All off-tract improvements shall be made in accordance with the provisions of N.J.S.A. 40:55D-52 and the following:
A. Purpose.
(1) The Planning Board or Zoning Board of Adjustment, as the case may be, shall require, as a condition final site plan or final subdivision approval, that the applicant pay its pro rata share of providing reasonable and necessary off-tract improvements, including the acquisition of land or rights in land, necessitated or required by the anticipated impacts of such approved development. The applicant shall either install the necessary off-tract improvements or pay its pro rata share thereof to the City. Such off-tract improvements shall be clearly, directly, and substantially related to the approved development.
(2) Where such condition of approval is imposed, the resolution of memorialization shall describe the improvements or improvements required, and make findings of fact that establish the nexus between each needed improvement and the impacts to be generated by the proposed development causing or contributing to the need for provision of such off-tract improvement. Such findings shall reference the needed improvement to the Master Plan or any of its elements, maps, reports, or statements. As a further condition of such final approval, the resolution shall require that the applicant enter into a developer's agreement with the City Council for the construction of the improvement or improvements or payment to the City, in escrow, of the applicant's fair share of the anticipated cost of such improvement to be constructed by others. The Board shall forward to the governing body any reports, studies or analyses that were entered into evidence at the public hearings, on application for approval, as may be of use in negotiating such developer's agreement with the applicant.
B. Cost allocation.
(1) In cases where off-tract improvements are necessitated by the proposed development and where neither the City nor any other governmental entity has either planned, programmed, or accepted responsibility for any portion of the cost of the improvements, the developer/applicant shall be responsible, at the developer/applicants sole expense, and as a condition of approval, to provide for and install such improvements, after review and approval by the City Engineer of all such plans related to the improvements. The improvements shall be installed prior to the issuance of the first building permit.
(2) Where it is determined that properties outside the development will also be benefited by the off-tract improvements, or where either the City or other governmental agency or entity has planned or programmed, or accepted responsibility for any portion of the cost of the improvement, the criteria set forth herein shall be utilized in calculating and determining the proportionate share of the cost of such improvements to the developer or applicant. A proportionate allocation shall not be made, however, and a developer or applicant shall be responsible for assuming all costs for improvements, where there is a need to upgrade an existing facility or improvement due to its insufficient capacity or other inadequacies to service the needs of the developer or applicant's proposed development, but the existing facility or improvement is adequate to service the needs of the present users. Where a developer is required to "front-end" an off-tract improvement (such as the extension of a sewer line to the proposed development), and future developers benefit from the same, then the original developer who made the improvement shall be entitled to a pro rata reimbursement from any subsequent developers who have directly benefited from the improvement, if said subsequent benefit accrues within ten-year from the date of the original improvement. In any event, the following procedure shall take place:
(a) The original developer shall certify the actual costs of the off-tract improvements, based on construction invoices, which shall then be verified by the City Engineer.
(b) The City Engineer shall then calculate the subsequent developer's pro rata contribution, by dividing the use of the improvements by the subsequent developer by the use of the improvement made by all developments benefiting from the improvement, based on road capacity, daily sewage flow, daily water flow, etc.
(c) The City shall then condition the issuance of the first building permit in the subsequent developer's development, upon payment in full of the pro rata reimbursement to the original developer. Said reimbursement shall be payable to the City directly, who shall then reimburse the original developer, subject to payment of any liens, offsets or other funds due to the City by the original developer.
(3) Nothing herein shall be construed as to prevent the Planning Board or Zoning Board of Adjustment and the developer or applicant from agreeing to use an alternative method to allocate costs, or to use an alternative method to make payments for pro rata reimbursements, than that which is set forth herein, given the unique and distinguishable characteristics of each application for development, as long as such alternative method is based on fair and reasonable standards, and the reason for adopting such alternative method is clearly set forth and agreed to by both the Planning Board or Zoning Board of Adjustment and the developer or applicant.
C. Water supply. The developer and applicant's share of water distribution, supply, treatment, and storage facilities, including the installation, relocation or replacement of water mains, hydrants, valves, and appurtenances associated therewith, shall be computed as follows:
(1) The capacity and design of the water supply system shall be based on standards computed by the developer's engineer and approved by the City Engineer.
(2) The City Engineer shall provide the developer or applicant with the existing and reasonable anticipated peak hour flows as well as capacity limits for the affected water system in terms of average demand, peak demand and fire demand.
(3) If the required system does not exist, or the existing system does not have adequate capacity to accommodate the developers or applicant's flow given existing and reasonably anticipated peak hour and fire flows, the pro rata share shall be computed to the larger of:
(a) The partial cost of a shared improvement where none now exists:
Total Cost of Improvement | | Capacity of Improvement [gallons per day (GPD)] |
Developer/ Applicant's Cost | = | Developer/Applicant-Generated Flow to be accommodated by the Improvement (GPD); or |
(b) The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically feasible; or
(c) The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs to service the needs of the present users.
D. Roadways. The developer or applicant's proportionate share of street and intersection improvements, alignments, 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 intersections, and other associated street or traffic improvements, shall be as follows:
(1) Traffic study. A traffic impact study shall be provided by the developer or applicant. The study shall address the various traffic-generating characteristics of uses in the proposed development and the interface of traffic from uses associated from the proposed development and existing uses in the area, to assure that there will not be a degradation in the level of service in the area, and that there will not be any traffic hazards created in the area by traffic generated as a direct result of the development. In addition, the study shall incorporate the recommendations, and propose a plan to achieve the goals and objectives specifically set forth in the Master Plan of the City of Camden.
(2) Level of service. The developer or applicant must demonstrate that the existing public traffic arteries have adequate capabilities to accommodate the traffic to be generated by the proposed project at an acceptable level of service "D" or better, and that safe, convenient and adequate circulation and parking is provided for on site of the proposed development.
(3) Traffic volumes. The developer or applicant must provide as a part of its submitted study existing twenty-four-hour traffic counts for a minimum of three different days, excluding Sundays and holidays, summarized by hour and by direction, and peak hour trips by movement on all critical off-tract roadways and intersections affected by the proposed development. Traffic volumes utilized in the study shall be taken within 12 months preceding the date that the application is filed with the Planning Board or Zoning Board of Adjustment, and be taken between the period of September 1 through June 15, excluding those days wherein inclement weather would make such counts not typical. If there is a seasonal peak, the study shall take the same into account and make appropriate comments.
(4) Future background traffic volume. Future traffic volumes shall be calculated by multiplying the peak hour traffic volumes utilizing the current New Jersey Department of Transportation growth factors. These factored traffic volumes will be surcharged with traffic volumes expected to be generated by impending development in the area, based on development projects presently approved by, or pending before, the Planning Board or Zoning Board of Adjustment, and known projects presently approved by or pending before the Planning or Zoning Boards of immediately adjacent municipalities which will clearly have an impact on local traffic.
(5) Traffic generation. Traffic expected to be generated by the proposed development shall be calculated by utilizing the latest copy of the Institute of Transportation Engineers (ITE) text: The values developed by using the trip generation method shall be verified by typical counts when requested by the City to verify results. If the City requires trip generation data because the trip generation methodology is not accurate due to local conditions or an inadequate database in the trip generation text, the traffic data counts required to verify trip generation data, shall be in the ITE format. Traffic generation shall include the amount of traffic to be generated for the project twenty-four-hour period and during the peak hour trip generation by the proposed project.
(6) Future build traffic volumes. Future background traffic volumes shall be surcharged by adding the traffic volumes that are to be generated by the proposed development to future background traffic volumes.
(7) Traffic analysis.
(a) Capacity analysis. Roadways and intersections shall be analyzed using a capacity analysis. The capacity analysis will utilize the latest approved highway capacity programs. Traffic shall be analyzed for the existing traffic conditions, future traffic conditions, and future build traffic conditions. Traffic analysis shall optimize traffic signals so that the existing traffic conditions show traffic conditions as they exist and with the optimization of traffic signal timing. The future background traffic conditions shall require the optimization of the traffic on the roadways. Future traffic shall be added and the traffic signal timings shall be optimized for a final product.
(b) Accident analysis. Accident data of critical intersections and roadways shall be analyzed.
(c) Speed and delay analysis. Speed and delay analysis of critical roadways shall be provided.
(d) Gap analysis. Gap studies of critical intersections shall be provided.
(e) Safety analysis. Analysis shall be made of all entrances and exits to determine if left-turn lanes are warranted. In addition, deceleration and acceleration lanes shall be analyzed to determine if they are needed.
(8) The developer or applicant's traffic consultant shall provide a trip distribution that will distribute traffic to the surrounding roadway system. The developer or applicant's engineer shall show the percent of the P.M. traffic that the applicant's traffic will be, of the future build traffic at each intersection by approach. If improvements are required on one approach of an intersection only, as a result of a significant impact from the development, defined as an approach where the majority of traffic on the approach caused the need for the proposed improvement on that approach to maintain an adequate level of service, the developer or applicant's pro rata share of the intersection shall be calculated as set forth below. If the required improvements to accommodate the proposed development do not exist, or the existing system does not have adequate capacity to accommodate the anticipated volumes as set forth in the study, the pro rata share shall be the larger of:
(a) The partial cost of a shared improvement where none now exists:
| Total Cost of Improvement divided by Developer/Applicant's Cost |
|---|
| Equals |
|---|
| Capacity of Improvement (Peak Hour Volume) divided by Developer Traffic to be Accommodated by the Improvement (Peak Hour Volume); or |
(b) The total cost of an improvement designed to accommodate only the development traffic volume if such an alternative is technically possible; or
(c) The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs to service the needs of the present users.
E. Off-tract 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, detention or retention basins, improved drainage ditches and appurtenances associated therewith, shall be determined as follows:
(1) The capacity and design of the drainage to accommodate stormwater runoff shall be based on standards set forth in this chapter, computed by the developer or applicant's engineer and approved by the Planning Board or Zoning Board of Adjustment or City Engineer.
(2) The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer or applicant's tributary to the drainage system shall be determined by the developer or applicant's engineer, subject to the approval of the City Engineer. The plans for the improved system may be prepared by the developer or applicant's engineer or the City Engineer, at the developer or applicant's expense, and the estimated cost of the enlarged system shall be calculated by the City 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 larger of:
(a) The partial cost of a shared improvement where none now exists:
| Total Cost of Improvement divided by Developer/Applicant's Cost |
|---|
| Equals |
|---|
| Capacity of Improvement (cfs, peak twenty-five-year storm) divided by Development Generated Peak Runoff to be Accommodated by Enlargement of the Improvement (cfs, peak twenty-five-year storm); or |
(b) The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically feasible; or
(c) The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs of the present users.
F. Off-tract sewer improvements.
(1) The capacity and design of sanitary sewer systems shall be based on "Rules and Regulation for the Preparation and Submission for Sewerage Systems," New Jersey Department of Environmental Protection, as well as any and all other design and specifications standards as may be set forth by the City and/or its professionals responsible for approval and oversight of such systems.
(2) The developer or applicant shall be responsible for the entire cost of any off-tract improvements for sanitary sewer systems, including distribution facilities, the installation, relocation or replacement of collector, trunk and interceptor sewers, and the installation, relocation or replacement of other appurtenances associated therewith, that are necessary as a direct result of the proposed development. This shall apply both to the need for any new systems, facilities, appurtenances, etc. as well as the cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the ends of the developer or applicant's proposed development, but is adequate to service the needs of the present users.
(3) In the event that a new system and/or facilities or appurtenances associated therewith is/are necessary where none exists, but said system, and/or facilities or appurtenances associated therewith will be shared with other users who do not now benefit from the same, the developer or applicant's partial cost of said shared improvement shall be as follows:
| Total Cost of Improvement divided by Developer/Applicant's Cost |
|---|
| Equals |
|---|
| Capacity of Improvement (Gallons per day — GPD) divided by Developer/Applicant-Generated Flow to be accommodated by the Improvement (GPD) |
G. Costs included. The cost of all of all off-tract acquisition of lands and/or improvements as contained in this chapter shall be construed to encompass all costs including, but not limited to, planning, feasibility studies, surveys, property and easement acquisition, design, equipment/facilities, and construction. Such costs shall also include all legal, accounting, surveying, engineering, and other professional costs directly associated with the improvement(s) contemplated. Such costs may still further include the cost of eminent domain proceedings, reasonable contingencies, and costs of financing during construction. All such costs shall be calculated and set forth, as a condition of approval, when preliminary major subdivision or site plan approval is granted.
H. Funding of improvements. Where the proposed off-tract improvement(s) are to be undertaken at a future date, the monies required for the improvement shall be paid prior to the signing of the final plans or plat by the Board Chair, Board Secretary and City Clerk. Said funds shall be deposited in an interest-bearing account to the credit of the City in a separate account, until such time as the improvement(s) is/are constructed. If off-tract improvements for water, roadway, signalization, drainage, or sewer improvements are not begun within 10 years from the date of the final certificate of occupancy being issued to the developer or applicant, then and in any such event all monies and interest shall be returned to the developer or applicant.