[Added 11-18-1981 by Ord. No. 81-2P]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 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 shall
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 improvement, such determination shall
be made by the Planning Board in writing. Such resolution or determination
of the Planning Board shall specify the off-tract improvements which
are necessary and the terms and conditions which shall be imposed
upon the applicant to ensure the successful and reasonable implementation
of same. In its deliberation as to whether off-tract improvements
are required, the Planning Board shall be guided by the rules and
regulations specified in the Zoning chapter of the Borough[1], this chapter and the Borough Master Plan. The Planning
Board may be guided by counsel from the Planning Board Attorney, Engineer,
any consultant and other qualified experts and Borough officials relative
to the subject matter.
(2)
In the event that the Planning Board determines that
one or more improvements constitute an off-tract improvement, the
Planning Board shall notify the Borough Council of the improvement,
specifying the Board's recommendation relative to the estimated cost
of same, the applicant's prorated share of the cost and possible methods
or means to implement such cost, including but not limited to performance
and maintenance guaranties, cash contributions, development agreements
and other forms of surety.
(3)
The Planning 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 Borough Council and
a written resolution to that effect by the Borough Council has been
transmitted to the Planning Board.
C.
Methods of implementation.
(1)
Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection
with an off-tract improvement, the applicant shall be required to
follow the same procedures and requirements as specified in this chapter
for other improvements.
(2)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as
shall be required by this chapter or by the Planning Board, such agreement
shall be approved as to form, sufficiency and execution by the Planning
Board Attorney and, if required by the Borough Council, the Borough
Attorney. The agreement shall specify the amount of cash contributions,
if any, the method of payment, the relative timing of such payment
and the obligation or obligations to be undertaken by the Borough.
(3)
Cash contributions: when not required. Cash contributions
for off-tract improvements shall not be required under the following
conditions:
(a)
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Borough.
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-site improvement
provided.
(c)
Where the applicant, where legally permissible,
can undertake the improvements in lieu of the Borough, subject to
standards and other conditions as may be imposed by the Borough.
(4)
Cash contributions: method of payment. Where a cash
contribution is required by this chapter, such contribution shall
be deposited with the Treasurer of the Borough with a copy of the
applicant's transmittal letter forwarded to the Borough Council, the
Borough Engineer and the Planning Board. Any and all moneys received
by the Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where such improvements
are not undertaken or initiated for a period of 10 years, the funds
may be retained by the Borough and may be used for general Borough
purposes, but in such event neither the applicant nor any of his heirs,
executors, administrators or grantees shall be liable to the Borough
for any assessments for the purpose of installing any of the improvements
for which such cash contribution was made.
D.
Pro rata formula for determining applicant's share
of off-tract improvements. Where an off-tract improvement is required,
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
(1)
Streets: circulation improvements. For 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 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.
(2)
Water distribution facilities. For 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 and 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.
(3)
Sanitary sewage distribution facilities. For 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 period 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 minute
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.
(4)
Stormwater and drainage improvements. For 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 Planning Board.
(5)
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 Planning 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.
