No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Township Engineer and as-built drawings have been supplied him, unless the applicant has complied with § 138-40 of this chapter.
The following improvements shall be installed by the applicant meeting the design standards of Article IV of this chapter, the requirements of the construction specifications of Article VII of this chapter, the construction details of this chapter, the standards and requirements of all applicable state, county and local laws: streets, street signs, sidewalks, curbs and/or gutters, compensatory planting, pedestrianways, shade trees, planted buffer areas, recreation and open space, water mains, culverts, storm sewers and sanitary sewers, monuments, underground wiring, fire hydrants, utility and drainage easements, off-site improvements and streetlighting.
[Added 3-16-1987 by Ord. No. 1987-3; amended 6-15-1987 by Ord. No. 1987-20]
A. 
There is hereby created a traffic improvement district consisting of 520 acres in the vicinity of Briggs Road and New Jersey Route 38 bounded and described as follows:
Beginning at the intersection of the center lines of Union Mill Road and Marter Avenue and proceeding northwest along the center line of Marter Avenue to its intersection with the southeast side of the New Jersey Turnpike; thence northeast along the southeast of said Turnpike to its intersection with the center line of Marne Highway; thence southeast along the center line of Mame Highway to its intersection with the center line of Hartford Road; thence south along the various courses of the center line of Hartford Road to the center line of Union Mill Road; thence northwest and thence southwest along the various courses of the center line of Union Mill Road to the point and place of beginning.
Containing 520 acres, more or less.
B. 
(Reserved for such other traffic improvement districts as may be designated by the Mayor and Township Council through an amendatory ordinance after recommendation by the Mount Laurel Township Planning Board by resolution.)
[Added 3-16-1987 by Ord. No. 1987-3]
All required improvements as delineated in § 138-38 that are made within a traffic improvement district shall conform to the traffic improvement plan adopted by the Planning Board for the District, which plan shall be designed and implemented in the following manner:
A. 
Preparation of traffic improvement plan. The Township Engineer, Township Planner and such other professional advisers as are available to the Planning Board shall, upon an area being designated as a traffic improvement district, design a traffic improvement plan which shall be submitted to the Board for approval, which plan shall delineate the most desirable manner for providing maximum traffic distribution along with the road network and other traffic improvement infrastructure as may be required to best handle said traffic. The traffic improvement plan shall be designated on a maximized buildout basis. For the purpose of this chapter, "maximized buildout" shall be that computation of trip generations made on the basis that each tract of undeveloped land within the traffic improvement district is developed at that conforming use that will provide the highest trip generation. Trip generation computations shall be made through the use of the latest standards used by the publications of the Institute of Transportation Engineers for the peak morning and afternoon hours as well as trip distribution and assignment, capacity analysis, traffic impacts and proposed improvements that will mitigate the traffic impacts.
B. 
Projected off-site improvement costs for developments within traffic improvement district. The Township Engineer, Township Planner and such other professional advisers as are available to the Planning Board, shall prepare a preliminary cost projection for all off-site improvements that will have to be provided to handle area traffic within a ten-year period should the traffic improvement district be fully developed consistent with the standard used by the traffic improvement plan. Said cost projection shall be distributed to each owner of undeveloped land within the traffic improvement district by the Township Engineer within 10 days after such is completed. Any owner of undeveloped land shall have the opportunity to be heard before the Board at the first Planning Board held more than 20 days after distribution of the cost projection for the district upon written request by said property owner. Said request shall be made to the Secretary of the Board at least 10 days prior to the meeting where the owner wishes to be heard. At that hearing, the property owner shall be permitted to introduce testimony and submit proofs as to the alleged errors in the cost projection. As to all issues raised by the owner, he shall have the burden of proof.
C. 
Computation of preliminary share of contribution of each property owner for off-site improvements to undeveloped lands. The preliminary computation of the share allocated to each undeveloped property within a traffic improvement district for off-site improvements shall be computed as follows:
(1) 
The Township Engineer, Township Planner or such other professional advisers as are available to the Planning Board, shall compute the background traffic which shall consist of that traffic that is not generated by the various developments and property owners or users within the traffic improvement district. Said background traffic shall be offset against the computation and shall not be allocated for contributions by the various property owners within the traffic improvement district.
(2) 
The balance of the traffic that is projected as using the road network and other infrastructure as set forth in the traffic improvement plan for that district after the deduction of the background traffic shall be prorated against the various properties on the basis of the trips generated for each property on a maximum use computation in terms of intensity permitted by the Zoning Ordinance for that property as against the total trip generation for the district. Each property owner of undeveloped land, once his projected share of the off-site improvements is determined under § 138-38.2C of this chapter, shall be distributed a copy of said computation being made. Upon any application for development of said tract, the applicant shall be presumed to be liable for the off-site improvements as computed absent a showing by the applicant that he, she or it is entitled to credits against said share as herein set forth in Subsection E of this section.
D. 
Computation of credits against the allocated share of each property owner.
(1) 
Extraordinary improvements. Any applicant who builds an extraordinary improvement as determined by the Township Engineer, Township Planner or such other professional advisers as are available to the Planning Board, at the applicant's sole cost and expense, shall be entitled to an offset against his share of the off-site improvements for the cost of said extraordinary improvements, provided that it is determined by the Planning Board that said improvement was required in order to implement the traffic improvement plan for that district. Extraordinary improvements shall include, but not be limited to, the building of culverts on property other than the applicant's and the providing of land and jughandles and such other improvements as would not be required in order to expeditiously handle the traffic engendered by the applicant's development of his property. In no case shall the term "extraordinary improvement" be interpreted as including roads constructed within the property of a particular applicant or improvements made to roads that are adjacent to the subject premises or to traffic controls, traffic lights or other improvements in or adjacent to the property owners property which are designed wholly or in part for the handling of traffic engendered by that applicant's facilities.
(2) 
Proof of nonmaximized buildout. Each applicant shall have the right to produce proof before the Planning Board that said applicant is not building at the maximized buildout in terms of trip generation. Any applicant who satisfied his burden of proof of establishing that he is dedicating a portion of his property for uses other than that which would produce the maximum trip generation shall be entitled to a credit against his prorated share of the off-site improvements as hereinabove computed for 80% of the reduction in trip generation established through his using a less intense use in terms of traffic of his property or a particular portion of his property. Each lot within the applicant's premises shall be treated as a separate unit for the purpose of computing this credit. The payment of said contribution shall be a condition of any resolution granting final site plan or subdivision approval to the applicant. Actual payment of the contribution shall be made to the Township Treasurer pursuant to the provisions of § 138-39D(2) of the Code of Ordinances of Mount Laurel Township.
(3) 
Determination of final contribution. Upon the determination of the credits that the applicant is entitled to pursuant to Subsection E(1) and (2) above, the applicant's final contribution for off-site improvements will be determined by the Board and said amount shall be paid to the Township Treasurer pursuant to § 138-39D which shall be paid before final site plan approval is granted.
[Added 11-19-1973 by Ord. No. 1973-8]
A. 
Prior to the granting of final approval of all subdivisions hereinafter submitted to the Planning Board for final approval, the subdivider shall have installed or made cash payments toward or submitted a bond or letter of credit or other security instruments satisfactory in form and amount to the Township Solicitor for the ultimate installation of off-site improvements, such as but not limited to streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and streetlights, in accordance with the standards set forth in this chapter governing on-site improvements.
B. 
Off-site improvements herein shall include but not be limited to installation of new improvements and extensions and modifications of existing improvements which extend beyond the outbound limits of the parcel for which application has been made.
C. 
The allocation of costs shall be determined in accordance with the following:
(1) 
The Planning Board shall consider the total cost of the off-site improvements, the benefits conferred upon the subdivision, the needs created by the subdivision, population and land use projections for the general areas of the subdivision and other areas to be served by the off-site improvements, the estimated time of construction of off-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The Planning Board may further consider the criteria set forth below.
(2) 
Road, curb, gutter and sidewalk improvements shall be based upon the anticipated increase of traffic generated by the subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the subdivision and the anticipated benefit thereto.
(3) 
Drainage facilities shall be based upon and determined by the drainage created by or affected by a particular project and considering:
(a) 
The percentage relationship between the subdivision acreage and the acreage of the total drainage basin.
(b) 
The use of a particular site.
(c) 
The amount of area to be covered by impervious surfaces on the site itself.
(d) 
The use, condition or status of the remaining area in the drainage basin.
(4) 
Sewerage facilities shall be based upon the proportion that the subdivision's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the subdivision. Also considered shall be the types of effluent and particular problems requiring special equipment or adding costs for sewage collection as determined by the Municipal Utilities Authority.
(5) 
Distribution facilities shall be based upon the added facilities required by the total anticipated water use requirement of the tract as determined by the Municipal Utilities Authority.
D. 
Disposition of moneys.
(1) 
All moneys received by the municipality in accordance with the provisions of this section shall be paid to the Municipal Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose unless such improvements are not initiated for a period of 10 years from the date of payment, after which time said funds shall be transferred to the capital improvements fund of the municipality.
(2) 
All moneys received by the municipality under § 138-38.2D(2) if Chapter 138 of the Code of Ordinances of the Township of Mount Laurel shall be paid to the Municipal Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose unless such improvements are not initiated for a period of 10 years from the date of payment. After the expiration of said ten-year period, any balance remaining in said account which has been received from a property owner in a traffic improvement district shall be deposited in a special account that shall be used only for traffic improvements constructed within the Township of Mount Laurel.
[Added 3-16-1987 by Ord. No. 1987-3]
E. 
The apportionment of costs shall be determined by the Planning Board. The subdivider shall be afforded an opportunity to a public hearing before said Board to present evidence relative thereto.
F. 
Any off-site and/or off-tract stormwater management and drainage improvements must conform to the design standards described in this plan and provided for in this Chapter 138 of the Mount Laurel Township Code.
[Added 5-21-2007 by Ord. No. 2007-6[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection F as Subsection G.
G. 
Nothing in this section of this chapter shall preclude the municipality from assessing any property benefiting from installation of any off-site improvements as provided in this Article pursuant to the provisions of the Revised Statutes of New Jersey, allowance being made to the respective parcel of realty for payments herein.
With the exception of Public Utilities Commission regulated installations, all improvements shall be subject to inspection and approval by the Township Engineer and Municipal Utilities Authority Engineer, where applicable, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved. All the above improvements (§§ 138-38 and 138-39) shall meet the design standards specified in Article IV of this chapter, the construction specifications of Article VII of this chapter, the construction details of this chapter and, if not specified herein, the engineering specifications of the New Jersey State Highway Department and the Township Engineer. Evidence that the above improvements are installed and comply with the design standards of Article IV and the construction specifications of the Township shall be certified in writing by the Township Engineer.
A. 
If all required improvements have not been certified to the Planning Board by the Township Engineer and/or the required drawings have not been supplied, the subdivision owner shall have filed with the municipality a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Municipal Attorney. The performance guaranty shall be approved by the Municipal Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board but, in no case, for a term of more than 24 months.
B. 
When all of the necessary and appropriate improvements have being completed, the obligor shall notify the Township Manager, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Manager shall direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the municipal governing body, which report shall be detailed and shall indicate either approval, partial approval or rejection. If said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said report indicates partial approval of said improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.
C. 
The municipal governing body shall accept or reject the improvements, grant partial approval or withhold approval, on the basis of such report, and shall notify the obligor, in writing, by certified or registered mail, of the contents of said report and the action of said municipal governing body with relation thereto not later than 180 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the improvements not yet approved.
D. 
If the municipal governing body fails to send such notification to the obligor within 180 days, the obligor may notify the governing body, in writing, by certified or registered mall, with a copy thereof sent to the Township Engineer, that the failure of the governing body to provide the obligor with such notification within 60 days hence shall constitute approval of the improvements. Within 60 days after receipt of this warning notice, the governing body shall send such notification of the contents of the report and its action with relation thereto to the obligor, by certified or registered mail. Failure of the governing body to send or provide such notification to the obligor within 60 days of receipt of said warning notice shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to its performance guaranty bond.
E. 
If any portion of said improvements shall not be approved or shall be rejected by the municipal governing body, the obligor shall cause the same to be completed, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
F. 
Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question by legal proceedings, or otherwise, any determination of the municipal governing body or the Township Engineer.
The municipality may also require a maintenance guaranty for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 10% of the cost of the improvement or of the cost of the original installation.