[Added 7-22-1985 by Ord. No. 0-85-16; amended 8-10-1987 by Ord. No. 0-87-18]
The following Transportation Improvement District
Plan is hereby established, based upon the circulation element of
the Township's Master Plan:
A. Transportation Improvement District established. The
Transportation Improvement District (TID) is the area shown and delineated
on the map entitled "Circulation Plan," dated January 1979, revised
June 24, 1985, attached hereto and made a part hereof, which area contains properties currently known and designated
as "Lots 3.02, 3.03, 3.04 and 1.51 in Block 3," "Lots 1, 2, 3, 4 and
5 in Block 4," "Lots 6, 7, 8 and 9 in Block 2" and "Lot 65 in Block
5," on the Plainsboro Township Tax Map (1986).
B. Adjusted impact fee rate. The nature of the improvement covered by this §
85-46.1 (TID improvement) and the pro rata share of the cost of such improvement that shall be borne by each developer (as defined in §
85-4) with respect to development within the TID is set forth in a subplan of the Circulation Element of the Township's Master Plan entitled "Traffic Improvement District Plan" (TID Plan). The TID improvement covered by the TID Plan is a grade separation of the intersection of College Road and United States Route 1 in Plainsboro, New Jersey. The adjusted impact fee rate shall, in accordance with the TID Plan, be as follows: $3.48 per square foot of gross floor area as defined in §
101-1 of nonresidential development (basic impact fee rate), increased or decreased, as the case may be, by the cost estimate factor set forth in Subsection
B(1) below and the price index factor set forth in Subsection
B(2) below.
(1) Cost estimate factor. The basic impact fee rate shall
be increased by $0.0232 per square foot of nonresidential increase
development, for every $100,000 of the estimated cost of the TID improvement
(exclusive of land costs and based on the preliminary, or if then
available, final design thereof) in excess of $15,000,000. The basic
impact fee rate shall be decreased by $0.0232 per square foot of nonresidential
development, for every $100,000 of estimated cost of the TID improvement
(exclusive of land costs and based on the preliminary, or if then
available, final design thereof) below $15,000,000.
(2) Price index factor. The basic impact fee rate, after adjustment (if any) made pursuant to Subsection
B(1) above to take into account the cost estimate factor, shall be adjusted by use of the Index, as defined below, by multiplying such basic impact fee rate by a fraction, the numerator of which is the index on the date of the determination of the total impact fee pursuant to §
85-46.1C, and the denominator of which is the index for 1986 (or if the cost estimate factor has been utilized, the year in which it was last utilized). As used herein, the "Index" means the Construction Cost Index (1967 base year) as published by McGraw Hill Publishers in the then most recent issue of Engineering News Record and shall be the average of the Philadelphia area and the New York Metropolitan area, or if such periodical is no longer published, as published in another publication of similar reputation and reliability. If, as of any relevant date, the Index is no longer published or issued, the Federal Highway Administration's bid price index or such other index as accurately reflects the effects of general economic conditions and influences upon the cost of constructing road improvements in New Jersey shall be used and employed in the place and stead thereof.
C. Total impact fee. The total impact fee shall be the product of the Adjusted Impact Fee Rate multiplied by the number of square feet of gross floor area as defined in §
101-1 included in the development for which preliminary site plan approval has been received, reduced by the estimated amount of any improvements which the developer is required to make to the intersection of College Road and United States Route 1, except that there shall be no reduction for reasonable at grade improvements proposed by the developer and approved by the Planning Board, designed only to accommodate traffic at that intersection on a temporary, short-term basis until the TID improvement can be constructed. The total impact fee shall be determined by the Township Committee as of the time and as a part of the developer's agreement referred to in §
85-46.1G(2).
D. Payment of total impact fee. Except as otherwise provided in §
85-46.1E(4), payment of the total impact fee shall be made as follows:
(1) Full payment. The developer may pay to the Township
its total impact fee upon obtaining its initial building permit for
the development for which preliminary site plan approval has been
received, or
(2) Installments. The developer may pay to the Township
the total impact fee in accordance with the following schedule:
(a)
Ten percent of the total impact fee at the issuance
of the initial building permit; and
(b)
Ninety percent of the total impact fee at the
issuance of certificate of occupancy for 60% or more of the square
footage of the development.
(c)
Prior to payment of the balance of the Total Impact Fee, as provided in Subsection
D(2)(b) above, such balance shall be readjusted, by use of the Index, by multiplying such balance by a fraction, the numerator of which is the Index on the date of the issuance of the certificate of occupancy for 60% or more of the square footage of the development and the denominator of which is the Index for the year in which the relevant developer's agreement was executed.
(3) Phased development. If the development is to be constructed in phases for which a separate application for final site plan approval for each phase is to be submitted, the developer may elect to have the provisions of Subsection
D(1) and
(2) above applied separately to each phase of the development. In such event, the total impact fee shall be allocated among the phases of the development as the square footage of each phase bears to the total square footage of all phases of the development (allocated impact fee). The allocated impact fee for each phase shall be readjusted at the time of the first payment thereof to reflect any changes in the adjusted impact fee rate based on the cost estimate factor and/or the price index factor since the date on which the total impact fee was initially determined.
(4) Effect of payment. Upon receipt by the Township of
the developer's total impact fee, the developer's responsibility to
contribute funds to the Township for TID improvement shall be deemed
satisfied.
E. Form of payment and maintenance thereof.
(1) Payment. Except as provided in Subsection
E(4) below, the total impact fee shall be paid, in accordance with §
85-46.1D, in cash or certified or bank cashier's check to the Township Treasurer.
(2) Separate escrow account. All payments of the total impact fee shall be maintained in a separate interest-bearing account credited to the Township. The amounts escrowed shall be returned to the developer if they are not expended or obligated for use, as set forth in §
85-46.1F, by the tenth anniversary date of the receipt of such payment by the Township, together with interest thereon from the date of such payment. If the TID improvement is completed earlier than such tenth anniversary date, then the unexpended escrowed amounts shall be returned to the developer at such earlier date, together with interest thereon from the date of their payment.
(3) Statement of account. Upon request, the developer
shall be given a statement as to the status of the amounts paid by
him.
(4) Contribution in kind. In the event a developer (including, for this purpose, a partner of a developer) enters into an agreement with the State of New Jersey, acting through its Department of Transportation (NJDOT) providing for the design and construction of the TID improvement (NJDOT) agreement), then completion of the TID improvement in accordance with the NJDOT agreement through private construction contracts shall be deemed a contribution in kind in full satisfaction of all obligations of all developers under this §
85-46.1, except to the extent that the other developers shall not have reimbursed fully the developer who entered into the NJDOT agreement for their respective proportionate shares of the design and construction costs of the TID improvement.
F. Use of total impact fee. The Township shall use total
impact fees only for the TID improvement.
G. Total impact fee required.
(1) Preliminary site plan approval. As condition of a preliminary site plan approval of a development within the TID, the municipal agency reviewing the application shall require payment of the developer's total impact fee in accordance with this §
85-46.1.
(2) Final site plan approval. As a condition of final
site plan approval of a development, or phase thereof, within the
TID, the municipal agency reviewing the application shall require
the developer to enter into a developer's agreement with the Township
providing for the payment of the developer's total impact fee in accordance
with this § 85-46-1. Such developer's agreement shall be
in a form approved by the Township Committee. Such agreement shall
either:
(a)
Contain provisions concerning the determination of the developer's total impact fee, the payment an adjustment thereof, the form of payment and maintenance thereof, the use of the total impact fee and such other provisions as may be deemed necessary by the Township Committee, provided that the same shall be consistent with the provisions of this §
85-46.1; or
H. Land dedication required.
(1) Preliminary site plan approval. As a condition preliminary site plan approval of a development within TID, the municipal agency reviewing the application shall require the developer to enter into an agreement with the Township at the time of final approval to dedicate such portion of his property as shall be necessary for the TID improvement. There shall be no reduction in the amount of square footage of development otherwise permitted on the developer's property under Chapter
101 by reason of such land dedication.
(2) Final site plan approval. As a condition of final
site plan approval of a development, or phase thereof, within the
TID, the municipal agency reviewing the application shall require
the developer to enter into an agreement with the Township to dedicate
such portion of his property as shall be necessary for the TID improvement.
Such agreement shall be in a form approved by the Township Committee.
I. Contributions in excess of developer's total impact
fee.
(1) Contributions made in advance of development of developer's own lands. A developer may elect to pay, in cash or in the form of a contribution in kind as provided in §
85-46.1E(4), its total impact fee prior to the development of its property (or portion thereof, within the TID and the time set forth in §
85-46.1D for the payment of its total impact fee, in which event the developer's responsibility to contribute funds to the Township for the TID improvement shall be deemed satisfied as to such property (or portion thereof). The developer (including, for this purpose, a partner of the developer) and Township shall enter into an agreement setting forth the terms and conditions of such contribution, such agreement shall recognize that the developer shall be entitled to construct the total square footage of development upon which its total impact fee was based subject to compliance with applicable site plan and subdivision regulations.
(2) Contributions made in advance of development of other developer's lands. A developer may elect to pay, in cash, or in the form of a contribution in kind as provided in §
85-46.1E(4), the total impact fee attributable to property (or portion thereof) of another developer within the TID, prior to the development of such land and the time set forth in §
85-46.1D for the payment of such total impact fee, in which event the developer who made such payment shall be reimbursed therefor by the Township out of the total impact fee [adjusted in accordance with §
85-46.1B(1) and
(2) to the date of payment] collected from the other developer in the future under this §
85-46.1, unless such other developer shall have theretofore reimbursed fully the developer who made such payment. The developer (including, for this purpose, a partner of the developer) and Township shall enter into an agreement setting forth the terms and conditions of such contribution; such agreement shall recognize that the owner of the property in respect of which such contribution shall have been made shall be entitled to construct the total square footage of development upon which the total impact fee was based subject to compliance with applicable site plan and subdivision regulations.
J. Effect of transportation district on development applications with prior approvals. A developer who has obtained preliminary or final approval with respect to a development located within the TID may choose to be treated, with respect to such development, in accordance with the provisions of its approval resolution or, in the alternative, may choose to be treated in accordance with the provisions of this §
85-46.1.