[HISTORY: Adopted by the Board of Commissioners of the City
of Millville 5-20-2014 by Ord. No. 18-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development regulations — See Ch. 30.
[1]
Editor's Note: This ordinance also repealed former Ch.
82, Recapture Agreements, adopted 3-3-2009 by Ord. No. 13-2009.
A.
The City of Millville has agreed to enter into a repayment agreement
with Goodmill, LLC to reimburse Goodmill, LLC for costs in excess
of its "fair share" of the construction of off-tract road improvements
in accordance with a traffic circulation plan along Route 47, High
Street and Sharp Street (the "project"). The project as shown in concept
on plans prepared by Shropshire Associates dated November 7, 2008,
for the High Street and Sharp Street intersection and dated February
17, 2009, for the Sharp Street and Route 47 intersection, to be approved
by the City of Millville, Cumberland County and the New Jersey Department
of Transportation will benefit the citizens of the City and provide
access to the regional shopping center in accordance with N.J.S.A.
40:55D-42; and
B.
It is estimated that the initial cost of constructing the project
will be approximately $3,500,000; and
C.
Goodmill, LLC has agreed to fund the entire cost of constructing
the project, subject to reimbursement of the excess of its "fair share";
and
D.
The City and Goodmill, LLC have agreed that Goodmill's "fair
share" of constructing the project will be 33 1/3% of the actual
cost of the project, more fully described in the repayment agreement;
and
E.
It is recognized that future residential and commercial developers,
developments and/or projects in the City will benefit from the project;
therefore, such future residential and commercial developers, developments
and/or projects should participate in repaying Goodmill, LLC for constructing
the project in accordance with its repayment protocol.
A.
Properties subject to the repayment protocol shall include all nonresidential
properties located in the geographical areas of the City Zoning Map
consisting of all or portions of the Lakeshore Conservation District
(LSC), and the General Business (B-4), Interchange Mixed Use (I-2),
General Industry (I-1) and Professional Services (B-2) Zones. The
area is more specifically defined by the City boundary to the north,
"G" Street to the south, Union Lake and bordering residential zones
to the west and the railroad right-of-way to the east.
B.
The formula for computation of the repayment protocol shall be $1,000
for each unit of nonresidential construction with 1,500 square feet
or less.
C.
The formula for computation of the repayment protocol for nonresidential
projects larger than 1,500 square feet will be based on measurable
traffic impacts resulting from a traffic study. A "Proposed Fair Share
Calculation Methodology" has been prepared by the City's Traffic
Consultant, Aurora and Associates, P.C., and attached to and made
a part of this chapter.[1] This shall serve as a guidance document for calculating
an applicant's fair share based on the measurable impact to the
project intersections.
[1]
Editor's Note: Said document is on file in the City offices.
A.
This repayment protocol will be applicable to new residential construction
located within the geographical area of the entire municipality; and
B.
Individual residential property and small subdivisions of five residential
units or fewer are exempt from the repayment protocol.
C.
The formula for computation of the repayment protocol for residential
construction shall be $1,000 for each unit of residential construction
with 1,500 square feet or less of living area and $1,500 for each
unit of residential construction excess of 1,500 square feet of living
area. However, applicants for residential development in excess of
20 units shall be permitted an opportunity to submit an impact statement,
supported by research, data and professional traffic studies, to identify
a "fair share" burden for the applicant's contribution toward
this protocol obligation. Such submission shall precede the issuance
of any building permit and shall be evaluated by the City of Millville
Engineering office to determine the appropriate sums due and payable
by the applicant.
