[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 4.02 of the 2003 Mercer County Code (Ord. No. 92-17). Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code
of Mercer County has been amended to delete the term “Board
of Chosen Freeholders” and replace it with the term “Board
of County Commissioners.” In addition, the terms “Freeholder”
and “Chosen Freeholder” have been deleted and replaced
by the term “County Commissioner.”]
[Amended by Ord. No. 94-10; Ord. No. 97-13]
For the purposes of this chapter, unless the context clearly
indicates otherwise, the following terms shall have the meaning indicated:
The County official responsible for the joint planning, development
and submission of the TDD Plan and administration of TDD funds and
improvement agreements.
The first of the following actions by a municipal approval
authority, with respect to a development application: preliminary
subdivision or site plan approval, general development plan approval,
issuance of a building permit.
The calculation of peak-hour trips resulting in the establishment
of a fee to be collected pursuant to this chapter.
The sum recorded in a fee binder agreement, subject to annual
indexing.
A permit for a building or use which generates traffic trips
for which an assessment is made pursuant to this chapter.
The Commission of the New Jersey Department of Transportation
or his designee.
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 change in the use of any
building or other structure, or land or extension of use of land,
for which permission is required pursuant to the New Jersey Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
April 2, 1990.
A contract between the agent and the owner(s) of assessable
realty memorializing the assessment and terms of the TDD fee pursuant
to this chapter.[1]
A document providing for all arrangements necessary and assigning
financial responsibility among the New Jersey Department of Transportation,
the County of Mercer, Hopewell, Ewing and/or Lawrence Townships and/or
others for transportation improvements pursuant to the Transportation
Development District Act of 1989, N.J.S.A. 27:1C-9.
The document prepared by the agent advising an owner of realty
subject to assessment under this chapter of delinquency of fees due
hereunder and of the date on which a default will exist resulting
in the assessment of penalties including interest on unpaid balances.
The Clerk of the municipality unless a different municipal
official or officials are designed by municipal ordinance.
A document prepared by the agent establishing the fee to
be collected pursuant to this chapter and setting forth the calculation
thereof.
A document advising an owner of realty subject to assessment
under this chapter of noncompliance with a fee binder agreement resulting
in assessment of penalties, including interest on unpaid balance.
7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., Monday
through Friday.
The transportation development district plan.
The conferral of rights under the Municipal Land Use Law,
N.J.S.A. 40:55D-6.
The schedule for transportation improvements in the plan.
Public roads, streets, bridges, expressways, freeways, parkways,
motorways and boulevards, including bridges, tunnels, overpasses,
underpasses, interchanges, rest areas, express bus roadways, bus pullouts
and turnarounds, park-ride facilities, traffic circles, grade separations,
traffic-control devices, the elimination or improvement of crossing
of railroads and highways, rights-of-way, easements and interests
therein needed for the construction improvement and maintenance of
highways.
A document providing for reductions in peak-hour trips, prepared
by an owner of realty and approved by the Commissioner and agent.
The I-95/295 region of Hopewell, Ewing and Lawrence Townships
as delineated in the transportation development district plan.
An amount assessed to an owner of realty under this chapter.
The document entitled, "Transportation Development District
Plan for the I-95/295 Corridor-Mercer County," adopted by the Board
of Chosen Freeholders on December 23, 1991, pursuant to Resolution
No. 91-615, and approved by the New Jersey Department of Transportation
on June 26, 1992, (the TDD Plan) and amended on September 23, 1993,
pursuant to Resolution 93-486 approved by the New Jersey Department
of Transportation on December 6, 1993.
The per-trip fee reflected in the plan and any amendments
thereto.
[Amended 10-22-2019 by Ord. No. 2019-5]
[1]
Editor's Note: The original definition of "horizon year,"
which immediately followed this definition, was repealed 10-22-2019 by Ord. No. 2019-5.
A.
For the purpose of financing transportation improvements, owners
of realty described as follows shall be assessed fees under this chapter:
(1)
Any realty situated within the TDD for which approval was granted
after the development assessment liability date;
(2)
Any realty situated within the TDD for which approval was granted
before the development assessment liability date for which new approvals
are sought; and
(3)
Any realty not situated within the TDD for which approval is
granted after the development assessment liability date that has access
to a public highway by means of a driveway or private street running
through realty situated within the TDD boundary. In such a case, the
owner of the realty situated within the TDD boundary shall be subject
to assessment based upon the trips generated by the realty within
the TDD boundary and the trips accessing the TDD boundary through
such realty.
B.
For the purposes of this chapter, realty is deemed to be situated
within the TDD if, after the development assessment liability date,
any portion of it is located inside of the TDD boundary, notwithstanding
any later subdivision thereof. For the purposes of this chapter, any
realty adjacent to the TDD which on or after the development assessment
liability date is consolidated with realty situated within the TDD
boundary is deemed to be situated within the TDD boundary.
Fees under this chapter shall be assessed upon the granting
of development approval, except for such approvals granted or applications
filed prior to the enactment of this chapter. In case of realty for
which approval was granted before enactment, fees shall be assessed
on the first day of the third month following this chapter's adoption.
A.
The base per-trip fee for the entire development shall be set at
the time of assessment, so long as the projected trips do not exceed
those estimated in the plan by greater than 10% or 100 peak-hour trips.
The base per-trip fee shall be subject to fee indexing until the fee
is collected. If the projected trips exceed those estimated in the
plan by greater than 10% or 100 peak-hour trips, and provided that
the County determined that the excess projected trips require a plan
amendment to provide for additional improvements necessitated by the
excess projected trips, the base per-trip fee shall be set for the
first building to be constructed on the development, or the first
phase of development if the approval provides for phased development.
The base per-trip fee for the remainder of the development shall be
set at the time of plan amendment providing for the increased improvements,
and shall be the uniform cost per trip in the plan amendment, the
notice of assessment and the fee binder agreement shall provide for
this two-step process.
B.
Fees under this chapter shall be assessed according to the following
formula: Upon the approval for development of realty subject to assessment
under this chapter, the County shall calculate the volume and distribution
of peak-hour traffic represented by the subject development. The amount
of the assessment shall be equal to the sum of the peak-hour traffic
generated by the development multiplied by the uniform cost per trip,
as modified pursuant to the provision of this chapter.
A.
Within 30 days of the granting of approval, the municipal administrative
officer shall notify the agent of such approval by specifying in writing
the location, size and use of the property and similar information
which would assist the agent in determining the volume and distribution
of peak-hour trips for the development. Within 30 days of notification
by the municipal administrative officer, the agent shall send by certified
mail a notice of assessment to the owner of the subject realty stating:
(1)
That the development is subject to the TDD fee;
(2)
The agent's calculation of the fee, based upon the developer's
trip generation as calculated by the Institute of Transportation Engineers
Trip Generation Manual, 5th Edition, or superseding edition; or the
owner's traffic study, as provided for in the plan;
(3)
The requirement of execution of a fee binder agreement within
60 days of receipt of the notice of assessment; and
(4)
That proof of payment, as required by the fee binder agreement,
must be furnished to the municipal administrative officer, prior to
issuance of a building permit.
B.
The municipal administrative officer shall advise the agent of any
developments receiving approval after the development assessment liability
date but before the effective date of this chapter, within 30 days
of adoption of this chapter. Such notice shall include the location,
size and use of the subject realty and similar information which would
assist the agent in determining the volume and distribution of peak-hour
trips for that development. Within 30 days of notification by the
municipal administrative officer, the agent shall send by certified
mail a notice of assessment to the owner of the subject realty stating:
(1)
That the development is subject to the TDD fee;
(2)
The agent's calculation of the fee, based upon the developer's
trip generation as calculated by the Institute of Transportation Engineers
Trip Generation Manual, 5th Edition, or superseding edition, or the
owner's traffic study as provided for in the plan;
(3)
The requirement of execution of a fee binder agreement within
60 days of receipt of the notice of assessment;
(4)
That proof of payment, as required by the fee binder agreement,
must be furnished to the municipal administrative officer, prior to
issuance of a building permit, if such permit had not yet been generated;
and
(5)
That the fee assessment is based upon preliminary approval,
but, should final approval not be obtained within three years following
preliminary approval, the fee will be reassessed at the time of final
approval.
A.
All municipal and County grants of approval regarding realty subject
to assessment under this chapter shall be conditioned upon the applicant's
execution of a fee binder agreement with the agent, as provided for
under this chapter. Owners of the subject realty shall execute a fee
binder agreement not more than 60 days following such owner's receipt
of a notice of assessment of transportation development district fee.
The agent may extend the above sixty-day period if additional time
is necessary to determine the site-specific provisions of the fee
binder agreement. Realty subject to assessment under this chapter,
with approvals prior to the effective date of the ordinance codified
in this chapter, shall execute a fee binder agreement within 60 days
of receipt of notice of assessment.
B.
Each fee binder agreement shall state:
(1)
The base per-trip fee assessed;
(2)
The number of peak-hour trips to be assessed;
(3)
The amount of the fee to be paid with respect to the issuance
of a building permit for a development which includes more than one
building, based upon the trips to be generated by the building;
(4)
That the fee is due prior to the issuance of a building permit
unless preliminary approval or issuance of a building permit preceded
the effective date of the ordinance codified in this chapter, in which
case, payment shall be due within 60 days of execution of the fee
binder agreement;
(5)
That, upon any transfer of the subject realty, the grantee(s)
thereof shall have a duty to pay any outstanding fees and maintain
all provisions of the fee binder agreement;
(6)
That any expansion or change in use of the subject realty resulting
in an increase of the peak-hour trip total by greater than 100 trips
or 10% shall require recalculation and reassessment of the fees under
this chapter, in which case, fee adjustment for such additional trips
shall be made according to the fee formula applicable at the time
of approval for the change or expansion in use, or application for
a building permit, as the case may be;
(7)
That any credits or exemptions available under § 5.02.130 of this chapter shall be rescinded upon the alteration or termination of the activity or condition on account of which such credit or exemption was applicable, subject to a notice of violation and final determination of any appeal; and
(8)
That, in the event of rescission of any credits or exemptions pursuant to § 5.02.130 of this chapter, subject to a notice of violation and final determination of any appeal, the owner of the subject realty shall be responsible for any difference between the amount of the assessment paid and the amount of the fees due before application of credits or exemptions, plus interest at the rate earned by the transportation district trust fund between the date on which the fee binder agreement was executed and the date of rescission of any credit or exemption.
C.
Each fee binder agreement shall remain in full effect so long as
the TDD is in effect.
D.
The County Clerk shall record TDD fee binder agreements in the book
of mortgages in the Clerk's office within 30 days of execution.
Fees under this chapter shall be paid to the County prior to
municipal issuance of a building permit. No municipality shall issue
a building permit for development of realty subject to assessment
under this chapter without proof of payment of fees assessed under
this chapter according to the terms of a TDD fee binder agreement.
Proof of payment shall be presented to the municipal administrative
officer prior to the issuance of such a building permit. Fees for
development of realty subject to assessment under this chapter for
which approval was granted prior to the effective date of the ordinance
codified in this chapter shall be due within 60 days of execution
of a TDD fee binder agreement. Fees resulting from a violation of
a TDD fee binder agreement shall be due within 30 days of issuance
of a notice of violation.
There is established a transportation development district trust
fund (TDD trust fund) in the office of the County Treasurer. All monies
collected from development fees and any other monies as may be available
for the purposes of the TDD act shall be deposited into the TDD trust
fund and shall be invested in a dedicated interest-bearing account
and shall not be commingled with any other funds.
[Added by Ord. No. 94-10]
A.
Owners of realty subject to assessment under this chapter may donate
right-of-way in lieu of payment of fees, provided that:
(1)
The subject improvement is contemplated by the TDD plan, is
consistent with the priorities established in the plan, and is necessary
for the effective movement of traffic in the vicinity of the development
for which the assessment is made;
(2)
The amount of any credits applied against fees which would otherwise
be due under this chapter shall equal the value of the subject right-of-way
as determined by a fair market appraisal by the owner of the subject
realty plus reasonable costs;
(3)
The agent may obtain additional appraisals if deemed necessary
by the agent;
(4)
If the value of the land is estimated to be less than the cost
of a fair market appraisal, then some other mutually satisfactory
evidence of value may be used;
(5)
If the value of the right-of-way is less than the fee assessed,
then such owner shall contribute an amount equal to the difference
to the TDD trust fund; and
(6)
If the value of the right-of-way exceeds the amount assessed,
then the owner may transfer an amount equal to the difference to the
owner of other realty subject to assessment under this chapter. Such
transferred amount shall be credited against the fee assessable to
the transferee. The terms of the transfer shall be mutually agreeable
to such owners and reflected in a written notarized agreement. Copies
of such agreement shall be provided to the agent and municipalities
involved, and shall be reflected in fee binder agreement(s), as appropriate.
No such transfer shall be complete unless a copy of the notarized
written agreement is duly filed with the agent. Such agreement constitutes
an addendum to the appropriate improvement agreement(s).
B.
At the discretion of the agent, owners of realty not subject to assessment
under this chapter may donate right-of-way and transfer credits to
the owner of realty subject to assessment, provided that:
(1)
The subject right-of-way is necessary for an improvement contemplated
by the TDD plan and is consistent with the priorities established
in the plan;
(2)
The transferred amount shall be credited against the fee assessable
to the transferee. The terms of the transfer shall be mutually agreeable
to such owners and reflected in a written notarized agreement. Copies
of such agreement shall be provided to the agent and municipalities
involved, and shall be reflected in fee binder agreement(s), as appropriate.
No such transfer shall be complete unless a copy of the notarized
written agreement is duly filed with the agent. Such agreement constitutes
an addendum to the appropriate improvement agreement(s).
A.
Owners of realty subject to assessment under this chapter may construct
improvements in lieu of payment of fees, provided that:
(1)
The subject improvement is contemplated by the TDD plan, is
consistent with the priorities established in the plan, and is necessary
for the effective movement of traffic in the vicinity of the development
for which the assessment is made;
(2)
Any costs attributable to the improvement in excess of those
identified in the TDD plan shall be borne by such owner;
(3)
The amount of any credits applied against fees which would otherwise
be due under this chapter shall equal the costs of the subject improvement
that were contemplated by the TDD plan, regardless of the actual costs
thereof;
(4)
If the costs of an improvement contemplated by the TDD plan
are less than the fee assessed, then such owner shall contribute an
amount equal to the difference to the TDD trust fund; and
(5)
If the costs of an improvement contemplated by the TDD plan
exceed the fee assessed, then the owner may transfer an amount equal
to the difference to the owner of other realty subject to assessment
under this chapter. Such transferred amount shall be credited against
the fee assessable to the transferee. The terms of the transfer shall
be mutually agreeable to such owners and reflected in a written notarized
agreement. Copies of such agreement shall be provided to the agent
and municipalities involved, and shall be reflected in fee binder
agreement(s), as appropriate. No such transfer shall be complete unless
a copy of the notarized written agreement is duly filed with the agent.
Such agreement constitutes an addendum to the appropriate improvement
agreement(s).
C.
At the discretion of the agent, owners of realty not subject to assessment
under this chapter may construct an improvement and transfer credits
to the owner of realty subject to assessment, provided that:
(1)
The subject improvements are contemplated in the TDD plan and
is consistent with the priorities established in the plan;
(2)
The transferred amount shall be credited against the fee assessable
to the transferee. The terms of the transfer shall be mutually agreeable
to such owners and reflected in a written notarized agreement. Copies
of such agreement shall be provided to the agent and municipalities
involved, and shall be reflected in fee binder agreement(s), as appropriate.
No such transfer shall be complete unless a copy of the notarized
written agreement is duly filed with the agent. Such agreement constitutes
an addendum to the appropriate improvement agreement(s).
D.
At the discretion of the agent and at the owners' option, owners
of realty subject to assessment under this chapter, with development
constituting a multi-phase development may alternatively escrow sums
with the County Treasurer in an interest-bearing account for accumulation
of a fund for the construction of an improvement, provided that:
(1)
Such improvement is contemplated by the TDD plan and is consistent
with the priorities established in the plan;
(2)
Any costs of the improvement exceeding that contemplated by
the TDD plan are borne by such owner;
(3)
Such owner is a party to an improvement agreement;
(4)
If the subject realty is not developed in accordance with an
established schedule and upon notice to contributors to such escrow
fund, such funds shall be paid to and become the property of the TDD
trust fund; and
(5)
If such improvement is constructed and the escrowed funds are
not depleted due to the costs of its construction, the amount not
depleted shall be released to such owner by the agent.
Every transportation improvement constructed under this chapter
shall be governed by an improvement agreement. The Commissioner and
the agent shall be parties to all improvement agreements. In addition,
any municipality contributing to the improvement and any person constructing
an improvement or donating a right-of-way shall be a party to an improvement
agreement, as appropriate. Funds on deposit in the TDD trust fund
may be used for any improvement identified in the plan and are applicable
to preliminary and final design, construction, land and easement acquisition,
landscaping, construction management, public transportation projects,
wetlands mitigation or replacement, permit costs, environmental cleanup,
utilities and any other use as permitted by law.
Improvement costs shall be updated annually according to a cost
escalation index. Construction costs, engineering costs, construction
management costs, environmental permits and utility costs will be
indexed according to the Price Trends for Federal-Aid Highway Construction.
Right-of-way and wetlands mitigation costs will be adjusted according
to an index of raw land sales price changes for the municipalities
involved. Any fees assessed but remaining unpaid in whole or in part
shall be subject to indexing.
A.
The following assessable development shall not be subject to payment
of fees under this chapter:
(1)
Low- and moderate-income housing units constructed pursuant
to N.J.S.A. 52:27D-301 et seq. or pursuant to court order;
(2)
Public recreation, community facilities and centers, religious
institutions and schools;
(3)
Minor residential subdivisions and minor site plans as defined
by N.J.S.A. 40:55D-5.
B.
Trip reduction credits.
(1)
Owners submitting a TDM plan shall be eligible for trip-reduction
credits, with such credits specified in a TDD fee binder agreement
and trip reduction credits accruing at the following rate:
(a)
With respect to flex time and staggered work hours: percent
credit per vehicle removed equivalent to the number of minutes a trip
is removed from the peak hour multiplied by 1.25, the time extremes
for such formula being 15 minutes minimum and one hour maximum.
(b)
With respect to actual removal of single-occupancy vehicles
from the system, a 100% credit for each such vehicle removed.
(2)
Trip reduction shall commence with full occupancy of each phase
of development, provided that the goals for each phase shall be met
within one year of full occupancy of that phase, and further provided
that goals for the full development shall be met within one year of
full occupancy of the entire development and shall be maintained in
perpetuity.
Any fees assessed under this chapter and deposited in the TDD
trust fund shall be committed under an improvement agreement within
10 years after the date of receipt of such fees. Should any such funds
or a portion thereof not be committed under an improvement agreement
within 10 years after the date of receipt of such fees, such uncommitted
sums shall be refunded, together with interest earned thereon, to
the then-current owner of record of the subject realty, by the County
Treasurer. Such interest shall be calculated from the date of deposit
to the date of refund earned during the period of deposit.
Upon amendment of the TDD plan, the uniform cost per trip may be restructured to a level higher or lower than that provided for by the TDD plan prior to its amendment. Recalculation of the uniform cost per trip and base trip fee following such restructuring shall be applicable in the case of assessments for which approval was granted after the date of amendment of the TDD plan and, pursuant to § 5.02.050B(5), assessments for which final approval was not granted within three years of preliminary approval.
Any owner of realty assessed under this chapter aggrieved by
such assessment may file an appeal pursuant to N.J.S.A. 27:1C-7 and
any applicable regulations of the New Jersey Department of Transportation.
A.
Fees shall be payable as specified in §§ 5.02.060 and 5.02.070. The agent shall issue a late notice or notice of violation, as appropriate for any payment not made within 30 days of when due. The agent shall notify any authority or authorities granting any approvals or permits for the subject realty of the delinquency and of the date on which a default exists. Failure to make any one payment within 60 days after the due date shall constitute a default. A default shall have occurred notwithstanding the agent's failure to issue a late notice or notice of violation, as appropriate. Upon any default and 10 business days following written service of intent to cause a stop-work order on the owner of realty to assessment under this chapter, the agent may cause a stop-work order to be issued enjoining any and all construction on the realty concerning which a default has occurred. Such notice shall be by certified mail or personal service. Upon any default and 10 business days following written service of notice of intent to seek rescission of permits and/or approvals on the owner of realty subject to assessment under this chapter, the agent may cause any permit issued or approvals conditioned upon payment of the TDD fee to be rescinded. Any deficiencies in payment thereof shall constitute a lien on the realty concerning which a default has occurred pursuant N.J.S.A. 27:1C-7c. Interest thereon shall accrue and be calculated at the rate the TDD trust fund earned from the date of the late notice to the date the lien is satisfied. Written notice of such lien shall be recorded by the agent in the book of mortgages in the County Clerk's office.
B.
Any approval or permit rescinded pursuant to this section may be
reinstated, and any stop-work orders issued under this chapter may
be dissolved only upon presentation of proof of satisfaction of lien
to the agent and municipal administrative officer. The agent shall
file an appropriate instrument evidencing the satisfaction of such
lien in the book of mortgages in the County Clerk's office, promptly
following satisfaction of the lien.
