As a condition of subdivision or site plan approval, and in accordance with N.J.S.A. 40:55D-42, the planning board of East Greenwich Township shall require a developer/applicant to pay its pro-rata share of the cost of providing reasonable and necessary improvements to the township's water, streets/street signalization, drainage, and sewer facilities, including land and easements, that are located off-tract of the proposed subdivision or development, but which are necessitated or required as a direct result of the impact that the subdivision or development will have upon the township. All such off-tract water, streets/street signalization, drainage and sewer improvements shall be in conformance with the circulation and comprehensive utility service plans of the township's master plan. Such improvements are those that are clearly, directly and/or substantially related to the subdivision or development under review, as further determined based on the provisions, calculations and methodologies being further set forth herein. In addition, and separate and apart from the provisions of N.J.S.A. 40:55D-42, a developer shall be required to pay its fair share for off-tract open space and/or recreational land and improvements, in concert with or as set forth in, the recreational, conservation and/or facilities elements of the township's master plan, where either none of the same or only a portion of the same are provided for on-tract, as required by ordinance, or when the developer, with planning board approval, opts to pay a contribution fee in-lieu of all or a portion of such on-tract requirements.

(Ord. 27-2003 § 1 (part))

A.

Full Allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no property owners receive a special benefit thereby, or where neither the township nor any other governmental entity has either planned, programmed, or accepted responsibility for any portion of the cost of the improvements, the developer/applicant shall be responsible, at the developer/applicant's sole expense and as a condition of approval, to either provide for and install such improvements, upon proper review and approval by the township of all such plans related to the same, or to provide for the necessary funding so that the township can make such improvements directly.

B.

Proportionate Allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvements, or where either the township or other governmental agency or entity has planned or programmed, or accepted responsibility for any portion of the cost of the improvement, the criteria set forth herein shall be utilized in calculating and determining the proportionate share of the cost of such improvements to the developer/applicant. A proportionate allocation shall not be made however, and a developer/applicant shall be responsible for assuming all costs for improvements, where there is a need to upgrade an existing facility or improvement due to it's insufficient capacity or other inadequacies to service the needs of the developer/applicant's proposed development, but the existing facility or improvement is adequate to service the needs of the present users. Where a developer is required to "front-end" an off-tract improvement (such as the extension of a sewer line to the proposed development), and future developers benefit from the same, then the original developer who made the improvement shall be entitled to a pro rata reimbursement from any subsequent developers who have directly benefited from the improvement, if said subsequent benefit accrues within ten years from the date of the original improvement. In any such event, the following procedure shall take place:

1.

The original developer shall certify the actual costs of the off-tract improvements, based on construction invoices, which shall then be verified by the township engineer.

2.

The township engineer shall then calculate the subsequent developer's pro rata contribution, by dividing the use of the improvement by the subsequent developer by the use of the improvement made by all developments benefiting from the improvement, based on road capacity, daily sewage flow, daily water flow, etc.

3.

The township shall then condition the issuance of the first building permit in the subsequent developer's development, upon payment in full of the pro rata reimbursement to the original developer. Said reimbursement shall be payable to the township directly, who shall them reimburse the original developer, subject to payment of any liens, offsets or other funds due to the township by the original developer.

C.

Alternate Methods. Nothing herein shall be construed as to prevent the planning board of East Greenwich Township and the developer/applicant from agreeing to use an alternate method to allocate costs, or to use an alternate method to make to payments for pro rata reimbursements, than that which is set forth herein, given the unique and distinguishable characteristics of each application for development, as long as such alternate method is based on fair and reasonable standards, and the reason for adopting such alternate method is clearly set forth and agreed to by both the planning board and the developer/applicant.

(Ord. 27-2003 § 1 (part))

A.

Water Supply. The developer/applicant's share of water distribution, supply, treatment, and storage facilities, including the installation, relocation or replacement of water, mains, hydrants, valves, and appurtenances associated therewith, shall be computed as follows:

1.

The capacity and design of the water supply system shall be based on standards computed by the developer's engineer and approved by the planning board's and/or the township's engineer.

2.

The planning board and/or township engineer shall provide the developer/applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits for the affected water system in terms of average demand, peak demand and fire demand.

3.

If the required system does not exist, or the existing system does not have adequate capacity to accommodate the developer/applicant's flow given existing and reasonably anticipated peak hour and fire flows, the pro rata share shall be computed to the larger of:

a.

The partial cost of a shared improvement where none now exists:

or,

b.

The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically feasible; or

c.

The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs of the present users.

(Ord. 27-2003 § 1 (part))

A.

Roadways—Signalization. The developer/applicant's proportionate share of street improvements, alignments, 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.

Traffic Study. A Traffic Impact Study ("Study") shall be provided by the developer/applicant as required in Section 16.l6.060(A). The study shall address the various traffic-generating characteristics of uses in the proposed development and the interface of traffic from uses associated from the proposed development and existing uses in the area, to assure that there will not be a degradation in the level of service in the area, and that there will not be any traffic hazards created in the area by traffic generated as a direct result of the development.

2.

Level of Service. The developer/applicant must demonstrate that the existing public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service of D or better, and that safe, convenient and adequate circulation and parking is provided for on site of the proposed development.

3.

Traffic Volumes. The developer/applicant must provide as a part of its submitted study, existing twenty-four hour traffic counts for a minimum of three different days, excluding Sundays and holidays, summarized by hour and by direction, and peak hours trips by movement on all critical off-tract arterial roadways and intersections affected by the proposed development. Traffic volumes utilized in the study shall be taken within twelve (12) months preceding the date that the application is filed with the township's planning board, and be taken between the period of September 1 through June 15, excluding those days wherein inclement weather would make such counts not typical. If there is a seasonal peak, the study shall take the same into account and make appropriate comments.

4.

Future Background Traffic Volume. Future traffic volumes shall be calculated by multiplying the peak hour traffic volumes utilizing the current New Jersey Department of Transportation ("NJDOT") growth factors. These factored traffic volumes will be surcharged with traffic volumes expected to be generated by impending development in the area, based on development projects presently approved by, or pending before, the township's planning board, and known projects presently approved by or pending before the planning boards of immediately adjacent municipalities which will clearly have an impact on local traffic.

5.

Traffic Generation. Traffic expected to be generated by the proposed development shall be calculated by utilizing the latest copy of the Institute of Transportation Engineers ("ITE") text: Trip Generation. The values developed by using the trip generation method shall be verified by typical counts when requested by the township to verify results. If the township requires trip generation data because the trip generation methodology is not accurate due to local conditions or an inadequate database in the "Trip Generation" text, the traffic data counts required to verify trip generation data, shall be in the ITE format. Traffic generation shall include the amount of traffic to be generated for the project twenty-four (24) hour period and during the peak hour trip generation by the proposed project.

6.

Future Build Traffic Volumes. Future background traffic volumes shall be surcharged by adding the traffic volumes that are to be generated by the proposed development to future background traffic volumes.

7.

Traffic Analysis.

a.

Capacity Analysis. Roadways and intersections shall be analyzed using a capacity analysis. The capacity analysis will utilize the latest approved highway capacity programs. Traffic shall be analyzed for the existing traffic conditions, future traffic conditions, and future build traffic conditions. Traffic analysis shall optimize traffic signals so that the existing traffic conditions show traffic conditions as they exist and with the optimization of traffic signal timing. The future background traffic conditions shall require the optimization of the traffic on the roadways. Future traffic shall be added and the traffic signal timings shall be optimized for a final product.

b.

Accident Analysis. Accident data of critical intersections and roadways shall be analyzed.

c.

Speed and Delay Analysis. Speed and delay analysis of critical roadways shall be provided.

d.

Gap Analysis. Gap studies of critical intersections shall be provided.

e.

Safety Analysis. Analysis shall be made of all entrances and exits to determine if left-turn lanes are warranted in accordance with Highway Research Record 211. In addition, deceleration and acceleration lanes shall be analyzed to determine if they are needed.

B.

Off-Tract Contributions. The developer/applicant's traffic consultant shall provide a trip distribution that will distribute traffic to the surrounding roadway system. All intersections that have over twenty-five (25) P.M. peak hour trips shall be tabulated and listed with the amount of traffic from the proposed development and the total build traffic at that location. The developer/applicant's engineer shall show the percent of the P.M. traffic that the applicant's traffic will be, of the future build traffic at each intersection by approach. If improvements are required on one approach of an intersection only, as a result of a significant impact from the development, defined as an approach where the majority of traffic on the approach (further defined as over fifty (50) percent of the total traffic build) caused the need for the proposed improvement on that approach to maintain an adequate level of service, the developer/applicant's pro rata share of the intersection improvements shall be calculated as set forth below.

1.

If the required improvements to accommodate the proposed development do not exist, or the existing system does not have adequate capacity to accommodate the anticipated volumes as set forth in the study, the pro rata share shall be the larger of:

a.

The partial cost of a shared improvement where none exists:

or,

b.

The total cost of an improvement designed to accommodate only the development traffic volume if such an alternative is technically possible; or

c.

The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs of present users.

(Ord. 27-2003 § 1 (part))

The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation and replacement of storm drains, bridges, culverts, catch basins, manholes, rip-rap, detention or retention basins, 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 to accommodate stormwater runoff shall be based on standards set forth in Chapter 16.44 of the township's land development code, computed by the developer/applicant's engineer and approved by the township planning board's and/or the township's engineer.

B.

The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer/applicant's tributary to the drainage system shall be determined by the developer/applicant's engineer, subject to the approval of the board's and/or township's engineer. The plans for the improved system may be prepared by the developer/applicant's engineer or the board's or township's engineer, at the developer/applicant's expense, and the estimated cost of the enlarged system shall be calculated by the board's and/or township's engineer.

C.

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 by the large of:

1.

The partial cost of the shared improvement where none now exists:

or,

2.

The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically possible; or

3.

The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs of the present users. (Amended during 3-07 supplement; Ord. 27-2003 § 1 (part))

A.

The capacity and design of sanitary sewer systems shall be based on "Rules and Regulations for the Preparation and Submission for Sewerage Systems," New Jersey Department of Environmental Protection, as well as any and all other design and specifications standards as may be set forth by the Township of East Greenwich and/or its professionals responsible for approval and oversight of such systems.

B.

The developer/applicant shall be responsible for the entire cost of any off-tract improvements for sanitary sewer systems, including distributions facilities, the installation, relocation or replacement of collector, trunk and interceptor sewers, and the installation, relocation or replacement of other appurtenances associated therewith, that are necessary as a direct result of the proposed development. This shall apply both to the need for any new systems, facilities, appurtenances, etc., as well as the cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the ends of the developer/applicant's proposed development, but is adequate to service the needs of the present users.

C.

In the event that a new system and/or facilities or appurtenances associated therewith is/are necessary where none now exists, but said new system, and/or facilities or appurtenances associated therewith will be shared with other users who do not now benefit from the same, the developer/applicant's partial cost of said shared improvement shall be as follows:

(Ord. 27-2003 § 1 (part))

Editor's note— At the direction of the township, as a part of Supp. No. 13, § 16.19.070 was repealed in its entirety. Former § 16.19.070 pertained to off-tract recreational improvements and was derived from Ord. 27-2003 § 1 (part).

The cost of all off-tract acquisition of lands and/or improvements as contained in this chapter shall be construed to encompass all costs including, but not limited to, planning, feasibility studies, surveys, property and easement acquisition, design, equipment/facilities, and construction. Such costs shall also include all legal, accounting, surveying, engineering, and other professional costs directly associated with the improvement(s) contemplated. Such costs may still further include the cost of eminent domain proceedings, reasonable contingencies, and costs of financing during construction. All such costs shall be calculated and set forth, as a condition of approval, when preliminary major subdivision approval is granted.

(Ord. 27-2003 § 1 (part))

Where the proposed off-tract improvement(s) are to be undertaken at a future date, the monies required for the improvement shall be paid prior to the signing of the final plans by the planning board chair, planning board secretary and township clerk, except in the case of fees paid for off-tract open space and/or recreational land and improvements, in which case said fees shall be paid on a per unit basis at such time as each certificate of occupancy ("C.O.") is issued within the affected development. Said funds shall be deposited in an interest-bearing account to the credit of the township in a separate account, until such time as the improvement(s) is/are constructed. If off-tract improvements for water, roadway, signalization, drainage, or sewer improvements, or recreational improvements or the purchase of land for open space or recreational needs, are not begun within ten (10) years from the, date of the final certificate of occupancy being issued to the developer/applicant, (or fifteen (15) years in the case of open space or recreational improvements/land acquisition), then and in any such event all monies and interest shall be returned to the developer/applicant. Where developer contributions are made for open space acquisition or the purchase of recreational land and/or improvements, such funds shall be placed in a dedicated account for such purposes, and can be used for no other purposes.

(Ord. 27-2003 § 1 (part))