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 procedure and requirements as specified in Article
12 of this Part
2 (§§
113-92 et seq.).
Where a development agreement is required governing
off-tract improvements or other conditions, as may be required by
this Part 2 or by the Planning Board, such agreement shall be in accordance
with the provisions provided herein. Such agreement may specify the
amount of cash contributions, if any, the method of payment and the
obligation or obligations to be undertaken by the Township.
Cash contributions for off-tract improvements
shall not be required under the following terms or conditions:
A. Jurisdiction by others. Where other county or state
agencies or utility authority 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 Chester Township.
B. Special assessment. Where a benefit assessment or
other similar tax levy is imposed upon the applicant and other landowners
similarly situated within a designated service area for the off-tract
improvements provided.
C. Installation by applicant. Where the applicant, if
legally permitted, can undertake the improvements in lieu of the Township,
subject to standards and to other conditions as may be imposed by
the Township.
D. Increase less than 5%. Where the proportionate increase
to the present system constitutes less than 5% of the system's capabilities.
Where a cash contribution or other financial
distribution is determined, the following criteria shall be utilized
in determining the proportionate share of such improvement to the
applicant:
A. Streets. For street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements not covered elsewhere, the construction of new streets
and other similar street or traffic improvements, the applicant's
proportionate cost shall be in the ratio of the estimated peak-hour
traffic generated by the proposed property or properties to the sum
of the present deficiency in peak-hour traffic capacity of the present
facility and the estimated peak-hour traffic generated by the proposed
development. The ratio thus calculated shall be increased by 10% for
contingencies.
B. Water. 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 or properties 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. 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
development or project. In the case where the peak flow from the proposed
development may occur during the peak flow period for the existing
system, the ratio shall be the estimated flow rate from the proposed
development, in gallons per minute, 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. For stormwater and drainage
improvements, including the installation, relocation or replacement
of transmission lines, culverts, catch basins and the installation,
relocation or replacement of other appurtenances associated therewith,
the applicant's proportionate cost shall be in the ratio of the estimated
peak surface runoff as proposed to be delivered into the existing
system, measured in cubic feet per second, to the sum of the existing
peak hour flow, in cubic feet per second, deficient for the existing
system and the estimated peak flow as proposed to be delivered. The
ratio thus calculated shall be increased by 10% for contingencies.