[HISTORY: Adopted by the Township Committee of the Township of Harmony 12-2-1980 by Ord. No. O:80-11 (Ch. 104 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known and may be sited as the "Harmony Township Off-Tract Improvement Ordinance of 1980."
The following words or terms shall have the following meanings where used herein:
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning ordinance or direction of the issuance of a permit pursuant to Chapter 376, Site Plan Review, Chapter 425, Subdivision of Land or Chapter 525, Zoning.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
A. 
Every developer making application for development which requires or will benefit from the installation of off-tract sanitary sewerage, storm drainage or street improvements shall contribute to a fund hereinafter established for the construction of the off-tract facilities.
B. 
Contributions shall be made for each improvement. The amount thereof shall be determined as follows:
Contribution = Pro Rata Share x Estimated Cost of Facility
(1) 
The pro rata share and the estimated cost of facility shall be as determined hereafter for each of sanitary sewerage, storm drainage and street improvements.
(2) 
The contribution shall be determined at the time of preliminary plat or preliminary site plan approval, as the case may be.
C. 
Sanitary sewerage. Contributions for off-site sanitary sewerage shall be for both the transportation of sewerage and for the treatment thereof.
(1) 
Share.
(a) 
The pro rata share shall be determined as follows:
Pro Rata Share =
Flow From Development
Capacity of Off-Tract Facility
(b) 
These parameters shall be quantified as follows:
[1] 
"Flow from development," in gallons per day, shall be equal to the flow determined in the engineer's report made part of the New Jersey Department of Environmental Protection's "Sanitary Sewer Construction Permit."
[2] 
"Capacity of off-tract facility," in gallons per day, shall be equal to flow determined in the engineer's report made part of the New Jersey Department of Environmental Protection's "Sanitary Sewer Construction Permit," or, if the facility is part of a proposed facility, it shall be the capacity of the facility stated in the comprehensive utility plan segment of the Master Plan.
(2) 
The estimated cost of the facility, in dollars, shall be as determined by the Township Engineer at the time of the first contribution for the improvement thereof. The Township Engineer shall prepare a detailed cost estimate thereof and shall file copies in the Township Clerk's office. The estimate shall include the current value of the United States Environmental Protection Administration construction cost index for sewer construction or sewerage treatment plant construction, as the case may be, or, if such is unavailable, the current value of the Engineering News Record construction cost index. This shall be the base cost index. Contributions by other developers at a later date shall then be based on the original cost estimate, which shall be adjusted by the ratio of the latest cost index to the base cost index at the time of preparation of the estimate. For the purposes of cost index adjustments, pumping stations and appurtenances shall be considered as treatment plants, and force mains therefor shall be considered as sewers.
D. 
Storm drainage. Contribution of off-tract storm drainage shall be for stormwater pipes, culverts, channels and detention basins.
(1) 
Share.
(a) 
The pro rata share shall be determined as follows:
Pro Rata Share =
Developed Runoff
Capacity of Facility
(b) 
The parameters shall be quantified as follows:
[1] 
All calculations shall be based on methods defined in Chapter 425, Subdivision of Land.
[2] 
"Developed Runoff," in cubic feet per second, shall be the peak runoff from the tract for a one-hundred-year storm subsequent to development.
[3] 
"Existing Runoff," in cubic feet per second, shall be the peak runoff from the tract for a one-hundred-year storm prior to development.
[4] 
Capacity of the facility shall be from the utility plan segment of the Master Plan, except that in the case of a contribution for an off-tract detention pond, it shall be the peak rate of stored inflow of the detention basin required at the point of discharge into the outfall channel.
(2) 
The estimated cost of the facility, in dollars, shall be as determined by the Township Engineer at the time of the first contribution for the improvement thereof. The Township Engineer shall prepare a detailed cost estimate thereof and shall file copies in the Township Clerk's office. The estimate shall include the current value of the Engineering News Record construction cost index. This shall be the base cost index. Contribution by other developers at a later date shall then be based on the original cost estimate, which shall be adjusted by the ratio of the latest cost index to the base cost index at the time of preparation of the estimate.
E. 
Street improvements. Contribution for off-tract street improvements shall be for improvements required by the traffic generated from the development.
(1) 
Share.
(a) 
The pro rata share shall be determined as follows:
Pro Rata Share =
Traffic Demand
Capacity of Proposed Facility
(b) 
The parameters shall be quantified as follows:
[1] 
Traffic demand shall be the total daily traffic generated by the facility as required to be submitted by Chapter 376, Site Plan Review, and Chapter 425, Subdivision of Land, with truck and bus generations adjusted to passenger equivalents by methods stated in the Highway Capacity Manual, current edition.
[2] 
Capacity of the proposed facility shall be the level of Service C capacity, which shall be considered as follows:
Street Classification
Vehicles per Day
Major collectors (4-lane)
10,000
Minor collectors (2-lane)
6,000
Local streets
800
(c) 
Estimated cost of the facility, in dollars, shall be as determined by the Township Engineer at the time of the first contribution for the improvement thereof. The Township Engineer shall prepare a detailed cost estimate thereof and shall file copies in the Township Clerk's office. The estimate shall include the current value of the Engineering News Record construction cost index. This shall be the base cost index. Contribution by other developers at a later date shall then be based on the original cost estimate, which shall be adjusted by the ratio of the latest cost index to the base cost index at the time of preparation of the estimate.
F. 
All of the estimates of cost of facility, as required above, shall be reviewed and updated as necessary at the same time as the Master Plan updates are required by the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
If a developer constructs off-tract improvements as part of a development, he shall be entitled to reimbursement of the cost of the improvement, less the cost of such developer's pro rata share. In no event shall a developer receive as reimbursement an amount in excess of the total of all amounts heretofore contributed pursuant to this chapter for a specific off-tract improvement.
B. 
If the improvement is undertaken by the municipality, it shall withdraw from the improvement fund the amount necessary to construct the facility; provided, however, that it may do so at the beginning of the fiscal year in which the improvement is scheduled to be made; provided further, however, that the municipality shall not exceed the amounts for the specific improvements set aside in the fund.
C. 
Nothing in this chapter shall be construed to require the Township of Harmony to construct any improvement within any specified time. In the event that a decision is made by the Township Committee not to construct an improvement for which funds have been contributed, the developer shall be entitled to the return of its contribution.
A. 
There shall be established by the Treasurer of the Township of Harmony an interest-bearing trust fund entitled "Off-Tract Improvement Fund," into which contributions as above shall be deposited and from which construction costs, as defined above, shall be withdrawn.
B. 
The Treasurer shall maintain separate accounts for each specific improvement to which a contribution has been made and shall record by whom and in what amount each contribution was made for each improvement.
C. 
The Treasurer shall apportion interest earned on the account to each fund as its balance relates to the total balance.
D. 
If a balance remains subsequent to the completion of an improvement, any developer who has contributed to the fund for that specific improvement shall be entitled, provided that a petition is made within one year, to have refunded an amount equal to such developer's pro rata share of the remaining balance. Any moneys remaining which have not been refunded shall be reappointed to the remaining accounts.