[Amended by Ord. No. 04-42; 4-7-2020 by Ord. No. 20-09]
A. 
Performance guarantee. As a condition of granting final approval of a subdivision or site plan, the approving Board shall require, for the purpose of assuring the installation and maintenance of public improvements, the furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation to be determined by the Township Engineer as set forth in Subsection D of this section, for improvements to be dedicated to the Township, as shown on the approved plans or plat, including streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, conservation easement pins and signs, surveyor's monuments as shown on the final map and required by the Recordation Law (N.J.S.A. 46:26B-1 et seq.), water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements, as well as privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval for each section or phase of development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
At the developer's option a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(2) 
In the event that a developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof the developer shall furnish a separate guarantee referred to herein as "temporary certificate of occupancy guarantee" in compliance with the provisions of N.J.S.A. 40:55D-53a(1)(c) et seq. The municipal official designated to administer the provisions of this section is the Township Engineer.
(3) 
Should a successive developer request a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of property on a construction permit, as a condition of such permit update the new owner shall provide replacement performance guarantees, safety and stability guarantees and/or maintenance guarantees as applicable to the then current stage of development.
B. 
Safety and stability guarantee. The developer shall furnish to the Township a safety and stability guarantee to be available to the Township for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition in compliance with the provisions of N.J.S.A. 40:55D-53a(1)(d) et seq. and as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
At the developer's option the safety and stability guarantee may be provided as a separate guarantee or as a line item in the performance guarantee.
(2) 
The amount of the safety and stability guarantee shall be as follows: for bonded improvements in an amount not exceeding $100,000 the guarantee shall be $5,000. The amount of the safety and stability guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of all the bonded improvements, or applicable phase or stage of development, as follows: $5,000 for the first $100,000 of bonded improvements plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000 plus 1% of bonded improvements costs in excess of $1,000,000.
C. 
Maintenance guarantee. As a condition precedent to the release of a performance guarantee the approving Board shall require the furnishing of a maintenance guarantee to be posted with the Township Committee as provided for herein. Upon final acceptance of the improvements by the Township Engineer consistent with the procedures as outlined in Subsection H, and before the release of the performance guarantee by the Township Committee, the developer shall post a maintenance guarantee with the Township in the amount of 15% of the costs of the installation of the public improvements which are being released. The developer shall also post a maintenance guarantee in an amount not to exceed 15% of the costs of the installation of the following private site improvements: stormwater management system; inflow and water quality structures within the basins; and the outflow pipes and structures of the stormwater management system, if any. Said maintenance guarantee(s) shall run for a period of two years after release of the performance guarantee of the improvements if such are dedicated to the public or the date of approval by the Township Engineer if private improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality for such utilities or improvements. Cash cannot be required as any part of such maintenance guarantee by the approving Board, though the developer at its option may so provide all or a portion in cash.
D. 
Cost determination. The cost of installation of improvements for the purposes of Subsections A, B and C of this section shall be estimated by the Township Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. An itemized list of costs shall be provided by the developer to the Township Engineer for use in creating an itemized cost estimate to be used in determining the applicable guarantees and fees required in connection with the developer's project. The developer may appeal the Township Engineer's estimate to the Township Committee. The Township Committee shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the municipality based upon the cost of the installation of improvements as determined by the Township Committee, he may institute legal action within one year of the posting in order to preserve the right to judicial determination as to the fairness and reasonableness of the amount of the guarantee. For a performance guarantee or safety and stability guarantee, the first 10% shall be in cash, in the form of a cashier's check, as provided for in N.J.S.A. 40:55D-53.3. The remaining amount of all guarantees shall be provided in a form acceptable to and reviewed to the satisfaction of the Township Attorney. In addition to other acceptable forms of surety, the Township may accept a performance guarantee, temporary certificate of occupancy guarantee, safety and stability guarantee, maintenance guarantee or an irrevocable letter of credit, if it is issued by a banking or savings institution authorized to do so and doing business in this state, which is irrevocable, unconditional, subject to all requirements of this chapter and is issued in a form acceptable to the Township Attorney.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Other agency guarantees. In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.
F. 
Time of guarantee. Performance guarantees shall run for a term not to exceed 24 months. However, at the request of the developer the time allowed for installation of improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution. As a condition of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the costs of the installation, which costs shall be determined by the Township Engineer as set forth in Subsection D of this section as of the time of passage of the resolution. Also, as a condition of such extension the safety and security guarantee, and any temporary certificate of occupancy guarantee, shall be increased or reduced as applicable.
G. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the safety and stability guarantee, or the temporary certificate of occupancy guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may, either prior to or after receipt of the proceeds thereof, complete such improvements; such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Procedures required before releasing or reducing the performance guarantee.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the Township Committee, in writing, by certified mail addressed to the care of the Municipal Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared for the performance guarantee, a list of all uncompleted or unsatisfactorily completed bonded improvements. A copy of the request shall also be mailed to the Township Engineer. The Township Engineer shall inspect all improvements covered by the obligor's request and shall provide a detailed list and report to the Township Committee, and simultaneously to the obligor, no later than 45 days from receipt of the request for such inspection.
(2) 
The report prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be permitted in the performance guarantee relating to the completed and satisfactory improvements in accordance with the itemized cost estimate prepared for and appended to the performance guarantee. In addition to the above, when the obligor requests a release of performance guarantees for an item to be dedicated to the Township, the obligor shall also provide the documents and information required by § 296-51, Acceptance of subdivision improvements, as to those items to be dedicated.
I. 
Action of the Township Committee. The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. The resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from liability pursuant to its performance guarantee and safety and stability guarantee for the approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee and safety and stability guarantee posted may be retained to ensure completion of all improvements.
(1) 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection H of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the costs of applying to the court, including reasonable attorney fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee and safety and security guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements; and approval of a reduction in the performance and safety and stability guarantees for the approved complete and satisfactory improvements; and approval of a reduction in the performance and safety and stability guarantees with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this section; and the cost of applying to the court, including reasonable attorney fees which may be awarded to the prevailing party.
(2) 
In the event that the obligor has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and security guarantee the Township may retain such cash equal to the amount of the remaining safety and security guarantee.
J. 
Rejected improvements. If any portion of the required improvements is rejected, the approving Board may require the obligor to complete or correct such improvements, and upon completion or correction the same procedure and notification as set forth in this article shall be followed.
K. 
Stages or sections. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall be applied to the stage or section.
[Amended 4-7-2020 by Ord. No. 20-09]
A. 
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspections of the foregoing improvements, provided that the Township may require of the developer a deposit for the inspection fees in the amount, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements subject to a performance guarantee as determined pursuant to Subsection D of § 296-49 and N.J.S.A. 40:55D-53h et seq. Further, the Township may also require an escrow fee not to exceed 5% of the costs of the private site improvements that are not subject to the performance guarantee. The itemized cost list provided by the developer to the Township Engineer in § 296-49D and the itemized cost estimate provided by the Township Engineer shall include the cost of all public and private improvements in order that the estimate may also be used to identify the appropriate amount for inspection fees for the project. Payment of the inspection fees may be made in installments as provided for in N.J.S.A. 40:55D-53h.
B. 
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to N.J.S.A. 40:55D-53h, is insufficient to cover the costs of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which informs the developer of the need for the additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections and estimates the cost for performing those inspections.
The Township Committee shall accept subdivision improvements such as streets, roads, trails, public easements, drainage and conservation easements, utility easements, etc., and other lands dedicated to public use into Township ownership only after the following requirements have been met:
A. 
Receipt by the Township Committee of a written certification from the Township Engineer that all improvements to be accepted into Township ownership have been properly maintained through the maintenance guarantee period and are functioning properly in accordance with the approved plans, specifications and any amendments thereto.
B. 
An affidavit of title from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township or other governmental agency or authority of the Township.
C. 
Receipt of a written statement from the Raritan Township Municipal Utilities Authority to the Township Committee and administrative officer confirming that any public sewage facilities which have been installed on the tract or within the improvement have been installed in accordance with the approved plans and any amendments thereto, and in accordance with applicable Township ordinances and specifications.
D. 
The developer and the developer's engineer shall certify in writing that all improvements have been constructed, installed and maintained and are operating in accordance with the approved plans and any amendments thereto.
E. 
Deeds, free and clear of all encumbrances, for all streets, roads, trails, public easements, drainage and conservation easements, utility easements, and other lands dedicated to public use and any improvements to be dedicated or deeded to the Township or other public agency shall be forwarded to the Municipal Clerk and approved as to form and content by the Township Attorney and Engineer. Upon satisfactory compliance as aforesaid, the maintenance guarantee posted by the developer may be released by resolution of the Township Committee. The Township Committee need not accept any roads or other improvements if the roads or other improvements will be used by the developer to complete other portions of the tract or development.
F. 
Submission of as-built plans (including the complete drainage system) geo-referenced to the New Jersey State Plane Coordinate System NAD 83 on CD or other acceptable electronic format.
[Amended by Ord. No. 06-11]
Developments that include or front on existing streets which do not conform to pavement and/or right-of-way widths as shown on the Master Plan or Official Map shall dedicate and improve to Township specifications the additional width from the center line of the road abutting the property being subdivided. If the subdivision adjoins one side of an existing road which does not meet standards, 1/2 of the required extra width shall be dedicated and improved to Township specifications. When in the interests of traffic safety, health, convenience and good planning a postponement of the installation or construction of a widened roadway is desirable, the Planning Board may authorize such postponement, provided that the developer shall deposit with the Township the cost of the improvement in lieu of actually constructing or installing the same in the same manner as required in this chapter.
A. 
Maintenance of on-tract improvements; developer/landowner responsibility.
(1) 
During the course of development of a tract and construction of improvements, the developer/landowner shall be responsible to insure the safety and proper on-going maintenance of the facilities and improvements on the tract. The performance guarantee as required by these development regulations and N.J.S.A. 40:55D-53 is posted to insure the proper installation and maintenance during the performance period of all improvements installed by the developer/landowner in accordance with the approved plans, specifications and any amendments thereto required for approval of the development by the Planning Board/Zoning Board of Adjustment.
(2) 
All on-tract improvements shall be maintained by the developer/landowner as a condition of continued development, use and occupancy of the property. On-tract drainage facilities, including detention and/or retention basins, shall be maintained by the developer/landowner unless accepted by the municipality at the satisfactory termination of the performance period. All drainageways or drainage structures shall be contained within the drainage easement to permit access by municipal maintenance personnel for inspections of the facilities and for emergency repair of such drainage facilities. Said easements or emergency repair shall not be deemed or in any way construed that the municipality is accepting a dedication or responsible for the maintenance of the drainage facilities.
B. 
Snow removal; salting/sanding. Until such time as the privately owned, on-tract improvements installed by the developer have been accepted into Township ownership as set forth in these development regulations or deeded and turned over to a private homeowners' association, the developer/landowner shall be responsible for the removal of snow and sanding and/or salting of streets, roadways and other areas or rights-of-way for passage. The developer/landowner shall also be responsible for sweeping the streets, roadways, and rights-of-way as soon as feasibly possible after the application of salt and/or sand to remove any excess from the road surface.
[Amended by Ord. No. 06-11]
C. 
Performance guarantee period.
(1) 
During the time period when the developer/landowner is constructing improvements (performance guarantee period), the developer/landowner shall remove all snow and salt and/or sand the roadway, street and right-of-way areas within the tract to ensure safe passage by all persons and vehicles. Failure to fulfill such responsibility shall be deemed a breach and default of the performance guarantee. If the Township, in the sole discretion of its agents and employees, determines that the health, safety or welfare of persons or property may be affected by the breach of responsibility and performance by the developer/landowner, the Township in such emergency situation shall be authorized to plow and remove snow and sand and/or salt the road, street or right-of-way areas within the development.
(2) 
All costs incurred in the emergency action undertaken by the Township shall be charged against and deducted from the performance guarantee posted by the developer/landowner as a default of their responsibility and obligations to perform under the guarantee. Any such emergency action by the Township shall not be construed as undertaking of any of the developer/landowner's continued obligations or responsibilities and shall further not be deemed or construed as an acceptance of any proposed dedication of the improvement. The developer/landowner shall indemnify and hold the Township harmless for any damages or injuries to persons or property of the developer, the Township, or others resulting from such emergency action, and such damages shall likewise be charged against and deducted from the performance guarantee.
D. 
Billing. The Township Public Works Department shall keep detailed records of the time, materials, equipment and men utilized for such services within the developer/landowner's tract and the same shall be submitted to the Chief Financial Officer for billing the cost of such snowplowing, sanding or salting at the current rate established by resolution for such services by the Township Public Works Department and on file in the Municipal Clerk's office. The Township Chief Financial Officer shall forward the bill for services to the developer/landowner indicating the deduction to be made from the performance guarantee.
E. 
Indemnification. The developer's agreement executed between the Township and any developer shall provide that the developer:
(1) 
Authorizes deductions from the escrow account for services under this chapter;
(2) 
Acknowledges that arterial or through roads of the Township receive top priority in snowplowing over secondary or development roads and that the Township shall not be held liable by the developer/landowner for any delays in plowing;
(3) 
Agrees to hold harmless and indemnify the Township and its employees from any liability or damage to persons or property resulting during the course of the Township fulfilling the developer's responsibility in removing snow and sanding or salting of the streets and roadways within the development or delays in providing these services; and
(4) 
Acknowledges that the providing of snowplowing, sanding or salting services is not an acceptance and shall not be construed as an acceptance of a dedication of any improvements from the developer/landowner, nor shall such services be deemed as the Township exercising any dominion or control of or over the developer's/landowner's property, but rather such services are being provided on an interim basis to protect and ensure the public health, safety and welfare of persons due to the stage of development of the tract.
F. 
The street clearing activity by the Township under this article shall not apply to streets which are to remain in private ownership in planned residential developments (PRDs) since their homeowners' association must undertake the road maintenance responsibility.
Every developer, as a condition of approval, shall be required to pay his or her pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the tract limits of the development but necessitated or required by construction or improvements within such development. The off-tract improvements for which the developer must contribute shall be based on the circulation plan and the utility service plan elements of the Master Plan. If no other property would obtain a significant benefit from such improvements, the developer shall pay the entire cost thereof. If other property within a related and common area would obtain a benefit from such improvements, then the Planning Board shall determine the proportionate cost of each element of the improvements which shall be borne by each developer or owner within such area. Where a developer pays the amount determined as his or her pro rata share under protest, he or she shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount. Any site plan requiring off-tract improvements shall comply with the provisions and design standards of this chapter as appropriate. Performance and maintenance guarantees shall be provided in accordance with § 296-49 as appropriate. Extensions of existing roads, water lines and sanitary and storm sewers required as a condition of final approval to service the development shall not be considered an off-tract improvement.
A. 
Circulation improvement. Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements. The owner's or developer's proportionate cost shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Water distribution facilities. As required by franchised water supplier.
C. 
Stormwater and drainage improvements. Stormwater and drainage improvements, including the installation, relocation or replacement of storm sewers, culverts, bridges, catch basins, and detention and retention ponds, and the installation, relocation or replacement of other appurtenances associated therewith. The owner's or subdivider's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the deficient existing peak flow in cubic feet per second for the existing system and the estimated peak flow as proposed to be delivered. For the purposes of calculations, the standards set forth in § 296-208 of this chapter shall be used. The ratio thus calculated shall be increased by 10% for contingencies.
D. 
Sanitary sewer facilities. As required by the Raritan Township Municipal Utilities Authority.
E. 
Escrow account. Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the Township in an interest-bearing account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.
A. 
Findings and purpose.
(1) 
The Township Committee finds that:
(a) 
The Township is responsible for and committed to the provision of an adequate system of transportation within the Township.
(b) 
New residential and nonresidential development is aggregated in certain development areas. Such development causes and imposes demands on the Township transportation system.
(c) 
Planning projections indicate that such development will continue and will place ever-increasing demands on the Township's transportation system.
(d) 
To the extent that such development in aggregated areas places demands on the existing transportation system, those demands which will necessitate significant improvements should be shifted in a fair and reasonable manner from the public at large to the developments actually creating the demands.
(2) 
The Township Committee after careful consideration finds and declares that it is necessary to establish a Transportation Improvement District (TID-1) and that the TID-1 contribution imposed upon residential and nonresidential development in order to finance transportation improvements within the TID-1 area, the demand for which is created by both the residential and nonresidential development, is in the best interest of the general welfare of the Township and its residents and is equitable.
B. 
Intent. This section is intended to impose a TID-1 contribution at the time of certificate of occupancy issuance (and as a condition precedent to such issuance) in an amount based upon variables to reflect expected trip generation from nonresidential development, and number of units of residential development, and to finance transportation improvements, the demand for which is generated by new developments within the TID-1 area. The Township is responsible for meeting its fair share of such improvements reflecting existing development and traffic volumes. After studies by the Township's Traffic Consultant (Travers Associates, Inc., and Rocciola Engineering) published in a report titled "Raritan Transportation Improvement District No. 1," dated June 1990 (hereinafter referred to as the "Travers Study - June 1990"), which was subsequently amended by Rocciola Engineering and summarized in a memorandum report dated June 25, 2001, the Township's share has been established as 78% of the amount specified in Subsection E of this section. Only needs created by new development will be met by such TID-1 contribution. The TID-1 contribution shall be spent on transportation improvements that substantially benefit those developments within the TID-1 area.
[Amended by Ord. No. 01-25]
C. 
Applicability. This section shall be uniformly applicable to development that occurs within the designated TID-1 area.
D. 
Establishment of TID-1. Pursuant to N.J.S.A. 40:55D-39 there is established a Transportation Improvement District (TID-1) which shall include the area bounded by Voorhees Corner Road (CR 650) on the north; Old York Road between Voorhees Corner Road and Clover Hill Road on the east; Clover Hill Road between Old York Road and Amwell Road on the east; Amwell Road and Old York Road to Route 202/31 on the south; and Route 202/31 and Route 202 between Old York Road and Voorhees Corner Road on the west. The establishment of such TID-1 is in accordance with the recommendations of the Master Plan of the Township of Raritan.
E. 
Improvements costs. Based upon a traffic engineering review of the TID-1 area as described, $9,519,000 of street and traffic control improvements are deemed necessary within this area in current 2001 dollars. The Travers Study - June 1990 was amended by Rocciola Engineering and summarized in a memorandum report dated June 25, 2001; both documents are on file in the Department of Engineering, Planning and Zoning of the Township of Raritan. In 2001 dollars, after accounting for TID-1 funds currently collected as of June 15, 2001, the total remaining cost is $8,792,761.45. That sum is broken down to $6,858,353.93 as the Township responsibility and $1,934,407.52 as the allocation that shall be borne on a pro rata basis as set forth in Subsection F of this section.
[Amended by Ord. No. 01-25]
F. 
Calculation of contribution.
[Amended by Ord. No. 01-25]
(1) 
Based upon counts of existing traffic volumes and projected trip generation of uses within the TID-1, the following is deemed the pro rata amount of the cost of such improvements that shall be borne by each developer or owner with respect to development applications within the TID-1 District:
TID Fee Schedule
Land Use
Unit
Cost
Residential
Home
$1,076.00
Retail
SF GLA
$3.98 ($1.00 highway)
Office
SF GLA
$1.57 ($0.39 highway)
Medical office
SF
$3.86 ($0.96 highway)
Building materials
SF
$2.20 ($0.55 highway)
Quality restaurant
Seat
$110.61 ($27.69 highway)
High-turnover restaurant
Seat
$291.43 ($72.80 highway)
Fast-food restaurant with drive-through
SF
$17.66 ($4.12 highway)
For uses not listed above the fee is calculated as follows:
TID Fee = $1,055.13 x T x P x H
Where:
$1,055.13
=
Cost per trip
T
=
Peak trip hours
P
=
Percent of primary trips
H
=
0.25 highway access factor, where applicable
(2) 
Combination of uses as part of a development shall be divided into component parts based upon the appropriate formula above.
(3) 
The methodology to determine the appropriate cost trip generation shall be as established by the Travers Study - June 1990 and as amended by the Rocciola Engineering Memorandum dated June 25, 2001.
(4) 
Where the property which is the subject of a development application falls within TID-1, the pro rata amount of the cost of off-tract street and traffic control improvements shall be borne by each developer or owner with respect to such development application within the TID-1. The TID-1 contribution shall be determined by the formula specified in the TID fee schedule.
(5) 
Any calculation based upon square footage of floor area shall be deemed to be gross square footage which shall for the purpose of this section extend to the exterior perimeter of such building or structure. Any change of use necessitating a development application shall be subject to a TID-1 contribution based upon the difference between the existing trip generation and the anticipated trip generation based upon the formula set forth herein when the anticipated trip generation is greater than the existing trip generation.
G. 
Findings and approvals. The Municipal Agency, in deliberation with respect to any application for preliminary approval with regard to property located within TID-1, shall consider, and make appropriate findings, in concept form, as to amounts to be covered in a developer's TID-1 contribution agreement. A condition to any final approval shall be that the applicant enter into an agreement with the Township of Raritan (developer's TID-1 contribution agreement) based upon the findings of facts and conditions of such approval that will provide for the following:
(1) 
Payment of a TID-1 contribution fee representing the applicant's fair share of street and traffic control improvements in accordance with the standards set forth in this section including provision for adjustment of such fee due to inflation. Such fee shall be adjusted annually in January by applying the construction cost index as published by McGraw-Hill Publishers in the Engineering News Record or, if such periodical is no longer published, as published in another publication of similar reputation and reliability. If, as of any relevant date, the index is no longer published or issued, the Federal Highway Administration's bid price index or such other index as accurately reflects the effects of general economic conditions and influences upon the cost of constructing road improvements in New Jersey shall be used and employed in the place and stead thereof.
(2) 
A description of improvements to be made by or at the expense of the developer in lieu of a fee contribution or some combination thereof, if any, and the timing or sequencing of such installation. Such improvements shall only be permitted by the Municipal Agency in lieu of TID-1 contribution if the Board finds, after consultation with the Township Engineer, that such improvements are a part of the TID-1 improvements set forth by the Township Engineer in the cost estimate breakdown dated April 20, 1989, as amended by the revised Table 4 (TID Improvement Cost Estimate) prepared by the Township Engineer and dated December 12, 2000, and that such improvements are such that traffic operating characteristics will be safe and adequate following completion of such improvement.
(3) 
Such other matters as may be recommended by the Municipal Agency.
[Amended by Ord. No. 01-25]
H. 
Use of funds collected. Any funds collected by way of TID-1 contribution shall be maintained in a separate escrow account credited to the Township. Such funds shall be used only for improvements referred to in the Travers Study - June 1990, as amended by the Rocciola Engineering Memorandum dated June 25, 2001, and specifically the cost estimate breakdown dated April 20, 1989, as amended by the revised Table 4 (TID Improvement Cost Estimate) prepared by the Township Engineer and dated December 12, 2000. The Township shall publish a yearly notice in the official newspaper of the Township indicating where TID-1 funds have been spent.
[Amended by Ord. No. 01-25]
I. 
Effect of Transportation Improvement District on development applications with prior approvals. An applicant who has obtained preliminary or final approval prior to the effective date of the ordinance codified in this section with respect to a development application located within the TID-1 area, provided such approvals are valid, and provided such applicant has not agreed via a Planning Board resolution and/or written communication to TID contribution, shall not be subject to the provisions of this section. All applicants whose preliminary or final approval resolution incorporates a TID contribution or who have provided written communication agreeing to a TID contribution or who shall hereafter make an application for approval of a development application shall be subject to the provisions of this section.
J. 
Low- and moderate-income housing. Development applications containing proposals for low- and moderate-income housing, as defined by ordinance, shall be subject to this section, except that any computations with respect to the number of units shall exclude units which are approved as low- and moderate-income units.
K. 
Exemption for public buildings. Development applications made by a public agency for the construction of a public building such as a federal, state, county, municipal, school, or emergency service facility or building shall be exempt from this section provided that the Township Committee finds that the proposed building will serve a public purpose and promote the public health, safety and welfare.
L. 
Payment in lieu agreement. No certificate of occupancy shall be issued for a development in the designated TID-1 area as herein defined unless the TID-1 contribution as imposed by this section and calculated as per this section has been paid to the Township, and unless the Municipal Agency and the Township have specifically made an arrangement with the developer through a developer's TID-1 contribution agreement that such TID-1 contribution may take the form of physical improvements.
M. 
Contingencies. The pro rata amounts within Subsection F of this section shall not be subject to be increased by 10% for contingencies as set forth in this section.