Montgomery City Zoning Code
§ 16-9.3
Off-Tract Improvements.
[Ord. #85-482, S 903; Ord. #88-589, S 2; Ord. #89-617, S 1; Ord. #92-756, S 3; Ord. #93-769, S 2]
a.
Required Improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor, located outside the property limits of the subject premises, but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.
b.
Improvements to be Constructed at the Expense of the Developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Montgomery Township or Somerset County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.
c.
General Standards for Other Improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Montgomery Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:
1.
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:
(a)
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Montgomery Township sewer design standards, including infiltration standards.
(b)
Developer's pro rata share:
(1)
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer although some charges including, but not limited to, capacity charges may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the pro-rated enlargement or improvement share shall be computed as follows:
Developer's Cost Total Enlargement or Improvement Cost | = | Development gpd Total Tributary gpd |
(2)
If it is necessary to construct a new system in order to develop the subdivision or development, the pro-rated enlargement share to the developer shall be computed as follows:
Developer's Cost Total Project Cost | = | Development Tributary gpd Total Tributary gpd to New System |
(3)
The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.
2.
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed off-tract improvements, 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 peak-hour traffic shall form the basis of the proportionate share. The pro-rated share shall be computed as follows:
Developer's Cost Total Cost of Roadway Improvement and/or Extension | = | Additional Peak-Hour Traffic Generated by the Development Future Total Peak-Hour Traffic |
3.
Drainage Improvements. For the storm water and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system to accommodate storm water runoff shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:
Developer's Cost Total Enlargement or Improvement Cost of Drainage Facilities | = | Development cfs Total Tributary cfs |
4.
Water.
(a)
Where no public water is accessible as defined in Subsection 16-5.16c1, in addition to complying with Subsection 16-5.16b, the applicant shall deposit funds in escrow with the Township in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including, but not limited to, materials, installation, taxes, appurtenances, surcharges, if any, etc.
(b)
Where, pursuant to Subsection 16-5.16d1, an applicant does not install an underground water storage tank system and ancillary fire protection wells, an applicant shall be required to pay its pro rata share of the cost of the installation of the underground water storage tank system. Such pro rata share shall be determined at a rate set by Elizabethtown Water Company per lot for the cost of installation of 200 feet of water main per lot. An applicant shall calculate the cost of the installation of the system and submit a detailed estimate to the Township Engineer for his review and approval. Where the cost of such system exceeds the pro rata share, the residual cost shall be provided by the Township from the deposited escrow funds, according to the zones delineated in Schedule A.[1] The escrow shall be required for each lot on which a new principal structure will be located. The escrow deposit for each lot shall be made no later than the time application for a building permit for the principal structure to be located on the lot is made; and no building permit shall issue until the deposit is made. A notation describing these requirements shall be included on the final subdivision map to be filed with the County Clerk.
[1]
Editor's Note: Schedule A is the Underground Water Storage Tank Zone Map and is included at the end of this section.
d.
Escrow Accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of Montgomery Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developer's may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if Montgomery Township has taken legal steps to provide for the design and financing of such improvements.
e.
Referral to Township Committee.
1.
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan unless receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.
2.
The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
3.
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case maybe, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements, or shall condition its approval upon the subsequent determination of the Township Committee.
f.
Implementation of Off-Tract Improvements.
1.
In all cases, developers shall be required to enter into an agreement or agreements with Montgomery Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Montgomery, Somerset County and the State of New Jersey and any departments, authorities or agencies thereof.
2.
Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection 16-9.3d (Escrow Accounts) hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3.
Where properties outside the subject will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.
4.
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as the same may be determined by the Board of Improvement Assessors.
5.
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Montgomery, County of Somerset and the State of New Jersey and any departments, authorities and agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
6.
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;
(b)
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;
(c)
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and
(d)
The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.