A developer, as a condition of approval of an application for development, may be required to pay impact fees or a pro rata share of the cost of providing only reasonable and necessary street improvements, water facilities. sewage facilities. drainage facilities, and casements therefor located outside the property limits of the development but reasonably related to construction or improvements within the development as set forth herein
a Improvements to be constructed at the sole expense of the developer In cases where an off-tract improvement or improvements are reasonably related to construction or Improvements within the development and where no other property owners receive a special benefit thereby, planning board or zoning board of adjustment hereinafter referred to as the reviewing municipal board, shall require the developer, as a condition of approval. at the developer's sole expense. to provide for and construct such improvements as If such were on tract improvements in the manner provided hereafter and as otherwise provided by law
b Contributions by developer toward required off-tract improvements
1 In cases where an off-tract improvement or improvements are reasonably related to construction or improvements within the development and where the reviewing municipal board determines that properties outside the development will also be benefited by the improvements. such determination shall be made by the reviewing municipal board, in writing Such resolution or determination of the board shall specify the off-tract improvement or improvements which are reasonably related to construction or improvements within the development and the terms and conditions which shall be imposed upon the developer to ensure the successful and reasonable implementation of the same General criteria to be considered by the reviewing municipal board include the total cost of the off-tract improvement, the benefits conferred and the needs created by the development, the benefit of the improvement to the development and the general area of the development and the area served by the improvement. the population and land use projections for the general area of the developer's property and other areas to be served by the Off-tract improvement. the estimated time for construction and the condition and periods of usefulness Of the Improvement. which periods may be based in part upon the criteria of N J RS 40A-2-22 In addition, the need to protect the health, safety and general welfare of the township and the area should be considered as well as the township development ordinances and master plan The board may seek the assistance of the board attorney, engineer and other consultants qualified experts or township officials
2 In the event that the reviewing municipal board determines that one or more Improvements constitute off-tract improvements. the board shall notify the township committee, specifying the board's recommendation relative to the estimated cost of the same, the developer's prorated share of the cost and possible methods or means to implemented the same. including but not limited to performance and maintenance guaranties, cash contributions, development agreements, construction by the developer or construction by the township
3 The reviewing board shall not grant final approval on the development until all aspects of such conditions have been mutually agreed upon by both the developer and the township committee and a written resolution to that effect by the township committee has been transmitted to the reviewing municipal board
c Methods of construction When the recommendation of the reviewing municipal board is received by the township committee together with estimates of the cost of construction, the township committee shall then decide whether the off-tract Improvement is to be constructed by the township as a general Improvement, by the township as a local Improvement, by the applicant solely. or by the applicant under a formula providing for partial reimbursement by the township for benefits to properties other than the development
d Methods of implementation
1. Performance and maintenance guaranties The reviewing municipal board may require a performance guarantee and/or maintenance guarantee to insure the construction of an off-tract Improvement as a condition of approval of the development,
2. Developer's agreement The reviewing municipal board may require as a condition of approval a developer's agreement to be entered into between the applicant and the township committee governing the installation of improvements within and outside of the development, including off-tract improvements Said agreement shall be approved as to form by the re. viewing municipal board. board attorney and board engineer The agreement shall specify the manner of construction of the improvements, the amount of cash contributions and amount and form of performance and maintenance guaranties, the tuning of the installation and payment of contributions and the posting of performance guaranties and maintenance guaranties and other appropriate obligations of the parties
3 Cash contributions
(a) Cash contributions, method of payment Where a cash contribution is required by this section, such contribution shall be deposited with the treasurer of the township with a copy of the applicant's transmittal letter forwarded to the township committee. the township engineer and the planning board
Any and all monies received by the treasurer shall be deposited in an escrow account except for de. posits relating to roads. streets and circulation Improvements which are covered in paragraph 3 (b) below
Any and all monies received by the treasurer shall be deposited In an escrow account for the purpose of undertaking the Improvement specified When the township has received funds from a developer for the purpose of providing facilities, the township shall deposit those funds in an interest bearing bank account until used. If the township has not expended those funds in eight years after collection, the funds shall be returned to the developer, upon application of the developer for the return of the funds, with interest at the rate of five percent per year.
4. Cash contributions when not required. Cash contributions for off tract improvements shall not be required under the following conditions.
(a) Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the township.
(b) Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-tract improvement provided.
(c) Where the applicant, where permitted by the reviewing municipal board, undertakes the improvement in lieu of the township, subject to standards and other conditions as may be imposed by the board and township committee.
5. Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(a) Transportation district and road trust fund.
(1) Purpose. This section is intended to insure a pro rata share allocation of the cost for off-tract improvements necessitated by new development and to achieve the following purposes.
[a] Insure a fair and equitable pro rata share allocation of the cost for off-tract improvements necessitated by new development within the township;
[b] To encourage safe and efficient traffic flow along the roadway system serving the Township;
[c] To maintain satisfactory levels of traffic service throughout the township during the peak travel times;
[d] To assess future development its fair share of the cost of reasonable and necessary off tract improvements;
[e] To raise revenue that will be managed and expended in such a manner and time that the development paying the fee will receive a benefit from the improved roads and related facilities;
[f] To encourage development that is compatible with and carries out the land use and circulation plan objectives of Wantage Township and other regional and state planning incentives that match Wantage Township's goals and objectives;
[g] To accomplish objectives through thoughtful and cooperative planning between all levels of government and the private sector for the benefit of all residents and businesses in Wantage Township; and
[h] To provide for off-tract improvements that will insure continued protection of the natural environment of Wantage Township and minimize, to the extent reasonably practical, any adverse impact to the public health, safety, general welfare and environment.
(2) Subdivisions/Guidelines. As a condition of any subdivision, the approving land use agency (planning board or zoning board) may require an applicant to pay a pro rata share of the costs in providing reasonable and necessary traffic related improvements including land and easements located off-tract of the property of the subdivision or development when necessitated or required by the development. These necessary improvements are those clearly, directly and substantially related to the development in question. The approving land use agency shall provide in its resolution of approval the basis for the required improvements. The capacity and design of the proposed improvements shall be based upon the circulation plan element of the adopted master plan. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based upon the following criteria in paragraph (3) below.
**Webmasters Note: Subsection [a] has been deleted as per as per Ordinance No. 2005-19.
[b] Development applications made by a municipal agency for the construction of a public building shall be exempt from the requirements of the payment of an off-tract improvement fee as set forth in this paragraph d, 5(a), provided that the governing body of the township reaches a finding that the proposed facility will serve a public purpose and promote the public health, safety and general welfare. The traffic impact, if any, of such a public building shall be considered as part of the general sector share of cost of infrastructure improvements.
(3) Cost Allocation.
[a] Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owners receive special benefit of the improvement. the applicant may be required, at applicant's sole expense and as a condition of approval, to provide and install such improvements.
[b] Proportionate allocation.
[1] Where it is determined that properties outside the development will also be benefited by the off-tract improvements, the following criteria shall be used in determining the proportionate share of the costs of such improvements to the developer.
[2] Allocation formula:
(i) Roadways. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new improved traffic signalization signs, curbs, sidewalks, trees and utilities, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows in paragraph d, 5(a)(3)[a][3].
(ii) Drainage. (Reserved)
[3] Assessment of allocation. Before apportioning the cost of off tract improvements to an applicant, the appropriate land use board shall notify and afford the applicant an opportunity to be heard thereon at a public meeting. If the applicant shall deem that any of the amounts so estimated by the appropriate land use board are unreasonable, the applicant may challenge the estimate and seek to have it revised in appropriate proceedings before that board as part of the applicant.
[4] Credit for work performed. In the event the applicant proposes to install and construct an off-tract improvement which would immediately improve the safety of vehicular traffic, provided the township engineer concurs with the proposed construction rather than a monetary contribution, that improvement shall be treated as a credit against any future assessment for that particular off-tract improvement.
(4) Traffic districts and traffic rings.
[a] Traffic development districts. The township is divided into three traffic development districts (TD#1, TD#2 and TD#3) which are attached as schedule "A" and "A1". Any interpretations as to the map shall be made by the township engineer based on a full sized map entitled, '"traffic Development Districts, dated Nov. 20, 1998", prepared by Harold E. Pellow & Associates, as may be amended from time to time which is on file with the township clerk.
[b] Traffic rings. There are three traffic development rings or districts, each containing subdistricts for a total of seven areas designated as parcels A-G as shown on Schedules A and A-1. Each ring or area is based upon the planning assumption that development within each ring or area will benefit from the corresponding transportation district.
[c] Based upon the TD and ring designation, the pro rata share shall be as shown on schedule "Al".'
(5) As a condition of subdivision approval and prior to the chairman and secretary of the Land Use Board signing the plat, the applicant shall make payments as determined under this paragraph d.5(a) for the proposed off-tract improvements to be undertaken at some future date. The monies required for the improvements shall be deposited in an interest bearing account to the credit of the township designated as the road trust fund account until such time as the improvement is constructed. Payments under this paragraph d.5(a) shall be in lieu of any other off-tract road or circulation plan improvements which otherwise might have been imposed. In the event an applicant subsequently challenges the amount and need of such contribution, then the final approvals which were the basis for the contribution are voided requiring a remand to the Land Use Board for further action.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2005-
19.
(b) Water distribution facilities. 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 proportionate cost shall be in the ratio of the estimated daily use of water from the property and properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.
(c) Sanitary sewage distribution facilities. 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 proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak-flow period for the proposed development may occur during the peak-flow period for the existing system, the ratio shall be the estimated peak-flow rate from the proposed development in gallons per minutes to the sum of the present peak-flow deficiency in the existing system or subsystem and the estimated peakflow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by ten percent for contingencies and shall be the ratio used to determine the cost to the applicant.
(d) Stormwater and drainage improvements. Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten percent for contingencies. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the planning board.
(e) Watercourses. Where a development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction as both will be adequate for the purpose of the township or other entity as designated by the reviewing municipal board.
(f) General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract improvement which shall be borne by the developer, the reviewing municipal board shall also determine the pro rata share of the cost to be borne by other owners of lands which will be benefited by the proposed improvements, if any.
d. Severability. In the event that one section or portion of the within section is declared invalid for any reason, the remaining sections or portions of the section shall remain valid and in full force and effect.
e. The section shall be administered and enforced in a manner consistent with the State Highway Management Act, N.J.S.A. 27:7-100 et seq., and the State Highway Access Management Code about to be adopted by the State of New Jersey.
SCHEDULE "A
(Section 15-6a,5)
**Webmasters Note: The previous subsections, d.3. through Schedule A, have been amended as per Supplement No. 15.
