by Ord. No. 0-13-90]
The Developer shall enter into an Off-Tract Improvement Agreement
with the township setting forth the terms and conditions for construction
of the off-tract improvements required to service the applicant's
project as further set forth in the Preliminary Approval Resolution
of the Township Planning Board. Final approval shall not issue to
the Developer until such time as the Off-Tract Improvement Agreement
has been executed by the Developer and the township.
