Each subdivision requiring approving authority
approval shall be subject to a determination and findings as follows:
A. Certain off-tract improvements are or are not necessary
to implement such subdivision.
B. In instances where off-tract improvements are required,
the terms and conditions which shall be imposed upon the applicant
shall ensure the successful and reasonable implementation of the requirement.
C. In the event that the approving authority determines
that one or more improvements constitute an off-tract improvement,
the approving authority, by resolution, shall notify the governing
body of such determination, specifying the approving authority's recommendation
relative to the estimated cost of the improvement, the applicant's
pro rata share of the cost, other property owners who may benefit
from such off-tract improvement and the approving authority's recommendations
concerning how such off-tract improvement can be made, what the municipality's
responsibilities should be and what performance or maintenance guaranties,
cash contributions, agreements and other forms of surety should be
required of the applicant.
D. Action by an approving authority relating to off-tract
improvements shall be deferred until the governing body has had the
opportunity to review the recommendations of the approving authority
and has made a determination as to whether the municipality will accept
any obligations concerning such off-tract improvement. The municipality
shall not be responsible to construct, install or provide off-tract
improvements to accommodate the development of an applicant's lands.
E. When an applicant pays the amount determined as its
pro rata share of the cost of an off-tract improvement under protest,
the applicant shall institute legal action within one year of such
payment in order to preserve the right of judicial determination as
to the fairness and reasonableness of such pro rata share. No building
permit shall be issued until the expiration of said one-year period
or until such time as the applicant has waived the right to seek such
a judicial determination under the provisions of this chapter.
F. The approving authority shall not take any final action
concerning a preliminary subdivision approval until the applicant
and the governing body have entered into an agreement providing for
such off-tract improvement and the obligations of the applicant and
a copy of the agreement and action of the governing body has been
filed with the approving authority.
Where an off-tract improvement is required,
the following criteria shall be used in determining the applicant's
proportionate share of the cost of such improvement:
A. Street improvements. New streets; street widening,
alignment, correction, channelization of intersections, construction
of barriers, new or improved traffic simulization, signs and curbs;
street trees and landscaping; utility improvements or relocations;
and other similar street or traffic improvements: the applicant's
proportionate share shall be in the ratio of the estimated peak-hour
traffic generated by the development of the applicant's land to the
sum of the present deficiency in peak-hour traffic capacity of the
present road facilities and the estimated peak-hour traffic generated
by the applicant's proposed development. The applicant's calculated
proportionate share shall then be increased by 10% for contingencies.
B. Sanitary sewer distribution facilities. Sanitary sewer
distribution facilities, including the installation, relocation or
replacement of collector and interceptor sewers and the installation
and relocation or replacement of other appurtenances associated therewith:
the applicant's proportionate cost shall be in the ratio of the estimated
daily flow of effluent (in gallons) from the proposed development
of applicant's lands to the sum of the present deficiency in capacity
for the existing system or subsystem and the estimated daily flow
from the applicant's proposed developed lands. In the case where the
peak flow from the proposed development may occur during the peak
flow period from the existing system, the ratio shall be the estimated
peak flow rate from the proposed development in gallons per minute
to the estimated present peak flow deficiency in the existing system
or subsystem and the estimated peak flow rate from the proposed development.
The greater of the two ratios thus calculated shall be increased by
10% for contingencies and shall be the ratio used to determine the
cost to the applicant.
C. Stormwater and drainage improvements. Stormwater and
drainage improvements, including the installation, relocation or replacement
of pipes, culverts, catch basins, other appurtenances and retention
basins: the applicant's proportionate share shall be determined in
the ratio of the estimated peak surface runoff from applicant's developed
lands into the existing drainage system measured in cubic feet per
second to the sum of the existing peak flow in cubic feet per second
deficiency for the existing system and the estimated peak flow from
the applicant's lands. The ratio thus calculated shall be increased
by 10% for contingencies.