Township of Franklin, NJ Article IX Off-Site and Off-Tract Improvements

[Amended 7-6-1989 by Ord. No. 89-7]

§ 310-76 Off-tract improvements.

[Amended 7-3-1996 by Ord. No. 96-22]

A. Purpose. The purpose of this section is to properly identify off-tract improvements which are solely the responsibility of the applicant and to otherwise establish the manner to allocate a pro rata share of the costs for off-tract improvements necessitated by an application for development.

B. Definition of principles.

(1) As a condition of preliminary subdivision and/or site plan approval, the municipal agency shall require an applicant to either install or pay a pro rata share of the costs of providing necessary circulation and drainage infrastructure improvements, including costs of land and easements acquisition, off-tract of the property limits of the subdivision or proposed development but necessitated or required by the development. "Necessary improvements'' are those which are rationally related to and necessitated by the proposed development in question.

(2) The municipal agency shall provide in its resolution of approval the basis of the required improvements.

(3) The capacity and design of proposed improvements shall be based upon sources including, but not limited to, the adopted Franklin Township Master Plan, the Franklin Township Circulation Plan and specifications for the design of infrastructure. The studies and plans provided for herein shall address and propose correction of substandard off-tract conditions.

(4) Improvements are to be constructed at the expense of the developer. In cases where the need for off-tract improvements or sight triangles is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant shall be required as a condition of approval and at the applicant's sole expense to acquire and/or improve lands outside the tract to be developed and dedicate such lands to Franklin Township or to Hunterdon County, or, in lieu thereof, the applicant shall deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

(5) The improvements and/or widening of a stream or the construction of drainage or roadway improvements on the tract to be developed shall not constitute an off-tract improvement, and the costs of said improvements shall be borne in their entirety by the applicant.

(6) When the applicant is to install off-tract improvements, the design of those improvements is to be accomplished by the applicant's engineer and reviewed by the Township Engineer. Said design is to be submitted as part of the preliminary plat submittal.

(7) The pro rata amount of the cost of such facilities shall be based on the criteria contained herein.

C. Cost allocation.

(1) Full allocation. In cases where off-tract improvements are necessitated by the proposed development and other property owners do not receive a special benefit thereby, the applicant shall be required, at its sole expense and as a condition of approval, to provide and install such improvements.

(2) Pro rata allocation.

(a) Where it is determined that properties outside the development will also be benefitted by the off-tract improvements, the following criteria shall be utilized in determining the applicant's proportionate share of the costs of such improvements.

(b) Allocation formula.

[1] Drainage improvements. The applicant's proportionate share of stormwater and drainage improvements, including the purchase of land for easements, the installation or relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improvements of drainage ditches and appurtenances thereto, and installation, relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:

[a] The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in "Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA," dated June 1986, as amended, and by methodology currently in use by the New Jersey Department of Environmental Protection. The estimated cost of proposed improvements shall be computed by the developer's engineer and approved by the Township Engineer.

[b] It shall be a rebuttable presumption that the area of study for and for design of off-tract drainage improvements shall, as a minimum, address all of the applicant's property, the watersheds contributing stormwater thereto, the areas of stormwater runoff from the applicant's property to the points of intersection with existing drainage systems with capacity to handle anticipated stormwater flows therefrom and all subsequent downstream structures within 1,500 feet of the downstream points of intersection.

[c] The required capacity of the enlarged, extended or improved stormwater management systems for the development and for contributing watersheds shall be determined by the applicant's engineer and shall be subject to the approval of the Township Engineer. The plans for and the estimated cost of the improved systems shall be prepared by the applicant's engineer and are subject to approval by the Township Engineer. Unit prices used for the cost estimate shall be based on current public bid projects in the geographical area. For those improvements not required solely due to the proposed development activity, the pro rata share for the proposed improvements shall be computed as follows:

		Applicant's cubic
	Applicant's Costs =	feet/second (cfs)	x	Total Costs
		Total cfs

[2] Roadways and transportation facilities. The applicant's pro rata share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, streetlighting, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:

[a] The applicant's engineer, in consultation with the Township Engineer, shall identify road segments and intersections affected and shall provide the Township Engineer with the existing and anticipated peak-hour traffic volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

[b] The applicant shall furnish a study and concept design for the proposed off-tract improvements. The study shall include the estimated peak hour traffic to be generated by the proposed development and the proportion thereof which is allocated to proposed off-tract improvements. The study shall include calculations of present and future traffic with traffic counts to support conclusions. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvements to the future peak-hour traffic anticipated to benefit from the proposed off-tract improvements shall form the basis of the applicant's pro rata share. It shall be a rebuttable presumption that the design of off-tract roadway and transportation facilities shall encompass at a minimum all of the frontage lying within 1,500 feet of the applicant's property. For those improvements not solely required due to the proposed development activity, the pro rata share shall be computed as follows:

	Applicant's Cost =	Additional Peak-Hour Traffic Generated by the Development	X	Total Costs of Roadway Improvements
		Future Total Peak-Hour Traffic

D. Escrow accounts.

(1) Where proposed off-tract improvements are to be undertaken at some future date, the monies required for the improvements shall be deposited in a separate interest-bearing account to the credit of the Township until such time as the improvement is constructed.

(2) If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant upon his request. An off-tract improvement shall be considered begun if the Township has taken legal steps to provide for financing of such improvement.

E. Redetermination upon completion of improvements.

(1) Upon completion of off-tract improvements required pursuant to this section, the applicant's responsibility hereunder shall be recalculated in accordance with the actual, as compared with the estimated, costs of the improvements. To the extent that actual pro rata costs of improvements are less than the estimated pro rata costs, the Township shall forthwith refund the difference to the applicant.

(2) In the event that the payment by the applicant provided for herein is less than the pro rata share of the actual costs of the off-tract improvements, then the applicant shall be required to pay the pro rata additional share of the costs thereof.

F. Referral to the Township committee. Where an application for development suggests the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the municipal agency may condition its action upon the applicant's entering into an agreement with the Township for installation of or payment of a pro rata share of the costs of improvements rationally related to the proposed development.

G. Implementation of off-tract improvements.

(1) An applicant shall be required to enter into agreement, subject to the approval of the Township Attorney, with the Township for installation and/or payment of a pro rata share of off-tract improvements in accordance with this section and any other ordinances, policies, rules and regulations of the Township and any authorities or agencies having jurisdiction therefor.

(2) Where properties outside the subject tract will be specially benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds in accordance with this section to secure the applicant's pro rata share of the eventual cost of providing future improvements and/or facilities based on the standards set forth herein.

(3) If the Township Committee determines that the improvements shall be installed as a local improvement, all or a part of the cost of which is to be assessed in accordance with N.J.S.A. 40:56-1 et seq., against properties specially benefitted thereby in proportion to the benefits conferred by the improvement, then the assessment against the property which is the subject of the development application shall be the applicant's pro rata share.

§ 310-77 Improvements by applicant.

In the cases where reasonable and necessary drainage improvements and easements therefor are required, located outside the property limits of the subdivision or development, including a development subject to site plan review, and where such improvements are necessitated or required by construction or improvement within such subdivision or development and where no other property owners receive a special benefit therefrom, the Board may require the applicant, as a condition of approval, at the applicant's 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.

§ 310-78 Review of applications.

The Township Engineer shall review each application for development and issue written recommendations and/or comments relative to drainage improvements. The Township Engineer shall forward a copy of said written recommendations and/or comments to the Township Committee. The Township Committee shall have 30 days from the date of the written report of the Township Engineer in which to issue, in writing, the Township Committee's comments or recommendations on the issue of drainage improvements. In the event that the Township Committee fails to issue the aforesaid written comments or recommendations within 30 days, the Township Committee shall be deemed to be in agreement with the written report of the Township Engineer.

§ 310-79 Performance guaranties.

Should the Board require as a condition of approval that drainage improvements be provided and constructed by the applicant, the applicant shall be required to provide a performance guaranty, running to the Township, in cash, certified check or irrevocable letter of credit in the amount equal to 120% of the estimated cost of completing the required drainage improvements. The estimated cost of completing the required drainage improvements shall be provided by the applicant and reviewed by the Township Engineer. The Township Engineer's determination as to the estimated cost shall fix the amount to be posted by the applicant.

§ 310-80 Deposit of funds.

All moneys deposited by the applicant pursuant to § 310-79 shall be paid over to the Township Treasurer, who shall provide a suitable depository therefor.

§ 310-81 Refund of deposit.

The moneys deposited by the applicant or the irrevocable letter of credit shall be returned to the applicant one year after completion by the applicant of the required drainage improvements and written confirmation by the Township Engineer that said improvements are complete. Within one year after the Township Engineer has confirmed that the required improvements are complete, the Township Engineer shall confirm the proper operation of the required improvements, and thereafter the deposit shall be returned to the applicant.