The purpose of this article shall be to provide rules, regulations and standards, on applications for development pursuant to Articles
I and
II, for off-tract and off-site improvements necessary to ensure the reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development proposed and to provide that the developer be required to pay his pro rata share of the costs as a condition for approval of a subdivision or site plan as authorized by N.J.S.A. 40:55D-42.
As used in this article, the following terms shall have the
meanings indicated:
APPLICATION FOR DEVELOPMENT
The application form, maps and other documents required by
this article for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for issuance
of a building permit.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land and who has standing
to make application to a municipal agency.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this article.
GENERAL IMPROVEMENTS
Any and all municipal improvements of property, no part of
the cost of which has been or is to be specially assessed on property,
including the property of developer, other than as provided for in
this article.
LOCAL IMPROVEMENT
An improvement on property, part or all of the cost of which
has been or is to be specially assessed to property, including that
of the developer, as provided for in this article.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTY
Any security which may be accepted by the Town in a form
and manner of execution acceptable to the Town Attorney and the content
of which is acceptable to the Attorney for the municipal agency, including
performance bonds, cash deposits (not to exceed 10% of the total performance
guaranty), escrow agreements and other similar collateral or surety
agreements, to guarantee the installation of required improvements
and in an amount sufficient, allowing for inflationary cost increases,
to enable the Town of Belvidere to complete the guaranteed improvements
in the event of the default of a developer.
Off-site or off-tract improvements shall include installation
of new improvements and/or extensions and modifications of existing
improvements.
Prior to referral of the matter to the Town Council, the municipal
agency shall consider the total cost of the off-tract improvements,
the benefits conferred upon the applicant's proposed development,
population and land use projections for the general area in which
the proposed development is located and other areas to be served by
the off-tract improvements, the estimated timing of construction of
off-tract improvements and the condition and period of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
The municipal agency may further consider the criteria set forth below:
A. Road, curb, gutter and sidewalk improvements may be based upon the
anticipated increase in pedestrian and vehicular traffic generated
by the proposed development via traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area and other
factors related to the needs created by the proposed development and
existing and planned uses in the area and the anticipated benefit
thereto.
B. Drainage facilities may be based upon the proportion that the acreage
of the proposed development bears to the acreage of the entire drainage
basin, or, in areas where substantial development by other persons
has previously occurred along the natural and/or man-made drainage
courses, in the alternative, they may be based on the amount of or
density of present and future uses.
C. Sewerage facilities may be based upon the proportion that the proposed
development's total anticipated volume of sewage effluent bears to
the existing or proposed capacity of existing and projected sewage
disposal and transmission facilities, including, but not limited to,
sewer mains and other appurtenances leading to and servicing the proposed
development. The municipal agency may also consider types of effluent
and particular problems requiring special equipment or added costs
of treatment and transmission.
D. Water facilities may be based upon what proportion the proposed development's
total anticipated volume of water use bears to the existing or proposed
capacity of existing and projected water treatment and transmission
facilities, including, but not limited to, water mains and other appurtenances
leading to and servicing the proposed development.
Any performance guaranty provided in accordance with the requirements
of this article shall be conditioned upon the completion of the required
improvements and the repair of any damage caused by the owner or developer
to any property, public or private, during the installation of said
improvements, and the inspection and acceptance of the same by the
Town Engineer. The release of the developer from a performance guaranty,
including the providing by the developer of a maintenance guaranty
upon completion of all improvements, shall be governed by the standards
set forth for other improvements contained in the Town ordinances.
Upon completion of the off-tract improvements and prior to acceptance
thereof, the municipal agency shall determine the actual cost of the
improvement. The developer shall be reimbursed for any amount paid
which shall be determined to be in excess of his appropriate share
of the cost of such improvements, and shall be charged for any amounts
less than the developer's appropriate share.
If the municipal agency considering the application for development
is the Zoning Board of Adjustment, said Board may request a report
from the Planning Board, which report, when received, shall be forwarded
to the Town Council as part of the Zoning Board of Adjustment's report
and recommendation to the Town Council for off-tract improvements.
Immediately upon adoption of this article, the Town Clerk shall
file a copy of this article with the County Planning Board as required
by law.