Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-42, construction of or contributions for off-tract water,
sewer, drainage and street improvements may be required in accordance
with the following criteria:
A. Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an 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 may require
the applicant, as a condition of subdivision approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on tract improvements in the manner provided hereafter and
as otherwise provided by law.
B. Contributions by developer toward required off-tract
improvements.
(1) In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, the Planning Board shall utilize the criteria set forth in §
102-54 below in determining the developer's proportionate share of such improvements as well as the terms and conditions which shall be imposed upon the applicant to ensure successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the Board shall be guided by the rules and regulations specified in this chapter and the Master Plan. The Board may also be guided by counsel from the Board Attorney, engineer, planning consultant and other qualified experts and municipal officials relative to the subject matter.
[Amended 7-27-1998 by Ord. No. 574]
(2) In the event that the Board determines that one or
more improvements constitute an off-tract improvement, the Board shall
notify the Township Committee of the same specifying the Township's
recommendation relative to the estimated cost of same, the applicant's
pro rated share of the cost and possible methods or means to implement
same, including but not limited to performance and maintenance guarantees,
case contributions, development agreements and other forms of surety.
(3) The Board shall not grant final approval on the subdivision
until all aspects of such conditions have been mutually agreed by
both the applicant and the Township Committee and a written resolution
to that effect by the Township Committee has been transmitted to the
Board.
Where an off-tract improvement is required,
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
A. Street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere and the construction of new streets and other
similar street or traffic improvements. The applicant's proportionate
share shall be in the ratio of the estimated peak hour traffic capacity
of the present facility, and the estimated peak hour traffic generated
by the proposal development. The ratio thus calculated shall be increased
by 10% for contingencies.
B. Water distribution facilities, including the installation
of new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith. The applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
C. Sanitary sewage distribution facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in gallons
per minutes to the sum of the present peak flow deficiency in the
existing system or subsystem and the estimated peak flow rate from
the proposed development. The greater of the two ratios thus calculated
shall be increased by 10% for the contingencies and shall be the ratio
used to determine the cost to the applicant.
D. Stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated peak surfaces run off as proposed to
be delivered into the existing system measured in cubic feet per second
deficient for the existing system and the estimated peak flow as proposed
to be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. The applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of the surface water from
the applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Board.
E. General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities
which shall be borne by the applicant, the Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.