[Amended by Ord. No. 2000-18]
This article is intended to ensure a pro rata
share 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 or her pro rata share of the cost of providing reasonable and
necessary off-tract improvements directly related to the development.
These costs may include the acquisition of land and/or easements for,
and construction of, improvements to traffic and pedestrian circulation,
water, sewerage and drainage facilities, and shade trees that are
located off-tract of the property limits of the subdivision or development.
This contribution is required because the improvements are necessitated
or required directly by the development. In addition, a development
may be liable for its share of the cost of the impact of the development
to Township and/or regional capital improvements, provided that the
cost shall not duplicate off-tract improvements for which the applicant
is primarily responsible. The reviewing board shall provide in its
resolution of approval the basis of the required improvements.
A.
Full allocation. In cases where off-tact 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 or her sole expense and as a condition of approval,
to provide and install such improvements. In such case where the reviewing
board determines that the full improvement is required to service
this development, the applicant shall fully install the entire improvements
at his or her expense with no reimbursement.
B.
Proportionate allocation.
(1)
Where it is determined that some properties outside
the development will also be benefited by the off-tract improvements,
the following criteria shall be utilized in determining the proportionate
share of the cost of such improvements to the applicant.
(2)
Allocation formula.
(a)
Traffic and circulation. The applicant's proportionate
share of street improvements, alignment, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets, and other associated street or traffic
improvements shall be as follows:
[1]
The Municipal Engineer, Traffic Engineer or
Planner shall provide the applicant with the existing and reasonably
anticipated future peak hour traffic 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 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:
|
Total cost of enlargement
or improvement
Applicant's cost
|
Capacity of enlargement
or improvement
(peak-hour traffic)
Development peak-hour traffic to be
accommodated by the enlargement or improvement
|
(b)
Drainage improvements. The applicant's proportionate
share of stormwater and drainage improvements, including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, rip-rap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities or
appurtenances associated therewith, shall be determined as follows:
[1]
The capacity and the design of the drainage
system to accommodate stormwater runoff shall be based on the standards
specified in this section, computed by the applicant's engineer and
approved by the Municipal Engineer.
[2]
The capacity of the enlarged, extended, or improved
system shall be determined by the applicant's engineer subject to
approval of the Municipal Engineer. The plans for the improved system
shall be prepared by the applicant'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:
|
Total cost of enlargement
or improvement
Applicant's cost
|
Capacity of enlargement
or improvement
(total capacity expressed
in cubic feet per second)
Development-generated peak rate of
runoff expressed in cubic feet per second to be accommodated by the
enlargement of improvement
|
(c)
Other improvements, other criteria. The reviewing
board may also use any reasonable criteria to determine the proportionate
share of such improvements as it feels are necessary to protect the
health, safety and general welfare of the Township which are reasonable
and necessary off-tract improvements directly related to the proposed
development.
Where the proposed off-tract improvement is
to be undertaken at some future date, the monies required for the
improvement shall be deposited in a separate interest-bearing account
to the credit of the Township of Delran 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.
Upon receipt from the applicant of its allocated
share of the costs of the off-tract improvements, the Township may
adopt a local improvement assessment ordinance for the purpose of
construction and installation of the off-tract improvements, based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a deposit by the applicant may be assessed against
benefiting property owners by the Township. Any assessments for benefits
conferred made against the applicant or its successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Township pertaining thereto. The
applicant or its successors in interest shall not be liable for any
part of an assessment for such improvements unless the assessment
exceeds the pro rata share credit previously deposited, and then only
to the extent of the deficiency.
In the event that the applicant, with the Township's
consent, decides to install and construct the off-tract improvements
or any portion thereof, the certified cost shall be treated as a credit
against any future assessment for that particular off-tract improvement
or portion thereof constructed by the Township in the same manner
as if the applicant had deposited its proportionate cost with the
Township, as provided herein.
At the discretion and option of the Township
and with the consent of the applicant, the Township may enter into
a contract with the applicant providing for the installation and construction
of off-tract improvements by the applicant upon contribution by the
Township of the remaining unallocated portion of the cost of the off-tract
improvement.
[Amended 5-23-2006 by Ord. No. 2006-6]
Should the applicant and the Township enter
into a contract for the construction and erection of the off-tract
improvements to be done by the applicant, the applicant shall observe
all requirements and principals of this article in the design of such
improvements and conform to the New Jersey Stormwater Management Rules.
