No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has either directly
or indirectly any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of the
matter nor participate in any discussion or decision relating thereto.
The following shall apply:
A.
Frequency. Meetings of both the Planning Board and
Zoning Board of Adjustment shall be scheduled no less often than once
a month, and any meeting so scheduled shall be held as scheduled,
unless cancelled for lack of applications for development to process.
B.
Special meetings. Special meetings may be provided
for at the call of the Chairman or on the request of any two Board
members, which shall be held on notice to its members and the public
in accordance with all applicable legal requirements.
C.
Quorum required. No action shall be taken at any meeting
without a quorum being present.
D.
Voting. All actions shall be taken by a majority vote
of the members present at the meeting except as otherwise required
by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion
to receive the number of votes required to approve an application
for development shall be deemed an action denying the application.
E.
Open meetings. All regular meetings and all special
meetings shall be open to the public. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meetings Act, c. 231, Laws of 1975.[1] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, any findings made by it and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Township
Clerk. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of the minutes. This interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
Fees or charges for the submission of applications
or for rendering of any service by the Planning Board or Zoning Board
of Adjustment or any member of their administrative staffs for the
review of an application for development, for inspections or for taking
of appeals shall be set forth in any general fee ordinance of the
Township or as established in any ordinance regulating the use and
development of land. Any fee paid in connection with an informal review
of a concept plan for development for which the developer intends
to prepare and submit an application for development shall be a credit
toward fees for the review of the application for development.
The following shall apply:
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies.
These rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by stenographer, mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his expense.
F.
When any hearing before the Planning Board or Zoning
Board of Adjustment shall carry over two or more meetings, a member
of the Board who was absent for one or more of the meetings shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings; provided,
however, that the Board member has available a transcript or a recording
of the meeting from which he was absent and certifies in writing to
the Board that he has read the transcript or listened to the recording.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., or as to any
matter coming before the Zoning Board of Adjustment, the applicant
shall give notice thereof as follows:
A.
Newspaper. Public notice shall be given by publication
in the official newspaper of the Township at least 10 days prior to
the date of the hearing.
B.
Notice to adjoining property owners. Notice shall
be given to the owners of all real property located in this state
as shown on the current tax duplicate or duplicates within 200 feet
in all directions of the property which is the subject of hearing,
and whether located within or without the Township.
(1)
Such notice shall be given by serving a copy thereof
on the owner, as shown on said current tax duplicates, or his agent
in charge of the property, or mailing a copy thereof by certified
mail to the property owner at his address, as shown on said current
tax duplicate or duplicates.
(2)
The above requirements shall be deemed satisfied where
condominiums or horizontal property regimes are within 200 feet of
the applicant's property by making service in the following manner:
(a)
If the applicant's property abuts a condominium
and the owner of any unit is within 200 feet of the applicant's property
and said unit has a unit above or below it, by giving notice to the
condominium association.
(b)
If the applicant's property abuts a horizontal
property regime and an apartment of the co-owner is within 200 feet
of the applicant's property and such apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
(c)
If the applicant is the owner of the condominium
unit or co-owner of an apartment, notice shall be given to all other
unit owners or apartment co-owners within 200 feet of the unit or
apartment owned or co-owned by the applicant.
(3)
Notice to a partnership owner may be made upon any
partner. Notice to a corporate owner may be made by service upon its
president, vice president, secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation.
This notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Section 6b of c.
291, Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
C.
Adjacent municipalities. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of that municipality. This notice shall be in addition to the notice required to be given pursuant to Subsection B to the owners of lands in the adjoining municipality which are located within 200 feet of the subject premises.
D.
County Planning Board. Notice shall be given by personal
service or certified mail to the County Planning Board of a hearing
on an application for development of property adjacent to an existing
county road or proposed road shown on the Official County Map or on
the County Master Plan, adjoining other county land or situate within
200 feet of a municipal boundary.
E.
Commissioner of Transportation. Notice shall be given
by personal service or certified mail to the Commissioner of Transportation
of a hearing on an application for development of property adjacent
to a state highway.
F.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10b.
G.
Proof of service. All notices hereinabove specified
in this section shall be given at least 10 days prior to the date
fixed for hearing, and the applicant shall file an affidavit of proof
of service with the Board holding the hearing on the application for
development. When service is made by certified mail, the mailing receipts
(white) shall be postmarked by the post officer. A return receipt
(green) is not required.
H.
Complete notice. Any notice made by certified mail
as hereinabove required shall be deemed complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available as required by law.
J.
Documents. Any maps and documents for which approval
is sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Township Clerk.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township shall, within seven days after receipt of a request therefor, and upon receipt of payment of the maximum fees provided for in said section of the statute, a minimum of $10 or $0.25 per name for a list containing over 40 names, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 74-35B.
A.
Checklist requirements for applications for developments
are as follows:
[Amended 3-12-2003 by Ord. No. 2003-1; 7-23-2007 by Ord. No. 2007-11]
|
Checklist 1
|
General Requirements
| |
|
Checklist 2
|
Minor Subdivision
| |
|
Checklist 3
|
Preliminary Major Subdivision
| |
|
Checklist 4
|
Final Major Subdivision
| |
|
Checklist 5
|
Preliminary Site Plan — Conditional
Use
| |
|
Checklist 6
|
Final Site Plan — Conditional
Use
| |
|
Checklist 7
|
Appeals, Interpretations, Special Questions,
Variances
| |
|
Checklist 8
|
Soil Removal
|
(1)
All applications must meet the requirements of the
general checklist and the specific application for development checklist,
except soil removal applications, which must meet the general and
Checklist 8 requirements only. If both preliminary and final approvals
of an application for development are being applied for at the same
time, the requirements of the general checklist and the preliminary
and final checklists shall be met.
(2)
See Checklists 1 through 8, which are attached hereto
and made a part of this chapter and are included at the end of this
chapter.
B.
An application for development shall be complete for
purposes of commencing the applicable time period for action by a
municipal agency when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period, unless the application lacks
information indicated on a checklist as hereinafter specified, a copy
of which shall have been provided to the applicant, and the municipal
agency or its authorized committee or designee has notified the applicant
in writing of the deficiencies in the application within 45 days of
submission of the application. The applicant may request that one
or more of the submission requirements be waived, in which event the
agency shall grant or deny the request within 45 days. Nothing herein
shall be construed as diminishing the applicant's obligation to prove
in the application process that he is entitled to approval of the
application. The municipal agency may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for the approval
of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
agency.
C.
Decisions.
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in this chapter for action by the municipal
agency on the application for development; or
(b)
A memorializing resolution adopted at a meeting
held no later than 45 days after the date of the meeting at which
the municipal agency voted to grant or deny approval. Only the members
of the municipal agency who voted for the action taken may vote on
the memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. An action pursuant to
N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve
an application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the action of the municipal agency and not to be an action of the
municipal agency; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the mailings,
filings and publications required under N.J.S.A. 40:55D-10. If the
municipal agency fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the municipal agency
to reduce its findings and conclusions to writing within a stated
time, and the cost of the application, including attorney fees, shall
be assessed against the municipality.
(2)
Copies. A copy of the decision shall be mailed by
the Board within 10 days of the date of decision to the applicant
or, if represented, then to his attorney, without separate charge.
A copy of the decision shall also be mailed to all persons who have
requested it and who have paid the fee prescribed by the Board for
this service. A copy of the decision shall also be filed in the office
of the Township Clerk, who shall make a copy of the filed decision
available to any interested party upon payment of a fee calculated
in the same manner as those established for copies of other public
documents in the Township.
A brief notice of every final decision shall
be published in the official newspaper of the Township. This publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. The notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of the application
or, if it is shown that taxes or assessments are delinquent on the
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of the taxes or assessments
or the making of adequate provision for payment in a manner that adequately
protects the Township.
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units, or for approval of a site to be used for
commercial purposes, shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class,
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of a stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock, or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criteria have been listed.
When applying for a variance, the applicant
shall comply with the following requirements:
A.
The applicant shall furnish proof of compliance with § 74-35 regarding notice and publication of the application.
B.
The applicant shall file a complete application form
for the application as approved in the rules and regulations of the
Zoning Board of Adjustment of the Township of Andover. The application
form shall be filled out completely and, where necessary, supplemented
by additional information in order to make it clear to the Board what
relief is being sought and accompanied by the appropriate fee.
C.
The applicant shall file with the application one
photograph of the subject premises depicting the area for which a
variance is sought.
D.
The applicant shall file with the application 14 certified
and sealed copies of a plot plan or survey, prepared to scale, on
a scale not less than one inch equals 50 feet. The plot plan or survey
shall contain the following information. The plot plan for a single-family
residence shall be prepared, certified and sealed by a licensed land
surveyor. For plans other than single-family, the site plan shall
be prepared by a licensed professional engineer, architect or land
surveyor as required by law.
(1)
All structures within 200 feet of the property which
is the subject of the application.
(2)
North point.
(3)
Dimensions of lot lines and structures.
(4)
Lot area, in total square feet, or acreage to the
nearest hundredth (e.g., 13.57).
(5)
Title block containing tax block and lot numbers;
revision lines should be in vertical lines along the left of the title
block.
(6)
Zoning district(s).
(7)
Names of the road or roads on which the lot fronts.
(8)
Easements and rights-of-way, if any.
(9)
Location of streams, if any.
(10)
Location of all existing structures on subject premises
and distances of the same from lot lines.
(11)
Location of the proposed structure or change, showing
the front, rear and side yard dimensions.
(12)
Building area allowed (draw lines showing required
front, rear and side yard setbacks).
(13)
Location, arrangement and dimensions of parking area,
driveway or service areas.
(14)
Names of adjoining property owners.
(15)
Location of all buildings on all adjoining properties
(including all setbacks).
(16)
Description of the general topography of the land.
(17)
Proposed location of wells and septics on lot.
(18)
Such other pertinent information as is required in any pertinent section of Chapter 190, Zoning, governing the application.
(19)
A key map showing the following. The scale of the
key map portion of the plat shall be not less than one inch equals
400 feet.
(a)
The entire tract clearly delineated by crosshatching,
shading or other appropriate means, distinguishing it from adjoining
lands.
(b)
Adjoining properties.
(c)
The tax map lot and block designation of the
subject premises and of adjoining lands.
(d)
The street on which the subject premises is
located, including state or county route number and the common road
name.
(e)
Reference meridian.
E.
The applicant shall file, with the application, a
statement complying with the provisions of N.J.S.A. 40:55D-48.1 and/or
40:55D-48.2 (statement of ownership, interest of corporation or partnership).
F.
Affidavit of ownership shall be filed with the application.
G.
The applicant shall file with the application a proposed
form of notice to be published in the newspaper and to adjoining landowners
in accordance with N.J.S.A. 40:55D-12. The notice shall state the
lot and block numbers of the property, the specific use or uses proposed,
and the variances being sought so far as known, together with the
numbers of the ordinances from which the variances are sought, stating
the time and place of hearing and the date after which the application
may be inspected and other approvals sought (e.g., site plan, conditional
use, subdivision, appeals, interpretations, etc.)
In the event an applicant submits a revised
application or a revised form of any document for which an approval
is sought or a revision to a document is required to be made by the
reviewing municipal agency, the applicant shall submit, in writing,
with the revision or revised document, a detailed description of the
revisions made, including their page numbers or other location in
the document, and an affidavit stating that this is a complete list
of the revisions made and that no other revisions have been made since
__________(insert date), date of last revision.
A.
Conditions precedent. Whenever any application for
development is approved subject to specified conditions intended to
be fulfilled before the approval becomes effective, said conditional
approval shall lapse and become null and void unless all specified
conditions are fulfilled within six months of the date of conditional
approval.
B.
The fulfillment of all conditions precedent shall
be reported in writing to the municipal agency, which may cause such
reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or site plan be assigned
or any required building permit, occupancy permit or zoning permit
be issued.
C.
Conditions subsequent. Whenever any application for
development is approved subject to conditions which by their terms
are incapable of being fulfilled, or are not required to be fulfilled
prior to the final approval of the application, the performance of
which is not guaranteed by bonds or securities of any type, failure
to fulfill any such condition within six months from the date of the
final approval of the application for development shall be grounds
for the issuance of a stop-work order by the enforcing official and
the withholding of any zoning permit, certificate of occupancy or
any other approval until such condition or conditions are fulfilled.
D.
Nothing herein contained shall be construed as preventing
the municipal agency from specifying a longer period of time within
which any specific condition must be fulfilled or from granting, upon
an ex parte application, an extension of time for fulfilling a condition
for good cause shown.
E.
The fulfillment of all conditions shall be reported
in writing to the municipal agency, which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other
required approval be issued.
An applicant shall comply with the provisions
of this section whenever the applicant wishes to claim approval of
his application for development by reason of the failure of a municipal
agency to grant or deny approval within the time periods specified
in the Municipal Land Use Law and this chapter:
A.
The applicant shall provide notice of the default
approval to the municipal agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development; but for purposes of determining who is entitled to
notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to Subsection a of N.J.S.A.
40:55D-12. The applicant shall arrange publication of the notice of
the default in the official newspaper of the municipality, if there
is one, or in a newspaper of general circulation in the municipality.
B.
The applicant shall file an affidavit or proof of
service and publication with the Secretary of the Planning Board or
Zoning Board of Adjustment, as the case may be.
[Amended 3-12-2003 by Ord. No. 2003-1]
A developer, as a condition of approval of an
application for development, may be required to pay impact fees, or
a pro rata share of the cost of providing only reasonable and necessary
street improvements, transportation improvements, water facilities,
sewage facilities, drainage facilities, and easements therefor, located
outside the property limits of the development but reasonably related
to construction or improvements within the development as set forth
herein.
A.
Improvements to be constructed at the sole expense
of the developer. In cases where an off-tract improvement or improvements
are reasonably related to construction or improvements within the
development, and where no other property owners receive a special
benefit thereby, the reviewing municipal board shall require the developer,
as a condition of approval, at the developer'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.
B.
Contributions by developer toward required off-tract
improvements.
(1)
In cases where an off-tract improvement or improvements
are reasonably related to construction or improvements within the
development, and where the Planning Board determines that properties
outside the development will also be benefited by the improvements,
such determination shall be made by the Planning Board in writing.
Such resolution or determination of the Planning Board shall specify
the off-tract improvement or improvements which are reasonably related
to construction or improvements within the development, and the terms
and conditions which shall be imposed upon the developer to insure
the successful and reasonable implementation of the same. General
criteria to be considered by the reviewing municipal board include
the total cost of the off-tract improvement, the benefits conferred
and the needs created by the development, the population and land
use projections for the general area of the developer's property and
other areas to be served by the off-tract improvement, the estimated
time for construction, and the condition and periods of usefulness
of the improvement, which periods may be based in part upon the criteria
of N.J.S.A. 40A:2-22. In addition, the need to protect the health,
safety and general welfare of the Township and the area should be
considered as well as the Township development ordinances and Master
Plan. The Board may seek the assistance of the Board Attorney, Engineer
and any other consultants, qualified experts or Township officials.
(2)
In the event that the reviewing municipal board determines
that one or more improvements constitute off-tract improvements, the
board shall notify the Township Committee, specifying the board's
recommendation relative to the estimated cost of the same, the developer's
prorated share of the cost, and possible methods or means to implement
the same, including but not limited to performance and maintenance
guarantees, cash contributions, development agreements, construction
by the developer or construction by the Township.
(3)
The reviewing board shall not grant final approval
on the development until all aspects of such conditions have been
mutually agreed upon by both the developer and the Township Committee
and a written resolution to that effect by the Township Committee
has been transmitted to the reviewing municipal board.
C.
Methods of construction. When the recommendation of
the reviewing municipal board is received by the Township Committee,
together with estimates of the cost of construction, the Township
Committee shall then decide whether the off-tract improvement is to
be constructed by the Township as a general improvement, by the Township
as a local improvement, by the applicant solely, or by the applicant
under a formula providing for partial reimbursement by the Township
for benefits to properties other than the development.
D.
Methods of implementation.
(1)
Performance and maintenance guarantees. The reviewing
municipal board may require a performance guarantee and/or maintenance
guarantee to insure the construction of an off-tract improvement as
a condition of approval of the development.
(2)
Developer's agreement. The reviewing municipal board
may require as a condition of approval a developer's agreement to
be entered into between the applicant and the Township Committee governing
the installation of improvements within and outside of the development,
including off-tract improvements. Said agreement shall be approved
as to form by the reviewing municipal board, board attorney and board
engineer. The agreement shall specify the manner of construction of
the improvements, the amount of cash contributions, and amount and
form of performance and maintenance guarantees, the timing of the
installation and payment of contributions and the posting of performance
guarantees and maintenance guarantees and other appropriate obligations
of the parties.
(3)
Cash contributions; method of payment. Where a cash
contribution is required by this chapter, such contributions shall
be deposited with the Treasurer of the Township with a copy of the
applicant's transmittal letter forwarded to the Township Committee,
the Township Engineer and the Planning Board. Any and all monies received
by the Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where the Township has
received funds from a developer for the purpose of providing facilities,
the Township shall deposit those funds in an interest-bearing bank
account until used. If the Township has not expended those funds in
eight years of collection, the funds shall be returned to the developer
with accrued interest, upon application of the developer for the return
of the funds.
(4)
Cash contributions; when not required. 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, guarantee
or other surety of the applicant in lieu of such conditions imposed
by the Township.
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-tract improvement
provided.
(c)
Where the applicant, where permitted by the
reviewing municipal board, undertakes the improvement in lieu of the
Township, subject to standards and other conditions as may be imposed
by the board and Township Committee.
(5)
Pro rata formula for determining applicant's share
of off-tract improvements. 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)
Streets; circulation improvements. For street
widening, alignment, corrections, channelization of intersections,
constructions 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 computed
considering the following factors, and the ratio thus calculated shall
be increased by 10% for contingencies:
|
Total cost of the roadway improvement and/or
extension
|
Future peak-hour traffic
| ||
|
|
=
|
| |
|
Developer's cost
|
Future peak-hour traffic generated by the development
|
(b)
Water distribution facilities. For 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 cost shall be in the ratio of the estimated daily use
of water from the property and properties in gallons to the sum of
the deficiency in gallons per day for the existing system or subsystem
and the estimated daily use of water for the proposed development.
The ratio thus calculated shall be increased by 10% for contingencies.
(c)
Sanitary sewage distribution facilities. For
sanitary sewage distribution facilities, including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development;
in the case where the peak flow period for the proposed development
may occur during the peak flow period for the existing system, the
ratio shall be the estimated peak flow rate from the proposed development
in gallons per minutes to the sum of the present peak flow deficiency
in the existing system or subsystem and the estimated peak flow rate
from the proposed development. The greater of the two ratios thus
calculated shall be increased by 10% for contingencies and shall be
the ratio used to determine the cost to the applicant.
(d)
Stormwater and drainage improvements. For stormwater
and drainage improvements, including the installation, relocation
or replacement 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 the 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, United States Department of Agriculture,
January 1975, as amended, and shall be computed by the developer's
engineer and approved by the Township Engineer or Board Engineer.
[2]
The capacity of the enlarged, extended or improved
system required for the development and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Township Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the developer's
engineer. The prorated share for the proposed improvement shall be
computed as follows:
|
Total enlargement or improvement cost of drainage
facilities
|
Total tributary cfs
| ||
|---|---|---|---|
|
|
=
|
| |
|
Developer's cost
|
Development cfs
|
[3]
The ratio thus calculated shall be increased
by 10% for contingencies.
[4]
Where no drainage system exists which will receive
the flow of surface water from the development, the developer shall
furnish all drainage rights-of-way deemed necessary by the reviewing
municipal board.
E.
Watercourses. Where a development is traversed by
a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming with the
lines of such watercourse and such further width or construction as
both will be adequate for the purpose to the Township or other entity
as designated by the reviewing municipal board.
F.
General municipal facilities. (Reserved)
G.
Cultural facilities. (Reserved)
H.
Educational facilities. (Reserved)
I.
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract improvement
which shall be borne by the developer, the reviewing municipal board
shall also determine the pro rata share of the cost to be borne by
other owners of lands which will be benefitted by the proposed improvements,
if any.
J.
Impact fees. For the purpose of this subsection, “impact
fees” means cash or in-kind payments required to be paid by
a developer as a condition of approval of a development for the developer's
proportional share of the cost of providing new or expanded reasonable
and necessary public improvements located outside the property limits
of the development but reasonably related to the development based
upon the need for the improvement created by, and the benefits conferred
upon, the development.
