As a condition of final subdivision or site
plan approval, the Planning/Zoning Board may, in accordance with the
provisions of N.J.S.A. 40:55D-42 require an applicant to pay his or
her pro rata share of the cost of providing reasonable and necessary
street improvements and 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.
In cases where the reasonable and necessary
need for an off-tract improvement or improvements is necessitated
or required by the proposed development application 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 benefited by the improvement, the following criteria shall be utilized
in determining the proportionate share of such improvements to the
developer.
A. Sanitary sewers. 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, NJDEP and all South
Harrison Township sewer design standards, including infiltration standards,
and all other Township stormwater drain 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
Developer's cost
|
=
|
Total tributary gpd
Development gpd
|
|
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
Developer's cost
|
=
|
Total tributary gpd to new system
Development tributary gpd
|
|
The plans for the improved system or extended
system shall be prepared by 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 proportionate cost shall be as follows:
(1)
The applicant shall be required to determine
the existing and anticipated future peak hour flows based on a traffic
impact study prepared as part of the application.
(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 X
improvement
|
Future peak-hour traffic
generated by the
(%) future additional
peak-hour traffic.
|
(3)
Where the property which is the subject matter of a development application falls within a designated transportation improvement district, as reflected in the Circulation Element of the Township Master Plan, the standards to be applied shall be in accordance with §
90-4.16.
C. Drainage improvements. For stormwater and drainage
improvements including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, riprap or improved
drainage ditches and appurtenances thereto and relocation or replacement
of other storm drainage facility or appurtenances associated therewith,
the applicant's proportionate share shall be determined as follows:
(1)
The capacity and the design of the drainage
system to accommodate stormwater runoff shall be based on a method
described in Urban Hydrology for Small Watershed Technical Release
55, Soil Conservation Service USDA, January 1975 as amended, 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 calculated by the Township
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
|
Total enlargement or
improvement cost
of drainage facilities
Developer's cost
|
=
|
Total tributary cfs
Development cfs
|
Where the proposed off-tract improvement is
to be undertaken at some future date, the moneys required for the
improvement shall be deposited to the credit of the Township 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 moneys and interest shall be returned to the applicant.
In any case in which an applicant shall not
provide the approving authority with the estimates of a traffic consultant
and/or consulting engineer with regard to estimated improvement costs
and all other information necessary to proportion costs, the approving
authority may rely on the estimates of the Township Engineer in order
to pro rata costs.