Elk City Zoning Code
ARTICLE V
Off-Tract Improvements
§ 96-16 Purpose.
This article is intended to ensure a pro rata allocation of the costs for off-tract improvements necessitated by new development.
§ 96-17 Off-tract improvements required.
As a condition of final subdivision or site plan approval, the reviewing board may require an applicant to pay his pro rata share of the cost of providing reasonable and necessary off-tract improvements. These costs may include but, are not limited to, the costs of street improvements, water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. The proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area shall be based on the criteria established herein.
§ 96-18 Improvements to be constructed at sole expense of developer.
Full allocation: In cases where the reasonable and necessary off-tract improvement or improvements are necessitated or required by the proposed development, and where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
§ 96-19 Other improvements.
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where it is determined that properties outside of the development will also be specially benefitted by the improvement, the following criteria shall be utilized in determining the proportionate share of such improvements to the developer.
A.
Sanitary sewers. For distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be based on "Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems," New Jersey Department of Environmental Protection, except where governed by the Residential Site Improvement Standards, N.J.A.C. 5:21-6, and all Elk Township sewer design standards including infiltration standards, and all other Township sanitary sewer standards.
(2)
The capacity of the existing system to service the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement or improved cost | = | Total tributary gpd. | |
Developer's cost | Development gpd. |
(3)
If it is necessary to construct a new system in order to service the proposed development, the prorated enlargement share to the developer shall be computed as follows:
Total project cost | = | Total tributary gpd. to new system | |
|---|---|---|---|
Developer's cost | Developer's tributary gpd. |
(4)
The plans for the improved system or extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.
B.
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements, the applicant's proportionate cost shall be computed as follows:
(1)
The Township Engineer or Planner shall provide the applicant with the existing and anticipated future peak hour flows for the off-tract improvement.
(2)
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. The ratio of the peak hour traffic generated by the proposed development 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:
Developer's cost | = | Total cost of the off-tract improvement | X | Future peak hour traffic generated by the developer (%) Future additional peak hour traffic |
(3)
Where the property which is the subject matter of a development application falls within a designated transportation improvement district, as reflected in the circulation element of the Township's Master Plan, the standards to be applied shall be in accordance with § 96-62 of this chapter.
C.
Drainage improvements. For stormwater and drainage improvements including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip-rap or improved drainage ditches and appurtenances thereto and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(1)
The capacity and the drainage system design to accommodate stormwater runoff shall be based on a method described in "Urban Hydrology for Small Watershed Technical Release 55," Soil Conservation Service USDA, current issue, computed by the developer's engineer and approved by the Township Engineer.
(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 Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost or the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement or improved cost of drainage facilities | = | Total tributary cfs | |
Developer's cost | Developer's cfs |
§ 96-20 Escrow accounts for future improvement.
Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited to the credit of the Township in a separate interest-bearing account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant.
§ 96-21 Pro rata share.
In any case in which an applicant does not provide the approving authority with estimates from a traffic consultant and/or consulting engineer regarding estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on estimates of the Township Engineer and Planner to determine pro rata costs.
