A.
Purpose. This section is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
B.
Definitions and principles. As a condition of 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.
C.
Cost allocation.
(1)
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.
(2)
Proportionate allocation.
(a)
Where it is determined that properties outside the development
will also be benefitted 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.
(b)
Allocation formula.
[1]
Sanitary sewers. The applicant's proportionate share of distribution
facilities, including the installation, relocation or replacement
of collector, trunk and interceptor sewers, and appurtenances associated
therewith, shall be computed as follows:
[b]
The Board or Township Engineer shall provide the
applicant with the existing and reasonably anticipated peak hour flows
as well as capacity limits of the affected sewer system;
[c]
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:
|
Total cost of enlargement
or improvement cost
Developer's cost
|
=
|
Capacity of enlargement
or improvement
(gallons per day-gpd)
Development-generated gallons per day to be accommodated by
the enlargement or improvement
|
[2]
Water supply. The applicant's proportionate share of water distribution
facilities, including the installation, relocation, or replacement
of water mains, hydrants, valves and appurtenances associated therewith,
shall be computed as follows:
[b]
The Board or Township 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;
[c]
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:
|
Total cost of enlargement
or improvement cost
Developer's cost
|
=
|
Capacity of enlargement
or improvement
(gallons per day-gpd)
Development-generated gallons per day to be accommodated by
the enlargement or improvement
|
[3]
Roadways. 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:
[a]
The Board or Township Engineer shall provide the
applicant with the existing and reasonably anticipated future peak
hour-flows for the off-tract improvement;
[b]
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 cost
Developer's cost
|
=
|
Capacity of enlargement
or improvement
(peak-hour traffic)
Development peak-hour traffic to be accommodated by the enlargement
or improvement
|
[4]
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, riprap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities or
appurtenances associated therewith, shall be determined as follows:
[b]
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 Board or Township 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 Board or Township Engineer. The prorated share for the proposed
improvement shall be computed as follows:
|
Total cost of enlargement
or improvement cost
Developer'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 or improvement
|
[5]
Town Center roadways. In addition to any other municipal roadway improvement for which contribution may be required by § 330-133C(2)(b)[3], certain developments shall be responsible for a contribution to anticipated municipal roadway improvements in the Town Center. The criteria for a establishing the amount of contribution shall be as follows:
[Added 8-26-2002 by Ord.
No. 02-28]
[a]
All development on properties located within the
following zone districts: the entire Town Center (TC); that portion
of Office Professional (C-3) adjacent to Route 94; that portion of
Commercial Recreation (CR) adjacent to Route 94; and that portion
of General Business/Shopping Center (C-2) adjacent to and north of
Route 94, as shown on the attached map entitled "Portion of Zone Map
Showing Town Center Traffic Control Improvement Area," shall be required
to make a pro rata contribution to Town Center improvements to be
determined by the Planning Board or Zoning Board of Adjustment, as
the case may be, at the time of either general development plan, preliminary
or final approval of an application for development. The MSCD Overlay
Zone created by Ordinance No. 03-18 shall remain in full force and
effect.
[Amended 6-9-2003 by Ord.
No. 03-18; 9-22-2003 by Ord. No. 03-35]
[b]
Pro rata shares.
[Amended 6-9-2003 by Ord.
No. 03-18]
[i]
The pro rata share shall be calculated based upon
dollars per estimated vehicle trip, by taking the Township's total
construction cost (estimated at the time of the adoption of this ordinance
to be $2,470,000), as may be adjusted from time to time, divided by
the total increase in future volumes expressed in vehicle trips (estimated
at the time of the adoption of this ordinance to be 1,944 trips),
as may be adjusted from time to time. The computed dollars for estimated
vehicle trip shall be multiplied by the additional maximum peak hour
trips of the proposed development, and then further multiplied by
a factor of 60% or 100%. The 100% factor shall be applied to all development
on properties adjacent to the contemplated Town Center roads, and
the 60% factor shall be applied to all other contributing development.
The formula shall be:
|
(Township's total
construction cost)
(Total increase in
traffic volumes)
|
=
|
(Dollars per vehicle trip)
|
|
(Dollars per
vehicle trip)
|
x
|
(Additional
maximum peak
hour trips of
generator)
|
x
|
(60% or 100%)
|
=
|
(Amount of
contribution)
|
[ii]
Schedule F, Vernon Town Center Main Street Core
District, Fair Share Contribution, is incorporated herein and attached
hereto.[1] The pro rata shares as shown shall apply only in the Vernon
Town Center Main Street Core District (MSCD). In the MSCD the developer
shall pay his pro rata share based on the square footage cost rates
for the respective land use proposed as listed in Schedule F, Item
C. The Township Engineer shall make recommendations to the governing
body with reference to any adjustments to be made in the estimates
of land use areas or traffic rates in Schedule F, from time to time,
which estimates may be amended by resolution of the governing body.
Any such resolution shall be provided to the Planning Board, Zoning
Board of Adjustment, and any subsequent application for development
on properties which are subject to this provision.
[1]
Editor's Note: Schedule F is on file in the Township offices.
[c]
The initial estimates of construction cost and
traffic volumes are as appears in Schedule E incorporated herein and
attached hereto.[2] The Township Engineer shall make recommendations to the
governing body with reference to any adjustments to be made in the
estimates, from time to time, which estimates may be amended by resolution
of the governing body. Any such resolution shall be provided to the
Planning Board, Zoning Board of Adjustment, and any subsequent applicant
for development on properties which are subject to this provision.
[2]
Editor's Note: Schedule E, Estimated Total Municipal Construction Costs of Town Center Roadway Improvements, and Estimated Total Increase in Future Traffic Volumes, is included at the end of this chapter.
[d]
The peak hour trips of the contributing development
shall be determined by the Planning Board or Zoning Board of Adjustment,
as the case may be. The total number of trips per maximum peak hour
shall be determined by the use of the most current Trip Generation
Manual of the Institute of Traffic Engineers (ITE), or successor study,
and shall be based on the weekday p.m. peak hour period. In the event
the ITE does not provide adequate information on the proposed use,
the Board may determine the appropriate volume of traffic to be generated
based upon any competent information provided at the hearing on the
development application.
[e]
Payment of the contribution shall be made prior
to the issuance of a construction permit. In the event the development
is to be constructed in stages, or involves multiple buildings, the
contribution shall be paid proportionately prior to the issuance of
each construction permit.
D.
Escrow accounts. 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.
Before recording of a final subdivision plat, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Board may require and shall accept, for the purpose of assuring the installation of on-tract improvements, a performance guaranty in accordance with § 330-57A(1) and subject to § 330-59.
Before recording of a final subdivision plat, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Board may require and shall accept, for the purpose of assuring the installation of on-tract improvements, a maintenance guaranty in accordance with § 330-57A(2). The form and amount of such guaranty shall be subject to the provisions of § 330-58.
The Board and governing body may require a guaranty in the nature
of a restoration bond, or letter of credit for restoration purposes,
in favor of the Township, in an amount not to exceed 120% of the estimated
cost of site or tract restoration, to be determined by the Township
Engineer, to assure that a tract or site which has been disturbed
is thereafter restored to its original condition if and when a developer
fails to perform the approved development and when the governing body
determines that the public interest favors restoration of the tract
or site rather than performance of the development.
Inspection fees attributable to the services of the Township Engineer in connection with the provisions of §§ 330-134 through 330-136 and 330-57 shall be paid pursuant to and in accordance with § 330-57H. Inspection fees attributable to the services of the Board Engineer for inspection of improvements within the contemplation of N.J.S.A. 40:55D-53.2 shall be paid pursuant to and in accordance with § 330-139.
Whenever an amount of money in excess of $5,000 shall be deposited
by the applicant with the Township for professional services employed
by the Township to review applications for development, for municipal
inspection fees in accordance with Subsection h of N.J.S.A. 40:55D-53
or to satisfy the guaranty requirements of Subsection a of N.J.S.A.
40:55D-53, the money, until repaid or applied to the purposes for
which it is deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided in this section shall
continue to be the property of the applicant and shall be held in
trust by the Township. Money deposited shall be held in escrow. The
Township receiving the money shall deposit it in a banking institution
or savings and loan association in this state insured by an agency
of the federal government, or in any other fund or depository approved
for such deposits by the state, in an account bearing interest at
the minimum rate currently paid by the institution or depository on
time or savings deposits. The Township shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit. The Township
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to him by the Township annually or at the time the
deposit is repaid or applied to the purposes for which it was deposited,
as the case may be; except that the Township may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire
amount which shall be in lieu of all other administrative and custodial
expenses.
A.
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of this chapter. Such fees or charges shall be as provided in Schedule _____. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The Township or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection B of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a Township professional add any such charges to his bill. If the salary, staff support and overhead for a Township professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals, by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For any professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developments.
B.
The Township requires of the developer a deposit toward anticipated municipal expenses for these professional services. The deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1 and this article. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be as provided in Chapter 250, Fees and Escrows, Article II. For review of applications for development proposing a site plan, the amount of the deposit is based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites such as those containing drive-through facilities. Deposits for inspection fees are established in accordance with Subsection h of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).[1]
C.
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and for each date the
services performed, the hours spent to one-quarter-hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer on a monthly basis
in accordance with schedules and procedures established by the Chief
Financial Officer. If the services are provided by a Township employee,
the employee shall prepare and submit to the Chief Financial Officer
a statement containing the same information as required on a voucher,
on a monthly basis. The professional shall send an information copy
of all vouchers or statements submitted to the Chief Financial Officer
simultaneously to the applicant. The Chief Financial Officer shall
prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements,
and the cumulative balance of the escrow account. This information
shall be provided on a quarterly basis, if monthly charges are $1,000
or less, or on a monthly basis, if monthly charges exceed $1,000.
If an escrow account or deposit contains insufficient funds to enable
the Township or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer shall
provide the applicant with a notice of the insufficient escrow or
deposit balance. In order for work to continue on the development
or the application, the applicant shall, within a reasonable time
period, post a deposit to the account in an amount to be agreed upon
by the Township or approving authority and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
D.
The following close-out procedure shall apply to all deposits and
escrow accounts and shall commence after the approving authority has
granted final approval and signed the subdivision plat or site plan,
in the case of application review escrows and deposits, or after the
improvements have been approved as provided in N.J.S.A. 40:55D-53,
in the case of improvement inspection escrows and deposits:
(1)
The applicant shall send written notice by certified mail to
the Chief Financial Officer and the approving authority, and to the
relevant Township professionals, that the application or improvements,
as the case may be, are completed.
(2)
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer within 30 days and shall
send a copy simultaneously to the applicant.
(3)
The Chief Financial Officer shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bill.
(4)
Any balances remaining in the deposit or escrow account, including
interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded
to the developer along with the final accounting.
E.
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction. Review fees shall be charged only
in connection with an application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests for modification or amendment made
by the applicant. A professional shall not review items which are
subject to approval by any state government agency and not under municipal
jurisdiction except to the extent consultation with a state agency
is necessary due to the effect of state approvals in the subdivision
or site plan. Inspection fees shall be charged only for actual work
shown on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work and such inspections shall be reasonably based
on the approved development plans and documents.
F.
If the Township retains a different professional or consultant in
the place of the professional originally responsible for development,
application, review, or inspection of improvements, the Township or
approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Township or approving authority shall not bill
the applicant or charge the deposit or the escrow account for such
services.
[Amended 11-8-1999 by Ord. No. 99-22[1]]
An application fee shall be paid at the time of filing an application for development. The amount of fee shall be determined pursuant to the categories and classifications contained in Chapter 250, Fees and Escrows, Article II. Consideration has been given to the relative and comparative complexity of different categories and classifications of applications. Such fees are designed to be reasonable and to recover the actual costs of municipal operations attributable to the processing and disposition of applications for development. Such operating costs include secretarial and other administrative costs, attendance at regular meetings by Board and/or municipal consultants, costs of preparation, publication and reproduction of documents, and related items and matters. Application and filing fees are to be paid over to the Township Treasurer and added to the Township's funds. Any application fees received in connection with informal or concept review by the Planning Board pursuant to N.J.S.A. 40:55D-10.1 shall be credited against fees for a subsequent formal application for development. Charitable, philanthropic, fraternal, and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954, 26 U.S.C. § 501(c) or (d), the Township of Vernon and the Board of Education are exempt from application or filing fees, but shall be subject to any escrow for review of any development application. Each organization, other than the Township of Vernon and the Board of Education, shall file a current federal tax exempt status letter as a checklist item.
