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:
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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.
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Containing 520 acres, more or less.
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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]
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.
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.