[Added 1-8-2004 by Ord. No. 1305]
A.
A utility impact statement including impacts on stormwater,
sewerage, water, electricity, gas, and solid waste disposal shall
be required for all site plan, subdivision, or any other development
approvals for the following uses:
B.
A developmental impact statement including impacts
on public services, including police, fire protection, schools, libraries,
hospitals, and ambulance service, shall be required for all site plan,
subdivision, or any other development approvals for the following
uses:
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-42, a contribution for off-tract water, sewer, drainage
and street improvements may be included in an ordinance which requires
approval of site plan or subdivisions by the Planning Board/Zoning
Board of Adjustment ("the Board").
A.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and
40:55D-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria:
(1)
Improvements to be constructed at the sole expense
of the applicant. In cases when reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of subdivision approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on-tract improvements, in the manner provided hereafter
and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract
improvements.
(a)
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
the Board determines that properties outside the development will
also be benefited by the improvements, such determination shall be
made by the Board in writing. Said resolution or determination of
the Board shall specify the off-tract improvements which are necessary
and the terms and conditions which shall be imposed upon the applicant.
In its deliberation as to whether off-tract improvements are required,
the Board shall be guided by the rules and regulations specified in
the Zoning Ordinance of the Township of Saddle Brook, this article
and the Township Master Plan. The Board may also be guided by its
Counsel and Engineer, and the Township's Counsel and Engineer, any
consultant and other qualified experts and municipal officials relative
to the subject matter.
(b)
In the event that the Board determines that
one or more improvements constitute an off-tract improvement, the
Board shall notify the Township Council of same, specifying the Board's
recommendation relative to the estimated cost of same, the applicant's
prorated share of the cost and possible methods or means to implement
same, including but not limited to performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
(c)
The Board shall not grant final approval on
the subdivision until all aspects of such conditions have been mutually
agreed upon by both the applicant and the Council of the Township
of Saddle Brook and a written resolution to that effect by the Council
has been transmitted to the Board.
(3)
Methods of implementation.
(a)
Performance and maintenance guaranties. Where
a performance or maintenance guaranty or other surety is required
in connection with an off-tract improvement, the applicant shall be
required to follow the same procedures and requirements as specified
in this article, or the Township Code, for other improvements.
(b)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as
may be required by this article or by the Board, said agreement shall
be approved as to form, sufficiency, and execution by the Board Attorney
and Township Attorney. Said agreement shall specify the amount of
cash contributions (as determined by the Board; its Engineer, or Township
Engineer) for the necessitated improvements, the method of payment
of same, and obligation or obligations to be undertaken by the Township
of Saddle Brook. The payment of the cash contribution by the developer
shall be made prior to the first permit granted to the developer for
any site activity.
(c)
Cash contributions.
[1]
Cash contributions for off-tract improvements
shall not be required under the following conditions:
[a]
Where another county or state agency
has jurisdiction over the subject improvement and requires a cash
contribution, guaranty or other surety of the applicant in lieu of
such conditions imposed by the Township of Saddle Brook.
[b]
Where a benefit assessment or other
similar tax levy is imposed upon the applicant for the off-site improvement
provided.
[c]
Where the applicant, where legally
permissible, can undertake the improvements in lieu of the Township,
subject to standards and other conditions as may be imposed by the
Township of Saddle Brook.
[2]
Where a cash contribution is required by this
article, said contribution shall be deposited with the Treasurer of
the Township of Saddle Brook with a copy of the applicant's transmittal
letter forwarded to the Council, the Township Engineer and the Board.
Any and all moneys received by the Treasurer shall be deposited in
an escrow account for the purpose of undertaking the improvements
specified. Where such improvements are not undertaken or initiated
for a period of five years, or such period of time as municipal approvals
are extended, the funds may be retained by the Township of Saddle
Brook and may be used for general municipal purposes or refunded to
the applicant (or any of his heirs, executors, administrators or grantees).
In the event that the improvements for which said cash contribution
was made, neither the applicant (nor any of his heirs, executors,
administrators or grantees) shall be liable to the Township of Saddle
Brook for any assessment for the purpose of installing any of the
improvements for which said cash contribution was made.
(d)
Pro rata formula for determining the applicant's
share of off-tract improvements.
[1]
Where an off-tract improvement is required,
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
[a]
Street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements not covered elsewhere and the construction of new streets
and other similar street or traffic improvements: The applicant's
proportionate share shall be equal to the ratio of the estimated peak-hour
traffic generated by the proposed property or properties to the maximum
traffic capacity of the road or intersection, as determined by accepted
engineering standards (i.e., say 40 cars are projected from new development,
and the road capacity is 1,000 cars, the proportionate share would
be equal to 4% of the improvement). The ratio thus calculated shall
be increased by 10% for contingencies.
[b]
Water distribution facilities,
including the installation of new water mains, the extension of existing
water mains, the relocation of such facilities and the installation
of other appurtenances associated therewith: The applicant's proportionate
share shall be equal to the ratio of the estimated daily use of water
from the property or properties, in gallons, to the maximum capacity
of the facility, as determined by accepted engineering standards.
The ratio thus calculated shall be increased by 10% for contingencies.
[c]
Sanitary sewage distribution facilities,
including the installation, relocation or replacement of collector
and interceptor sewers and the installation, relocation or replacement
of pump stations or other appurtenances associated therewith: The
applicant's proportionate share shall be equal to the ratio of the
estimated daily flow, in gallons, to the maximum capacity of the facility.
The ratio shall be increased by 10% for contingencies.
[d]
Stormwater and drainage improvements,
including installation, relocation or replacement of transmission
lines, culverts and catch basins and the installation, relocation
or replacement of other appurtenances associated therewith: The applicant's
proportionate share shall be in a ratio equal to the estimated peak
surface runoff as proposed to be delivered into the existing system,
measured in cubic feet per second, to the maximum capacity of the
existing system. The ratio thus calculated shall be increased by 10%
for contingencies. The applicant's engineer shall compute the drainage-basin
area and the area of the development and the percent of the total
drainage-basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Board.
[2]
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities
which shall be borne by the applicant, the Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
(e)
Required improvements shall be based on circulation
and comprehensive utility service plans. Where a developer pays the
amount determined as his pro rata share under protest, he shall institute
legal action within one year of such payment in order to preserve
the right to a judicial determination as to the fairness and reasonableness
of such amount.
