Milltown City Zoning Code
§ 34-33.17
Off-Tract Improvements; Performance Guarantees.
[Ord. No. 919 Art. XVIII; amended 2-11-2019 by Ord. No. 19-1469]
a.
When Required. Before final approval of a subdivision or site plan, the Approving Authority may require, in accordance with the standards of this chapter and an adopted circulation plan, utility plan and stormwater management plan, the installation, or as a condition of final approval, the furnishing of a performance guarantee or payment by cash or certified check in lieu thereof, of a developer's pro-rata share of the cost of the following off-tract improvements which are reasonable and necessary: street improvements, water system, sewerage, drainage facilities and easements therefor located off-tract but necessitated or required by construction or improvements within such subdivision or development.
b.
Procedure. The Approving Authority at the hearing for the site plan or subdivision approval shall consider evidence whether the impact of the development construction or improvements upon the existing off-tract street improvements, water system, sewerage, and drainage facilities requires that such facilities be either improved or upgraded and the cost of such improvements or upgrades. In so doing, the Approving Authority shall consider the circulation, utility plan and stormwater management plan in the Borough of Milltown Master Plan.
c.
The Approving Authority shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or by the developer and the municipality in accordance with the following standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner.
d.
If it is determined by the Approving Authority that off-site street improvements, water system improvements, sewerage and drainage facilities improvements are not directly related to the project but are necessary for the benefit of the project and other users, the pro rata share paid for the developer shall be determined as follows:
1.
Sanitary Sewerage System. The need for improvements to the Borough's sanitary sewerage system shall be determined by an engineering study of the impacts to the Borough's system. The study is to be performed by the developer's engineer or by the Municipal Engineer and paid for by the developer.
(a)
Study Parameters.
(1)
Trigger for Study. Average daily flow rate over 900 GPD or where a sewer extension is required.
(2)
Flow generation and capacities per RSIS and NJDEP regulations.
(3)
Pump stations shall be provided with two power sources, one as a back-up per N.J.S.A. 7:14A-23.10.
(4)
"Adequate conveyance capacity" means:
(i)
In the downstream sewers, the peak dry weather flow does not exceed 80% of the depth of the pipe and the peak wet weather flow does not result in overflows or discharges from any unpermitted discharge locations; and
(ii)
In downstream pumping stations with two pumps, peak dry weather flow shall be handled by one pump, and in pumping stations with more than two pumps, peak dry weather flow shall be handled with the largest pump out of service, and the peak wet weather flow does not result in any overflow or discharge from any unpermitted discharge location.
(b)
Developer' s Pro Rata Contribution:
(c) EQUIVALENT DWELLING UNIT (EDU)(1) (2) (3)
Definitions:
Each commercial, industrial, professional, institutional or public user whose estimated flow potentially does not exceed 300 gallons per day. Flows shall be based on the projected flow criteria in N.J.A.C. 7:14A-23.3.
Where commercial, industrial, professional, institutional or public user potentially exceed 300 gallons per day, then each 300 gallons or fraction thereof shall be considered one unit.
(d)
Notes:
2.
Potable Water System: The need for Improvements to the Borough's potable water system shall be determined by an engineering study of the impacts to the Borough's system. The study is to be performed by the developer's Engineer or by the Municipal Engineer and paid for by the developer.
(b)
Developer' s Pro Rata Contribution:
(c) EQUIVALENT DWELLING UNIT (EDU)(1) (2) (3) (4)
Definitions:
Each commercial, industrial, professional, institutional or public user whose estimated water consumption potentially does not exceed 300 gallons per day. Flows shall be based on the projected flow criteria in N.J.A.C. 7:10-12.6.
Where commercial, industrial, professional, institutional or public users potentially exceed 300 gallons per day, then each 300 gallons or fraction thereof shall be considered one unit.
Each fire sprinkler service line.
(d)
Notes:
(1)
For water distribution systems, benefitting EDUs shall be those directly connected to the entire unproved water system or facility.
(2)
For water storage facilities and pump stations, benefitting EDUs shall be the total EDUs within the Borough.
(3)
Where the improvement is for the exclusive benefit of the developer, his or her share shall be 100%.
(4)
Low and moderate units included in a development shall not be included in the pro rata calculation.
(5)
The total EDUs for 2019 and future year developments are set forth on attached chart.
Calculation of Equivalent Dwelling Units | |||
|---|---|---|---|
Uses | Number of Units | Water Demands (gallons per year) | EDUs |
Commercial | |||
Home Depot | N/A | 697,100 | 7 |
Target | N/A | 67,600 | 1 |
Applebee's | N/A | 1,928,8000 | 18 |
Acme | N/A | 1,276,500 | 12 |
Temple Inland | N/A | 360,200 | 4 |
Miscellaneous commercial uses | N/A | 17,750,000 | 162 |
Single-family residential | 2,253 | N/A | 2,253 |
Multifamily residential | |||
Two families | 74 | N/A | 148 |
Three families | 12 | N/A | 36 |
Four families | 7 | N/A | 28 |
Five families | 3 | N/A | 15 |
Six families | 4 | N/A | 24 |
Seven families | 3 | N/A | 21 |
Eight families | 1 | N/A | 8 |
The Mill | 45 | N/A | 45 |
Municipal/Public uses | |||
Parkview School | N/A | 232,400 | 3 |
Joyce Kilmer School | N/A | 275,000 | 3 |
Total | 2,788 | ||
3.
Roadways/Intersections: The need for improvements to the Borough's roadway system shall be determined by an engineering study of the impacts to the Borough's system. The study is to be performed by the developer's engineer or by the Borough Engineer and paid for by the developer.
(a)
Study Parameters.
(1)
Trigger for traffic impact study: 50 new peak hour site Generated TRIPS or more as per the latest ITE Trip Generation Manual.
(2)
Traffic counts shall be taken within 12 months of application date.
(3)
Transportation Research Board's Highway Capacity Manual (HCM) shall be the standard for level of services (LOS) analysis.
(4)
For signalized and unsignalized study locations all movements shall operate at a LOS D or better in the full build condition with mitigation as necessary.
(5)
Single-lane capacity shall be for estimating purposes 1,300 vehicles per hour.
(6)
The latest Manual of Uniform Traffic Control Devices (MUTCD) in conjunction with Middlesex County and the NJDOT Design Manual shall be followed when developing mitigation alternatives.
(b)
Developer Fair Share Portion and Cost of Mitigation:
(1)
Fair Share Portion.
(i)
Lot or site traffic (peak hour vehicle trips) = LOS violation component (peak hour vehicle trips) + acceptable component (peak hour vehicle trips).
[a]
Lot or site traffic is the number of new vehicle trips generated by the site during the peak hour.
[b]
Acceptable component is the number of new vehicle trips generated by the site during the peak hour that can be accommodated by the roadway network without introducing a level of service violation.
[c]
LOS violation component is the number of new vehicle trips generated by the site during the peak hour that exceed the current capacity of the roadway network and introduce a level of service violation.
(ii)
Capacity increase (vehicles/hour) = capacity after mitigation (vehicles/hour) - capacity before mitigation (vehicles/hour).
[a]
Capacity before mitigation is the number of vehicles per hour that can be accommodated by the roadway network at an acceptable level of service.
[b]
Capacity after mitigation is the number of vehicles per hour that can be accommodated by the roadway network after improvements are implemented.
[c]
Capacity increase is the additional number of vehicles per hour that can be accommodated by the roadway network as a direct result of the improvements.
(iii)
Fair share proportion = LOS violation component/ capacity increase.
(iv)
For example:
[a]
A proposed development introduces 100 new peak hour vehicle trips at an adjacent unsignalized intersection.
[b]
The adjacent unsignalized study intersection is currently operating at a failing level of service.
[c]
The acceptable component of the new peak hour trips that this adjacent intersection could accommodate without a level of service violation would be zero peak hour vehicle trips.
[d]
The LOS violation component of the new peak hour trips at this adjacent intersection would be 100 peak hour vehicle trips.
[e]
The capacity before mitigation at this unsignalized intersection is calculated to be 2,500 vehicles per hour at an acceptable level of service during the peak hour.
[f]
A new traffic signal is determined to be warranted at this location as the required mitigation.
[g]
The capacity after mitigation when the new traffic signal is installed and operational is calculated to be 3,000 vehicles per hour operating at an acceptable level of service during the peak hour.
[h]
The capacity increase would be equal to 500 vehicles per hour which is the capacity after mitigation (3,000 vehicles per hour) minus the capacity before mitigation (2,500 vehicles per hour).
[i]
The Fair Share Portion would then be calculated to be 20% by dividing the LOS violation component of the new peak hour trips at this adjacent intersection (100 peak hour vehicle trips) by the capacity increase (500 vehicles per hour).
(2)
Cost of mitigation shall be estimated to the build year for the development and shall include but not be limited to the following:
(3)
Fair share obligation equals fair share proportion times mitigation cost.
4.
Stormwater management and conveyance system: The need for improvements to the Borough's stormwater management and conveyance system shall be determined by an engineering study of the impacts to the Borough's system. The study is to be performed by the developer's engineer or by the Borough Engineer and paid for by the developer.
(a)
Study Parameters for Stormwater Management:
(1)
Trigger for study: any increase in impervious coverage.
(2)
Stormwater management improvements shall be provided for on-site by the developer at his or her sole cost. If granted a variance or exemption from the stormwater management design and performance standards, the developer may be permitted to perform a mitigation improvement in accordance the provisions of the Borough's Municipal Stormwater Management Plan.
(3)
Stormwater regulations per RSIS and the Borough's Stormwater Management Ordinance.
(b)
Developer's cost equals:
(1)
For improvements to an existing system or facility: total improvement cost times development flow divided by total capacity less current flow.
(2)
For construction of a new system or facility: total improvement cost times development flow divided by total capacity.
(3)
Note: Where the improvement is for the exclusive benefit of the developer, his or her share shall be 100%.
(c)
The developer's pro rata contribution shall be determined by the Planning Board based on the evidence including engineer studies presented at the preliminary site plan or subdivision hearing. The off-tract contribution shall be set forth in a developer's agreement between the developer and the Borough.
(d)
The financing and construction of the improvements shall be arranged in one of the following manners:
(1)
If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality in cash or certified check within 10 days after the final site plan or subdivision approval.
(2)
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the developer agreement and the completion of the work shall be guaranteed in an amount and under the terms set forth in guarantees and inspections.