[Amended 7-22-1996 by Ord. No. 96-13]
As a condition of final subdivision or site
plan approval, the board of jurisdiction shall require an applicant
to pay its pro rata share of the cost of providing reasonable and
necessary water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the development but necessitated
or required by construction or improvements within such development.
The proportionate or pro rata amount of the cost of such facilities
that shall be borne by each developer or owner shall be based on the
criteria established herein.
[Amended 7-22-1996 by Ord. No. 96-13]
In cases where the reasonable and necessary
need for an off-tract water, sewerage or drainage improvement or improvements
is necessitated or required by the proposed development application
and where no other property owners receive a special benefit thereby,
the applicant may be required, as a condition of approval, at the
applicant's sole expense, to provide for and construct such improvements
as if such were an on-tract improvement, in the manner provided hereafter
and otherwise provided by law.
[Amended 8-9-1982 by Ord. No. 82-36; 9-24-1984 by Ord. No. 84-29; 7-22-1996 by Ord. No. 96-13]
In cases where the need for any off-tract water,
sewerage or drainage improvement is necessitated by the proposed development
application and where it is determined that properties outside of
the development will also be benefited by the improvement, the following
criteria shall be utilized in determining the proportionate share
of such improvements to the developer.
A.
Sanitary sewers. Distribution facilities, including
the installation, relocation or replacement of collector, trunk and
interceptor sewers, and the installation, relocation or replacement
of other appurtenances associated therewith. The applicant's proportionate
share shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer
system shall be based on all applicable New Jersey Department of Environmental
Protection regulations and all West Windsor Township Sewer Design
Standards, including infiltration standards, and all other Township
stormwater drainage standards.
(2)
The capacity of the existing system to service the
entire improved drainage area shall be computed as follows:
(a)
If the system is able to carry the total developed
drainage basin, no improvement or enlargement cost will be assigned
to the developer.
(b)
If the existing system does not have adequate
capacity for the total developed drainage basin, the prorated enlargement
or improvement share shall be computed as follows:
|
Total enlargement or improved cost
|
=
|
Total tributary gpd
| |
|
Developer's cost
|
Development gpd
|
(c)
If it is necessary to construct a new system
in order to service the proposed development, the prorated enlargement
share to the developer shall be computed as follows:
|
Total project cost
|
=
|
Total tributary gpd to new system
| |
|
Developer's cost
|
Development tributary gpd
|
(3)
The plans for the improved system or extended system
shall be prepared by the developer's engineer. All work shall be calculated
by the developer and subject to the approval of the Township Engineer.
B.
Drainage improvements. For stormwater and drainage
improvements, including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, rip-rap or improved
drainage ditches and appurtenances thereto and relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
the applicant's proportionate share shall be determined as follows:
(1)
The capacity and the design of the drainage system
to accommodate stormwater runoff shall be based on a method described
in Urban Hydrology for Small Watershed Technical Release 55, Soil
Conservation Service USDA, January 1975, as amended, or a successor
method, computed by the developer's engineer and subject to the approval
of the Township Engineer.
(2)
The capacity of the enlarged, extended or improved
system required for the subdivision or site plan and areas outside
of the developer's tributary to the drainage system shall be determined
by the developer's engineer, subject to approval of the Township Engineer.
The plans for the improved system shall be prepared by the developer's
engineer and the estimated cost of the enlarged system calculated
by the Township Engineer. The prorated share for the proposed improvement
shall be computed as follows:
|
Total enlargement or improvement cost
of drainage facilities
|
=
|
Total tributary cfs
| |
|
Developer's cost
|
Development cfs
|
[Amended 7-22-1996 by Ord. No. 96-13]
Where the proposed off-tract water, sewerage
or drainage improvement is to be undertaken at some future date, the
moneys required for the improvement shall be deposited to the credit
of the Township in a separate account until such time as the improvement
is constructed. If the off-tract improvement is not begun within 10
years of deposit, all moneys and interest shall be returned to the
applicant.
[Amended 7-22-1996 by Ord. No. 96-13]
In any case in which an applicant shall not
provide the approving authority with the estimates of a consulting
engineer with regard to estimated improvement costs and all other
information necessary to proportion costs, the approving authority
may rely on the estimates of the Township Engineer and/or planner
in order to prorate costs.
[Added 9-24-1984 by Ord. No. 84-29; 8-21-1989 by Ord. No. 89-33; 12-16-1991 by Ord. No. 91-36; 7-22-1996 by Ord. No. 96-13]
A.
Assessment for required off-tract street improvements.
As a condition of final subdivision and site plan approval, the board
of jurisdiction shall require an applicant to pay its pro rata share
of the cost of providing reasonable and necessary street improvements
located outside the property limits of the development but necessitated
or required by construction or improvements within such development.
Such improvements may be to municipal and county streets and roads
and to intersections of such streets and roads with state highways.
Street improvements shall include, but not be limited to, street widening,
alignment, channelization of intersections, construction of barriers,
new or improved traffic signalization, signs, curbs, street drainage,
sidewalks, trees, utility improvements uncovered elsewhere, the construction
or reconstruction of new or existing streets and other associated
street or traffic improvements.
B.
Manner of calculating pro rata share. Except as otherwise provided in Subsections C and D of this section, each applicant's pro rata share shall be calculated by use of the following formula for each street improvement shown on the Timed Growth Control Staging Sub-Plan Element to the Land Use Plan of West Windsor Township and scheduled to be built within 10 years from the date of final approval or, for developments to be built in phases which the board of jurisdiction determines should be treated as separate developments for purposes hereof, 10 years from the date site work for each phase begins:
|
Pro ratashare =
|
Applicant's projected p.m.
peak hour traffic using
improvement at end of
ten-year period
|
X
|
Cost of improvement
| |
|
Total additional projected p.m. peak hour traffic
using improvement at end of ten-year period
|
(1)
The ten-year period shall begin on the date final
approval is granted, except that, for developments proposed to be
built in phases, the developer's pro rata share shall be calculated
separately for each phase for which the board of jurisdiction in the
approval designates as warranting separate treatment because of the
length of time of the phasing schedule and other pertinent factors
and, in such case, the ten-year time period shall be treated as beginning
on the date site work for each such phase commences.
(2)
Total additional projected p.m. peak hour traffic
shall be calculated on the basis of traffic from all projected development
in the Township and projected additional traffic passing through the
Township from the beginning to the end of the ten-year period. In
each case, the projected traffic shall be that traffic projected to
use the road link or intersection to be improved.
(3)
Traffic projections for both the applicant's development
and for total future traffic growth shall be made by the Township's
traffic consultant, using the most current I.T.E. trip generation
manual and such other guidelines and factors as he or she deems appropriate.
The applicant may provide estimates for the development's traffic
generation, which the Township's traffic consultant may use, at his
or her option, for the calculation. The Township's traffic consultant's
trip generation estimate shall be presumed to be correct.
(4)
A separate pro rata calculation shall be done for
each street improvement shown on the Timed Growth Control Staging
Sub-plan Element to the Land Use Plan of West Windsor Township scheduled
to be made during the ten-year calculation period.
(5)
The cost of each improvement shall be calculated by
the Township Engineer on the basis of the cost estimates set forth
in the Timed Growth Control Staging Sub-plan Element to the Land Use
Plan of West Windsor Township and of such further calculations, using
generally accepted construction cost estimators and such other sources
as are useful, as he or she deems appropriate.
(6)
The cost of each improvement shall be reduced by the
amount attributable to making a partial improvement necessary to improve
existing conditions so that the intersection or road link, as the
case may be, operates at Level of Service D or better.
C.
Pro rata share for special projects. Each applicant's
pro rata share of the Meadow Road overpass and of the realigned Alexander
Road Amtrak bridge, set forth in more detail in the Timed Growth Control
Staging Sub-plan Element to the Land Use Plan of West Windsor Township
and treated as special projects herein, shall be calculated by use
of the following formula:
|
Applicant's projected
p.m. peak hour traffic
using special project at
scheduled project
completion date
|
X
|
Cost of special project
| ||
|
Pro rata share =
|
Total additional projected p.m. peak hour traffic
using special project at scheduled special project completion date
|
(1)
Total additional projected p.m. peak hour traffic shall be calculated on the basis of traffic from all actual and projected development in the Township and from actual and projected traffic passing through the Township from the date of adoption of this Part 3 to the date of scheduled completion of the special project. The date of scheduled completion shall be treated as the last day of the last year of the subprogram set forth in the Timed Growth Staging Sub-plan Element of the Land Use Plan of West Windsor Township of which the special project is a part. In each case, the projected traffic shall be that traffic projected to use the Meadow Road overpass (including the entire interchange complex with Route 1) or Amtrak bridge, as the case may be.
(3)
A separate pro rata calculation shall be made for
the Meadow Road overpass and Amtrak bridge, whether or not such improvement
has been made as of the time of final approval or, in the case of
a development being built in phases designated for separate treatment
by the board of jurisdiction, the date site work for a phase commences.
(4)
Pro rata share for projects utilizing timed growth
ordinance provisions authorizing development at earlier time than
otherwise permitted.[1]
(a)
Each applicant's pro rata share for a development which the applicant has chosen to develop at an earlier date than permitted by Part 4, Zoning, Article XXVIII, Timed Growth Controls, § 200-157 et seq., by utilizing the exemption for affordable housing projects set forth in § 200-158, an exemption set forth in § 200-162, a right to accelerate the exercise of additional rights set forth in section § 200-160 or the option to choose an alternative basic rights level set forth in § 200-164 shall be calculated by use of the formula and standards set forth in Subsection B of this section. In addition, each applicant for such development shall pay in accordance with the following formula its pro rata share for each street improvement shown on the Timed Growth Control Staging Sub-Plan Element to the Land Use Plan of West Windsor Township located within the timed growth district within which the development is located, but not scheduled to be constructed within the ten-year period set forth in Subsection B of this section.
|
Applicant's projected
p.m. peak hour traffic
using improvement at
end of last year in
which applicant's
additional rights
accrue
|
X
|
Cost of improvement
| ||
|
Pro rata
share =
|
Total additional projected p.m. peak hour traffic
using improvement at end of last year in which applicant's additional
rights accrue
|
(b)
In applying this formula, the principles set forth in Subsections B(1) through B(6) of this section shall be utilized, except that the time period to be used shall be the end of the last year in which the applicant's additional rights accrue, as determined by § 200-159B of Part 4, Zoning, of this chapter, rather than 10 years from the date of final approval or from the date site work begins on a phase which the board of jurisdiction determines should be treated as a separate development.
[1]
Editor's Note: This Subsection C(4) includes references to former Art. XXVIII, Timed Growth Controls, and/or sections formerly included in that article. Said timed growth controls were declared invalid by the Superior Court of New Jersey in an order dated 12-4-1997. See the Note included on Art. XXVIII for additional details regarding the court action.
D.
Calculation procedure.
(1)
Provision of data used for Subsections B and C calculations. The Township traffic consultant shall provide the applicant, at the applicant's request, with the following as to each off-tract street improvement projected to be used by traffic generated by the applicant's development: a description of the off-tract street improvement, existing peak hour flow, projected growth of such flow, total cost of the off-tract street improvement, such other data as the traffic consultant has used in making the pro rata calculation and the applicant's pro rata share of the cost of the off-tract street improvement. The cost of the traffic consultant's services shall be borne by the applicant pursuant to Chapter 82, Fees.
(2)
Look-Up Table. In lieu of having its pro rata share calculated pursuant to Subsections B, C, D and E(1), the applicant may pay its pro rata share in accordance with the schedule of rates in the Timed Growth Control Staging Subplan Element to the Land Use Plan of West Windsor Township. The Planning Board shall calculate such rates so as to assure that the applicant's pro rata obligation as calculated by using such schedule will not be less than that calculated by using the formulas set forth in Subsections B and C. Such schedule shall be updated annually by the Planning Board as part of the annual review set forth in Subsection O, including running the model necessary therefor.
E.
Credit for on-site street improvements not necessitated
by the development. Where the board of jurisdiction requires an applicant
to oversize an on-site street improvement to benefit the general public
and other future applicants, the applicant shall be given a credit
equal to the difference between the cost of the on-site street improvement
required by the development itself and the total cost of the on-site
street improvement required by the board of jurisdiction. It shall
be the applicant's burden of demonstrating to the satisfaction of
the board of jurisdiction that the improvement is oversized and the
magnitude of the difference in cost.
F.
Credit for certain off-tract street improvements constructed by the applicant. If the applicant constructs off-tract improvements subject to Subsection B pursuant to the final approval of the board of jurisdiction, the actual cost to it of such improvements shall be a credit against the applicant's total pro rata share.
G.
When payment is due; failure to pay. Ten percent of the applicant's pro rata share shall be payable upon the issuance of the first building permit, and the balance due shall be payable upon the issuance of certificates of occupancy so that at any given time the amount paid as a percentage of the total amount due is at least as great as the floor area covered by the certificates of occupancy as a percentage of the total floor area approved, in the case of nonresidential development, or of the number of dwelling units for which certificates of occupancy have been issued as a percentage of the total number of dwelling units approved, in the case of residential development. In the case of developments being constructed in phases for which separate pro rata share calculations are undertaken pursuant to Subsection B, the payment obligation shall accrue on a phase-by-phase basis. As of the date of each payment, each payment shall be adjusted by multiplying it by a fraction, the numerator of which is the index as of the date each payment is made and the denominator of which is the index of the date Township Council authorizes execution of this agreement. As used herein, "the index" means the highway bid price index for the State of New Jersey, as published by McGraw Hill Publishing Co., or its successor, in the Dodge Building Cost indexes for United States and Canadian Cities, and shall be the average of the Philadelphia area and the New York Metropolitan area. If, as of any relevant date the index is no longer published or issued, the Federal Highway Administration's bid price index or other such index as accurately reflects the cost of constructing road improvements in New Jersey shall be used in place thereof. If the applicant fails to pay the amounts due and owing, the Township may stop construction until payment is made.
H.
Trust account. All payments made to this section shall
be placed in an interest-bearing trust account administered by the
Township. Disbursements from this trust account shall be made following
the written approval of the County of Mercer and of the Township.
I.
Use of funds.
(1)
Funds collected pursuant to Subsection B shall be returned to the applicant if they have not been obligated for use for the street improvement for which they were collected (or for such other street improvements which in the opinion of the Township Engineer provide equal or greater benefit to the applicant or which are mutually agreed upon) within 10 years of the date of receipt of the last payment due or, in the case of a development to be built in phases for which separate pro rata share calculations are made, within 10 years of receipt of the last payment due for that phase. Funds collected pursuant to Subsection C shall be returned to the applicant if they have not been obligated for use for the special project for which they were collected (or for such other street improvements which in the opinion of the Township Engineer provide equal or greater benefit to the applicant or which are mutually agreed upon) by the end of the time frame set forth in Subsection C(1) or 10 years from the date of receipt of the last payment due, whichever is later. The additional funds collected pursuant to the formula set forth in Subsection D shall be returned to the applicant if they have not been obligated for use for the street improvement for which they were collected (or for such other street improvements which in the opinion of the Township Engineer provide equal or greater benefit to the applicant or which are mutually agreed upon) within the time frame set forth in such formula or 10 years from the date of receipt of the last payment due, whichever is later. No later than September 1 of each year, or as soon thereafter as is practicable, the Township Engineer shall report to the Planning Board the Township Engineer's intent to utilize funds collected for one street improvement for another improvement, pursuant to this subsection.
(2)
Funds in the trust account may be used without permission
of or notice to the applicant. They may be used for payment to contractors
or others for actual construction, reimbursement to third parties
for work performed, the public share of multi-jurisdictional improvements,
planning, engineering feasibility studies and inspections, contract
administration, attorneys' fees and other soft costs, easement acquisition
and for any other purposes relating to construction.
J.
Payment under protest. Where an applicant pays the
amount determined as its pro rata share under protest, it 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. In the event that the applicant fails to institute
legal action within one year of such payment, it shall be deemed to
have waived its right to challenge its pro rata share.
K.
Developer's agreement.
(1)
A condition to any final approval shall be that the
applicant enter into an agreement with the Township in recordable
form granting a lien upon the real estate subject to the application
in the amount of the total payments due. The agreement shall also
provide for the following:
(a)
Payment of the fee representing the applicant's
pro rata share of road and street improvements, inclusive of land
acquisition costs, if any, in accordance with the standards set forth
in this section and in the Timed Growth Control Staging Sub-plan to
the Land Use Plan of West Windsor Township, including provision for
adjustment of such fee due to inflation or other factors.
(b)
An installment payment schedule, if requested
by the applicant, based upon the phasing of the development.
(c)
The limit of the applicant's off-tract improvement
liability upon payment of the fee.
(d)
A description of structural improvements to
be made by or at the expense of the developer and the timing or sequencing
of such installation.
(e)
The terms and conditions under which the escrowed
funds shall be established, maintained and released.
(f)
Such other matters as may be recommended by
the Planning Board or the Township Council or are otherwise appropriate.
(2)
The developer's agreement shall be recordable at the
Township's option.
L.
Public share. The public share of the cost of the street improvements subject to Subsections B through D of this section shall be that portion of the costs for which applicants are not responsible under such Subsections B through D; namely, the share attributable to additional traffic passing through the Township and the cost of the improvements described in Subsection B(6). The public share can be met by the funding or construction of improvements by the Township, county or state or by use of other non-applicant sources.
M.
Exemption for public buildings. Development applications
made by a municipal agency for the construction of a public building
shall be exempt from this section.
N.
Periodic review of capital improvement program, traffic projections and Look-Up Table. In conjunction with the periodic review of the timed growth program required by § 200-165 and the traffic capacity analysis required by § 200-161A(1) of Part 4, Zoning, of this chapter, the Planning Board shall, at least once each calendar year, review the status of construction of improvements to determine whether it is consistent with the Timed Growth Control Staging Sub-Plan Element to the Land Use Plan of West Windsor Township; the appropriateness of adding street improvements to or deleting them from the capital improvement program; specification of which road improvements fall within the Subsection B ten-year time frame; the cost of all street improvements, including administrative expenses, traffic projections used in formulating the capital improvement program and in undertaking the calculations set forth in Subsections B through D; and the Look-up Table. Such review shall be described in the report to the Mayor, Township Council and Administration, which shall include recommended elements of the capital budget and amendments to Part 1, Site Plan Review, Part 2, Subdivision, and Part 4, Zoning, of this chapter.[2]
O.
TID #1 escrow account. The Township shall maintain the TID #1 escrow account for funds collected for the TID #1 program repealed hereby and shall use such funds for TID #1 improvements in accordance with the TID subplan element and ordinance provision (§ 200-174 of Part 4, Zoning, of this chapter) in effect during the life of the program and the developer's agreements entered into pursuant thereto.
[Added 10-17-1988 by Ord. No. 88-23; amended 12-12-1988 by Ord. No. 88-38]
A.
An interceptor sewer improvement district (hereinafter,
"the district") as set forth on the map attached hereto (hereinafter,
"the System Map") and showing the Delaware and Raritan Canal Interceptor
and the Duck Pond Run Interceptor, including its north and south branches
(hereinafter, "the interceptor system") is hereby established.[1]
[1]
Editor's Note: The System Map is located at
the end of this chapter.
B.
The Planning Board shall require property owners seeking
development approvals within the district, as a condition of their
development approvals, to build the portion of the interceptor system
passing through their properties within the limits specified by the
Township Engineer. Development approval may also be conditioned on
arrangements by the developer or others being in place for the construction
of any downstream portion of the interceptor system which is necessary
in order to transmit the sewage from their development through the
interceptor system and ultimately to the Stony Brook Interceptor of
the Stony Brook Regional Sewerage System at or near Alexander Road.
C.
The alignment of the interceptor system shall be as
shown on the System Map, as it may be modified from time to time.
The interceptor system shall be constructed in accordance with the
Sewer Master Plan and in accordance with Township requirements and
standards as they may be modified from time to time. No construction
shall be permitted unless the plans and specifications have been approved
by the Township Engineer. Upon completion and acceptance by resolution
of the Township Council, the completed portion or portions of the
interceptor system shall become part of the Township's local sewerage
collection system.
D.
The cost of constructing the interceptor system shall
be allocated among the property owners within the district connecting
directly to the interceptor system in accordance with the following:
each such property owner shall be responsible for its fair share of
the total construction costs. Construction costs shall be limited
to the survey for easement delineation, permit fees and hard costs
of construction (including utility relocation, soil testing and site
restoration), but shall not include the costs of engineering, legal
and other professional services (other than for the easement survey
and soil testing), inspection fees and administrative costs. The construction
cost shall be allocated in accordance with the following methodology:
(1)
The total construction cost of the interceptor system
and the cost of construction for each segment incurred by each property
owner (or group of property owners) shall be estimated by the Township
Engineer. If a group of contiguous property owners agree between or
among themselves to be treated by the Township as a single property
owner, the term "property owner" as used herein may be used to refer
to a group of property owners.
(2)
As each property owner constructs its segment of the interceptor system, the Township Engineer shall certify the direct construction cost of that segment and of that property owner and shall adjust, if necessary, the total construction cost figures [Subsection D(1) above].
(3)
The total sewage volume to be generated from within
the district and the estimated flows from each property owner (from
his or her own property and from any other properties which contribute
flows into his or her collection lines) shall be estimated and revised
from time to time by the Township Engineer based on present or projected
land use regulations and development constraints.
(4)
As each developer receives its preliminary development approvals, the Township Engineer shall certify flow figures per unit or other building type and total flow figures for each developer based on the then applicable New Jersey Department of Environmental Protection sewage flow generation figures and shall adjust, if necessary, the total flow figures [Subsection D(3) above]. For properties developed in whole or in part as of the effective date of this subsection, the Township Engineer shall certify flow from the lines as of such date.
(5)
Each property owner's allocated fair share of the
total construction cost shall be determined by multiplying the total
construction cost by each property owner's projected percentage of
the total sewage flow generated within the district. This becomes
the property owner's cost based on flow. Initially this will be an
estimated number, but it shall be recalculated for each property owner
when certified cost and approved unit and flow figures are determined.
Once established for a property owner, this figure shall not be modified
because of upstream recalculations.
(6)
Property owners whose cost based on flow is less than their certified construction cost figures will have paid more than their allocated fair share and shall be entitled to reimbursement of the differential from the property owners described in Subsection D(7) below. This amount shall be repaid as described in Subsection D(8) below.
(7)
Property owners whose cost based on flow is more than their certified construction cost figures, if any, will have paid less than their allocated fair share and shall be required to reimburse the differential to the property owners described in Subsection D(6) above. This amount shall be paid to such property owners in proportion to their then outstanding reimbursement entitlements [as adjusted under Subsection D(9) below], and the balance, if any, shall be held by the Township for distribution to upstream property owners.
(8)
Each property owner within the district (except for
the most downstream property owner) shall also be required to pay
to each downstream property owner a benefit cost calculated by multiplying
the paying property owner's benefit ratio by each downstream property
owner's then applicable reimbursement amount.
(a)
The benefit ratio is calculated separately relative
to each downstream property owner by determining the paying property
owner's proportion of the projected total flow in each downstream
property owner's segment of the interceptor system. For this purpose,
the downstream property owner is assumed to be connected at the upstream
point of its line.
(b)
Each downstream property owner's then applicable reimbursement amount shall be its original reimbursement amount from Subsection D(6) above, increased by benefit costs paid or payable to property owners downstream of it and reduced by reimbursement amounts paid or payable from intervening upstream property owners. Interest shall be added to the unpaid reimbursement amount as provided in Subsection D(10) below.
(9)
After the location where the interceptor system splits
between the north branch and the south branch of the Duck Pond Run
Interceptor, the obligation to repay the total of the reimbursement
amounts then owed to the property owners who constructed the Delaware
and Raritan Canal Interceptor shall be divided between the property
owners of the north branch and the property owners of the south branch
in the ratio which the total reimbursement obligation of each branch
is of the total reimbursement obligation of both branches. For this
purpose, the cost of installing the line under Route 1 shall be added
to the north or the south branch, depending on whether the property
owner who assumes this obligation is to be served by the north or
south branch.
(10)
The computations shall include an interest rate
adjustment. Annually on January 2 of each year, commencing in 1988,
the reimbursement payments and the reimbursement amount remaining
unpaid shall be recalculated using an interest rate adjustment, but
no interest shall be due on interest. The interest rate to be used
shall be the prime rate of the Chase Manhattan Bank of New York plus
1%.
(11)
The Township Council may from time to time make
such adjustments as may be required to implement and administer this
system in accordance with the standard of maintaining an equitable
cost allocation system.
E.
As a condition of the approval of any development within the district or, in the case of developed parcels, as a condition of connecting to the interceptor system, the Township Engineer (or another representative of the Township designated for this purpose) shall compute (using the methodology described in Subsection D) the amount which each such property owner is obligated to reimburse and pay to other property owners in the district. In the case of development approvals, each property owner's payment obligation shall be prorated based on the number of units or on the building area in the development, and payment shall be required as a condition precedent to the issuance of building permits. In the case of developed parcels, payment shall be required upon connection to the interceptor system. If such parcels are further developed at a later date, they shall be treated at such time as separate development applications in accordance herewith, except that for parcels partially developed under an approved development plan, the property owner shall, upon connection to the interceptor system, pay that proportion of the amount due which is the same proportion as the total number of units or square footage for which building permits have been issued to the total approved units or square footage and shall pay the remainder upon issuance of building permits in the manner set forth herein. Within 30 days of the receipt of payment, the Township shall disburse the amounts payable. Similar computations, notices and payments shall be processed as building permits for additional units or building area in the development are issued.
F.
A property owner shall be entitled to reimbursement
from any later property owner connecting into the system based on
a land use application filed by the later connectors with the Township
or any subdivision thereof on or before December 31, 2014.
[Amended 4-25-2005 by Ord. No. 2005-04]
G.
The Township's sole financial responsibility shall
be to act as the receiving and disbursing agent of the funds required
to be collected from and paid to upstream and downstream property
owners within the district.
H.
The Township of West Windsor does not assume any obligation
to build any portion of the interceptor system or guarantee that any
upstream portion of the interceptor system will ever be built.
I.
The Township of West Windsor does not assume any financial
responsibility for making public funds available to satisfy the reimbursement
rights for the property owners who shall be entitled to reimbursement
on account of the costs they incur in building portions of the interceptor
system.
J.
A condition of final approval for a development located
within the district shall be that the applicant enter into an agreement
with the Township of West Windsor setting forth the applicant's obligations
under this section. The agreement shall be in recordable form and
shall be subject to the review and approval of the Township Attorney.
K.
For affordable housing developments located within
the district:
[Added 9-26-1994 by Ord. No. 94-46]
(1)
The Township of West Windsor at the request of the developer shall undertake to satisfy the conditions imposed on the developer under Subsection B of this section relative to the portion of the interceptor system serving the developer's property and with respect to any downstream portion of the interceptor system. The developer may request either that the Township be responsible for the actual construction or, if the developer itself wishes to undertake the construction, that the Township finance the construction costs. In either event, the Township shall be reimbursed by the developer as hereinafter provided.
(2)
The developer shall immediately reimburse the Township for any costs which the Township incurs which would not be eligible construction costs under Subsection D of this section if incurred by the developer and shall reimburse the Township for all other costs incurred by the Township as hereinafter provided.
(3)
The obligations of the developer and the Township
shall be set forth in a developer's agreement which at a minimum will
define the elements of the construction costs, require a preliminary
and final preconstruction budget and a post construction accounting
to produce a final construction cost figure. The developer's agreement
shall also include a reimbursement formula whereby the Township is
reimbursed for the construction costs expanded or advanced and for
all other cost incurred by it (including financing expenses, interest
on borrowed funds and interest on Township funds) amortized over the
number of market rate units and paid as certificates of occupancy
are issued. This payment shall be a precondition to the developer's
entitlement to a certificate of occupancy.
(4)
The developer's agreement shall be recorded and the
amount owed to the Township shall be a lien on the developer's property
in the project, which may be prorated over the number of units or
lots which the developer has not yet conveyed; but the affordable
units shall be free of this lien, provided that the developer is not
in default of its reimbursement obligation to the Township. The developer's
agreement shall include such other provisions as the parties shall
determine to be necessary to protect their respective interests.
(5)
If the Township has undertaken the actual construction, the construction costs paid as certified by the Township Engineer shall be the developer's construction costs for purposes of the methodology in Subsection D. Except for this linkage, the developer's obligation to reimburse the Township shall be independent of the developer's obligation to reimburse other property owners or to be reimbursed by other property owners as computed in accordance with the methodology of Subsection D or with the proration of the payment of that obligation under Subsection E; provided, however, that if the developer receives reimbursement from other property owners at a time when the developer has not discharged its reimbursement obligation to the Township, all such reimbursement amounts shall be paid to the Township to reduce the developer's obligation to the Township.
