[HISTORY: Adopted by the Township Council
(now Township Committee) of the Township of Oxford 12-29-1978 by Ord. No.
78-15 (Ch. 71 of the 1974 Township Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Oxford Township Off-Tract Improvement Ordinance of 1978."
The following words or terms shall have the
meanings indicated where used herein:
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 265, Site Plan Review, Chapter 298, Subdivision of Land, or Chapter 340, Zoning.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
A.
Every developer making application for development
which requires or will benefit from the installation of off-tract
sanitary sewerage, storm drainage or street improvements shall contribute
to a fund hereinafter established for the construction of the off-tract
facilities.
B.
Contributions shall be made for each improvement.
The amount thereof shall be determined as follows:
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Contribution = Pro Rata Share x Estimated Cost
of Facility
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C.
Sanitary sewerage. Contributions for off-site sanitary
sewerage shall be for both the transportation of sewage and for the
treatment thereof.
(1)
The pro rata share shall be determined as follows:
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Flow From Development
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Pro Rata Share =
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Capacity of Off-Tract Facility
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These parameters shall be quantified as follows:
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(a)
"Flow From Development," in gallons per day,
shall be equal to the flow determined in the engineer's report made
a part of the New Jersey Department of Environmental Protection's
sanitary sewer construction permit.
(b)
"Capacity of Off-Tract Facility," in gallons
per day, shall be equal to the flow determined in the engineer's report
made a part of the New Jersey Department of Environmental Protection's
sanitary sewer construction permit, or, if the facility is part of
a proposed facility, it shall be the capacity of the facility stated
in the Comprehensive Utility Plan Segment of the Master Plan.
(2)
The estimated cost of the facility, in dollars, shall
be as determined by the Township Engineer at the time of the first
contribution for the improvement thereof. The Township Engineer shall
prepare a detailed cost estimate thereof and shall file copies in
the Township Clerk's office. The estimate shall include the current
value of the United States Environmental Protection Administration
construction cost index for sewer construction or sewage treatment
plant construction, as the case may be, or, if such is unavailable,
the current value of the Engineering News Record construction cost
index. This shall be the base cost index. Contributions by other developers
at a later date shall then be based on the original cost estimate,
which shall be adjusted by the ratio of the latest cost index to the
base cost index at the time of preparation of the estimate. For the
purposes of cost index adjustments, pumping stations and appurtenances
shall be considered as treatment plants, and force mains therefor
shall be considered as sewers.
D.
Storm drainage. Contribution for off-tract storm drainage
shall be for stormwater pipes, culverts, channels and detention basins.
(1)
The pro rata share shall be determined as follows:
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Developed Runoff – Existing Runoff
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Pro Rata Share =
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Capacity of Facility
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The parameters shall be quantified as follows:
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(b)
"Developed Runoff," in cubic feet per second,
shall be the peak runoff from the tract for a one-hundred-year storm
subsequent to development.
(c)
"Existing Runoff," in cubic feet per second,
shall be the peak runoff from the tract for a one-hundred-year storm
prior to development.
(d)
"Capacity of Facility" shall be from the Utility
Plan Segment of the Master Plan, except that, in the case of a contribution
for an off-tract detention pond, it shall be the peak rate of stored
inflow of the detention basin required at the point of discharge into
the outfall channel.
(2)
The estimated cost of the facility, in dollars, shall
be as determined by the Township Engineer at the time of the first
contribution for the improvement thereof. The Township Engineer shall
prepare a detailed cost estimate thereof and shall file copies in
the Township Clerk's office. The estimate shall include the current
value of the Engineering News Record construction cost index. This
shall be the base cost index. Contribution by other developers at
a later date shall then be based on the original cost estimate, which
shall be adjusted by the ratio of the latest cost index to the base
cost index at the time of preparation of the estimate.
E.
Street improvements. Contribution for off-tract street
improvements shall be for improvements required by the traffic generated
from the development.
(1)
The pro rata share shall be determined as follows:
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Traffic Demand
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Pro Rata Share =
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Capacity of Proposed Facility
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The parameters shall be quantified as follows:
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(a)
"Traffic Demand" shall be the total daily traffic generated by the facility as required to be submitted by Chapter 265, Site Plan Review, and Chapter 298, Subdivision of Land, of the Oxford Code, with truck and bus generations adjusted to passenger equivalents by methods stated in the Highway Capacity Manual.
(b)
"Capacity of Proposed Facility" shall be the
level of Service C capacity, which shall be considered as follows:
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Street Classification
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Vehicles per Day
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Major collectors (four-lane)
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10,000
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Minor collectors (two-lane)
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6,000
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Local streets
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800
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(2)
The estimated cost of the facility, in dollars, shall
be as determined by the Township Engineer at the time of the first
contribution for the improvement thereof. The Township Engineer shall
prepare a detailed cost estimate thereof and shall file copies in
the Township Clerk's office. The estimate shall include the current
value of the Engineering News Record construction cost index. This
shall be the base cost index. Contribution by other developers at
a later date shall then be based on the original cost estimate, which
shall be adjusted by the ratio of the latest cost index to the base
cost index at the time of preparation of the estimate.
A.
If a developer constructs off-tract improvements as
part of a development, he shall be entitled to reimbursement of the
cost of the improvement, less the cost of such developer's pro rata
share. In no event shall a developer receive as reimbursement an amount
in excess of the total of all amounts heretofore contributed pursuant
to this chapter for a specific off-tract improvement.
B.
If the improvement is undertaken by the Municipality,
it shall withdraw from the improvement fund the amount necessary to
construct the facility; provided, however, that it may do so at the
beginning of the fiscal year in which the improvement is scheduled
to be made; provided, further, however, that the Municipality shall
not exceed the amounts for the specific improvement set aside in the
fund.
C.
Nothing in this chapter shall be construed to require
the Township of Oxford to construct any improvement within any specified
time. In the event that a decision is made by the Township Committee
not to construct an improvement for which funds have been contributed,
the developer shall be entitled to the return of its contribution.
A.
There shall be established by the Treasurer of the
Township of Oxford an interest-bearing trust fund entitled "Off-Tract
Improvement Fund," into which contributions as assessed above shall
be deposited and from which construction costs, as defined above,
shall be withdrawn.
B.
The Treasurer shall maintain separate accounts for
each specific improvement to which a contribution has been made and
shall record by whom and in what amount each contribution was made
for each improvement.
C.
The Treasurer shall apportion interest earned on the
account to each fund as its balance relates to the total balance.
D.
If a balance remains subsequent to the completion
of an improvement, any developer who has contributed to the fund for
that specific improvement shall be entitled, provided that a petition
is made within one year, to have refunded an amount equal to such
developer's pro rata share of the remaining balance. Any moneys remaining
which have not been refunded shall be reappointed to the remaining
accounts.
