Belmar City Zoning Code
ARTICLE XI
Off-Tract Improvements
§ 40-11.1 Purpose.
[Ord. No. 1992-32 § 11.1]
This Article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
§ 40-11.2 Definition and Principles.
[Ord. No. 1992-32 § 11.2]
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 water, sewerage, 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 Municipal Agency shall provide in its resolution of approval the basis of the required improvements. 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.
§ 40-11.3 Cost Allocation.
[Ord. No. 1992-32 § 11.3]
a.
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 or where neither the Borough nor any other government entity has planned or programmed or accepted the responsibility for any portion of the cost of the improvements, the applicant may be required at the 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 benefitted by the off-tract improvements, and where either the Borough or any other government entity has planned or programmed or accepted the responsibility for any portion of the cost of the improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
2.
Nothing herein shall be construed to prevent the Municipal Agency and the developer from agreeing to use a different method to allocate cost.
3.
Allocation Formula.
(a)
Sanitary Sewers. The applicant's proportionate share of distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, and appurtenances associated therewith, shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be based on the standards specified in Article 9 of this ordinance, computed by the developer's engineer and approved by the Municipal Engineer.
(2)
The Municipal Engineer or planner shall provide the applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits or the affected sewer system;
(3)
If the required system does not exist or the existing system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak hour flows, the pro rata share shall be computed to be the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of improvement | = | Capacity of improvement (gallons per day — gpd) |
Developer's Cost | = | Development-generated design flow to be accommodated by the improvement (gpd) |
ii
The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically possible.
iii
The partial cost of a shared improvement where the existing improvement has insufficient capacity:
Total cost of enlargement or improvement | = | Capacity of enlargement or improvement in excess of existing capacity (gpd). |
Developer's Cost | = | Development-generated design flow to be accommodated by the enlargement or improvement (gpd) |
(b)
Roadways. 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:
(1)
The Municipal Engineer or planner shall provide the applicant with the existing and reasonably anticipated future peak hour volumes for the off-tract improvements;
(2)
The applicant shall furnish, for approval by the Municipal Engineer, 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.
(3)
If the required improvements do not exist or if the existing system does not have adequate capacity to accommodate reasonably anticipated volumes, the pro-rata share shall be the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of or improvement\Developer's Cost | = | Capacity of improvement (peak hour volume) Development traffic to be accommodated by the enlargement or improvement (peak hour volume) |
ii
The total cost of an improvement designed to accommodate only the development traffic volume if such an alternative is technically possible.
iii
The partial cost of a shared improvement where the existing improvement has insufficient capacity:
Total Cost of enlargement or improvement\Developer's Cost | = | Capacity of enlargement or improvement in excess of existing capacity (peak hour volume)\Development traffic to be accommodated by the enlargement or improvement (peak hour volume) |
(c)
Drainage Improvements. The applicant's proportionate share of storm water and drainage improvements including the installation, relocation and replacement of storm drains, bridges, 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:
(1)
The capacity and the design of the drainage to accommodate storm water runoff shall be based on the standards specified in Article 9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer. The effect of on-site detention, if any, is to be neglected.
(2)
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 Municipal Engineer. The plans for the improved system may be prepared by the developer's engineer or the Municipal Engineer at the developer's expense and the estimated cost of the enlarged system calculated by the Municipal Engineer.
(3)
If the required improvements do not exist or if the existing system does not have adequate capacity to accommodate reasonably anticipated volumes, the pro-rata share shall be the larger of:
i
The partial cost of a shared improvement where none now exists:
Total cost of improvement\Developer's Cost | = | Capacity of improvement (cfs - peak)\Development-generated peak runoff to be accommodated by the enlargement or improvement (cfs) |
ii
The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically possible.
iii
The partial cost of a shared improvement where the existing improvement has insufficient capacity:
Total Cost of enlargement or improvement cost\Developer's Cost | = | Capacity of improvement (cfs peak)\Development-generated peak runoff to be accommodated by the improvement (cfs) |
(d)
Water Supply. The applicant's proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, and appurtenances associated therewith shall be computed in accordance with procedures similar to those described for sanitary sewers, roadway and drainage improvements shall be used.
§ 40-11.4 Costs Included.
[Ord. No. 1992-32 § 11.4]
The cost of an improvement shall be construed to encompass all costs including, but not limited to planning, feasibility studies, surveys, property and easement acquisition, design and construction. Such costs shall also include all legal, accounting, surveying, engineering, and other professional costs. Such costs may also include the cost of eminent domain proceedings, reasonable contingencies and costs of financing during construction.
§ 40-11.5 Escrow Accounts.
[Ord. No. 1992-32 § 11.5]
Where the proposed off-tract improvement is to be undertaken at a future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within the period prescribed by law, all monies and interest shall be returned to the applicant.