Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
This chapter may be known and cited as the Land Subdivision Ordinance of the Township of East Windsor.
It is the intent of the Township Council to provide rules, regulations and standards by which the township agencies approving applications for land subdivision pursuant to N.J.S. 40:55D-1 et seq. (L. 1975, C. 291) may be guided. It is the intent of this chapter to provide for orderly growth and development and for the installation of all improvements necessary for the health, safety and general welfare of the township and present and future inhabitants while at the same time providing fair and reasonable standards of performance for applicants.
A minor subdivision is a subdivision meeting the requirements set forth in N.J.S. 40:55D-5 and which, after approval, will not 1) divide the lot for which subdivision is sought into a total of more than three lots (including any remnants of the original lot) all of which must front on an improved street; 2) involve the development of a planned development; 3) involve the creation of a new street; 4) involve the extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 19-6.2 hereof. Any lot for which minor subdivision approval has been granted shall not thereafter be subdivided by virtue of a minor subdivision approval for a period of one year from the date of its most recent subdivision.
In the event that the lots to be subdivided do not have access to sanitary sewer lines of the East Windsor Municipal Utilities Authority, the applicant shall, as part of his application, submit proof from the health department of compliance with section 18-4 the Individual Sewage Disposal System Code.
On or before February 1 of each year the chairman of the planning board may appoint three members of the board to serve for the remainder of the year. The committee shall classify subdivisions as major or minor by subcommittee, but in no event by a vote of less than two members of those present and voting of the subcommittee based on a sketch plat submitted in conformance with requirements set forth in subsection 20-30.0603a and c of the township zoning ordinance together with such other requirements as may be promulgated by the planning board. If the chairman does not appoint a subdivision committee the full board shall serve as a committee of the whole in determining the classification of subdivision applications. If the board acts as a committee of the whole, it shall classify subdivisions by a majority vote of the quorum.
Minor subdivisions shall be approved in accordance with subsection 21-1.8a of the East Windsor Land Use Procedures Ordinance.
In minor subdivision applications, notice and public hearing shall not be required, except that the planning board may require notice and hearing if in its discretion such notice and hearing are necessary.
Minor subdivision approval shall be deemed to be final approval of the subdivision provided that such final approval may include such terms insuring provision of improvements as may be required pursuant to the ordinances of the Township of East Windsor or State law.
The planning board may require such further information as it deems necessary to be submitted by an applicant in addition to that specified herein pursuant to rules and regulations as promulgated by the board.
Except as otherwise stated in this chapter all words shall be defined exactly as they are defined in N.J.S. 40:55D-3 through 7 (Municipal Land Use Law of 1975) or, if not defined therein, as they are defined in the Revised General Ordinances of the Township of East Windsor.
a. 
Design Criteria. In preparation of preliminary plats and all engineering documents and plans to be presented for major subdivision approval, the developer shall be guided by the design objectives set forth in subsections 20-30.0501a and b of the East Windsor Township Zoning Ordinance and by the specific provisions of the East Windsor Township Technical Standards Ordinance.
b. 
Preliminary Plats. A preliminary plat is intended to provide the planning board with a detailed and exact view of what a developer intends to do in an approved major subdivision as to:
1. 
Shape and location of lots;
2. 
All buildings and other improvements to be built on said lots;
3. 
All proposed landscape improvements and significant existing vegetation. The applicant shall submit to the board of jurisdiction a landscape plan, planting schedule, maintenance specification and planting details prepared by a certified landscape architect containing information set forth in Chapter 22, Technical Standards.
4. 
All prominent natural features such as hills, streams and wooded areas as set forth in Chapter 22, Technical Standards. The developer shall submit to the board of jurisdiction an aerial photograph, or copy of an aerial photograph with the site boundaries clearly indicated. This photograph or print must be of a scale of 1" = 400' or less, must have been taken within a five year period of the date of submission, and must clearly indicate existing vegetation, structures and surrounding land uses.
5. 
All streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other approved means of sewerage disposal, drainage structures, erosion and sedimentation control devices, public open space improvements, and such other related on-and-off tract improvements as the Planning Board may find necessary to require as a condition of preliminary approval.
The developer shall submit to the planning board preliminary plats and appended engineering drawings and preliminary floor plans and elevation and statistical schedules containing all the information set forth in the East Windsor Township zoning chapter, sections 20-30.0502; 20-30.0503 and 20-30.0703 and all schedules and other information as required by Chapter 22, Technical Standards Ordinance, and Chapter 12, Trees and Shrubs, of the Revised General Ordinances of the Township of East Windsor.
c. 
In the event that the preliminary application does not deal with one or more of the problems or the requirements cited above, an applicant may apply to the planning board for a waiver of the information requirements relating thereto.
The planning board may authorize, by two-thirds of the full regular membership (six of nine), such waiver as will not be contrary to the public health, safety and welfare, or the objectives of the chapter, upon showing by the applicant that the literal enforcement of one or more of the information requirements review provisions is impractical or will result in an unnecessary hardship, which for the purposes of this section shall not mean mere inconvenience.
An application for a waiver shall be made in writing to the planning board. In granting waivers, the planning board may impose such conditions, safeguards, and restrictions as will be necessary to carry out the purposes and intent of the provisions of this chapter. The developer shall submit seven copies of a completed application as described in paragraph b of subsection 19-5.1 to the secretary of the planning board, who shall distribute them to the township engineer, the construction official, the health officer, the planning board attorney, the chairman of the planning board, and shall make two copies available for review at the planning board office. Within 45 days of receipt thereof the developer shall be notified by the secretary of the planning board if the application is incomplete in any respect. If the secretary has not notified the developer that the application is incomplete, the application shall be deemed to have been accepted at the end of 45 days. If the application has been found by the secretary of the planning board to be incomplete, at such time as the application is determined by the secretary to be complete, the application shall be deemed to have been accepted for purposes of commencing the applicable time period. At that time the developer will provide 25 copies of the application and all attachments thereto for use by the township officials and the planning board in reviewing the application.
d. 
The planning board shall review the application at a hearing held in conformance with section 21-3 of the East Windsor Township Land Use Procedures Ordinance. Based on conformity with the Zoning and Technical Standards Ordinance and with other provisions of the Revised General Ordinances of the Township of East Windsor and based on recommendations of township officials and agencies to which the application may have been referred the planning board may require amendments to provide for closer conformity with township requirements.
e. 
The planning board shall grant or deny the application within the time limits set forth in section 21-1.8b of the East Windsor Township Land Use Procedures Ordinance. All copies of preliminary approval whether signed by the chairman or signed by the secretary in the absence of the chairman's signature, shall have appended thereto all referenced and submitted drawings relating to the subdivision and thereafter all correspondence of any sort relating to the preliminary plat and it only shall be considered the authoritative document of the terms and conditions imposed of the developer.
f. 
In order to prevent the abandonment of partially improved subdivisions which would be a hazard and a public nuisance and which would have to be remedied with public funds, the township shall require the developer as a condition of preliminary approval to post a completion bond in an amount equal to ten percentum of the township engineer's estimate as to the total construction cost of the public improvements as required by the planning board to be included in the preliminary plat. This bond shall remain in force until final approval.
a. 
Twenty-five copies of the final plat shall be submitted to the secretary of the planning board within three years from the date of preliminary approval or within such time as may have been specified at or subsequent to the date of approval.
b. 
The final plat shall conform to the standards prescribed by the Map Filing Law, N.J.S. 46:23-9.9 et seq. (L. 1960, C. 141) and shall contain such other information as the Board deems appropriate including but not limited to a copy of all plats and documents accepted by the Board at the time of preliminary approval marked clearly so as to reflect all changes, additions or departures from the preliminary plan as approved and all such construction data as the township engineer shall require to certify to the planning board that the developer has complied with the Technical Standards Ordinance of the Township.
c. 
The final plat shall be accompanied by a statement from the township engineer that he is in receipt of such maps and drawings as he requires of all utilities and their exact locations and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following:
1. 
Installation of all improvements (except the final paving on streets) in accordance with the requirements of township ordinances; or
2. 
A performance guarantee has been posted in sufficient amount to insure the completion of all required improvements.
d. 
Final approval shall be granted or denied within 45 days after submission and acceptance by the secretary of the planning board of a complete application or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the secretary of the planning board as to the failure of the planning board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. If the final plat be approved by the planning board or if approval be deemed to have been given by failure of the planning board to act as set forth in subsection 19-5.2c, the endorsement of the chairman and secretary of the planning board or, in the latter case, the secretary of the planning board shall be made on the final plat. Thereafter, all correspondence relating to the subdivision and all construction drawings and as-built drawings shall reference the final signed or endorsed copy of the final plat and it only shall be considered the authoritative document of the terms and conditions imposed on the developer.
e. 
Whenever review or approval of the application by the county planning board is required, the township planning board shall condition any approval that it grants on timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
a. 
No final plat approval shall be given until the developer shall have installed all streets (except the final paving), grading, pavement, gutters, curbs, sidewalks, street lighting, landscape improvements, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal that have been approved, drainage structures, erosion control and sedimentation control devices, public improvements of open space in accordance with the ordinances of East Windsor Township.
b. 
Performance Guarantee in Lieu of Completing Improvement.
1. 
In lieu of completing all such improvements, the developer may, and in any event for completion of final paving of streets he shall, post a performance guarantee in the amount equal to 120 percentum of the cost of constructing such improvements as have not been constructed prior to the application for final approval.
2. 
The performance guarantee shall consist of a performance bond or other suitable security in a form acceptable to the township attorney. In the case of a performance bond, it shall be executed by a surety company approved by the State of New Jersey and acceptable to the township council in an amount not to exceed 90 percentum of the entire amount of the performance guarantee and either cash or cashier's or certified check for an amount equal to not less than ten per centum of the entire amount of such performance guarantee.
c. 
Any performance guarantee executed under paragraph b2 of this subsection shall describe in detail the improvements to be guaranteed with specific description of each and every construction detail and quantity and estimated cost for each improvement. Each improvement shall further be described by means of engineering drawings signed and sealed on behalf of the township and of the developer by their respective engineers and appended physically to the performance bond instrument. The text of the performance bond shall further state in detail the requirement for the presentation of as-built drawings as a condition to release of the said bond and provide an estimate as to the cost of said as-built drawings which estimate shall be included as part of the cost of improvements. No performance guarantees covering improvements to be owned by the East Windsor Municipal Utilities Authority need be posted with the township if the subdivision owner shall present proof of posting guarantees in an amount and in a form acceptable to the said Authority covering such improvements.
d. 
A cashier's or certified check submitted as part of the performance guarantee under paragraph "b", "2" of this subsection shall be made payable to the Township of East Windsor.
e. 
Reduction of Performance Guarantee.
1. 
Provision Applicable.
(a) 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the township council by resolution. As a condition or as part 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 percent of the cost of the installation as determined as of the time of the passage of the resolution.
(b) 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements.
(c) 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the township council in writing, by certified mail addressed in care of the township clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the township engineer and where applicable to the homeowners association and each member of its board of directors, or in the case of a residential development without a homeowners association, to each property owner within the development, by certified mail. Thereupon the township engineer shall inspect all improvements of which such notice has been given and, within 45 days after receipt of the obligor's request, shall file a detailed report, in writing, with the township council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth. A copy of the engineer's report shall simultaneously be sent to the obligor.
The township council, 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. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the township engineer. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30 percent of the amount of the performance guarantee posted may be retained to ensure completion of all improvements.
If the township engineer fails to send or provide the list and report as requested by the obligor pursuant to 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 a list and report within the stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the governing body fails to approve or reject the improvements determined by the township engineer to be complete and satisfactory or reduce the performance 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 the stated time, approval of the complete and satisfactory improvements and approval of the reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(d) 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
(e) 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the municipal engineer for such inspection.
(f) 
In the event that final approval is by stages or sections of development, the provisions of this paragraph shall be applied by stage or section.
2. 
If any performance guarantee shall consist in part of a performance bond, any partial release as granted by the township council shall be applied to reduce the amount of the performance bond before any reduction in the cash portion of the performance guarantee is granted.
f. 
Any cash or check deposited with the township under paragraph ("b"), ("2") of this subsection shall be held by the township treasurer as escrow agent. Prior to the treasurer's accepting such cash or check the subdivision owner and the township shall enter into an escrow agreement clearly defining the terms and conditions under which the cash or check shall be returned to the subdivision owner or shall be paid over to the township in the event the treasurer as escrow agent determines the subdivision owner has failed to meet his obligations under the agreement. Such agreement shall be sufficiently detailed as to time of completion, construction standards, design and location of the exact responsibilities of the subdivision owner are defined with precision. Such agreement shall be approved by resolution of the township council and its terms and conditions may only be modified on passage of a resolution approving such modification.
Prior to release of any performance guarantee or portion thereof the developer shall post a maintenance guarantee in an amount equal to 15 percentum of the actual cost of any improvement to be accepted by the township. Such maintenance guarantee shall be written for a period of two years from the date of township acceptance of the improvement which it guarantees.
a. 
In cases where off-tract street, water, sewerage and/or drainage improvements are necessary and reasonable in order to meet the needs, features or problems relating to provision of adequate services and facilities proposed in the subdivision or site plan application, and where no other property owners receive benefit thereby, the municipal board of jurisdiction may require the applicant, as a condition of approval, to provide for and construct such improvement(s) at the applicant's expense, as if such were ontract improvements in the manner provided hereafter and as otherwise provided by law.
b. 
The municipal board of jurisdiction may require the applicant to make street improvements, at the applicant's sole expense, to existing township streets which are contiguous to the property which is the subject of the development application, from the edge of the property to the center line of such streets. Improvements to the portions of such streets lying on the opposite side of the center line shall be governed by subsection 19-6.7.
a. 
In cases where the need for any off-tract improvement, except for street improvements governed by subsection 19-6.7, is necessitated by the proposed development application and where the planning board determines that properties outside the property which is the subject of the development application will also be benefited by the improvement, the planning board shall forthwith forward to the township council a list and description of all such improvements together with a request that the township council determine and advise the planning board as to the procedure to be followed in the construction or installation thereof. The planning board may condition its approval of the development application upon a determination by the township council of the procedures to be followed.
b. 
The township council shall, prior to final approval of a development application, determine and advise the planning board whether:
1. 
The improvement or improvements are to be constructed or installed by the municipality:
(a) 
As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to a contribution thereto by the applicant); or
(b) 
As a local improvement, all or part of the cost of which is to be assessed against properties specially benefited thereby in proportion to benefits conferred by the improvements in accordance with law (except as hereinafter otherwise provided as to a contribution thereto by the applicant):
2. 
The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth if the improvement specially benefits other properties.
c. 
If the township council shall determine that the improvement or improvements shall be constructed or installed under subsection 19- 6.2(b),(1),(a), the planning board shall estimate with the aid of the township engineer, or such other persons as have pertinent information or expertise, the amount if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. Further, the township council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
d. 
If the township council shall determine that the improvement or improvements shall be constructed or installed under subsection 19-6.2(b)(1)(b) the planning board shall, as provided in subsection 19-6.2c, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvements, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the township council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
e. 
If the township council shall determine that the improvement or improvements are to be constructed or installed by the applicant under subsection 19-6.2(b), (2), the planning board shall in like manner estimate the amount of such excess, and the applicant shall be liable to the municipality therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the municipality. Further, the township council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said Ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
f. 
If the township council shall not adopt such an ordinance or resolution as required by this ordinance, the development proposal shall be designed accordingly, and the planning board shall thereupon grant or deny final approval, notwithstanding the failure of the township council to act.
The applicant shall be required to provide, as a condition for final approval of his development application, a performance guarantee running to the municipality as follows:
a. 
If the improvement is to be constructed by the applicant under section 19-6.1 or under subsection 19-6.2(b)(2), a performance bond with surety in an amount not to exceed 120 percentum of the estimated cost of the improvement or as to any part of said improvement that is to be acquired or installed by the municipality under subsection 19-6.1, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality;
b. 
If the improvement is to be constructed by the municipality as a general improvement under subsection 19-6.2(b)(1)(a) a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which the properties, including the development property, will be specially benefited thereby; and
c. 
If the improvement is to be constructed by the municipality as a local improvement under subsection 19-6.2(b)(1)(b), a cash deposit equal to the amount referred to in the preceding subsection 19-6.3(b), plus the estimated amount by which the development property will be specially benefited by the improvement.
In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the applicant shall be entitled to a full refund of such deposit if the township council of the municipality shall not have enacted an ordinance authorizing the improvement within five years after the date other development improvements have been accepted and all performance bonds have been released by the township council.
All monies paid by an applicant pursuant to this chapter shall be held by the township treasurer as escrow agent who shall provide a suitable depository therefor pursuant to an escrow agreement between the applicant and the township. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated, cost of the improvement. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the municipality. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the applicant. If the township and the applicant cannot agree, the dispute shall be decided by resort to a judicial proceeding. In cases where improvements are specially assessed against all benefited properties, and the applicant disputes the determination made by the municipal assessing authority in the course of the special assessment proceedings, the applicant's recourse shall be by way of an appeal pursuant to N.J.S.A. 40:56-54 et seq. In other cases the redetermination action shall be made by the township engineer.
There is hereby established a transportation improvement fund (fund) for the collection from applicants of fair share monetary contributions, as determined by the municipal board of jurisdiction pursuant to paragraph b or the formulas set forth in paragraph i, the proceeds of which shall be used by the township to construct the street improvements identified in the Traffic Infrastructure Impact Analysis Subplan to the Circulation Element of the Township Master Plan hereafter known as the Transportation Improvement Program (TIP).
a. 
Definitions.
1. 
STREET IMPROVEMENTS — Shall mean and include widening, alignment, channelization, grading, pavement, installation of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, street lighting, other associated utility improvements, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements.
2. 
BACKGROUND TRAFFIC — Shall refer to all traffic within an area under study not specifically generated by an approved or proposed development or by development of vacant land within the township.
b. 
Fair Share Contribution Required. As a condition of preliminary or final subdivision or site plan approval involving new construction or a change in use generating additional traffic, the municipal board of jurisdiction shall determine and require applicants to pay their fair share of the cost of providing reasonable and necessary off-tract street improvements, necessitated or required by construction or improvements within the development. In determining the fair share contribution of an applicant the board shall consider and provide findings of fact regarding the following general criteria:
1. 
The impacts of the proposed development on off-tract streets and intersections;
2. 
The off-tract street improvements necessitated by the development;
3. 
The special benefit conferred upon the development as a result of such off-tract street improvements;
4. 
The total cost of the off-tract street improvements;
5. 
The relationship between the additional traffic generated by the proposed development and the growth of background traffic at relevant streets and intersections in the township;
6. 
Any unusual characteristics of the nature and type of traffic generated by the development;
7. 
Existing traffic counts and patterns, the quality of streets, sidewalks and intersections in the area and the municipality and any other factors related to the need created by the development and the benefit thereto.
c. 
Traffic Impact Statement. An applicant must (i) affirmatively demonstrate to the board that the proposed development will not place a disproportionate or excessive demand upon the total transportation resources available to the development site and throughout the township, and (ii) propose a fair share contribution that shall be made by the applicant to accommodate street improvements necessitated by the traffic impacts which the proposed development will have upon the total transportation resources available to the development site and throughout the township within the criteria set forth in paragraph b. To facilitate the transportation impact, benefits and needs appraisal required by this section, all development applications shall include a Traffic Impact Statement (TIS); provided, however, that in the case of a minor subdivision or minor site plan application, the board of jurisdiction may grant a waiver from the requirement of a formal TIS pursuant to this paragraph upon an adequate showing that the transportation impact of such application would be insignificant. Submission of a TIS which meets the requirements of paragraph d shall be a condition to a determination of completeness of an application by the secretary of the board. Upon review of the TIS, a supplemental TIS may be required by the board to clarify, explain or augment specific areas of concern regarding traffic impacts, needs, benefits or other issues identified by the board.
d. 
Requirements of TIS. Applicants shall submit 15 copies of a TIS, prepared by a qualified traffic expert, containing the following information:
1. 
A study of background traffic for the existing a.m. and p.m. peak hours obtained by certified traffic counts at selected key study intersections sufficient to ensure accurate sampling;
2. 
The projection of background traffic volumes at such intersections using appropriate growth rates for the tenth and twentieth years subsequent to the submission of the application;
3. 
Projection of the number of a.m. and p.m. peak hour trips generated by the proposed development project estimated by using standard trip generation equations;
4. 
Current gap counts and analysis for all intersections that will be impacted by the development along with a projected gap analysis using appropriate growth rates for the tenth and twentieth years subsequent to the submission of the application;
5. 
Level of service analysis at signalized intersections and unsignalized intersections impacted by the development;
6. 
A transportation service analysis based upon the back-ground traffic and trip generation projections set forth above identifying (1) streets and intersections that will be burdened or otherwise impacted by the additional traffic generated by the proposed development, (2) street improvements necessitated in whole or in part by the additional traffic generated upon such streets and intersections by the development, (3) the proportional benefits which the improvements would impart to the proposed development, (4) the ratio of the additional traffic generated by the proposed development to the total of such additional traffic plus the growth of background traffic for the tenth and twentieth years subsequent to the submission of the application, and (5) an evaluation of the traffic impacts of the development in the context of the Township Master Plan, and, specifically, the TIP;
7. 
Such supplemental reports and additional data, information or documentation as required by the board of jurisdiction in order to evaluate and determine the traffic impacts, special benefits and fair share contribution attributable to the development.
e. 
Voluntary Fair Share Contribution. An applicant may, in lieu of the requirements imposed by paragraphs b, c, and d above, elect to voluntarily contribute a fair share to the fund in accordance with the formulas set forth in paragraph i. In the event that an applicant elects to voluntarily contribute a fair share to the fund, the application for development shall include a certification, in a form approved by the township attorney, signed by the applicant, electing to contribute such fair share in an amount determined by the formulas set forth in paragraph i. The board of jurisdiction shall, as a condition of approval of the application, require the applicant to enter into a developer's agreement with the township pursuant to paragraph g confirming the applicant's election to voluntarily contribute a fair share to the fund. Such voluntary contribution to the fund shall satisfy all requirements for off-tract street improvements imposed by the municipal board of jurisdiction.
f. 
Escrow. Monies collected as fair share contributions to the fund shall be maintained in a separate interest bearing escrow account credited to the township. The monies shall be the property of the township, but such monies shall be used only for improvements referred to in the TIP, including inspection and professional fees for the review and implementation thereof and administrative costs of the TIP. If construction of the off-tract street improvements specified in the applicant's developer agreement are not begun within ten years of the later of (i) deposit by an applicant of the full amount of the fair share contribution due for the development, or (ii) completion of the development, all fair share contributions made by such applicant to the fund shall be refunded with interest to the applicant or the applicant's successor in interest to the development.
g. 
Developer Agreement. A condition to any final approval shall be that the applicant enter into an agreement with the township in recordable form approved by the township attorney based upon the findings of facts and conditions of such approval. The agreement shall provide for the following:
1. 
Payment of an amount of money representing the applicant's fair share contribution for off-tract street improvements, inclusive of land acquisition costs, if any, including provision for the adjustment of such amount on January 1 of each ensuing year to reflect and incorporate the changes in cost of construction of street improvements by a percentage equal to the Construction Cost Index published in the Engineering News-Record;
2. 
Specification of the off-tract street improvements found by the board of jurisdiction to be necessitated or required by the proposed development;
3. 
Payment of one-half of the fair share contribution prior to the issuance of construction permits and one-half at the time of the issuance of a final certificate of occupancy for the development, units or phase thereof connected with the fair share contribution;
4. 
A performance guaranty to be deposited with the township at the time of the issuance of construction permits to ensure the payment of the balance of the fair share contribution. The performance guaranty must be in the form of an irrevocable, unconditional letter of credit or performance bond for the benefit of the township in the full amount of the unpaid fair share contribution and approved by the township attorney, provided that the township may require up to ten percent of the performance guaranty to be in cash;
5. 
A description of in-kind off-tract street improvements to be made by or at the sole expense of the applicant in lieu of the whole or a portion of the applicant's fair share contribution, if any, and the timing or sequencing of the installation of such improvements;
6. 
A description of credits or repayment, if any, calculated using a public sector valuation method, due the applicant as a result of any in-kind construction of off-tract street improvements or other payments in excess of the applicant's fair share contribution;
7. 
Such other matters as may be required by the resolution of approval of the board of jurisdiction or directed by the township council.
h. 
Effect of Transportation Improvement Program on Development Applications with Prior Approvals. Applicants who have obtained preliminary or final approval prior to the effective date hereof may choose to be treated, with respect to such applications, in accordance with the provisions of their respective approval resolution and other agreements with the township to the extent such approval or agreements address street improvements identified in the TIP, or, in the alternative, may choose to be treated in accordance with the standards set forth in this section.
i. 
Voluntary Contribution Formulas. The fair share voluntary contribution to the fund pursuant to paragraph e shall be fixed and determined as follows:
LAND USE CATEGORY
CONTRIBUTION
Residential
Per Unit
Single Family
$1108.00
Multi-family
$ 588.00
Commercial
Per Square Foot
Office
$1.25
Light industry
$1.25
Warehouse/Mfg.
$0.82
Retail
$2.10
Fast food restaurant
$4.19
Drive thru bank
$5.80
Motel
$765.00 per unit
Contribution figures are based upon 1991 dollar value. Effective January 1, 1992 and thereafter, on January 1 of each ensuing year, the contribution in each category shall be adjusted to reflect and incorporate the changes in cost of construction of street improvements by a percentage equal to the Construction Cost Index published in the Engineering News-Record. The actual fair share contributions for individual developments shall be determined and fixed at the time of payment and posting of performance guarantees for units or sections pursuant to paragraph g, 3 and 4.
j. 
Contribution Formula for Existing Uses. In the event that there is a change in the use for existing space which would generate additional traffic, the applicant's fair share shall be equal to the difference between the contribution amount for the existing use and the proposed use. This contribution would be in addition to any contribution required for a new addition to a building.
k. 
Exemption for Public Buildings. Development applications submitted by municipal agencies for the construction of a public building shall be exempt from this subsection, provided that the township council finds that the proposed building will serve a public purpose and promote the public health, safety and welfare.