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Aberdeen Township City Zoning Code

§ 25-9.3

Off-Tract Improvements.

[Ord. No. 10-1987]
a. 
Required Improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements, transportation facilities, and/or water, sewerage and drainage facility improvements, any necessary easements therefor, and any public facility improvements (i.e., public recreation, public buildings, public equipment) and all items necessary to carry out and maintain the Township's public functions located outside the property limits of the subject premises, but indicated in the Township Infrastructure Improvement Plan and necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.
b. 
Improvements to be Constructed at the Expense of the Developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract or improve public facilities and dedicate such lands or facilities to Aberdeen Township or Monmouth County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands or make public facility improvements on conditions it may deem appropriate under the circumstances.
c. 
General Standards for Other Improvements. In cases where the need for any off-tract improvements to be implemented now or in the future is necessitated by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Aberdeen Township, the Township Utility Authority or any department thereof, may be utilized in determining the applicant's proportionate share of such improvements:
1. 
Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers, pump stations, and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(a) 
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Aberdeen Township Utility Authority design standards, including infiltration standards.
(b) 
Developer's pro rata share.
(1) 
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the applicant although some charges including, but not limited to, capacity charges may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Applicant's Cost
Total Enlargement or Improvement Cost
=
Development gpd
Total Projected Tributary gpd
(2) 
If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the applicant shall be computed as follows:
Applicant's Cost
Total Project Cost
=
Development Tributary
Total Tributary gpd to New System
(3) 
The plans for the improved system or the extended system shall be prepared by the applicant's engineer. All work shall be calculated by the applicant and approved by the Township Engineer.
2. 
Water Distribution Systems. For distribution facilities including the installation, relocation or replacement of water distribution pipe systems and the installation, relocation or replacement of other associated appurtenances; the applicant's proportionate share shall be computed as follows:
(a) 
The distribution pipe sizes of the system as well as the capacity of the system shall be determined from the requirements of the National Board of Fire Underwriters and all Township design standards.
(b) 
The applicant's pro rata share shall be:
Applicant's Cost
Total Enlargement or Improvement Cost
=
Development Demand gpm
Total Service Area Demand gpm
(c) 
The plans for the improved system or the extended system shall be prepared by the applicant's engineer and reviewed by the Township Engineer.
3. 
Transportation Facilities. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or transportation improvements, the applicant's proportionate cost shall be determined as follows:
(a) 
The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
(b) 
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development.
The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Applicant's Cost
Total Cost of Roadway Improvement and/or Extension
=
Additional Peak Hour Traffic Generated by the Development
Future Total Peak Hour Traffic
4. 
Drainage Improvements. For the storm water and drainage improvements including the installation, relocation, or replacement of storm drains, culverts, catch basins, manholes, riprap, or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a) 
The capacity and design of the drainage system to accommodate storm water runoff shall be based on a method described in Urban Hydrology for Small Watersheds; Technical Release 55, Soil Conservation Service USDA; January 1975; as amended, and shall be computed by the applicant's engineer and approved by the Township Engineer.
(b) 
The capacity of the enlarged, extended or improved system required for the subdivision or development, and areas outside of the subdivision or development shall be computed by the applicant's engineer and be subject to the approval of the Township Engineer.
The plans for the improved system shall be prepared by the applicant's engineer, and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvements shall be computed as follows:
Applicant's Cost
Total Enlargement or Improvement Cost of Drainage Facilities
=
Development cfs
Total Tributary cfs
5. 
Public Facility Improvements. For all public facilities, but not limited to public recreation, public parking areas, public buildings, municipal equipment, materials and all else necessary to carry out and maintain the municipal public functions, the applicant's proportionate cost shall be determined as follows:
(a) 
The applicant, through their professional, shall provide the Township with the existing and projected population statistics which impact the off-tract areas in question. Existing population statistics shall be obtained from Township or County agencies while the projected population of the development shall be based upon the demographic report by the applicant of the anticipated population. The off-tract area limits, in determining the existing population, shall be provided by the Township to the applicant.
(b) 
The applicant's pro rata share shall be computed as follows:
Applicant's Cost
Total Cost of Public Facility Improvements
=
Additional Population Projected for the Development
Total Population Within Off-Tract Area
d. 
Escrow Accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township in a separate account until such time as the improvement is constructed.
In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement has not begun within ten (10) years of the deposit, all monies and interest shall be returned to the applicant, or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if the Township has taken legal steps to provide for the design and financing of such improvements.
e. 
Referral to Governing Body.
1. 
Where applications for developments suggest the need for off-tract improvements, whether to be installed in conjunction with developments in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Council a list and description of all such improvements together with a request that the governing body determine and advise the Board of the procedure to be followed in construction or installation thereof including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the governing body's determination of the expiration of ninety (90) days after the forwarding of such a list and description to the Township Council without determinations having been made, whichever comes first.
2. 
The governing body, within ninety (90) days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
3. 
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the governing body's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time, within which to act, of sufficient duration to enable the governing body to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the governing body.
f. 
Implementation of Off-Tract Improvements.
1. 
In all cases, applicants shall be required to enter into an agreement or agreements with the Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules, and regulations of the Township, County, and 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 subsection 25-9.3d (Escrow Accounts), hereinabove, to secure the applicant'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 is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 or Title 40 of the Statutes of the State of New Jersey; the applicant may be required to sign an agreement acknowledging and agreeing to this procedure.
In addition, the governing body may require that the applicant 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 improvement as the same may be determined by the municipal assessing authority.
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 Aberdeen, County of Monmouth, and 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 applicant's, 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 a 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 improvements and the likelihood that larger, regional or subregional 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; and
(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.
INFRASTRUCTURE IMPROVEMENT PLAN
Road and Drainage Improvements
1.
County Road (Cliffwood Avenue to Route 35)—Widening, curbs, sidewalks, and drainage.
2.
Biondi Street—Reconstruction and drainage.
3.
County Road at Cliffwood Avenue—New signalization.
4.
County Road at Railroad—Rail crossing improvements.
5.
Cliffwood Avenue at Railroad—Rail crossing improvements.
6.
County Road Vicinity—Local park.
7.
County Road Route 35—Signal improvements.
8.
Lenox Avenue, Lakeshore Drive—Road improvements, curbs, sidewalks, and drainage.
9.
Seawood, North Concourse, Wayside Drive, South Concourse, Prospect Avenue, Shadynook Avenue, Sherwood Drive—Road improvements, curbs, sidewalks, and drainage.
10.
Oakshades Avenue, Cross Avenue, Washington Avenue—Road improvements, curbs, sidewalks, drainage, and water mains.
11.
Atlantic Avenue (Little Street to Rail Station)—Road improvements, curbs, sidewalks, and drainage improvements.
12.
Line Road and Lloyd Road—New signalization.
13.
Line Road—Curbs, sidewalks, and drainage.
14.
Lloyd Road Improvements (Northland to Railroad Bridge)—Road widening and sidewalks.
15.
Blair Road Improvements—Sidewalks.
16.
Cambridge Drive at Lloyd Road—Signalization upgrading.
17.
Cambridge Drive, Courtland Lane, Carol Lane, Chilton Lane, Cypress Lane—Road Improvements, curbs, sidewalks, and drainage.
18.
Reids Hill Road—Road reconstruction, widening, curbs, sidewalks, and drainage.
19.
Wilson Avenue—Reconstruction, curbs, sidewalks, improvements to drainage, water and sanitary systems.
20.
Greenwood Avenue—Road reconstruction, curbs, sidewalks, and drainage.
21.
Freneau Park—Regional recreational facility.
22.
Grand Avenue, Willow Avenue, Euclide Avenue, Anna Street, Springlaw Avenue, Charles Street—Road reconstruction, curbs, sidewalks, improvements to drainage, water and sanitary systems.
23.
Route 516 (County Line to Borough Boundary)—Road widening, curbs, sidewalks, drainage, water and sanitary systems, signalization upgrading.
24.
Route 516 at Route 79, Matawan Borough—Signalization improvements, road improvements, curbs, sidewalks, and drainage.
25.
Texas Road at Route 79, Matawan Borough—New signalization, road improvements, curbs, sidewalks, drainage, water mains, and sanitary system.
26.
Texas Road at Rail Crossing—Improve grade crossing, elevations, and road improvements.
27.
Wilson Avenue at Birch Swamp Creek—Reconstruct bridge over Birch Swamp Creek.
28.
Texas Road—Road reconstruction, curbs, sidewalks, drainage, water and sanitary sewer.