As used in this article, the following terms shall have the
meanings indicated:
Performance and maintenance guarantees shall be provided by
a variety of means including, but not limited to, the following:
A. Security bond. The applicant may obtain a security bond from a surety
bonding company authorized to do business in the State of New Jersey.
B. Letter of credit. The applicant may provide an irrevocable letter
of credit pursuant to N.J.S.A. 40:55D-53.5 from a bank or savings
institution authorized to do and doing business in the State of New
Jersey.
C. Escrow account. The applicant shall deposit cash, or other instruments
readily convertible into cash at face value, either with the Borough
or in escrow with a bank.
D. Property. The applicant may provide as a guarantee land or other
property under an agreement approved by the Borough Solicitor.
E. Subdivision improvement guarantee. An applicant may provide as a
guarantee a subdivision improvement agreement between the applicant,
lender, and Borough.
Developers shall be required, as a condition for approval of
a subdivision or site plan, to pay their pro rata share of the cost
of providing reasonable and necessary street improvement and water,
sewerage and drainage facilities and easements therefor located outside
the property limits of the development but necessitated or required
by construction or improvements within said development. The following
criteria shall be utilized in determining a developer's proportionate
or pro rata share of necessary off-tract improvements.
A. Improvements to be constructed at sole expense of applicant. In cases
where the reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owner receives a special benefit
thereby, the applicant may be required, as a condition of approval,
at the applicant's sole expense, to provide for and construct such
improvement as if such were a nontract improvement, in the manner
provided hereafter and otherwise provided by law.
B. Other improvements. In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the developer's proportionate share of such improvements:
(1) Sanitary sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation and replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall
be based on Rules and Regulations for the Preparation and Submission
of Plans for Sewage Systems, New Jersey Department of Environmental
Protection and Energy and all Borough sewer design standards, including
infiltration standards, and all other stormwater drain standards.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement cost
will be assigned to the developer. If the existing system does not
have adequate capacity for the total developed drainage basin, the
prorated enlargement or improvement share shall be computed as follows
(where "gpd" means gallons per day):
Total enlargement or improvement cost
Developer's cost
|
=
|
Total tributary gpd
Development gpd
|
[2]
If it is necessary to construct a new system in order to service
the development, the prorated enlargement share to the developer shall
be computed as follows:
|
Total project cost
Developer's cost
|
=
|
Total tributary gpd
Development tributary gpd
|
|
[3]
The plans for the improved system or extended system shall be
prepared by developer's engineer. All work shall be calculated by
the developer and approved by the Sewer Engineer, or in lieu thereof,
the Borough Engineer.
(2) Water supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation or replacement of
water mains, hydrants, valves, and associated appurtenances shall
be computed as follows:
(a)
The capacity and the design of the water supply system shall be based on the standards specified in Article
V of this chapter.
(b)
The Borough Engineer shall provide the applicant with the existing
and reasonably anticipated capacity limits of the affected water supply
system in terms of average demand, peak demand, and fire demand.
(c)
If the existing system does not have adequate capacity as defined
above to accommodate the applicant's needs, the pro rata shares shall
be computed as follows:
Total cost of enlargement
or improvement
Developer's cost
|
=
|
Capacity of enlargement
or improvement (gpd)
Development-generated or improvement cost
gallons per day to be
accommodated by the enlargement or improvement
|
(3) Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, and utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
(a)
The Borough Engineer shall provide the applicant's engineer
with the existing and anticipated peak-hour flows for the off-tract
improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract
improvement, which shall include the estimated peak-hour traffic generated
by the proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
|
Total cost of the roadway
improvement and/or
Developer's cost
|
=
|
Future peak-hour traffic
Future peak-hour traffic
generated by the development
|
|
(4) Drainage improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, rip rap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards of Article
V of this chapter and shall be computed by the developer's engineer and approved by the Borough Engineer.
(b)
The capacity of the enlarged, extended or improved system required
for the development and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval to the Borough Engineer. The plans for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Borough Engineer. The
prorated share for the proposed improvement shall be computed as follows
(where "cfs" stands for cubic feet per second):
Total enlargement or improvement
cost of drainage facilities
Developer's cost
|
=
|
Total tributary cfs
Development cfs
|
|
(5) Other improvements. The applicant's proportionate share of other
capital improvements shall be computed as follows:
|
Total cost of enlargement
or improvement
Developer's cost
|
=
|
Capacity of enlargement
or improvement
Development share of
enlargement or improvement
|
|
C. Escrow accounts. Where the proposed off-tract improvement is to be
undertaken at some future date, the monies required for the improvement
shall be deposited to the credit of the Borough in a separate account
until such time as the improvement is constructed. If the off-tract
improvement is not begun within 10 years of deposit, all monies and
interest shall be returned to the applicant.
D. Computation of pro rata share. In any case in which an applicant
shall not provide the approving authority with the estimates of a
traffic consultant and/or consulting engineer with regard to estimated
improvement costs and all other information necessary to proportion
costs, the approving authority may rely on the estimates of the Borough
Engineer in order to prorate costs.