A.
Compliance. Any subdivision or site plan requiring
off-tract improvements, as defined herein, shall comply with the provisions
of this section.
B.
Defined. An off-tract improvement shall be one or
more required improvements which are necessary for the successful
completion of a development in the interest of furthering the public
health, safety and general welfare and where such improvements are
located off-tract.
C.
When required. An off-tract improvement shall be required
where either the existing facilities serving the area or subarea are
already operating at a deficient level of service or where the inclusion
of a new development will make such present levels of service deficient,
according to engineering standards utilized in determining such levels
of service.
D.
Contribution. The proportionate contribution of any
such off-tract improvement to the applicant shall be reasonably related
to the relative benefit or use of the total area so served.
E.
Type of improvements. Under the conditions of this Part 2, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater drainage distribution facilities and all necessary appurtenances thereto, utility easements, new or improved streets, right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic factors which are directly related to the property or properties in question.
A.
Considerations. Each subdivision or site plan requiring
Planning Board action shall be subject to a determination and finding
as follows:
(1)
That certain off-tract improvements are or are not
necessary to implement such subdivision or site plan.
(2)
That, in instances where off-tract improvements are
required, the terms and conditions which shall be imposed upon the
applicant shall ensure the successful and reasonable implementation
of the same.
B.
Standard of regulations. Regulations governing off-tract
improvements shall be based upon circulation and comprehensive utility
plans pursuant to the adopted Master Plan by the Planning Board or
adopted utility or circulation plans of the Township of Chester or
other governmental or utility authority.
C.
Procedure to require. In the event that the Planning
Board determines that one or more improvements require off-tract improvement,
the Planning Board, by resolution, shall notify the Township Council
of the same, specifying the Board's recommendation relative to the
estimated cost of the same, the owner or developer's pro rata share
of the cost and possible methods or means to implement the same, including
but not limited to performance and maintenance guaranties, cash contributions,
development agreements and other forms of surety.
D.
Payment under protest. Where an applicant pays the
amount determined as the pro rata share under protest, he/she or she
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.
E.
Limitation of action. The Planning Board shall not
take any final action on a preliminary subdivision or site plan until
all aspects of such conditions have been mutually agreed to by both
the applicant and the Township Council and a written resolution to
that effect by the Township Council has been transmitted to the Planning
Board.
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.
A.
Where deposited. Where a cash contribution is required,
such contribution shall be deposited with the Treasurer of Chester
Township, with transmittal letters forwarded to the Township Council,
the Township Engineer and the Planning Board.
B.
Escrow account. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the owner of record of such properties, provided that the conditions specified in § 113-99 do not exist. Where such conditions do exist, funds held in escrow will be returned as soon as practical to the owner of record of such properties.
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.
