Where firm capacity is determined, in accordance with NJDEP regulations, with the system's largest well off-line.

5. In all of the above cases, the Applicant shall be charged with the greater of: (i) the Developer's Cost computed in accordance with the applicable formula specified hereinabove, or (ii) the Minimum Pro Rata Share. The Minimum Pro Rata Share is the estimated cost of an improvement designed with the minimum capacity required solely to service the development.

6. In addition to the greater of the Developer's Cost or the Minimum Pro Rata Share computed in accordance with paragraphs 1 through 5 hereinabove, the Applicant shall be charged with a reasonable cost escalation factor to be applied from the time of the determination of the pro-rata share to the time when the off tract improvements are installed.

1. In all cases, developers shall be required to enter into an agreement or agreements with Roxbury Township in regard to off-tract improvements, in accordance with this Ordinance and any other ordinances, policies, rules and regulations of the Township of Roxbury, Morris County and the State of New Jersey and any departments, authorities or agencies thereof.

2. Where properties outside the subject tract will be benefited by the improvements, the Governing Body may require the applicant to escrow sufficient funds, in accordance with the section Off Tract Accounts, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

3. Where properties outside the subject tract will benefit by the improvements, the Governing Body may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Governing Body shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Governing Body may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

4. If the Governing Body shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Governing Body may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvements as the same may be determined by the Board of Improvement Assessors.

5. If the Governing Body shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this Ordinance and any other rules, regulations or policies of the Township of Roxbury, County of Morris and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Governing Body and the applicant.

6. In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Governing Body shall be guided by the following standards and considerations: a) The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development. b) The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed. c) The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or sub-regional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located. d) The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.

In the event that a minor or major subdivision or site plan adjoins or includes existing township streets that do not conform to widths as shown on either the master plan or official map or the street width requirements of this chapter, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be provided. The additional widening shall be provided to the township for the location, installations, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Roxbury permitting the township to enter upon these lands for the purposes provided for and expressed in the Land Subdivision

Ordinance of the Township of Roxbury." This statement on an approved plat shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in tire area dedicated by ordinance, and/or as he plat and/or as provided for by any maintenance of performance guarantees. If the subdivision or site plan is along one side only, one-half of the required extra width measured from the center line of the roadway shall be dedicated and that portion of the existing street or road adjoining or included within a subdivision or site plan shall be improved, including excavation, grading gravel base, drainage facility and surfacing, in accordance with the road improvement standards of this chapter.

Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited in cash with Roxbury Township, which shall hold said funds in a separate interest-bearing account until such time as the improvement is constructed.

**Webmasters Note: The previous section 13-4.801 has been amended as per Ord. No. 6-02.

As a general policy, the Township of Roxbury may accept dedication of open space, wetlands and/or detention basins from Developers of property within the Township of Roxbury upon application of the Developer and upon a review and report by the Township Planning Board, the Township Environmental Commission and Township Open Space Committee. The benefit to the public health and welfare (including the potential benefit of adding to contiguous pre-existing township open space or recreation areas) should be weighed against the detriment of undertaking property ownership at public expense and the potential liability to the community derived from ownership of property. Where it is determined that the dedication and acceptance of open space, wetland areas and/or drainage basins and the undertaking of public responsibility for the ownership and maintenance of these areas is not in the best interest of the public health, safety and welfare in the community, then such open space, wetland areas and/or detention basins should, insofar as practicable, become part of contiguous lots within the development and should be burdened by appropriate conservation easements to prevent construction of structures or destruction of wetlands or other open space areas; or, alternatively, such property, while still burdened by conservation easements to prevent construction of structures or destruction of wetlands or other open space areas, may be the subject of a declaration of covenants and restrictions to be monitored and managed by homeowners associations provided, however, that such property management is a burden for tax purposes on the individual lots within the development in a manner to be approved by the Township.

Whenever the Township has determined to accept a dedication of a drainage basin or improvement, the Developer shall pay to the Township a sum of money designed to pay for the maintenance of such drainage facilities for the foreseeable future. The cost of the payment shall be determined as follows:

1. The Township shall determine the Township's cost per hour of labor including benefits for the lowest paid Department of Public Works Laborer (the labor costs).

2. The Township shall determine the Township's cost of mowing the detention area once per month for six months based upon the lowest responsible bid of three solicited bids from private landscape contractors selected by the Township or if three solicited bids cannot be obtained by as many solicited bids as can be obtained up to three (the landscape costs). .

3. The Township shall determine the Township's cost of cleaning out debris and silt from the detention basin assuming three hours of labor at the Township labor cost and three hours usage of the manned Vac Haul at $150.00 per hour. This total figure shall be divided by three because this operation is designed to occur only once every three years (silt removal cost).

4. The Township shall determine the cost of sidewalk snow removal (if there are any sidewalks in the development that are within the dedicated drainage facilities area) by utilizing six hours of labor costs per year per 200 feet of sidewalk. The "six hours" is determined by assuming one hour to shovel a 200-foot sidewalk and an average of three storms accumulating three to six inches; one and a half hours to shovel a 200-foot sidewalk and two storms in which more than six inches accumulate for a total of six hours labor cost.

5. Determine the Developer payment by calculating the amount necessary to generate sufficient interest at 6% per year to annually pay for the annual total sum of the landscape cost, the silt removal cost and the snow removal cost by dividing the total of these costs by .06. Round this figure to the nearest $100, $50 or more being rounded up:

For example, assume the Township's labor cost is $41 per hour; the lowest responsible private landscape contractor bids $900 per year to cut the grass in the detention basin once per month for six months; three hours of labor at the Township labor rate of $41 ($123) plus $450 for three hours of manned Vac Haui for silt removal divided by three for a total of $191 annual cost; and a 200-foot sidewalk at six hours times $41 labor cost for a snow removal cost of $246 per year. The total cost would, therefore, equal $900 for landscaping; $191 for one-third the cost of silt removal which occurs once every three years; $246 for snow removal for a grand total of $1,337 per year in total maintenance cost at 6% interest divided $1,337 by .06 and arrive at a contribution amount of $22,283. Round this to the nearest hundred dollars or $22,300