As used in this article, the following terms shall have the
meanings indicated:
The Planning Board or Zoning Board of Adjustment, as may
be applicable under the circumstances.
A City staff member or consultant retained by the City, as
is applicable under the circumstances, who holds a degree in civil
engineering from a recognized college of engineering and is licensed
to perform civil engineering services in the State of New Jersey.
Any subsequent developer who's then proposed development
will directly benefit from the improvement installed or paid for by
the original developer.
Gallons per day.
Reasonable and necessary improvement(s) to the City's street(s),
sewerage, or drainage facilities located outside the property limits
of the proposed project.
The developer who installed or paid for the Improvement.
An applicant's proposed site plan or subdivision.
A traffic impact study prepared by a qualified professional,
licensed by the State of New Jersey, on behalf of an applicant.
A.
Pursuant to authorization granted by N.J.S.A. 40:55D-42, where the
City's street(s), sewerage, or drainage facilities will not adequately
support the needs of the proposed project, the Approving Authority
shall require, as a condition of preliminary site plan or subdivision
approval, that the applicant install or pay its pro rata share of
costs associated with the Improvement. The improvement may include
the acquisition of land, or rights in land, necessitated or required
by the anticipated impacts of the proposed project. The improvement
must be clearly, directly, and substantially related to the proposed
project.
B.
Where an Approving Authority requires, as a condition of the approval
of the proposed project, that the applicant install or pay for costs
associated with an improvement, the resolution memorializing the approval:
(1)
Shall describe the improvement and make findings of fact establishing
the nexus between the Improvement and the impacts to be generated
by the proposed project causing or contributing to the need for provision
of the improvement;
(2)
Shall consider and make findings of facts regarding the applicable
elements of this article, including:
(a)
Cost allocation;
(b)
Off-tract roadway improvements;
(c)
Off-tract drainage improvements;
(d)
Off-tract sewer improvements;
(e)
Costs of off-tract acquisitions and/or improvements;
(f)
Improvements to be made at future date;
(g)
Compliance with design criteria; and
(h)
Such other elements as may be appropriate and/or applicable.
(3)
Shall relate the improvement to the Master Plan or any of its
elements, maps, reports, or statements; and
(4)
Shall require that the applicant enter into a developer's agreement
with the City for the construction of the improvement or payment to
the City of the applicant's pro rata share of the anticipated cost
of an improvement to be constructed by others. The Approving Authority
shall forward to the City Manager any reports, studies or analyses
that were entered into evidence at the public hearings, on application
for approval, as may be of use in negotiating such developer's agreement
with the applicant.
C.
Where fee simple title to, or an easement over, the land upon which
the improvement is to be constructed must be obtained through eminent
domain, the approval of the proposed project shall be conditioned
upon the City obtaining the fee simple title to, or an easement over,
the land through eminent domain.
A.
System adequate to service existing needs. Where there is a need
to upgrade an existing facility or improvement due to its insufficient
capacity, or other inadequacies, to service the needs of the proposed
project, but the existing facility or improvement is adequate to service
the needs of the present users, a proportionate allocation shall not
be made, and applicant shall be responsible for assuming all costs
and expenses associated with or related to the improvement.
B.
No other pending contributions. In cases where the improvement will
benefit only the proposed project and where neither a third-party
developer, the City, nor any other governmental entity has planned,
programmed, or accepted responsibility for any portion of the improvement,
the applicant shall be responsible, at the applicant's sole cost and
expense, and as a condition of approval, to provide for and install
the improvement, after review and approval by the City Engineer of
all such plans related to the improvement. The improvement shall be
installed and completed prior to the issuance of the temporary or
final certificate of occupancy for the proposed project.
C.
Other pending contributions.
(1)
Where it is determined that properties outside the proposed project will also be benefited by an improvement required under the terms of this article, or the Approving Authority may require the applicant to provide for and install the improvement in full, subject to repayment of expenditures that exceed applicant's pro rata share of the improvement, the criteria for which is set forth in § 175-16.3D hereinbelow. Nothing in this article, however, shall require the City to fund this reimbursement from its own general funds. Reimbursement shall be made, pursuant to § 175-16.3D, as funds are actually received by the City from future developers and/or other property owners.
(2)
Where a third-party developer, the City, or other governmental agency or entity has planned, programmed, or accepted responsibility for any portion of an improvement (the "third-party developer"), the Approving Authority may either: (a) require the applicant pay its pro rata share to the third-party developer; or (b) construct the improvement in full, subject to repayment of expenditures that exceed applicant's pro rata share of the improvement, the criteria for which is set forth in § 175-16.3D hereinbelow. Nothing in this article, however, shall require the City to fund this reimbursement from its own general funds; reimbursement shall be made, pursuant to § 175-16.3D, as funds are actually received by the City from future developers and/or other property owners.
D.
Future developers benefit from improvement. Where an applicant is
required to install or construct an improvement (e.g., the extension
of a sewer line to the proposed project), and future developers benefit
from same, then the original developer shall be entitled to a pro
rata reimbursement from the future developer, if said subsequent benefit
accrues within 10 years from the date the improvement was completed
and accepted by the City Engineer. Where a pro rata share must be
reimbursed, the following procedure shall take place:
(1)
Upon completion of the improvement, the original developer shall
certify the actual costs of the improvement, based on construction
invoices, which shall then be verified by the City Engineer;
(2)
The City Engineer shall then calculate the future developer's
pro rata contribution, by dividing the use cost of the improvement
by the future developer by the use cost of the improvement made by
all developments benefiting from the improvement, based on road capacity,
daily sewage flow, daily stormwater flow, etc.; and
(3)
The City shall then condition the issuance of the certificate
of occupancy for the future developer's project, upon payment in full
of the pro rata reimbursement to the original developer. Said reimbursement
shall be payable to the City directly, which shall then reimburse
the original developer, subject to payment of any liens, offsets or
other funds due to the City by the original developer.
(4)
Successors in interest. In the absence of an express provision
in a deed or deeds of conveyance, on the date any portion of the cost
to construct an improvement is to be returned under this section,
it shall be presumed that the fee owners of all lots in the subdivision
or site plan are the lawful successors in interest to the applicant,
and each such fee owner shall be charged with or entitled to receive
a pro rata share, based on lot area, or any funds to be returned or
additional charge to be made pursuant to this section. Upon payment
of all such sums to said fee owners, the City shall be released of
liability to any other person, including but not limited to the applicant.
E.
Nothing herein shall be construed as to prevent the Approving Authority
and the applicant from calculating an alternative method to allocate
costs, or to use an alternative method to make payments for pro rata
reimbursements, than that which is set forth herein, and requesting
that the governing body approve and adopt such calculation as it may
concern the particular application given the unique and distinguishable
characteristics of such application for development, as long as such
alternative method is based on fair and reasonable standards, and
the reason for adopting such alternative method is clearly set forth
and agreed to, on the record, by both the Approving Authority and
the applicant and provided to the governing body.
F.
Where an applicant pays the amount determined as its portion of the
total cost of the improvement under protest, the applicant 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.
A.
Determination of the applicant's pro rata share of costs related
to, or arising from, improvements involving street and intersection
improvements, alignments, channelization, barriers, new or improved
traffic signalization, signs, curbs, sidewalks, trees, utility improvements
uncovered elsewhere, the construction or reconstruction of new or
existing streets and intersections, and other associated street or
traffic improvements, shall include but not be limited to evaluation
of the following:
(1)
Traffic study. A traffic study shall be provided by the applicant
and shall address the various traffic-generating characteristics of
uses in the proposed project and the interface of traffic from uses
associated with the proposed project and existing uses in the area,
to assure that there will not be a degradation in the level of service
in the area, and that there will not be any traffic hazards created
in the area by traffic generated as a direct result of the proposed
project. In addition, the Traffic Study shall incorporate the recommendations
and propose a plan to achieve the goals and objectives specifically
set forth in the Master Plan.
(2)
Level of service. The applicant's Traffic Study must demonstrate
that the existing public traffic arteries have adequate capabilities
to accommodate the traffic to be generated by the proposed project
at a level of service of "D" or better, and that safe, convenient
and adequate circulation and parking is provided for on site of the
proposed project.
(3)
Traffic volumes. The applicant must provide, as a part of its
submitted Traffic Study, existing twenty-four-hour traffic counts
for a minimum of three different days, excluding Sundays and holidays,
summarized by hour and by direction, and peak-hour trips by movement
on all critical off-tract roadways and intersections affected by the
proposed project. Traffic volumes utilized in the Traffic Study shall
be taken within 12 months preceding the date that the application
is filed with the Planning Board or Zoning Board of Adjustment, and
be taken between the period of September 1 through June 15, excluding
those days wherein inclement weather would make such counts not typical.
If there is a seasonal peak, the Traffic Study shall take the same
into account and make appropriate comments.
(4)
Future background traffic volume. Future traffic volumes shall
be calculated by multiplying the peak-hour traffic volumes utilizing
the current New Jersey Department of Transportation growth factors.
These factored traffic volumes will be surcharged with traffic volumes
expected to be generated by impending development in the area, based
on development projects presently approved by, or pending before,
the Approving Authority, and known projects presently approved by
or pending before the Approving Authority of immediately adjacent
municipalities which will clearly have an impact on local traffic.
(5)
Traffic generation. Traffic expected to be generated by the
proposed project shall be calculated by utilizing the latest copy
of the Institute of Transportation Engineers (ITE) text. The values
developed by using the trip generation method shall be verified by
typical counts when requested by the Approving Authority to verify
results. If the Approving Authority requires trip-generation data
because the trip-generation methodology is not accurate due to local
conditions or an inadequate database in the trip-generation text,
the traffic data counts required to verify trip-generation data shall
be in the ITE format. Traffic generation shall include the amount
of traffic to be generated for the project twenty-four-hour period
and during the peak-hour trip generation by the proposed project.
(6)
Future build traffic volumes. Future background traffic volumes
shall be surcharged by adding the traffic volumes that are to be generated
by the proposed project to future background traffic volumes.
(7)
Traffic analysis.
(a)
Capacity analysis. Roadways and intersections shall be analyzed
using a capacity analysis. The capacity analysis will utilize the
latest approved highway capacity programs. Traffic shall be analyzed
for the existing traffic conditions, future traffic conditions, and
future build traffic conditions. Traffic analysis shall optimize traffic
signals so that the existing traffic conditions show traffic conditions
as they exist and with the optimization of traffic signal timing.
The future background traffic conditions shall require the optimization
of the traffic on the roadways. Future traffic shall be added and
the traffic signal timings shall be optimized for a final product.
(b)
Accident analysis. Accident data of critical intersections and
roadways shall be analyzed.
(c)
Speed and delay analysis. Speed and delay analysis of critical
roadways shall be provided.
(d)
Gap analysis. Gap studies of critical intersections shall be
provided.
(e)
Safety analysis. Analysis shall be made of all entrances and
exits to determine if left-turn lanes are warranted. In addition,
deceleration and acceleration lanes shall be analyzed to determine
if they are needed.
(f)
Other factors. The Approving Authority may also take into consideration
the quality of roads and sidewalks in the area surrounding and/or
impacted by the proposed project, and such other factors as may be
deemed relevant, when evaluating the needs created by the proposed
project.
B.
The applicant's traffic consultant shall provide a trip distribution
that will distribute traffic to the surrounding roadway system. The
applicant's engineer shall show the percentage of the P.M. traffic
that the applicant's traffic will be of the future build traffic at
each intersection by approach. If, as a result of a significant impact
from the proposed project, an improvement is required on one approach
of an intersection only, defined as an approach where the majority
of traffic on the approach caused the need for the improvement on
that approach to maintain an adequate level of service, the applicant's
pro rata share of the intersection shall be calculated as set forth
below. If the improvement does not exist, or the existing system does
not have adequate capacity to accommodate the anticipated volumes
as set forth in the Traffic Study, the applicant's pro rata share
shall be an amount equal to the larger of:
(1)
The partial cost of a shared improvement where none now exists,
which shall be calculated as follows:
|
Applicant's contribution
|
=
|
Applicant generated traffic to be accommodated by the improvement
(peak-hour volume)
|
X
|
Total cost of improvement
|
|
Capacity as a result of the improvement (peak-hour volume)
|
or
(2)
The total cost of an improvement designed to accommodate only
the proposed project's traffic volume, if such an alternative is technically
possible; or
(3)
The full cost of an improvement where an existing facility or
improvement has either insufficient capacity or is otherwise inadequate
to service the needs of the proposed project, but is adequate to service
the needs of the present users.
A.
Determination of the applicant's pro rata share of costs related
to, or arising from, improvements involving stormwater and drainage
improvements including the installation, relocation and replacement
of storm drains, bridges, culverts, catch basins, manholes, riprap,
detention or retention basins, improved drainage ditches and appurtenances
associated therewith, shall include but not be limited to evaluation
of the following:
(1)
The relationship between the areas of the subdivision or site
plan and the area of the total drainage basin of which the subdivision
or site plan is a part.
(2)
The proposed use of land within the subdivision or site plan and
the amount of land area to be covered by impervious surfaces on the
land within the subdivision or site plan.
(3)
The condition of the existing drainage facilities. In cases
where, under the existing condition, the runoff within the site plan
or subdivision drains to a combined sewer, the developer shall be
responsible for extending the improvement to a point where the runoff
can be conveyed to a separated system, as approved by the City Engineer.
(4)
The use, condition or land status of the remaining land area
in the drainage basin.
(5)
The capacity and design of the drainage to accommodate stormwater
runoff shall be based on standards set forth in this article, computed
by the applicant's engineer and approved by the Approving Authority
or City Engineer.
(6)
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the applicant's property
tributary to the drainage system shall be determined by the applicant's
engineer, subject to the approval of the City Engineer. The plans
for the improved system may be prepared by the applicant's engineer
or the City Engineer, at the applicant's expense, and the estimated
cost of the enlarged system shall be calculated by the applicant's
engineer and approved by the City Engineer.
B.
If the required improvements do not exist, or if the existing system
does not have adequate capacity to accommodate reasonably anticipated
volumes, the applicant's pro rata share shall be an amount equal to
the larger of:
(1)
The partial cost of a shared improvement where none now exist,
which shall be calculated as follows:
|
Applicant's contribution
|
=
|
Development generated peak runoff to be accommodated by the
improvement (cfs, peak 25-year storm)
|
X
|
Total cost of improvement
|
|
Approximate peak runoff generated by existing drainage area
contributory to subject improvement (cfs, peak 25-year storm)
|
or
(2)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically feasible;
or
(3)
The full cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the applicant,
but is adequate to service the needs of the present users.
A.
The capacity and design of sanitary sewer systems shall be based
on "Rules and Regulation for the Preparation and Submission for Sewerage
Systems," New Jersey Department of Environmental Protection, as well
as any and all other design and specifications standards as may be
set forth by the City and/or the professionals employed or retained
by the City and who are responsible for approval and oversight of
such systems.
B.
Where sanitary sewer systems are already in place at the time that
the applicant's proposed project is approved, the evaluation of the
existing sanitary sewer system shall include but not be limited to:
(1)
Types of effluent;
(2)
Flow measurements;
(3)
Projected future loadings to the system;
(4)
Condition of the existing sewerage facilities. In cases where,
under the existing conditions, the sewage within the site plan or
subdivision is discharged to a combined sewer, the applicant shall
be responsible for extending the improvement to a point where the
sewage can be conveyed to a separated system, as approved by the City
Engineer;
(5)
Amount of infiltration and inflow in the existing system;
(6)
The use, condition or status of the remaining land in the sanitary
sewer service area;
(7)
Particular problems requiring special equipment or added costs
for treatment; and
(8)
The remaining useful capacity of the system.
C.
The applicant shall be responsible for the entire cost of any improvement
involving sanitary sewer systems, including distribution facilities,
the installation, relocation or replacement of collector, trunk and
interceptor sewers, and the installation, relocation or replacement
of other appurtenances associated therewith, that are necessary as
a direct result of the proposed development. This shall apply both
to the need for any new systems, facilities, appurtenances, etc.,
as well as the cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the proposed development but
is adequate to service the needs of the present users.
D.
In the event that a new system and/or facilities or appurtenances
associated therewith is/are necessary where none exists, but said
system and/or facilities or appurtenances associated therewith will
be shared with other users who do not now benefit from the same, the
applicant's partial cost of the improvement shall be as follows:
|
Applicant's contribution
|
=
|
Flow to be accommodated by the improvement (gpd)
|
X
|
Total cost of improvement
|
|
Capacity of improvement (gpd)
|
The cost of all off-tract acquisition of lands and/or improvements
as contained in this article shall be construed to encompass all costs
including, but not limited to, planning, feasibility studies, surveys,
property and easement acquisition, design, equipment/facilities and
construction. Such costs shall also include all legal, accounting,
surveying, engineering, and other professional costs directly associated
with the improvement(s) contemplated in this article. Such costs may
still further include the cost of eminent domain proceedings, reasonable
contingencies, and costs of financing during construction. All such
costs shall be calculated and set forth, as a condition of approval,
when preliminary major subdivision or site plan approval is granted.
A.
Where the improvement is to be undertaken at a future date, the funds
required to pay for the installation or construction of the Improvement
shall be paid by the applicant prior to the signing of the final plans
or plat by the Board Chair, Board Secretary and City Clerk.
B.
Trust funds.
(1)
There shall be established by the City Treasurer three interest-bearing
trust funds entitled "Off-Tract Sanitary Sewer Improvement Fund,"
"Off-Tract Storm Drainage Improvement Fund," and "Off-Tract Street
Improvement Fund," into which contributions as assessed above shall
be deposited and from which design, acquisition, construction and
construction inspection costs shall be withdrawn.
(2)
Within each trust fund, the City Treasurer shall maintain a
separate account for each improvement for which contribution has been
made and shall further maintain a ledger which indicates the source
and amount of each contribution.
(3)
The Treasurer shall apportion interest earned within each of
the three trust funds to each Improvement in proportion to each improvement's
account balance in relation to the total balance in the trust fund.
C.
If the improvement has not begun within 20 years from the date of
the final certificate of occupancy being issued for the proposed project,
then and in such event, all monies and interest shall be returned
to the applicant. An improvement shall be considered "begun" if the
City has taken steps to provide for design and/or financing of the
improvement.
D.
Any money received by the City for an improvement to be constructed
or installed by the City pursuant to the provisions herein shall be
used only for the improvement for which the funds are deposited or
other improvements satisfying the same purpose.
E.
Any sum payable by the applicant, or his successor in interest, may
be levied and collected by the City in the same manner as is provided
by law for the levy and collection of real estate taxes.
F.
Refund of excess. If, after the applicant has paid its pro rata share
for the improvement, it is determined that the actual cost to install
or construct the improvement was lower than anticipated and, as a
result, applicant has paid more than its pro rata share, the amount
exceeding applicant's actual pro rata share shall be returned to the
applicant.
G.
Assessments of properties. After receipt of the applicant's pro rata
share of the total cost of the improvement, the City may adopt a local
improvement assessment ordinance for the purpose of construction of
the improvement based upon the actual cost thereof. The cost of the
improvement may be assessed by the City against any property owners
who benefit from the improvement. Any assessments made against the
applicant, or its successors or assigns, for benefits conferred by
the improvement shall be first offset by a credit for the payment
made by the applicant as may have been required herein. The applicant,
or its successors or assigns, shall not be liable for any part of
any assessment imposed hereunder unless the assessment exceeds the
credit for payment previously made by the applicant, and then only
to the extent of the difference between the amount of the assessment
and the payment already made by the applicant.
H.
Successors in interest. In the absence of an express provision in
a deed or deeds of conveyance, it shall be presumed that the fee owners
of all lots in the subdivision or site plan on the date any deposit
or portion thereof is returned or additional charge is made are the
lawful successors in interest to the applicant, and each such fee
owner shall be charged with or entitled to receive a pro rata share,
based on lot area, or any funds to be returned or additional charge
to be made pursuant to this section. Upon payment of all such sums
to said fee owners, the City shall be released of liability to any
other person, including but not limited to the applicant.
A.
Compliance with design criteria. If the applicant is responsible
for the construction of an improvement, applicant shall observe all
requirements and principles of those section(s) of the City's ordinance
and/or building code addressing the design of such improvements.
B.
Standards shall not be changed except under certain circumstances.
The standards by which the Approving Authority shall determine the
applicant's pro rata share of the improvement shall not be altered
for that applicant subsequent to preliminary approval, unless, between
the time of preliminary approval and final application, the proposed
project is so significantly altered that a change in the determining
factor of the applicant's pro rata share is required and a new calculation
of the applicant's pro rata share is necessary.
C.
Improvement to be based upon Master Plan. The capacity and design
of the improvement shall be consistent with the circulation plan element
and/or utility service plan element of the Master Plan. Costs shall
be reasonably related to the added growth attributable to the proposed
project, and the maximum amount which any applicant may be charged
shall not exceed the applicant's pro rata share of the total cost
of the improvement.
D.
Submission of as-built plans required; condition of certification
of occupancy. Prior to the issuance of a certificate of occupancy,
whether temporary or final, an applicant shall submit to the City
Engineer five sets of as-built drawings (including one Mylar) of the
project for which site plan approval was granted, signed and sealed
by a licensed engineer. The City Engineer shall review the submitted
drawings and determine whether or not all conditions of site plan
approval have been met. No certificate of occupancy will be issued
until the City Engineer has determined that all conditions of approval
have been met.
E.
Developers agreement; recordation. Where an applicant is required
to construct or contribute funds to the construction of an improvement,
the applicant shall enter into a developer's agreement with the governing
body and the Approving Authority, which shall indicate the applicant's
pro rata share of improvement costs. The developer's agreement shall
also include a provision for credit or partial reimbursement to the
applicant if the improvement constructed by the applicant and said
improvement specifically benefits any property other than that of
the applicant, except that the applicant's right to reimbursement
from owners of any other property that has benefitted from the improvement
shall terminate after 20 years from: (x) the date of certification
of actual costs for Improvement by the City Engineer; or (y) if the
applicant's pro rata share shall have been determined on a phase-by-phase
basis, then 20 years from the certification of actual costs by the
City Engineer as to each phase. The applicant shall record the developer's
agreement, at its own expense, with the Bergen County Clerk and shall
file a copy of the recorded developer's agreement with the City Clerk.
F.
Failure to pay pro rata share. Should an applicant fail to pay its
pro rata share of the cost of an improvement as determined in this
article, the amount due shall be deemed a municipal charge and debt
collectible in the same way and manner as real property taxes in the
State of New Jersey. The City Clerk shall certify the amount due to
the Tax Collector, who shall record the same as a lien against the
real property of the delinquent party. Payment, in full, of the amount
of such lien shall be a condition of approval of any land use development
application by such delinquent party or in which such delinquent party
has an interest, and shall be a condition precedent to issuance of
any construction permits, certificates of occupancy or other permits
or approvals to such delinquent party, directly or indirectly. If
a delinquent party already has commenced construction, then nonpayment
of the delinquent party's pro rata share or any portion thereof shall
be grounds for the City to stop such construction until the amount
due and any accumulated interest assessed thereon shall have been
paid in full.
G.
Performance and maintenance guaranties. Where a performance or maintenance
guaranty or other surety is required in connection with an improvement,
the applicant shall be required to follow the appropriate procedure
and requirements as specified in the City's respective or applicable
ordinance(s).
H.
Severability. If any part of this article is for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portions of the article.
