[HISTORY: Adopted by the Township Council of the Township of Pohatcong 9-8-1998
by Ord. No. 98-18. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 45.
Certificates of Occupancy — See Ch. 108.
Critical geologic areas — See Ch. 115.
Quarrying — See Ch. 213.
Site improvement standards — See Ch. 224.
Soil erosion and sediment control — See Ch. 233.
Subdivision and site plan review — See Ch. 245.
Zoning — See Ch. 285.
This chapter shall be known and may be cited as the "Pohatcong Township
Off-Tract Improvement Ordinance."
A.
Every developer making application for development which
requires or will benefit from the installation of off-tract sanitary sewerage,
storm drainage or street improvements shall contribute to a fund hereinafter
established for the construction of the off-tract facilities.
B.
Contributions shall be made for each improvement. The
amount of the contribution shall be determined as follows:
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Contribution = Pro Rata Share x Estimated Cost of Facility
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(1)
A developer's pro rata share and the estimated cost
of facility shall be determined as described in this chapter for each required
sanitary sewerage, storm drainage and street improvement.
(2)
The amount of the contribution shall be determined at
the time of preliminary subdivision or preliminary site plan approval.
C.
Sanitary sewerage. Contributions for off-tract sanitary
sewerage facilities shall be required to fund the construction, reconstruction
or replacement of sanitary sewer lines and pumping facilities which are necessitated
by development within the Township.
(1)
As part of the Utilities Element of the Master Plan,
the Planning Board shall estimate the total sewerage flow from potential developments
within the Township's designated sewer service area, distribute the flows
to the various required facilities, and then calculate each developer's
pro rata share of the required improvement. A developer's pro rata share
shall be determined as follows:
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Pro Rata Share =
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Development Flow
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Total New Flow
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(2)
The parameters in the above equation are defined as follows:
D.
Storm drainage. Contributions for off-tract storm drainage
improvements shall be required to fund the construction, reconstruction, or
replacement of stormwater pipes, culverts, channels, and detention basins
which are necessitated by runoff from development within the Township.
E.
Street improvements. Contributions for off-tract street
improvements shall be required to fund intersection and roadway improvements
which are necessitated by traffic generated from new development within the
Township.
(1)
Transportation improvement district. A Transportation
Improvement District is hereby established in the northern, developing portion
of the Township. The purpose of the district is to establish a geographic
area wherein the Township can establish a rational nexus between traffic generated
by new development and improvements required to the existing street system
as a result of the new traffic. The district boundaries have been established
to include all tracts in the northern part of the Township which are zoned
for major development and also to contain streets and intersections where
improvements will be required as a result of development. A plan showing the
limits of the Transportation Improvement District shall be included as part
of the Circulation Plan Element of the Master Plan.
(2)
As part of the Circulation Plan Element of the Master
Plan, the Planning Board shall estimate new traffic from all potential developments
within the Transportation Improvement District, assign the trips to the various
roadways and intersections within the district and calculate each developer's
pro rata share of the required improvements. A developer's pro rata share
shall be determined as follows:
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Pro Rata Share =
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Development Peak Hour Traffic
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Total New Peak Hour Traffic
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(3)
The parameters in the above equation are defined as follows:
(a)
"Development peak hour traffic" shall be that portion
of the total peak hour traffic generated by a proposed development which impacts
the improvement under consideration.
(b)
"Total new peak hour traffic" shall be the total traffic
generated by all new development within the Transportation Improvement District,
including background growth, which will impact the improvement under consideration.
F.
Estimated cost of facilities. The estimated cost of off-tract
sanitary sewerage, storm drainage and street improvements shall be determined
by the Planning Board Engineer at the time of the first contribution for the
improvement and shall include all design, right-of-way acquisition, construction,
and construction inspection costs necessary for completion of the project.
The Planning Board Engineer shall prepare a detailed cost estimate and shall
file copies in the Township Clerk's office. The estimate shall include
a base cost index which shall be the current value of the Engineering News
Record construction cost index. Contributions by other developers at a later
date shall be based on the original cost estimate, adjusted by the ratio of
the latest cost index to the base cost index.
A.
There shall be established by the Treasurer of the Township
of Pohatcong three interest-bearing trust funds entitled "Off-Tract Sanitary
Sewer Improvement Fund," "Off-Tract Storm Drainage Improvement Fund" and "Off-Tract
Street Improvement Fund," into which contributions as assessed above shall
be deposited and from which design, right-of-way acquisition, construction
and construction inspection costs shall be withdrawn.
B.
Within each trust fund established in § 199-3A, the Treasurer shall maintain a separate account for each specific improvement for which a contribution has been made and shall further maintain a ledger which indicates the source and amount of each contribution.
C.
The Treasurer shall apportion interest earned within each of the three trust funds as established in § 199-3A to each specific improvement in proportion to each improvement's account balance in relation to the total balance in the trust fund.
D.
Funds contributed for sanitary sewerage improvements
or storm drainage improvements shall be used on the specific project for which
the funds were submitted. However, within the Transportation Improvement District,
funds submitted for street improvements shall be permitted to be utilized
on the various projects which have been identified in the Circulation Plan
Element of the Master Plan which lie within the Transportation Improvement
District. It has been determined by the Planning Board and Council of Pohatcong
Township that the completion of street improvements within the Transportation
Improvement District will provide inherent benefits to development projects
within the district and to public in general in terms of safe and convenient
access to abutting properties and acceptable levels of service on the streets
and intersections within the district. Any funds submitted for street improvements
outside of the Transportation Improvement District shall be used on the specific
project for which the funds were submitted.
A.
The Planning Board, as part of its development applications,
shall determine whether off-tract improvements, as defined in this chapter,
are required for the project under consideration. If off-tract improvements
are determined to be necessary, the Planning Board shall further determine
whether the impact of the proposed development will required the actual installation
of the improvement or a fair share contribution.
B.
If a developer is required by the Planning Board or elects
on his own to construct an off-tract improvement, he shall be entitled to
reimbursement for the actual cost of the improvement, less the cost of his
own pro rata share. Nothing in this chapter, however, shall require the Township
to fund this reimbursement from its own general funds. Reimbursement shall
be made as funds are received in the account from other developers. If the
Planning Board determines that an off-tract improvement is not required to
be immediately constructed as a result of a particular development, then the
developer shall be required to submit his fair share contribution to be calculated
as defined in this chapter.
C.
Nothing in this chapter shall be construed to require
the Township to construct any improvement within any specified time. If the
Township elects to construct an off-tract improvement, the Township shall
withdraw from the Off-Tract Improvement Fund the amount necessary for design,
right-of-way acquisition, construction and inspection of the facility.
D.
If a balance remains in any specific improvement account
subsequent to the completion of the improvement, any developer who has contributed
to the fund for that specific improvement shall be entitled, provided that
a petition is made within one year of the completion of the project, to a
refund in an amount equal to such developer's pro rata share of the remaining
balance. Any funds which are not refunded shall be transferred to the remaining
accounts within the applicable Off-Tract Improvement Fund and shall be thereinafter
non refundable.
E.
Whenever an Off-Tract Improvement Fund has been established
in accordance with the foregoing and a six-year Capital Improvements Projects
Program (CIPP) has been adopted by the Township Council pursuant to N.J.S.A.
40:55D-30, it shall be required that the Township Council annually review
its CIPP and identify any projects to be implemented within a twelve-year
period of such review and those projects to be deleted from the CIPP. All
funds for projects deleted from the CIPP and those projects not projected
for commencement within 12 years of the date of such review shall be promptly
returned to the contributor(s) thereof. All other funds shall be retained
for future CIPP expenditure.
