This article is intended to ensure a pro rata
share allocation of the costs for off-tract improvements necessitated
by new development.
As a condition of final subdivision or site
plan approval, the municipal agency may require an applicant to pay
his/her pro rata share of the cost of providing reasonable and necessary
circulation improvements and drainage facilities, including land and
easements, located off-tract of the property limits of the subdivision
or development but necessitated or required by the development. "Necessary"
improvements are those clearly, directly, and substantially related
to the development in question. The board shall provide in its resolution
of approval the basis of the required improvements. The improvements
cost shall include all design, legal, and other related expenses.
The proportionate or pro rata amount of the cost of such facilities
within a related or common area shall be based on the following criteria.
Nothing contained herein shall be construed
to prevent the municipal agency and the developer from agreeing to
use a different method to allocate cost.
The applicant's proportionate share of street
improvements, alignment, channelization, barriers, new or improved
traffic signalization, signs, curbs, sidewalks, trees, utility improvements
uncovered elsewhere, the construction or reconstruction of new or
existing streets, and other associated street or traffic improvements
shall be as follows:
A. The Township Engineer or Planner shall provide the
applicant with the existing and reasonably anticipated future peak
hour flows for the off-tract improvements.
B. The applicant shall furnish a plan for the proposed
off-tract improvement which shall include the estimated peak-hour
traffic generated by the proposed development and the proportion thereof
which is to be accommodated by the proposed off-tract improvement.
The ratio of the peak-hour traffic generated by the proposed development
which is to be accommodated by the off-tract improvement to the future
additional peak-hour anticipated to impact the proposed off-tract
improvement shall form the basis of the proportionate share.
The applicant's proportionate share of stormwater
and drainage improvements including the installation, relocation and
replacement of storm drains, culverts, catch basins, manholes, riprap,
improved drainage ditches and appurtenances thereto, and relocation
or replacement of other storm drainage facilities or appurtenances
associated therewith, shall be determined as follows:
A. The capacity and the design of the drainage system
to accommodate stormwater runoff shall be based on the standards specified
in this chapter, computed by the developer's engineer and approved
by the Township Engineer.
B. The capacity of the enlarged, extended, or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer subject to approval of the Township Engineer. The plans for
the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Township
Engineer.