Township of Plainsboro, NJ Article XI Off-Tract Improvements

§ 85-46 Off-tract water, sewer, drainage and street improvements.

A. The developer shall pay the developer's pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the developer's subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such improvements shall be deemed reasonable and necessary when they are set forth in the circulation plan element and the utility service plan element of the Township Master Plan.

B. The standards by which the Township Committee shall determine the proportionate or pro rata amount of the cost of the facilities to be borne by each developer or owner within a related and common area shall not be altered subsequent to preliminary subdivision or site plan approval, as the case may be.

C. The allocation of costs shall be based on the following standards:

(1) The Township Committee may consider the total cost of the off-site improvements, the benefits conferred upon the subdivision or development, the needs created by the subdivision or development, population and land use projections for the general areas of the subdivision or development and other areas to be served by the off-site improvements, and the condition and periods of usefulness, which periods may be based upon the criteria of the applicable state statutes.

(2) Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the subdivision or development of the tract. In determining such traffic increase, the Township Committee may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the subdivision or development and the anticipated benefit thereto.

(3) Drainage facilities may be based upon the percentage relationship between the subdivision acreage or tract being developed, as the case may be, and the acreage of the total drainage basins involved.

(4) Sewerage facilities may be based upon the proportion that the subdivision's or development's total anticipated volume of sewage effluent bears to the existing capacity of existing and proposed sewage facilities, including but not limited to lines and other appurtenances leading to and servicing the subdivision or tract being developed. The Township Committee may also consider types of effluent and particular problems requiring special equipment or added costs for treatment.

(5) Water supply and distribution facilities may be based upon the added facilities required by the total anticipated water use requirements of the subdivision or tract being developed.

(6) Where an applicant or 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.

D. Where the property which is the subject matter of a development application is located within a designated Transportation Improvement District, as described in § 85-46.1, the provisions of § 85-46.1 shall be applied with respect to road improvements in lieu of the provisions of § 85-46A through C above.

[Added 7-22-1985 by Ord. No. 0-85-16]

§ 85-46.1 Transportation Improvement District Plan.

[Added 7-22-1985 by Ord. No. 0-85-16; amended 8-10-1987 by Ord. No. 0-87-18]

The following Transportation Improvement District Plan is hereby established, based upon the circulation element of the Township's Master Plan:

A. Transportation Improvement District established. The Transportation Improvement District (TID) is the area shown and delineated on the map entitled "Circulation Plan," dated January 1979, revised June 24, 1985, attached hereto and made a part hereof,[1] which area contains properties currently known and designated as "Lots 3.02, 3.03, 3.04 and 1.51 in Block 3," "Lots 1, 2, 3, 4 and 5 in Block 4," "Lots 6, 7, 8 and 9 in Block 2" and "Lot 65 in Block 5," on the Plainsboro Township Tax Map (1986).

[1] Editor's Note: The Circulation Plan is on file in the office of the Township Clerk.

B. Adjusted impact fee rate. The nature of the improvement covered by this § 85-46.1 (TID improvement) and the pro rata share of the cost of such improvement that shall be borne by each developer (as defined in § 85-4) with respect to development within the TID is set forth in a subplan of the Circulation Element of the Township's Master Plan entitled "Traffic Improvement District Plan" (TID Plan). The TID improvement covered by the TID Plan is a grade separation of the intersection of College Road and United States Route 1 in Plainsboro, New Jersey. The adjusted impact fee rate shall, in accordance with the TID Plan, be as follows: $3.48 per square foot of gross floor area as defined in § 101-1 of nonresidential development (basic impact fee rate), increased or decreased, as the case may be, by the cost estimate factor set forth in Subsection B(1) below and the price index factor set forth in Subsection B(2) below.

(1) Cost estimate factor. The basic impact fee rate shall be increased by $0.0232 per square foot of nonresidential increase development, for every $100,000 of the estimated cost of the TID improvement (exclusive of land costs and based on the preliminary, or if then available, final design thereof) in excess of $15,000,000. The basic impact fee rate shall be decreased by $0.0232 per square foot of nonresidential development, for every $100,000 of estimated cost of the TID improvement (exclusive of land costs and based on the preliminary, or if then available, final design thereof) below $15,000,000.

(2) Price index factor. The basic impact fee rate, after adjustment (if any) made pursuant to Subsection B(1) above to take into account the cost estimate factor, shall be adjusted by use of the Index, as defined below, by multiplying such basic impact fee rate by a fraction, the numerator of which is the index on the date of the determination of the total impact fee pursuant to § 85-46.1C, and the denominator of which is the index for 1986 (or if the cost estimate factor has been utilized, the year in which it was last utilized). As used herein, the "Index" means the Construction Cost Index (1967 base year) as published by McGraw Hill Publishers in the then most recent issue of Engineering News Record and shall be the average of the Philadelphia area and the New York Metropolitan area, or if such periodical is no longer published, as published in another publication of similar reputation and reliability. If, as of any relevant date, the Index is no longer published or issued, the Federal Highway Administration's bid price index or such other index as accurately reflects the effects of general economic conditions and influences upon the cost of constructing road improvements in New Jersey shall be used and employed in the place and stead thereof.

C. Total impact fee. The total impact fee shall be the product of the Adjusted Impact Fee Rate multiplied by the number of square feet of gross floor area as defined in § 101-1 included in the development for which preliminary site plan approval has been received, reduced by the estimated amount of any improvements which the developer is required to make to the intersection of College Road and United States Route 1, except that there shall be no reduction for reasonable at grade improvements proposed by the developer and approved by the Planning Board, designed only to accommodate traffic at that intersection on a temporary, short-term basis until the TID improvement can be constructed. The total impact fee shall be determined by the Township Committee as of the time and as a part of the developer's agreement referred to in § 85-46.1G(2).

D. Payment of total impact fee. Except as otherwise provided in § 85-46.1E(4), payment of the total impact fee shall be made as follows:

(1) Full payment. The developer may pay to the Township its total impact fee upon obtaining its initial building permit for the development for which preliminary site plan approval has been received, or

(2) Installments. The developer may pay to the Township the total impact fee in accordance with the following schedule:

(a) Ten percent of the total impact fee at the issuance of the initial building permit; and

(b) Ninety percent of the total impact fee at the issuance of certificate of occupancy for 60% or more of the square footage of the development.

(c) Prior to payment of the balance of the Total Impact Fee, as provided in Subsection D(2)(b) above, such balance shall be readjusted, by use of the Index, by multiplying such balance by a fraction, the numerator of which is the Index on the date of the issuance of the certificate of occupancy for 60% or more of the square footage of the development and the denominator of which is the Index for the year in which the relevant developer's agreement was executed.

(3) Phased development. If the development is to be constructed in phases for which a separate application for final site plan approval for each phase is to be submitted, the developer may elect to have the provisions of Subsection D(1) and (2) above applied separately to each phase of the development. In such event, the total impact fee shall be allocated among the phases of the development as the square footage of each phase bears to the total square footage of all phases of the development (allocated impact fee). The allocated impact fee for each phase shall be readjusted at the time of the first payment thereof to reflect any changes in the adjusted impact fee rate based on the cost estimate factor and/or the price index factor since the date on which the total impact fee was initially determined.

(4) Effect of payment. Upon receipt by the Township of the developer's total impact fee, the developer's responsibility to contribute funds to the Township for TID improvement shall be deemed satisfied.

E. Form of payment and maintenance thereof.

(1) Payment. Except as provided in Subsection E(4) below, the total impact fee shall be paid, in accordance with § 85-46.1D, in cash or certified or bank cashier's check to the Township Treasurer.

(2) Separate escrow account. All payments of the total impact fee shall be maintained in a separate interest-bearing account credited to the Township. The amounts escrowed shall be returned to the developer if they are not expended or obligated for use, as set forth in § 85-46.1F, by the tenth anniversary date of the receipt of such payment by the Township, together with interest thereon from the date of such payment. If the TID improvement is completed earlier than such tenth anniversary date, then the unexpended escrowed amounts shall be returned to the developer at such earlier date, together with interest thereon from the date of their payment.

(3) Statement of account. Upon request, the developer shall be given a statement as to the status of the amounts paid by him.

(4) Contribution in kind. In the event a developer (including, for this purpose, a partner of a developer) enters into an agreement with the State of New Jersey, acting through its Department of Transportation (NJDOT) providing for the design and construction of the TID improvement (NJDOT) agreement), then completion of the TID improvement in accordance with the NJDOT agreement through private construction contracts shall be deemed a contribution in kind in full satisfaction of all obligations of all developers under this § 85-46.1, except to the extent that the other developers shall not have reimbursed fully the developer who entered into the NJDOT agreement for their respective proportionate shares of the design and construction costs of the TID improvement.

F. Use of total impact fee. The Township shall use total impact fees only for the TID improvement.

G. Total impact fee required.

(1) Preliminary site plan approval. As condition of a preliminary site plan approval of a development within the TID, the municipal agency reviewing the application shall require payment of the developer's total impact fee in accordance with this § 85-46.1.

(2) Final site plan approval. As a condition of final site plan approval of a development, or phase thereof, within the TID, the municipal agency reviewing the application shall require the developer to enter into a developer's agreement with the Township providing for the payment of the developer's total impact fee in accordance with this § 85-46-1. Such developer's agreement shall be in a form approved by the Township Committee. Such agreement shall either:

(a) Contain provisions concerning the determination of the developer's total impact fee, the payment an adjustment thereof, the form of payment and maintenance thereof, the use of the total impact fee and such other provisions as may be deemed necessary by the Township Committee, provided that the same shall be consistent with the provisions of this § 85-46.1; or

(b) Provide for a contribution in kind as set forth in § 85-46.1E(4).

H. Land dedication required.

(1) Preliminary site plan approval. As a condition preliminary site plan approval of a development within TID, the municipal agency reviewing the application shall require the developer to enter into an agreement with the Township at the time of final approval to dedicate such portion of his property as shall be necessary for the TID improvement. There shall be no reduction in the amount of square footage of development otherwise permitted on the developer's property under Chapter 101 by reason of such land dedication.

(2) Final site plan approval. As a condition of final site plan approval of a development, or phase thereof, within the TID, the municipal agency reviewing the application shall require the developer to enter into an agreement with the Township to dedicate such portion of his property as shall be necessary for the TID improvement. Such agreement shall be in a form approved by the Township Committee.

I. Contributions in excess of developer's total impact fee.

(1) Contributions made in advance of development of developer's own lands. A developer may elect to pay, in cash or in the form of a contribution in kind as provided in § 85-46.1E(4), its total impact fee prior to the development of its property (or portion thereof, within the TID and the time set forth in § 85-46.1D for the payment of its total impact fee, in which event the developer's responsibility to contribute funds to the Township for the TID improvement shall be deemed satisfied as to such property (or portion thereof). The developer (including, for this purpose, a partner of the developer) and Township shall enter into an agreement setting forth the terms and conditions of such contribution, such agreement shall recognize that the developer shall be entitled to construct the total square footage of development upon which its total impact fee was based subject to compliance with applicable site plan and subdivision regulations.

(2) Contributions made in advance of development of other developer's lands. A developer may elect to pay, in cash, or in the form of a contribution in kind as provided in § 85-46.1E(4), the total impact fee attributable to property (or portion thereof) of another developer within the TID, prior to the development of such land and the time set forth in § 85-46.1D for the payment of such total impact fee, in which event the developer who made such payment shall be reimbursed therefor by the Township out of the total impact fee [adjusted in accordance with § 85-46.1B(1) and (2) to the date of payment] collected from the other developer in the future under this § 85-46.1, unless such other developer shall have theretofore reimbursed fully the developer who made such payment. The developer (including, for this purpose, a partner of the developer) and Township shall enter into an agreement setting forth the terms and conditions of such contribution; such agreement shall recognize that the owner of the property in respect of which such contribution shall have been made shall be entitled to construct the total square footage of development upon which the total impact fee was based subject to compliance with applicable site plan and subdivision regulations.

J. Effect of transportation district on development applications with prior approvals. A developer who has obtained preliminary or final approval with respect to a development located within the TID may choose to be treated, with respect to such development, in accordance with the provisions of its approval resolution or, in the alternative, may choose to be treated in accordance with the provisions of this § 85-46.1.