Freehold Township City Zoning Code
ARTICLE VIII
Off-Tract Improvements
§ 190-64 Purpose.
This article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
§ 190-65 Principles of required improvements.
A.
As a condition of final 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.
B.
All cost allocations provided to the developer at the time of final approval shall be estimates only. Such estimate(s) may change as exact costing details become available, provided that they become available before the developer makes the payment. Once payment in accordance with the estimate has been made, the cost allocation to the developer shall not be increased. If subsequent costing details reveal that the estimates exceed the costing details, the difference shall be refunded to the developer.
C.
The extent of all future improvements shall be determined by the Township Committee.
§ 190-66 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.
(1)
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.
(2)
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, appurtenances, any land acquisition, and other related costs associated therewith, shall be computed as follows:
[2]
The Municipal 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:
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(b)
Water supply. The applicants proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, appurtenances, any land acquisition, and other related costs associated therewith shall be computed as follows:
[2]
The Municipal 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:
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(c)
Roadways. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements covered elsewhere, the construction or reconstruction of new or existing streets, other associated street or traffic improvements, any land acquisition, and other related costs shall be as follows:
[1]
The Municipal Engineer shall provide the applicant with the existing and reasonably 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 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 shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
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[3]
Existing roads contiguous to the property are the sole responsibility of the developer which shall reconstruct such roadway to the center line and extend all related utilities through the improved section.
[4]
Reconstruction of existing Township roads on the opposite side of the center line deemed necessary by the Township Engineer to assure roadway safety shall be the responsibility of the developer along undeveloped frontage. If the adjoining property is developed within a period of 10 years, the developer shall be reimbursed for cost of the widening beyond the center line.
(d)
Drainage improvements. The developer'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, appurtenances, any land acquisition, and other related costs associated therewith, shall be determined as follows:
[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 shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Municipal Engineer. The prorated share for the proposed improvement shall be computed as follows:
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§ 190-67 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. If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant.
§ 190-68 Regional stormwater detention option.
The developer may request to participate in a regional detention system instead of meeting the stormwater detention obligation on site. If the Township Engineer recommends approval of the request and the governing body grants such approval, the developer shall contribute a nonrefundable amount equal to the cost of providing on-site detention. Such contribution shall include costs for land, design, construction and maintenance as approved by the Township Engineer. Said amount shall be posted with the Township at final approval.
§ 190-69 Developer's agreement.
As a condition of final approval, the developer shall enter into a developer's agreement with the municipality which shall include the conditions, formula and costs for the proposed off-tract improvement.