[Added by Ord. No. 946]
This article shall be known and may be cited
as the "Off-Tract Improvement Ordinance of the Borough of Dumont."
[Added by Ord. No. 946]
The purpose of this article shall be to provide
rules, regulations and standards for the installation of off-tract
improvements in the Borough of Dumont in order to promote the public
health, safety, convenience and general welfare of the municipality.
[Added by Ord. No. 946]
The words and phrases used hereafter in this
article shall be deemed to have the same meanings as set forth in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and any subsequent
amendments or supplements thereto.
[Amended by Ord. No. 867; Ord. No. 946]
A.
An off-tract improvement shall be required where either
the existing facilities serving the area or subarea are already operating
at a deficient level of service, or the inclusion of the new development
will make such present level of service deficient according to engineering
standards utilized in determining such levels of service.
B.
Prior to the granting of final subdivision or site
plan approval by the approving authority, the subdivider or on-site
applicant shall have installed or shall have furnished a performance
guaranty as herein provided for the ultimate installation of the following:
C.
All improvements shall be subject to inspection and
approval by the Borough Engineer who shall be notified at least 48
hours prior to the time the inspection will be required of embankments,
drainage facilities, waterlines, sewers, pavements, sidewalks or curbs.
No underground installation shall be covered until inspected and approved
by the Borough Engineer. The Borough Engineer shall file a written
report of his findings and the date of his inspection with the approving
authority of the Borough of Dumont.
D.
The design requirements for off-tract work shall be
as set forth by the Borough Engineer upon the furnishing of a complete
detailed engineering study of each of the affected properties. The
developer, upon application to the Joint Land Use Board of the Borough,
shall deposit with the Borough an engineering escrow account, the
amount of which will be set by the Borough Engineer and subject to
the approval of the Joint Land Use Board. The developer will be responsible
for the entire cost of the detailed engineering study as set forth
herein.
[Added by Ord. No. 946]
A.
The subdivider or site plan applicant shall provide,
at its own expense, for the ultimate installation of all off-tract
improvements required by the approving authority, provided that such
off-tract improvements:
B.
The subdivider or site plan applicant shall provide
for payment of its proportionate share, allocated in accordance with
the provisions herein, of the cost of the ultimate installation of
all off-tract improvements required by the approving authority if
such off-site improvements:
C.
The pro rata formula for determining the applicant's
share for off-tract improvements shall be as follows:
(1)
Where an off-tract improvement is required, in order
to determine the proportionate share of such improvement to the applicant,
the approving authority shall apply the projected construction costs
at the anticipated time of construction, not to exceed 18 months,
to a comparison of the increase in value of off-site properties by
the off-tract improvement as compared to the increase in value of
the proposed development; and
(2)
In determining the pro rata amount of any required
off-tract improvement to be borne by the applicant, the approving
authority shall also determine the pro rata amount to be borne by
other owners of lands which will be benefited by the proposed off-tract
improvements. Such determination shall be made in writing and shall
specify the off-tract improvements which are necessary and the terms
and conditions which shall be imposed upon the applicant to ensure
completion of same.
D.
Determination of costs to applicant. Where a cash
contribution or other financial distribution is determined, the following
criteria shall be considered:
(1)
Street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elswhere, the construction of new streets and other similiar
street or traffic improvements. The applicant's share of the total
off-tract improvements cost shall be the proportionate amount determined
by the ratio of the increase in the peak-hour traffic expected to
be generated by development of the property or properties, plus any
present deficiency in the peak-hour capacity upon which the improvement
is based. Peak-hour demands and capacities shall be measured in vehicles
per hour. The ratio thus calculated shall be increased by 10% for
contingencies.
(2)
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 cost shall be the entire cost for extension,
relocation, replacement or reinforcement of any and all facilities
required to provide for the proper water service and fire protection
to the proposed development.
(3)
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 share of the total off-tract
improvements cost shall be the proportionate amount determined by
the ratio of the increase in the peak flow capacity of the existing
system or subsystem, divided by the total estimated increase in the
peak flow capacity of the existing system or subsystem, divided by
the total estimated increase in the peak flow capacity upon which
the improvement is based. Peak flows and capacities shall be measured
in gallons per minute. The ratio thus calculated shall be increased
by 10% for contingencies.
(4)
Stormwater and drainage improvements, including the
installation, relocation or replacement of transmission lines, culverts,
catch basins and the installation, relocation or replacement of other
appurtenances associated therewith. The applicant's share of the total
off-tract improvements cost shall be the proportionate amount determined
by the ratio of the increase in peak surface runoff, plus any present
deficiency in the peak runoff capacity of the system or subsystem,
divided by the increase in the peak capacity of the system or subsystem
upon which the improvement is based. Runoff flows and capacities shall
be measured in cubic feet per second. The ratio thus calculated shall
be increased by 10% for contingencies.
(5)
Such further criteria, including but not limited to
the increase in market values of the property affected and any other
benefits conferred, the needs created by the application, population
and land use projections for the general areas to be served by the
off-site improvements, the estimated time of construction of the off-site
improvements and the condition and periods of usefulness, which periods
may be based upon the criteria of N.J.S.A. 40A:2-22.
[Added by Ord. No. 946]
A.
In determining the allocation of costs for off-tract
improvements as between the subdivider or site plan applicant, other
property owners, and the Borough, the Joint Land Use Board shall be
guided by the following factors:
(1)
The total estimated cost of off-tract improvements.
(2)
The increase in market values of the properties affected
and any other benefits conferred.
(3)
The needs covered by the application.
(4)
Population and land use projections for the land within
the general areas of the subdivision or site plan and other areas
to be served by the off-tract improvements.
(5)
The estimated time for construction of the off-tract
improvements.
(6)
The condition and periods of usefulness of the improvements
which may be based upon the criteria of N.J.S.A. 40A:2-22.
B.
Without limiting the generality of the foregoing,
the Joint Land Use Board may take into account the following specific
factors:
(1)
With respect to street, curb, gutter, sidewalk, shade
trees, streetlights, street signs and traffic light improvements,
the Board may consider:
(2)
With respect to drainage facilities, the Board may
consider:
(a)
The relationship between the area of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
(b)
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
(c)
The use, condition or status of the remaining
land areas in the drainage basin.
(3)
With respect to water, gas and electric supply and
distribution facilities, the Board may consider the use requirements
of the use proposed by the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
(4)
With regard to sewerage facilities, the Board may
consider:
(a)
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvements.
(b)
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
[Amended by Ord. No. 867; Ord. No. 946]
A.
In the event that the approving authority determines
that off-tract improvements are required in connection with any subdivision
or site plan application, the approving authority shall report to
the Mayor and Council of the Borough of Dumont the following:
(1)
The location, character and extent of the required
improvement.
(2)
The estimated cost of such improvement.
(4)
The terms and conditions which shall be imposed upon
the applicant to ensure the successful and reasonable implementation
of the improvements.
(5)
The possible methods or means to implement the off-tract
improvement, including but not limited to performance and maintenance
guaranties, cash contributions, development agreements and other forms
of surety.
B.
Action by an approving authority relating to off-tract
improvements shall be deferred until the governing body has had the
opportunity to review the recommendations of the approving authority
and has made a determination as to whether the municipality will accept
any obligations concerning such off-tract improvement. The municipality
shall not be responsible to construct, install or provide off-tract
improvements to accommodate the development of an applicant's lands.
C.
When an applicant pays the amount determined as its
pro rata share of the cost of an off-tract improvement under protest,
the applicant shall institute legal action within one year of such
payment in order to preserve the right of judicial determination as
to the fairness and reasonableness of such pro rata share. No building
permit shall be issued until the expiration of said one-year period
or until such time as the applicant has waived the right to seek such
judicial determination under the provisions of this article.
D.
The approving authority shall not grant final approval
on the application until an agreement has been reached between the
applicant and the Mayor and Council of the Borough of Dumont specifying:
E.
Where development agreement is required governing
off-tract improvements or other conditions as may be required by this
article, or by the approving authority, said agreement shall be approved
as to form, sufficiency and execution by the approving authority's
attorney and the Borough Attorney. Said agreement shall specify the
amount of cash contributions, if any, the method of payment of same,
the relative timing of such payment and the obligation or obligations
to be undertaken by the Borough of Dumont.
A.
No subdivision or site plan application shall be approved
by the approving authority until the applicant shall:
B.
The performance guaranty shall be in the Borough's
prescribed form of performance bond and shall be approved by the Borough
Attorney as to form, sufficiency and execution. The performance guaranty
shall run for a period of time to be fixed by the approving authority,
which period may be extended by resolution of the Mayor and Council.
[Added by Ord. No. 946]
A.
Where a cash contribution is required as heretofore
set forth, the contribution shall be deposited with the Municipal
Treasurer and proof of deposit filed with the approving authority,
governing body, and Borough Engineer.
B.
All such contributions received by the Municipal Treasurer
shall be deposited into an escrow account for the purpose of specific
off-tract improvements. In the event that such improvements are not
initiated or provided for within a period of 10 years from the date
of such contribution, the contribution shall be returned to the applicant
pursuant to the terms of the applicant's agreement with the municipality
or, in the event that there is no such agreement, to the owner or
owners of the lands being subdivided. In the event that the applicant
made a cash contribution and it is later determined that such contribution
should not have been required under the provisions of Paragraph (c),
the contribution shall be returned to the applicant upon such determination.
C.
Conditions not requiring cash contributions. Cash
contributions for off-tract improvements shall not be required under
the following terms or conditions:
(1)
Where other county or state agencies or utility authority
has jurisdiction over the subject improvements and require a cash
contribution, guaranty or other surety by the applicant in lieu of
such contributions imposed by the Borough.
(2)
Where a benefit assessment or other similar tax levy
is imposed upon the applicant and other landowners similarly situated
within a designated service area for the off-tract improvements provided.
(3)
Where the applicant can undertake the improvements
in lieu of the municipality, subject to standards and other conditions
as may be imposed by the Borough.
(4)
Method of payment of cash contributions. Where a cash
contribution is required, said contribution will be deposited with
the Tax Collector of the Borough with transmittal letters forwarded
to the governing body, the Borough Engineer and the approving authority.
[Added by Ord. No. 946]
[Added by Ord. No. 946]
A.
This article is to be read in pari materia with Article VII of this chapter of the Code of the Borough of Dumont.
B.
In interpreting and applying the provisions of this
article, all terms contained herein shall be held to be minimum requirements
for the promotion of the public health, safety, convenience, prosperity
and general welfare of the Borough.
C.
Whenever the requirements of this article are at variance
with the requirements of any other lawfully adopted rules, regulations,
ordinances, deed restrictions or convenants, the most restrictive
or those imposing the higher standard shall govern.
