[Added 3-2-1989 by Ord. No. 89-1]
A.
Purpose. This article is intended to ensure a pro
rata share allocation of the costs of off-tract improvements necessitated
by new development.
B.
Definition and principles. As a condition of final
subdivision or site plan approval, the Planning/Zoning Board may require
an applicant to pay his/her 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. "Necessary" improvements are those
clearly, directly, and substantially related to the development in
question. The Planning/Zoning 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 rules and
regulations of this chapter and the Township Master Plan. The Board
may also be guided by counsel from the Township Engineer, any consultant
and other qualified experts and municipal officials relative to the
subject matter. 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:
C.
Cost allocation.
(1)
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 applicant may be
required at his/her sole expense and as a condition of approval, to
provide and install such improvements.
(2)
Proportionate allocation.
(a)
Where it is determined that properties outside
the development will also be benefited 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.
(b)
Allocation formula.
[1]
Sanitary sewers. The applicant's proportionate
share of distribution facilities including the installation, relocation
or replacement of collector, trunk and interceptor sewers, and appurtenances
associated therewith, shall be computed as follows:
[a]
The capacity and the design of
the sanitary sewer system shall be based on the standards specified
in this chapter;
[Amended 7-31-2000 by Ord. No. 00-03]
[b]
The Municipal Engineer or planner
shall provide the applicant with the existing and reasonably anticipated
peak hour flows as well as capacity limits of the affected sewer system;
and
[c]
If the existing system does not
have adequate capacity to accommodate the applicant'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
|
=
|
Capacity of enlargement or improvement
(gallons per day — gpd)
|
|
Developer's cost
|
Development-generated gallons per day
to be accommodated by the enlargement or improvement
|
[2]
Water supply. The applicant's proportionate
share of water distribution facilities including the installation,
relocation, or replacement of water mains, hydrants, valves, and appurtenances
associated therewith shall be computed as follows:
[b]
The municipal engineer or planner
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; and
[c]
If the existing system does not
have adequate capacity as defined above to accommodate the applicant's
needs, the pro rata share shall be computed as follows:
|
Total cost of enlargement or improvement cost
|
=
|
Capacity of enlargement or improvement
(gallons per day — gpd)
|
|
Developer's cost
|
Development-generated gallons per day
to be accommodated by the enlargement or improvement
|
[3]
Roadways. The applicant'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:
[a]
The Municipal Engineer or planner
shall provide the applicant with the existing and reasonably anticipated
future peak hour flows for the off-tract improvement;
[b]
The applicant 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 cost
|
=
|
Capacity of enlargement or improvement
(peak-hour traffic)
|
|
Developer's cost
|
Development peak-hour traffic to be accommodated
by the enlargement or improvement
|
[4]
Drainage improvements. The applicant's proportionate
share of stormwater and drainage improvements including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, riprap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities or
appurtenances associated therewith, shall be determined as follows:
[b]
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 of the Municipal 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 Municipal Engineer. The pro rated share for the proposed improvement
shall be computed as follows:
|
Total cost of enlargement or improvement cost
|
=
|
Capacity of enlargement or improvement
(total capacity expressed in
cubic feet) per second
|
|
Developer's cost
|
Development peak-hour traffic to be accommodated
by the enlargement or improvement
|
D.
Escrow accounts. Where the proposed off-tract improvement
is to be undertaken at some future date, the moneys required for the
improvement shall be deposited in an interest-bearing account to the
credit of the municipality in a separate account until such time as
the improvement is constructed. If the off-tract improvement is not
begun within five years of completion of the development, all moneys
and interest shall be returned to the applicant.
