Ogdensburg City Zoning Code
§ 30-903
OFF-TRACT IMPROVEMENTS.
A.
Required Improvements. Applicants shall be required, as a condition of preliminary or final 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 therefore, located outside the property limits of the subject premises, but indicated in the Borough 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 reasonably 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 the Borough of Ogdensburg or Sussex County or, in lieu thereof, require the subdivider or developer to deposit with the Borough a sum of money sufficient to allow the Borough 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 reasonably necessitated by the proposed development application, and where it is determined that properties outside the development also will be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of the Borough of Ogdensburg 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 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 Borough of Ogdensburg sewer design standards or SCMUA 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 prorated enlargement or improvement share shall be computed as follows:
Developer's Pro-Rated Share\Total Enlargement = 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 Pro-Rated Share\Total Project Cost = Development Tributary gpd\Total Tributary gpd to New System
(3)
Specific plans for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and the developer's pro-rated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Borough Engineer, and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.
2.
Roadways.
For street widening, alignment, channelization of intersection, construction of 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 streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
a.
The applicant's engineer shall provide the Borough 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 ration 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 Pro-Rated Share\Total Cost of Roadway Improvement and/or Extension = Additional Peak-Hour Traffic Generated by the Development\Future Total Peak-Hour
c.
Specific plans for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Borough Engineer, and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.
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 the Borough of Ogdensburg in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, the developer may present irrevocable letters of credit for the term in a form acceptable to the Borough 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 the Borough of Ogdensburg has taken legal steps to provide for the design and financing of such improvements.
E.
Referral to Borough Council.
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 Borough a list and description of all such improvements together with a request that the Borough Council 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 until receipt of the Borough Council determination or the expiration of 90 days after the forwarding of such list and description to the Borough Council without determination having been made, whichever comes sooner.
2.
The Borough Council, 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 Borough Council's determination as to construction of off-tract improvements, it shall request the application to consent to an extension of time within which to act, of sufficient duration to enable the Borough Council 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 may be, 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 Borough Council.
F.
Implementation of Off-Tract Improvements.
1.
In all cases, developers shall be required to enter into an agreement or agreements with the Borough Council in regard to off-tract improvements, within one year from the date of municipal subdivision and/or site plan approval and in accordance with this chapter and any other ordinances, policies, rules and regulations of the Borough of Ogdensburg, Sussex County and the State of New Jersey and any departments, authorities or agencies thereof.
Should such an agreement or agreements not be entered into within the aforesaid one year time period, or within such extended time period as may be granted by the Borough Council the municipal subdivision and/or site plan approval shall be deemed null and void.
2.
Where properties outside the subject tract will be benefited by the improvements, the Borough Council may require the applicant to escrow sufficient funds, in accordance with Section 30-903 D 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 tract will be benefited by the improvements, the Borough Council 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 Borough Council shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Borough Council may direct the Planning Board to estimate, with the aid of the Borough 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 benefitted thereby, and the subdivider or developer shall be liable to the municipality for such expense.
4.
If the Borough Council shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or part of the cost of which is to be assessed against properties benefitted 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 Borough Council 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.
5.
If the Borough Council 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 Borough of Ogdensburg, County of Sussex and the State of New Jersey and any departments, authorities or 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 developers agreements with other applicants and the like, all in accordance with an agreement between the Borough Council 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 Borough Council 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 of the off-tract improvement.