This article is intended to ensure a pro rata
share allocation of the costs for off-tract improvements necessitated
by new development.
As a condition of final 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 proportionate or pro rata amount of the
cost of such facilities within a related or common area shall be based
on the following criteria.
A.
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 or where neither the
Borough nor any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvements, the applicant may be required at the applicant's sole
expense and as a condition of approval, to provide and install such
improvements.
B.
Proportionate allocation.
(1)
Where it is determined that properties outside the
development will also be benefited by the off-tract improvements,
and where either the Borough or any other government entity has planned
or programmed or accepted the responsibility for any portion of the
cost of the improvement, the following criteria shall be utilized
in determining the proportionate share of the cost of such improvements
to the developer.
(2)
Nothing herein shall be construed to prevent the Planning
Board and the developer from agreeing to use a different method to
allocate cost.
(3)
Allocation formula.
(a)
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:
[1]
The capacity and the design of the sanitary sewer system shall be based on the standards specified in Article IX of these regulations, computed by the developer's engineer and approved by the Municipal Engineer.
[2]
The Municipal Engineer or Planner shall provide
the applicant with the existing and reasonably anticipated peak-hour
flows as well as capacity limits of the affected sewer system.
[3]
If the required system does not exist or 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 to be the larger of:
[a]
The partial cost of a shared improvement
where none now exists:
 |
[b]
The total cost of an improvement
designed to accommodate only the development flow, if such an alternative
is technically possible.
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
 |
(b)
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:
[1]
The Municipal Engineer or Planner shall provide
the applicant with the existing and reasonably anticipated future
peak-hour volumes for the off-tract improvements.
[2]
The applicant shall furnish, for approval by
the Municipal Engineer, 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.
[3]
If the required improvements do not exist or
if the existing system does not have adequate capacity to accommodate
reasonably anticipated volumes, the pro rata share shall be the larger
of:
[a]
The partial cost of a shared improvement
where none now exists:
 |
[b]
The total cost of an improvement
designed to accommodate only the development traffic volume if such
an alternative is technically possible.
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
 |
(c)
Drainage improvements. The applicant's proportionate
share of stormwater and drainage improvements, including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, rip-rap, improved drainage ditches and appurtenances
thereto, and relocation or replacement of other storm drainage facilities
or appurtenances associated therewith, shall be determined as follows:
[1]
The capacity and the design of the drainage to accommodate stormwater runoff shall be based on the standards specified in Article IX of this chapter, computed by the developer's engineer and approved by the Municipal Engineer. The effect of on-site detention, if any, is to be neglected.
[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 Municipal Engineer. The plans
for the improved system may be prepared by the developer's engineer
or the Municipal Engineer at the developer's expense and the estimated
cost of the enlarged system calculated by the Municipal Engineer.
[3]
If the required improvements do not exist or
if the existing system does not have adequate capacity to accommodate
reasonably anticipated volumes, the pro rata share shall be the larger
of:
[a]
The partial cost of a shared improvement
where none now exists:
 |
[b]
The total cost of an improvement
designed to accommodate only the development flow, if such an alternative
is technically possible.
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
 |
[d]
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 normally be computed in accordance with
the rules of the serving water utility. If allocation of cost is to
be made under the jurisdiction of the Borough, procedures similar
to those described for sanitary sewers, roadway and drainage improvements
shall be used.
The cost of an improvement shall be construed
to encompass all costs including, but not limited to, planning, feasibility
studies, surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
Where the proposed off-tract improvement is
to be undertaken at a future date, the monies required for the improvement
shall be deposited in an interest-bearing account to the credit of
the Borough in a separate account until such time as the improvement
is constructed. If the off-tract improvement is not begun within the
period from the time of deposit as specified by law, all monies and
interest shall be returned to the applicant.
