[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Editor's Note: This ordinance also repealed former Ch. 82, Recapture Agreements, adopted 3-3-2009 by Ord.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.
A. 
The payment required from the owner or developer of new construction shall be made to the City at the time of the issuance of the building permit.
B. 
The repayment protocol shall continue for 25 years from the issuance of the first building permit subject to the repayment protocol.