[1975 Code § 86-1; Ord. No. 024-77]
This chapter shall be known and may be cited as the "Off-Tract and Off-Site Improvements Regulations of the Borough of Allentown."
[1975 Code § 86-2; Ord. No. 024-77]
The purpose of this chapter shall be to provide rules, regulations and standards on applications for development pursuant to Chapters 30 and 32 of the Code of the Borough of Allentown for off-tract and off-site improvements necessary to conserve and promote the public health, safety, convenience, morals and general welfare of the present and future residents of the Borough. It shall be administered to promote the orderly and planned growth of municipal services and assets occasioned by proposed development for the benefit of the residents of the Borough of Allentown.
[1975 Code § 86-3; Ord. No. 024-77]
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICATION FOR DEVELOPMENT
- Shall mean the application form, maps and other documents required by this chapter and other applicable zoning and planning ordinances of the Borough, including any fees required therein for consideration and approval of a subdivision plat, site plan, cluster development, conditional use, zoning variance or direction of issuance of a permit, or any combination of the above.
- GENERAL IMPROVEMENTS
- Shall mean any and all municipal improvements or property, no part of which cost has been or is to be specially assessed on property, including the property of the developer, other than as provided for in this chapter.
- LOCAL IMPROVEMENT
- Shall mean an improvement on property, part or all of which cost has been or is to be specially assessed on property, including that of the developer, as provided for in this chapter.
- MUNICIPAL AGENCY
- Shall mean and refer to either the Municipal Planning Board or the Zoning Board of Adjustment, depending on which Board has reviewing authority pursuant to this chapter, and in accordance with N.J.S.A. 40:55D-1 et seq.
- Shall mean located outside the proposed lot lines of the lot or lots in question pursuant to the application for development, but within the property (of which the development lots are a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.
- Shall mean 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.
- Shall mean located on the present or proposed lot or lots for which the application for development is being made.
- Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way, specifically including the total land encompassed and defined herein as on-site and off-site.
- PERFORMANCE GUARANTEE
- Shall mean any security which may be accepted by the Borough in a form and manner of execution acceptable to the Borough Attorney, including performance bonds, cash deposits not exceeding 10% of the total performance guarantee, 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 Borough to complete the guaranteed improvements in the event of the default of a developer.
All other words used herein shall be read in pari materia with the definitions contained in N.J.S.A. 40:55D-1 et seq.
[1975 Code § 86-4; Ord. No. 024-77]
In addition to those improvements enumerated in Chapter 30, Land Subdivision, and Chapter 32, Zoning, of the Code of the Borough of Allentown, the protection of the public interest may require the installation of some or all of the same or similar improvements at locations apart from the property to be subdivided or for which site plan approval is sought, which shall be referred to as off-tract or off-site improvements, as applicable. The improvements shall be installed in accordance with the regulations and design standards as stated in the aforementioned subdivision and zoning regulations of the Borough as applicable to on-site and on-tract improvements. In the event that the Municipal Agency shall determine that the protection of the public interest requires the installation of an off-tract improvement, it shall refer the matter to the Borough Council, which shall determine whether the improvement shall be constructed by the Borough as a general or local improvement or shall be constructed by the developer. Off-site improvements shall be installed by the developer without contribution from the Borough as if they were on-site improvements, except in those circumstances where the improvements to be installed have no beneficial impact on the on-tract property of the developer or owner, in which case they shall be deemed to be off-tract improvements.
[1975 Code § 86-5; Ord. No. 024-77]
On-site or off-tract improvements shall include installation of new improvements or extensions and modifications of existing improvements.
[1975 Code § 86-6; Ord. No. 024-77]
Prior to referral of the matter to the Borough 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:
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase in pedestrian and vehicular traffic generated by the subdivision. In determining such traffic increase, the Municipal Agency may consider 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.
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 or manmade drainage courses, in the alternative, they may be based on the amount of or density of present and future uses.
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.
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.
[1975 Code § 86-7; Ord. No. 024-77]
The Borough Council shall make its determination and shall allocate the cost of such improvements as follows:
In the event that the off-tract improvement shall benefit property in addition to the property being developed and such improvement is to be constructed by the Borough as a general improvement, then the developer shall be required to provide, as a condition for approval of his proposed development, a bonded guarantee, a cash deposit or other security acceptable as to form and execution by the Borough Attorney to insure payment to the Borough of an amount equal to the difference between the total estimated cost of the general improvement and the estimated total amount by which all properties to be serviced thereby, including the property of the developer being developed, will be specifically benefited by the improvement.
In the event that the off-tract improvement will benefit property in addition to the property being developed and such improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in paragraph a above, the bonded guarantee, cash deposit or other security shall also ensure payment to the Borough of the estimated amount by which the property being developed will be specifically benefited by the improvement.
In the event that the off-tract improvement benefits only the property being developed, then the developer shall be required, as a condition for approval of his development application, to install and complete the improvements as part of his development plan in accordance with the requirements of those ordinances generally applicable to on-site and off-tract improvements.
The cost estimates hereinabove referred to shall be made by the Municipal Agency with the aid of the Borough Engineer and such other persons possessing pertinent information or expertise as may be designated by the Municipal Agency.
Properties shall be deemed to be specifically benefitted to the extent that the installation of the off-tract improvement increases the value of such properties for any lawful use to which they are or may be put after deducting the amount that the owners of such properties may reasonably be anticipated to expend to obtain the use of such improvement.
In the event that the developer's share of the cost of the off-tract improvement is to be calculated in accordance with either paragraph a or b above, and such improvement is to be constructed by the developer, then subsequent to the completion of the construction of such improvements, he shall be partially reimbursed for the cost of construction in accordance with the allocation of costs as set forth in paragraphs a and b above, as applicable. Such improvements shall be completed prior to the granting of final approval where the public health, safety or welfare requires, unless the developer shall have provided performance and maintenance guarantees in accordance with the requirements of the ordinance generally applicable to on-site or on-tract improvements.
As nearly as may be practicable, the Municipal Agency shall endeavor to allocate the developer's cost of off-site and/or off-tract improvements at the time that preliminary approval is granted. Nothing contained herein, however, shall be deemed to prevent the Municipal Agency from allocating the developer's cost of off-tract improvements at the time of final approval, as a condition of final approval.
[1975 Code § 86-8; Ord. No. 024-77]
Any performance guarantee provided in accordance with the requirements of this section shall be conditioned upon the completion of the required improvements and for the repair of any damage caused by the owner or developer to any property, public or private, during the installation of the improvements, and the inspection and acceptance of the same by the Borough Engineer. The release of the developer from a performance guarantee, including the providing by the developer of a maintenance guarantee upon completion of all improvements, shall be governed by the standards set forth for other improvements contained in the Borough ordinances.
[1975 Code § 86-9; Ord. No. 024-77]
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 improvement and shall be charged for any amounts less than the developer's appropriate share.
[1975 Code § 86-10; Ord. No. 024-77]
If the Municipal Agency considering the application for development is the Zoning Board of Adjustment, the Board may request a report from the Planning Board, which report when received shall be forwarded to the Borough Council as part of the Zoning Board of Adjustment's report and recommendation to the Borough Council for off-tract improvements.
[1975 Code § 86-11; Ord. No. 024-77]
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other amended ordinances of the municipality relating to land use, such as the subdivision and zoning regulations.
[1975 Code § 86-12; Ord. No. 024-77]
This chapter shall take effect after final passage and publication in accordance with law and upon the filing of a certified copy of the duly adopted chapter with the Monmouth County Planning Board.