This section 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 reviewing board may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary off-tract improvements directly related to the development. These costs may include the acquisition of land and/or easements for, and construction of, improvements to traffic and pedestrian circulation, water, sewage and drainage facilities, and shade trees that are located off-tract of the property limits of the subdivision or development. This contribution is required because the improvements are necessitated or required directly by the development. In addition, a development may be liable for its share of the cost of the impact of the development to township and/or regional capital improvements provided that the cost shall not duplicate off-tract improvements for which the applicant is primarily responsible. The reviewing board shall provide in its resolution of approval the basis of the required improvements.
(A) Calculations of proportionate costs.
(1) Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval, to provide and install such improvements. In such case where the reviewing board determines that the full improvement is required to service this development, the applicant shall fully install the entire improvements at his expense with no reimbursement.
(2) Proportionate allocation.
(a) Where it is determined that some properties outside the development will also be benefited by the off-tract improvements, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the applicant.
(b) Allocation formula.
1. Traffic and circulation. 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 municipal engineer, traffic engineer or planner shall provide the applicant with the existing and reasonably anticipated future peak hour traffic for the off-tract improvement;
B. i. 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 traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Total cost of enlargement or improvement | = | Capacity of enlargement or improvement (peak-hour traffic) |
Applicant's Cost | Development peak-hour traffic to be accommodated by the enlargement or improvement |
ii. The calculations shall be based where applicable upon the data included in the 2005 Transportation Element of the Master Plan.
2. Drainage improvements. The applicant's proportionate share of storm water and drainage improvements including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip-rap, 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 storm water runoff shall be based on the standards specified in Title 15, computed by the applicant's engineer and approved by the municipal engineer.
B. i. The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the applicant's tributary to the drainage system shall be determined by the applicant's engineer subject to approval of the municipal engineer. The plans for the improved system shall be prepared by the applicant's engineer and the estimated cost of the enlarged system calculated by the municipal engineer. The prorated share for the proposed improvement shall be computed as follows:
Total cost of enlargement or improvement | = | Capacity of enlargement or improvement (total capacity expressed in cubic feet per second) |
Applicant's Cost | Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement of improvement |
ii. The calculations shall be based where applicable upon the data included in the Stormwater Management Element of the Master Plan.
3. Other improvements, other criteria. The reviewing board may also use any reasonable criteria to determine the proportionate share of such improvements as it feels are necessary to protect the health, safety and general welfare of the township.
(B) Future funds. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in a separate interest-bearing account to the credit of the Township of Voorhees until such time as the improvement is constructed. If the off-tract improvement is not begun within ten years of deposit, all monies and interest shall be returned to the applicant.
(C) Assessment of property. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements, based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the township pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit previously deposited, and then only to the extent of the deficiency.
(D) Credit for work performed. In the event that the applicant, with the township's consent, decides to install and construct the off-tract improvements or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the township in the same manner as if the applicant had deposited its proportionate cost with the township, as provided herein.
(E) Installation of improvements by applicant.
(1) At the discretion and option of the township and with the consent of the applicant, the township may enter into a contract with the applicant providing for the installation and construction of off-tract improvements by the applicant upon contribution by the township of the remaining unallocated portion of the cost of the off-tract improvement.
(2) In the event that the township so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
(F) Compliance with design criteria. Should the applicant and the township enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, the applicant shall observe all requirements and principals of Title 15 in the design of such improvements.
(Ord. 945-99, passed 9-13-99; Am. Ord. 85-06, passed 4-24-06)