Montgomery City Zoning Code
§ 16-9.4
Transportation Improvement District T.I.D. Program Established.
[Ord. #89-617, S 2]
a.
Identification of Districts. The following transportation districts are hereby established, as described in the Traffic Circulation Plan Element of the Montgomery Township Master Plan:
1.
Transportation Improvement District-1 (T.I.D.-1) comprised of an area bounded on the south by Cherry Valley Road, on the east by Van Horne Road, on the north by Orchard Road and on the west generally along the rear property lines of the residential lots on the easterly side of Opossum Road and the westerly side of the REO II District south of Route 518.
b.
Roadway Improvements. The improvements to be made within each established Transportation Improvement District are set forth in subplans to the Traffic Circulation Plan Element of the Montgomery Township Master Plan as approved by the Planning Board.
c.
T.I.D. Impact Fees.
1.
The following T.I.D. Impact Fees to be collected from developers having applications for developments within established Transportation Improvement Districts as set forth in subplans to the Traffic Circulation Plan Element of the Montgomery Township Master Plan as approved by the Planning Board are hereby established:
(a)
Transportation Improvement District-1 (T.I.D.)—
Use | Impact Fee |
|---|---|
Dwelling Unit | $977 per each dwelling unit |
Commercial | $4.60 per square foot of commercial use |
Offices or Research Laboratories | $1.43 per square foot of office or research laboratory use |
Lodging | $1,051 per each lodging unit |
2.
The purpose of the T.I.D. Impact Fee is to satisfy the developer's proportionate and pro-rata contribution to the cost of reasonable and necessary roadway improvements to be borne by developers within a related and common area.
3.
The T.I.D. Impact Fees shall be adjusted from time to time as is reasonably deemed appropriate by the Township Committee to account for modifications to projected roadway improvement costs resulting from detailed engineering field studies and inflation, adjusted development projections, actual costs of T.I.D. program maintenance and administration, land acquisition costs and necessary changes in the scope of roadway improvements.
d.
Implementation of T.I.D. Impact Fees through Developers Agreements.
1.
Developers of developments within an established Transportation Improvement District shall be required to enter into an agreement with the Township for the payment of the required T.I.D. impact fee; and the Planning Board or Board of Adjustment, as the case may be, in deliberations with respect to any applications for preliminary approval of development located within an established Transportation Improvement District, shall make findings as to items to be addressed by the agreement. A condition to any final approval shall be that the Developer enter into the said agreement with the Township.
2.
The agreement shall be based upon the Board's findings of fact and conditions of approval and shall provide for the following:
(a)
Payment of an impact fee representing the applicant's fair share of road and street improvements, inclusive of land acquisition costs, if any, in accordance with the standards set forth in this Code and the T.I.D. subplan. Unless an installment payment schedule is approved, the impact fee shall be paid prior to the issuance of any building permits.
(b)
Where the development is phased, an installment payment schedule, if requested by the applicant, based upon the phasing of the development or other standards as outlined in the subplan to the circulation element of the Township's Master Plan with respect to the collection of the fee determined. With any installment payment plan, full payment shall be required prior to the issuance of the final building permit for the project or phase thereof subject to such installment payments.
(c)
The limit of the applicant's off-tract traffic improvement liability upon full or partial payment of the impact fee.
(d)
A description of structural improvements to be made by or at the expense of the developer, in lieu of an impact fee contribution or some combination thereof, if any, and the timing or sequencing of such installation.
(e)
A description of any credits or repayment due the developer as a result of voluntary construction or payments in excess of the developer's fair share based upon the standards set forth in the T.I.D. subplan.
(f)
In the event that funds shall be escrowed, the terms and conditions under which such escrow shall be established, maintained and released.
(g)
Such other matters as may be recommended by the Board or the Township Committee.
3.
Use of funds collected. Any funds collected by way of impact fee shall be maintained in a separate escrow account credited to the Township. Such funds shall be used only for improvements referred to in the Transportation Improvement District subplan and as adopted as part of the Township's Capital Improvement Program.
4.
Low and moderate income housing. Development applications containing proposals for low and moderate income housing, as defined by ordinance, shall be subject to this article except that any computations with respect to the number of units shall exclude units which are approved for low and moderate income uses.
5.
Exemption for public buildings. Development applications made by a municipal agency for the construction of a public building shall be exempt from this section provided that the Township Committee finds that the proposed building will serve a public purpose and promote the public health, safety and welfare.
6.
Effect of transportation district on development applications with prior approvals. Applicants who have obtained preliminary or final approval with respect to a development application located within the Transportation Improvement District, provided such approvals are valid, may choose to be treated, with respect to such applications, in accordance with the provisions of their respective approval resolution or, in the alternative, may choose to be treated in accordance with the standards set forth in the T.I.D. subplan.