Franklin City Zoning Code
ARTICLE VII
Off-Tract Improvements; Performance and Maintenance Guarantees
§ 161-40 Installation of improvements or guarantees.
A.
Off-tract improvements.
(1)
Purpose. This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
(2)
Definitions and principles. As a condition of subdivision or site plan approval, the Planning Board 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 Planning Board shall provide in its resolution of approval the basis of the required improvements. The capacity and design of proposed improvements shall be based upon the circulation plan element and utility service plan element of the adopted Master Plan. 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.
(3)
Cost allocation.
(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, the applicant may be required, at his sole expense and as a condition of approval, to provide and install such improvements.
(b)
Proportionate allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
(4)
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 IVand/or Article IX of this chapter.
[2]
The Board or Board Engineer shall provide the applicant with the existing and reasonably anticipated peak-hour flows as well as capacity limits of the affected sewer system.
[3]
If 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 as follows:
Total cost of enlargement or improvement cost | Capacity of enlargement or improvement (gallons per day-gpd) | ||
= | |||
Developer's cost | Development-generated gallons per day to be accommodated by the enlargement or improvement. |
(b)
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 as follows:
[1]
The capacity and the design of the water supply system shall be based on the standards specified in Article IVand/or Article IX of this chapter;
[2]
The Board or Borough Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand and fire demand;
[3]
If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement cost | Capacity of enlargement or improvement (gallons per day-gpd) | ||
= | |||
Developer's cost | Development-generated gallons per day to be accommodated by the enlargement or improvement. |
(c)
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 traffic improvements shall be as follows:
[1]
The Board or Board Engineer shall provide the applicant with the existing and reasonably anticipated future peak-hour traffic 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 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 cost | Capacity of enlargement or improvement peak-hour traffic | ||
= | |||
Developer's cost | Development peak-hour traffic to be accommodated by the enlargement or improvement. |
(d)
Drainage improvements. The applicant's proportionate share of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated herewith, shall be determined as follows:
[1]
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in this chapter, computed by the developer's engineer and approved by the Board or Borough 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 Board or Borough Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Board or Borough Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total cost to enlargement or improvement | Capacity of enlargement or improvement (total capacity expressed in cubic feed per second | |
= | ||
Developer's cost | Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement. |
(5)
Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the municipality in a separate account until such time as the improvement is constructed.
B.
Performance guarantee. Before recording of a final subdivision plat or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Board may require and shall accept, for the purpose of assuring the installation of on-tract improvements, a performance guarantee in accordance with this chapter.
C.
Maintenance guarantee. The Board may require and shall accept, for the purpose of assuring the maintenance of on-tract improvements, a maintenance guarantee in accordance with Section 622a(2). The form and amount of such guarantee.
D.
Restoration guarantee. The Board and governing body may require a guarantee in the nature of a restoration bond, or letter of credit for restoration purposes, in favor of the Borough, in an amount not to exceed 120% of the estimated cost of site or tract restoration, to be determined by the Borough Engineer, to assure that a tract or site which has been disturbed is thereafter restored to its original condition if and when a developer fails to perform the approved development and when the governing body determines that the public interest favors restoration of the tract or site rather than performance of the development.
E.
Inspection fees. Inspection fees attributable to the services of the Borough Engineer in connection with the provisions of this chapter shall be paid pursuant to and in accordance with this chapter. Inspection fees attributable to the services of the Board Engineer for inspection of improvements within the contemplation of N.J.S.A. 40:55D-53.2 shall be paid pursuant to and in accordance with this chapter.