Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-42, construction of or contributions for off-site or off-tract
water, sewer, drainage and street improvements may be required in
accordance with the following criteria.
In cases where reasonable and necessary need
for an off-site or 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 Board may require
the applicant as a condition of site plan approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on-site or on-tract improvements in the manner provided
herein and as otherwise provided by law.
Where an off-site or 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, constructions 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 generated
by the proposed property or properties to the sum of the present deficiency
in peak hour traffic capacity of the present facility and the estimated
peak hour traffic generated by the proposed development. The ratio
thus calculated shall be increased by 10% for contingencies.
B. Any Borough expense for water distribution facilities,
including the installation of new 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 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 surface runoff as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the existing peak flow 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 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.