[Ord. No. 1992-32 § 11.1]
This Article is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
[Ord. No. 1992-32 § 11.2]
As a condition of final subdivision or site plan approval, the
Municipal Agency may require an applicant to pay his/her pro rata
share of the cost of providing reasonable and necessary circulation
improvements, and water, sewerage, and drainage facilities, including
land and easements, located off-tract of the property limits of the
subdivision or development but necessitated or required by the development.
"Necessary" improvements are those clearly, directly, and substantially
related to the development in question. The Municipal Agency shall
provide in its resolution of approval the basis of the required improvements.
The proportionate or pro rata amount of the cost of such facilities
within a related or common area shall be based on the following criteria.
[Ord. No. 1992-32 § 11.3]
a. Full Allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owner(s)
receive(s) a special benefit thereby or where neither the Borough
nor any other government entity has planned or programmed or accepted
the responsibility for any portion of the cost of the improvements,
the applicant may be required at the applicant's sole expense and
as a condition of approval, to provide and install such improvements.
b. Proportionate Allocation.
1. Where it is determined that properties outside the development will
also be benefitted by the off-tract improvements, and where either
the Borough or any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvement, the following criteria shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
2. Nothing herein shall be construed to prevent the Municipal Agency
and the developer from agreeing to use a different method to allocate
cost.
3. Allocation Formula.
(a)
Sanitary Sewers. The applicant's proportionate share of distribution
facilities including the installation, relocation or replacement of
collector, trunk and interceptor sewers, and appurtenances associated
therewith, shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall
be based on the standards specified in Article 9 of this ordinance,
computed by the developer's engineer and approved by the Municipal
Engineer.
(2)
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated peak hour flows as well
as capacity limits or the affected sewer system;
(3)
If the required system does not exist or the existing system
does not have adequate capacity to accommodate the applicant's flow
given existing and reasonably anticipated peak hour flows, the pro
rata share shall be computed to be the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of improvement
|
=
|
Capacity of improvement
(gallons per day — gpd)
|
Developer's Cost
|
=
|
Development-generated design flow to be accommodated by the
improvement (gpd)
|
ii
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible.
iii The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
Total cost of enlargement or improvement
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity (gpd).
|
Developer's Cost
|
=
|
Development-generated design flow to be accommodated by the
enlargement or improvement (gpd)
|
(b)
Roadways. The applicant's proportionate share of street improvements,
alignment, 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
other associated street or traffic improvements shall be as follows:
(1)
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated future peak hour volumes
for the off-tract improvements;
(2)
The applicant shall furnish, for approval by the Municipal Engineer,
the estimated peak-hour traffic generated by the proposed development
and the proportion thereof which is to be accommodated by the proposed
off-tract improvement.
(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 the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of or improvement\Developer's Cost
|
=
|
Capacity of improvement (peak hour volume) Development traffic
to be accommodated by the enlargement or improvement (peak hour volume)
|
ii
The total cost of an improvement designed to accommodate only
the development traffic volume if such an alternative is technically
possible.
iii The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
Total Cost of enlargement or improvement\Developer's Cost
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity (peak hour volume)\Development traffic to be accommodated
by the enlargement or improvement (peak hour volume)
|
(c)
Drainage Improvements. The applicant's proportionate share of
storm water and drainage improvements including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, rip-rap, improved drainage ditches and appurtenances
thereto, and relocation or replacement of other storm drainage facilities
or appurtenances associated therewith, shall be determined as follows:
(1)
The capacity and the design of the drainage to accommodate storm
water runoff shall be based on the standards specified in Article
9 of this chapter, computed by the developer's engineer and approved
by the Municipal Engineer. The effect of on-site detention, if any,
is to be neglected.
(2)
The capacity of the enlarged, extended, or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer
subject to approval of the Municipal Engineer. The plans for the improved
system may be prepared by the developer's engineer or the Municipal
Engineer at the developer's expense and the estimated cost of the
enlarged system calculated by the Municipal 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 the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of improvement\Developer's Cost
|
=
|
Capacity of improvement (cfs - peak)\Development-generated peak
runoff to be accommodated by the enlargement or improvement (cfs)
|
ii
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible.
iii The partial cost of a shared improvement where
the existing improvement has insufficient capacity:
Total Cost of enlargement or improvement cost\Developer's Cost
|
=
|
Capacity of improvement (cfs peak)\Development-generated peak
runoff to be accommodated by the improvement (cfs)
|
(d)
Water Supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation, or replacement
of water mains, hydrants, valves, and appurtenances associated therewith
shall be computed in accordance with procedures similar to those described
for sanitary sewers, roadway and drainage improvements shall be used.
[Ord. No. 1992-32 § 11.4]
The cost of an improvement shall be construed to encompass all
costs including, but not limited to planning, feasibility studies,
surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
[Ord. No. 1992-32 § 11.5]
Where the proposed off-tract improvement is to be undertaken
at a future date, the monies required for the improvement shall be
deposited in an interest-bearing account 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 the period prescribed
by law, all monies and interest shall be returned to the applicant.