This article is intended to ensure a pro rata
share allocation of the costs for off-tract improvements necessitated
by new development.
A.
As a condition of final subdivision or site plan approval,
the Planning Board may require an applicant to pay his/her pro rata
share of the cost of providing reasonable and necessary circulation
improvements, and water, sewerage, and drainage facilities, including
land and easements, located off tract of the property limits of the
subdivision or development but necessitated or required by the development.
"Necessary" improvements are those clearly, directly, and substantially
related to the development in question. The Planning Board shall provide
in its resolution of approval the basis of the required improvements.
The capacity and design of proposed improvements shall be based upon
the circulation plan element and utility service plan element of the
adopted Master Plan. The proportionate or pro rata amount of the cost
of such facilities within a related or common area shall be based
on the following criteria.
B.
All cost allocations provided to the developer at
the time of final approval shall be estimates only. Such estimate(s)
may change as exact costing details become available, provided that
they become available before the developer makes the payment. Once
payment in accordance with the estimate has been made, the cost allocation
to the developer shall not be increased. If subsequent costing details
reveal that the estimates exceed the costing details, the difference
shall be refunded to the developer.
C.
The extent of all future improvements shall be determined
by the Township Committee.
A.
Full allocation. In cases where off-tract improvements
are necessitated by the proposed development, and where no other property
owner(s) receive(s) a special benefit thereby, the applicant may be
required at his sole expense and as a condition of approval, to provide
and install such improvements.
B.
Proportionate allocation.
(1)
Where it is determined that properties outside the
development will also be benefited by the off-tract improvement, the
following criteria shall be utilized in determining the proportionate
share of the cost of such improvements to the developer.
(2)
Allocation formula:
(a)
Sanitary sewers. The applicant's proportionate
share of distribution facilities including the installation, relocation
or replacement of collector, trunk and interceptor sewers, appurtenances,
any land acquisition, and other related costs associated therewith,
shall be computed as follows:
[2]
The Municipal Engineer shall provide the applicant
with the existing and reasonably anticipated peak hour flows as well
as capacity limits of the affected sewer system.
[3]
If the existing system does not have adequate
capacity to accommodate the applicant's flow given existing and reasonably
anticipated peak hour flows, the pro rata share shall be computed
as follows:
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(b)
Water supply. The applicants proportionate share
of water distribution facilities including the installation, relocation,
or replacement of water mains, hydrants, valves, appurtenances, any
land acquisition, and other related costs associated therewith shall
be computed as follows:
[2]
The Municipal Engineer shall provide the applicant
with the existing and reasonably anticipated capacity limits of the
affected water supply system in terms of average demand, peak demand,
and fire demand.
[3]
If the existing system does not have adequate
capacity as defined above to accommodate the applicant's needs, the
pro rata share shall be computed as follows:
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(c)
Roadways. The applicant's proportionate share
of street improvements, alignment, channelization, barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements covered elsewhere, the construction or reconstruction
of new or existing streets, other associated street or traffic improvements,
any land acquisition, and other related costs shall be as follows:
[1]
The Municipal Engineer shall provide the applicant
with the existing and reasonably 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 and the proportion thereof
which is to be accommodated by the proposed off-tract improvement.
The ratio of the peak hour traffic generated by the proposed development
which is to be accommodated by the off-tract improvement shall form
the basis of the proportionate share. The proportionate share shall
be computed as follows:
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[3]
Existing roads contiguous to the property are
the sole responsibility of the developer which shall reconstruct such
roadway to the center line and extend all related utilities through
the improved section.
[4]
Reconstruction of existing Township roads on
the opposite side of the center line deemed necessary by the Township
Engineer to assure roadway safety shall be the responsibility of the
developer along undeveloped frontage. If the adjoining property is
developed within a period of 10 years, the developer shall be reimbursed
for cost of the widening beyond the center line.
(d)
Drainage improvements. The developer's proportionate
share of stormwater and drainage improvements including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, riprap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities,
appurtenances, any land acquisition, and other related costs associated
therewith, shall be determined as follows:
[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 Municipal Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Municipal
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
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Where the proposed off-tract improvement is
to be undertaken at some future date, the monies required for the
improvement shall be deposited in an interest-bearing account to the
credit of the municipality in a separate 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.
The developer may request to participate in
a regional detention system instead of meeting the stormwater detention
obligation on site. If the Township Engineer recommends approval of
the request and the governing body grants such approval, the developer
shall contribute a nonrefundable amount equal to the cost of providing
on-site detention. Such contribution shall include costs for land,
design, construction and maintenance as approved by the Township Engineer.
Said amount shall be posted with the Township at final approval.
As a condition of final approval, the developer
shall enter into a developer's agreement with the municipality which
shall include the conditions, formula and costs for the proposed off-tract
improvement.
