Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria.
In cases where reasonable and necessary need for an off-tract
improvement or improvements are necessitated or required by the proposed
development application and where no other property owners receive
a special benefit thereby, the Land Use Board may require the applicant,
as a condition of site plan, at the applicant's sole expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
A. Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets 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 proposed
property or properties to the sum of the present deficiency in peak-hour
traffic capacity of the present facility, and the estimated peak-hour
traffic generated by the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
B. Water distribution facilities including the installation of new water
mains, the extension of existing water mains, the relocation of such
facilities and the installation of other appurtenances associated
therewith: The applicant's proportionate cost shall be in the
ratio of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
C. Sanitary sewage distribution facilities including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith: The applicant's proportionate cost shall
be in the ratio of the estimated daily flow in gallons to the sum
of the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow period for the proposed development
may occur during the peak flow period for the existing system, the
ratio shall be the estimated peak flow rate from the proposed development
in gallons per minute to the sum of the present peak flow deficiencies
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.
D. Stormwater and drainage improvements, including installation, relocation
or replacement of transmission lines, culverts, catch basins and the
installation, relocation or replacement of other appurtenances associated
therewith: The applicant's proportionate cost shall be in the
ratio of the estimated peak surface runoff as proposed to be delivered
into the existing system measured in cubic feet per second to the
sum of the existing peak flow in cubic feet per second deficient for
the existing system and the estimated peak flow as proposed to be
delivered. The ratio thus calculated shall be increased by 10% for
contingencies. The applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Land Use Board.
E. In calculating the proportionate or pro rata amount of the cost of
any required off-tract facilities which shall be borne by the applicant,
the Land Use Board shall also determine the pro rata amount of cost
to be borne by other owners of lands which will be benefited by the
proposed improvements.