[Amended 12-27-1983 by Ord. No. 83:90; 4-30-2002 by Ord. No. 2002:12]
A. Where the need for off-tract improvements for water, sewer, drainage and street improvements and for other improvements as provided by law are, in whole or in part, made necessary by the application of the developer, and the installation of the improvements would confer a benefit upon the development, a determination of the contribution of the developer for said off-tract improvements shall be made in accordance with the provisions as hereinafter set forth. The requirements for off-tract roadway and intersection improvements are detailed in §
225-59.
B. Determinations by Planning Board. The Planning Board
shall review all subdivision and site plan applications to determine
their impact on the Township's infrastructure, with the assistance
of the appropriate Township agencies, including but not limited to
the Township Engineer, the Sewer and Water Superintendents and the
Township Planner. Thereafter, the Planning Board shall, with the assistance
of such agencies:
(1) Determine the need for off-tract improvements.
(2) Determine the total cost of the off-tract improvement.
(3) Determine the amount by which all properties to be
serviced thereby, including the applicant's property, will be specially
benefited therefrom.
(4) In cases where reasonable and necessary need for the
off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Planning Board shall
require the applicant, as a condition of approval, at the applicant's
expense, to provide for and construct such improvements as if such
were on-tract improvements and shall forward a report of their findings
forthwith to the governing body.
(5) In cases where the need for off-tract improvements
is necessitated by the proposed development application and where
the Planning Board determines that properties outside the development
will be benefited by the improvements, the Planning Board shall forthwith
forward to the governing body a report containing a list and description
of all such improvements, together with its request that the governing
body determine and advise the Planning Board of the procedure to be
followed in the construction or installation thereof.
(6) In cases where the Planning Board determines that
no off-tract improvements are required, a report summarizing its findings
shall forthwith be forwarded to the governing body.
C. Determination by governing body. Upon receipt of the
recommendations and report of the Planning Board, the governing body
shall, within 30 days from the receipt thereof, determine and advise
the Planning Board whether:
(1) The recommended off-tract improvement should be undertaken
based upon the best interests of the Township.
(2) The improvement is to be constructed or installed
by the municipality as a general improvement or as a local improvement.
(3) The improvement is to be constructed or installed
by the developer under a formula providing for partial reimbursement
by the Township for benefits to properties other than the development.
D. Amount of contribution. When this has been determined,
the developer may be required to provide, as a condition for final
approval of the development, a bond or a cash deposit to insure payment
to the Township of one of the following amounts:
(1) If the improvement is to be constructed by the Township
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount
by which all properties to be serviced thereby, including the developer's
property, will be specially benefited by the off-tract improvement.
(2) If the improvement is to be constructed by the Township
as a local improvement, the estimated amount by which the subdivision
will be specially benefited by the off-tract improvement.
(3) If the improvement is to be constructed by the developer,
an amount equal to the estimated cost of the off-tract improvement,
less an offset for benefits to properties other than the subdivision.
E. Determination of special benefits. In determining
benefits conferred on properties specially benefited by an off-tract
improvement, the following formula shall, subject to adjustment for
peculiar or exceptional conditions, be used:
(1) The development shall be allocated that percentage
of 100 computed by dividing the development land area by the total
land area benefited by the off-tract improvement; and/or the development
shall be allotted that percentage of 100 computed by dividing the
maximum potential intensity of use of the development (total square
feet of building floor area) by the maximum potential intensity of
use under existing zoning limitation in the total land area benefited
by the off-tract improvement.
(2) In the case of linear improvements, i.e., roads, curbing,
sidewalks, pipes, drains, sewers, drainage easements, etc., the development
shall be allotted that percentage of 100 computed by dividing the
distance (measured along the course of the off-tract improvement)
from the connecting facility to the farthest abutting point of the
subdivision by the sum of the distance of all intervening properties,
including the developments abutting the off-tract improvement similarly
measured.
(3) In determining whether the foregoing formula should
be adjusted because of peculiar or exceptional circumstances, the
following criteria shall be considered: the increase in market value
of the property affected and any other benefits conferred, the needs
created by the application, population and land use projections for
the general area of an applicant's property and other areas to be
served by the off-tract improvements, the estimated time of construction,
the condition and period of usefulness of the improvements, increase
of traffic generated by the development and the drainage created by
or affected by any particular land use.
F. Payment of allocated cost.
(1) The estimated cost plus a reasonable inflation cost
for the off-tract improvement allocated to the developer, if deposited
in cash, shall be paid by the developer to the Township Treasurer.
If such improvements are not initiated by the Township within a period
of 10 years from the day of payment, then funds so deposited shall
be returned, together with interest at the prevailing rates less 1%
for administration costs.
(2) In the event the payment by the developer to the Township
Treasurer provided for herein is less than its share of the actual
cost of the off-tract improvements, then it shall be required to pay
its additional share of the cost thereof.
(3) In the event the payment by a developer to the Township
Treasurer provided for above is more than its appropriate share of
the actual cost of installation of the off-tract improvements, it
shall be repaid an amount equal to the difference between the deposit
and its share of the actual cost.
G. Assessment of properties. Upon receipt from the developer
of its allocated share of the costs of the off-tract improvements,
the Township may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-tract improvements,
based upon the cost of the project, including administration and finance
charges. Any portion of the cost of the improvements not defrayed
by a developer may be assessed against benefiting property owners
by the Township. Any assessments for benefits conferred made against
the developer or its successors in interest shall be first offset
by a pro rata share credit of the allocated costs previously deposited
with the Township Treasurer pertaining thereto. The developer or its
successors in interest shall not be liable for any part of an assessment
for such improvements unless the assessment exceeds its pro rata share
credit for its deposit, and then only to the extent of the deficiency.
H. Credit for work performed. In the event the developer
installs and constructs an off-tract improvement on any portion thereof,
which improvement is accepted by the Township, then the cost shall
be treated as a credit against any future assessment for that particular
off-tract improvement or portion thereof constructed by the Township
in the same manner as if the developer had deposited its apportioned
cost with the Township Treasurer, as provided herein.
I. Installation of improvements by applicant. At the
discretion and option of the Township, the Township may enter into
a contract with the developer providing for the installation and construction
of the off-tract improvements by the developer upon contribution by
the Township of the remaining unallocated portion of the cost of the
off-tract improvement. In the event the Township so elected to contribute
to the cost and expense of installation of the off-tract improvements
by the developer, the portion contributed by the Township shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
J. Design standards. Should the developer and the Township
enter into a contract for the construction and erection of the off-tract
improvements to be done by the developer, it shall observe all requirements
and principles of this chapter and other ordinances in the design
of such improvements.
K. The terms herein set forth shall be a condition of
either preliminary approval or final approval of a subdivision or
site plan. If not imposed as a condition of preliminary approval,
such off-tract improvements and the apportionment of the cost thereof
shall be considered improvements under N.J.S.A. 40:55D-1 et seq.,
which may be imposed at the time of final approval.
L. Notice and appeal. Before apportioning the cost of
off-tract improvements to a developer, the Planning Board shall notify
and afford the developer an opportunity to be heard thereon at a public
meeting. The developer may appeal to the governing body's confirmation
as provided by law.
[Added 4-30-2002 by Ord. No. 2002:12]
A. Traffic impact study. The purpose of traffic impact
studies is to assess the effect of new development, expansions and
redevelopment projects on the existing public street network, including
pedestrian and public transit facilities. These studies are also to
examine the functional relationship between the site access, circulation
and parking systems (as appropriate) and the public street system.
As such, traffic impact studies are necessary to evaluate the appropriateness
of the site development within the context of the public street system
and to identify any necessary public infrastructure improvements needed
to accommodate the traffic demands generated by the proposed use.
B. When required. Traffic impact studies are required
to be submitted for site plan applications when:
(1) Access is or will be provided at an existing signalized
intersection along a public road.
(2) Signalized access to a public road is proposed by
the applicant or is required by the Township Engineer or the Township
Traffic Engineer.
(3) The proposed development, redevelopment and/or expansion
results in a net increase of 25 or more peak hour trips in any given
peak hour period (a.m., p.m. or Saturday). This threshold is not to
include any credits for pass-by traffic. Peak hour trip calculations
are to be based upon the current edition of the ITE Trip Generation
Manual or, if data is not available or is limited in scope, site specific
data can be substituted. Credit for existing traffic (based upon the
ITE Trip Generation Manual) is to be allowed for existing development
on the property in question subject to approval by the Township Engineer
or the Township Traffic Engineer.
(4) When determined by the Township Engineer or the Township
Traffic Engineer to be necessary due to specific and/or unique site
and roadway conditions.
C. Content. In general, traffic impact studies shall
contain the following components:
(1) Description of existing roadways.
(2) Existing traffic volume information. Traffic counts
are to generally be conducted between Tuesday and Thursday and not
on days immediately preceding or following holidays. For retail and
mixed use developments, Friday and Saturday periods are required.
Traffic counts are generally to be performed during the 7:00 a.m.
to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. periods on weekdays and between
11:00 a.m. and 3:00 p.m. on Saturdays unless there are other specific
concerns or the proposed use has different peak periods. A peak hour
for each time period shall be defined as the four consecutive fifteen-minute
intervals with the highest total volume, and said peak hour volumes
shall be used in all analysis.
(3) Existing levels of service and evaluation of existing
operating conditions (using approved capacity analysis software).
(4) Description of proposed project, including the type
and size (number of units, seats, square footage, etc.) of development.
(5) Trip generation calculations based upon the ITE Trip
Generation Manual (most current edition available), including pass-by
trip calculations. If other data sources are used to project site
traffic, the basis of the trip generation must be approved by the
Township Engineer or the Township Traffic Engineer.
(6) Trip distribution, including the basis for the distribution
(gravity model, existing traffic patterns, etc.).
(7) Site-generated traffic will be assigned to the roadway
network based upon minimum travel times and knowledge of the travel
patterns within the study area.
(8) Determination of future build year or years if a phased
project.
(9) Background traffic growth projections, including regional
traffic growth (based upon annualized growth factors published by
NJDOT) and other specific projects within the influence area of the
proposed project.
(10)
Future no-build traffic volumes and future build
traffic volumes.
(11)
Evaluation of future no-build and build levels
of service and operating conditions (using approved capacity analysis
software). Level of service results are to be reported on a per-approach
movement basis.
(12)
Identification and evaluation of proposed mitigation
measures and other roadway improvements, including any needed safety
improvements.
(13)
Discussion of site access, sight distances and
circulation, including pedestrian elements.
(14)
Graphics are to include a location map, existing
and proposed lane usage diagrams and volume networks for each analysis
period. Graphics are also to be provided for site-generated traffic,
separating new traffic volumes, pass-by volumes and any other unique
volume adjustments (existing traffic volume credits, etc.).
(15)
Copies of capacity analyses and traffic count
data are to be included as appendixes.
(16)
A discussion of the site plan elements, including
but not limited to, sight distances, parking, circulation, loading,
access design and location and recommended traffic control measures.
D. Study area. The extent of the study area, those intersections
to be analyzed, will vary depending upon the size and nature of the
proposed project and the amount of traffic to be generated. The following
locations are to be included in the study area:
(1) For all projects that result in a net increase of
25 or more peak hour trips in any given peak hour period (a.m., p.m.
or Saturday), exclusive of credits for pass-by traffic, the following
intersections shall be included:
(a)
The traffic study will be required to evaluate
the impacts at the intersections of the proposed site driveways or
streets with the public road network.
(b)
The traffic study is required to include the
first signalized intersection on a public road in each direction from
any site driveway, up to a maximum distance of two miles.
(c)
Any signalized intersection that will service
25 or more new peak hour trips from the proposed development shall
be included in the study area. The analysis requirement shall also
apply to unsignalized intersections if the proposed development will
increase traffic on the minor street approach. Along divided roadways,
ramp junctions and weaving sections are also to be considered applicable
analysis locations.
E. Level of service standards. For all intersections
(both signalized and unsignalized), lane groups with left turn movements
must be maintained at Level of Service D and all other lane groups
must be maintained at Level of Service C, as described in the Highway
Capacity Manual, Special Report 209, published by the Transportation
Research Board. In situations where the no-build level of service
does not achieve Level of Service D for lane groups with left turns
and Level of Service C for other lane groups, the no-build delay,
rounded to the nearest second, must not be degraded.
(1) If the above level of service standards are not exceeded
in the no-build condition, each development is permitted to increase
no-build delay by the lesser of the difference between the no-build
delay and the upper end of the delay range for the above level of
service standards, or a maximum of 5 seconds, rounded to the nearest
second. Any traffic above this threshold shall be considered a violation
component of site traffic. If the above level of service standards
are exceeded in the no-build condition, all site traffic shall be
considered part of the violation component. Any site traffic that
can be accommodated without violating the above requirements shall
be considered nonviolation site traffic, with the remainder of site
generated traffic being the violation component of site traffic.
(2) For any locations not meeting the above level of service
standards, the traffic impact study must provide a conceptual improvement
plan to mitigate the traffic impacts of the site, subject to the review
and approval of the Township Engineer or the Township Traffic Engineer.
(3) For unsignalized driveways, movements exiting the
driveway must be maintained at Level of Service E, as described in
the Highway Capacity Manual, Special Report 209, published by the
Transportation Research Board, during all time periods.
F. Determination of fair share contribution. The traffic
impact study must include an estimate of the probable construction
costs of any mitigation improvements, subject to the review and approval
of the Township Engineer or the Township Traffic Engineer. Improvement
costs are to include design costs, right-of-way appraisal and acquisition,
construction, construction management and permitting.
(1) The developer's contributions for these improvements
will be apportioned based upon the violation component of site traffic
added to the specific intersection divided by the increase in the
capacity of the intersection, as shown in the following equation:
|
Fair Share Contribution
|
=
|
(Violation Component of Site Traffic)
|
|
|
|
(Capacity Increase)
|
(2) The capacity of the intersection (both in the pre-
and post-mitigation cases) shall be determined by incrementing the
traffic volume through the intersection until the most critical movement
reaches the upper threshold of level of service as described in the
Highway Capacity Manual, Special Report 209, published by the Transportation
Research Board. In performing capacity calculations, the future build
volumes shall be utilized, and all signal phasing and timings shall
be held constant.
(3) The capacity increase of the mitigation shall be determined
in the following manner:
|
Capacity Increase = (Capacity after Mitigation)
- (Capacity with Mitigation)
|
(4) In the case where level of service standards are violated
during multiple time periods (e.g., a.m. and p.m. peak hours), the
fair share contribution for each time period shall be calculated independently,
and the worst case (i.e., highest fair share contribution) shall apply.
(5) Improvements that solely benefit the development site
(e.g., signalized driveways, left turn lanes, acceleration lanes)
are not considered off-tract improvements and, consequently, are not
subject to fair share contribution calculations. The costs associated
with these improvements shall be considered on-tract improvements
and, hence, are the sole responsibility of the applicant.
(6) For sites that require access permits from the New
Jersey Department of Transportation (i.e., sites with driveways on
roadways under the jurisdiction of the New Jersey Department of Transportation),
fair share obligations under the New Jersey Department of Transportation
Access Management Code supersede the above obligations for intersections
under state jurisdiction only.
Grades and cross sections shall be such as to
provide for the disposal of stormwater and such groundwater seepage
as may be encountered, all in accordance with the plans therefor approved
at the time of the approval of the tentative plan of the subdivision
and as may be required in the field by the Director of Public Works
or the Township Engineer as the work progresses. All underground utilities,
drains or other facilities located within the roadway portion of a
street shall be installed prior to the placing of any road-surfacing
material.
[Added 3-14-2000 by Ord. No. 2000:6]
Retaining walls greater than six feet in height
shall be tiered at every six-foot interval of height. Each tier shall
be set back a minimum of three feet to provide for the placement of
landscape plantings at each tier level. Landscaping shall be required
at each tier level to reduce the appearance of height and mass of
the retaining wall. This requirement shall not apply to any development
for which preliminary major subdivision approval, preliminary major
site plan approval, final subdivision approval or final site plan
approval was granted by a resolution of approval adopted by the Planning
Board prior to the adoption of this provision, and which approval
has not expired. In such cases, the requirements and conditions contained
in the resolution of approval shall apply.
[Amended 10-9-1984 by Ord. No. 84:61]
The developer shall install or cause to be installed,
at his own expense, streetlighting facilities in accordance with the
Recommended Practice of Street and Highway Lighting of the Illuminating
Engineering Society (latest edition), or other equivalent and acceptable
standards. The developer shall pay the cost of operating the streetlights
until such time as the lights which are installed shall be accepted
by resolution of the Township Council as part of the acceptance of
a public street of the Township. At the time of final approval, the
developer shall deposit with the Township cash in an amount equal
to twice that annual billing rate as determined by Jersey Central
Power and Light Company. The Township shall utilize the cash deposit
to pay the annual billings for such streetlighting in the development
until the streets are accepted as above provided, at which time the
Township shall return to the developer the remaining cash on deposit,
if any. At the time of final approval, the developer shall also pay
to the Township the contribution fixture rate determined by Jersey
Central Power and Light Company, which amount represents part of the
developer's installation cost for streetlighting facilities.