This article is intended to ensure a pro rata
allocation of the costs for off-tract improvements necessitated by
new development.
As a condition of final subdivision or site
plan approval, the reviewing board may require an applicant to pay
his pro rata share of the cost of providing reasonable and necessary
off-tract improvements. These costs may include but, are not limited
to, the costs of street improvements, water, sewerage and drainage
facilities, and easements therefor, located outside the property limits
of the development but necessitated or required by construction or
improvements within such development. The proportionate or pro rata
amount of the cost of such facilities that shall be borne by each
developer or owner within a related or common area shall be based
on the criteria established herein.
Full allocation: In cases where the reasonable
and necessary off-tract improvement or improvements are necessitated
or required by the proposed development, and where no other property
owners receive a special benefit thereby, the applicant may be required,
as a condition of approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were an on-tract improvement
in the manner provided hereafter and otherwise provided by law.
In cases where the need for any off-tract improvement
is necessitated by the proposed development application, and where
it is determined that properties outside of the development will also
be specially benefitted by the improvement, the following criteria
shall be utilized in determining the proportionate share of such improvements
to the developer.
A.
Sanitary sewers. For distribution facilities including
the installation, relocation or replacement of collector, trunk and
interceptor sewers, and the installation, relocation or replacement
of other appurtenances associated therewith, the applicant's proportionate
share shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer
system shall be based on "Rules and Regulations for the Preparation
and Submission of Plans for Sewerage Systems," New Jersey Department
of Environmental Protection, except where governed by the Residential
Site Improvement Standards, N.J.A.C. 5:21-6, and all Elk Township
sewer design standards including infiltration standards, and all other
Township sanitary sewer standards.
(2)
The capacity of the existing system to service the
entire improved drainage area shall be computed. If the system is
able to carry the total developed drainage basin, no improvement or
enlargement cost will be assigned to the developer. If the existing
system does not have adequate capacity for the total developed drainage
basin, the prorated enlargement or improvement share shall be computed
as follows:
|
Total enlargement or improved cost
|
=
|
Total tributary gpd.
| |
|
Developer's cost
|
Development gpd.
|
(3)
If it is necessary to construct a new system in order
to service the proposed development, the prorated enlargement share
to the developer shall be computed as follows:
|
Total project cost
|
=
|
Total tributary gpd. to new system
| |
|---|---|---|---|
|
Developer's cost
|
Developer's tributary gpd.
|
(4)
The plans for the improved system or extended system
shall be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
B.
Roadways. For street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction or reconstruction of new or
existing streets and other associated street or traffic improvements,
the applicant's proportionate cost shall be computed as follows:
(1)
The Township Engineer or Planner shall provide the
applicant with the existing and anticipated future peak hour flows
for the off-tract improvement.
(2)
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. The ratio of the peak
hour traffic generated by the proposed development 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:
|
Developer's cost
|
=
|
Total cost of the off-tract improvement
|
X
|
Future peak hour traffic generated by the developer
(%)
Future additional peak hour traffic
|
C.
Drainage improvements. For stormwater and drainage
improvements including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, rip-rap or improved
drainage ditches and appurtenances thereto and relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
the applicant's proportionate share shall be determined as follows:
(1)
The capacity and the drainage system design to accommodate
stormwater runoff shall be based on a method described in "Urban Hydrology
for Small Watershed Technical Release 55," Soil Conservation Service
USDA, current issue, computed by the developer's engineer and approved
by the Township Engineer.
(2)
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 Township Engineer. The plans for
the improved system shall be prepared by the developer's engineer
and the estimated cost or the enlarged system shall be calculated
by the Township Engineer. The prorated share for the proposed improvement
shall be computed as follows:
|
Total enlargement or improved
cost of drainage facilities
|
=
|
Total tributary cfs
| |
|
Developer's cost
|
Developer's cfs
|
Where the proposed off-tract improvement is
to be undertaken at some future date, the monies required for the
improvement shall be deposited to the credit of the Township in a
separate interest-bearing account until such time as the improvement
is constructed. If the off-tract improvement is not begun within 10
years of deposit, all monies and interest shall be returned to the
applicant.
In any case in which an applicant does not provide
the approving authority with estimates from a traffic consultant and/or
consulting engineer regarding estimated improvement costs and all
other information necessary to proportion costs, the approving authority
may rely on estimates of the Township Engineer and Planner to determine
pro rata costs.
