Saddle Brook City Zoning Code
ARTICLE XIX
Impact Statements and Off-Tract Contributions
§ 206-110 Site plan, subdivision, and any other development approval.
A.
A utility impact statement including impacts on stormwater, sewerage, water, electricity, gas, and solid waste disposal shall be required for all site plan, subdivision, or any other development approvals for the following uses:
B.
A developmental impact statement including impacts on public services, including police, fire protection, schools, libraries, hospitals, and ambulance service, shall be required for all site plan, subdivision, or any other development approvals for the following uses:
§ 206-111 Contributions for off-tract improvements. [1]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, a contribution for off-tract water, sewer, drainage and street improvements may be included in an ordinance which requires approval of site plan or subdivisions by the Planning Board/Zoning Board of Adjustment ("the Board").
A.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
(1)
Improvements to be constructed at the sole expense of the applicant. In cases when reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract improvements.
(a)
In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Board in writing. Said resolution or determination of the Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant. In its deliberation as to whether off-tract improvements are required, the Board shall be guided by the rules and regulations specified in the Zoning Ordinance of the Township of Saddle Brook, this article and the Township Master Plan. The Board may also be guided by its Counsel and Engineer, and the Township's Counsel and Engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.
(b)
In the event that the Board determines that one or more improvements constitute an off-tract improvement, the Board shall notify the Township Council of same, specifying the Board's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
(c)
The Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed upon by both the applicant and the Council of the Township of Saddle Brook and a written resolution to that effect by the Council has been transmitted to the Board.
(3)
Methods of implementation.
(a)
Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this article, or the Township Code, for other improvements.
(b)
Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this article or by the Board, said agreement shall be approved as to form, sufficiency, and execution by the Board Attorney and Township Attorney. Said agreement shall specify the amount of cash contributions (as determined by the Board; its Engineer, or Township Engineer) for the necessitated improvements, the method of payment of same, and obligation or obligations to be undertaken by the Township of Saddle Brook. The payment of the cash contribution by the developer shall be made prior to the first permit granted to the developer for any site activity.
(c)
Cash contributions.
[1]
Cash contributions for off-tract improvements shall not be required under the following conditions:
[a]
Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Township of Saddle Brook.
[b]
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided.
[c]
Where the applicant, where legally permissible, can undertake the improvements in lieu of the Township, subject to standards and other conditions as may be imposed by the Township of Saddle Brook.
[2]
Where a cash contribution is required by this article, said contribution shall be deposited with the Treasurer of the Township of Saddle Brook with a copy of the applicant's transmittal letter forwarded to the Council, the Township Engineer and the Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of five years, or such period of time as municipal approvals are extended, the funds may be retained by the Township of Saddle Brook and may be used for general municipal purposes or refunded to the applicant (or any of his heirs, executors, administrators or grantees). In the event that the improvements for which said cash contribution was made, neither the applicant (nor any of his heirs, executors, administrators or grantees) shall be liable to the Township of Saddle Brook for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.
(d)
Pro rata formula for determining the applicant's share of off-tract improvements.
[1]
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
[a]
Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: The applicant's proportionate share shall be equal to the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the maximum traffic capacity of the road or intersection, as determined by accepted engineering standards (i.e., say 40 cars are projected from new development, and the road capacity is 1,000 cars, the proportionate share would be equal to 4% of the improvement). The ratio thus calculated shall be increased by 10% for contingencies.
[b]
Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: The applicant's proportionate share shall be equal to the ratio of the estimated daily use of water from the property or properties, in gallons, to the maximum capacity of the facility, as determined by accepted engineering standards. The ratio thus calculated shall be increased by 10% for contingencies.
[c]
Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of pump stations or other appurtenances associated therewith: The applicant's proportionate share shall be equal to the ratio of the estimated daily flow, in gallons, to the maximum capacity of the facility. The ratio shall be increased by 10% for contingencies.
[d]
Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts and catch basins and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate share shall be in a ratio equal to the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the maximum capacity of the existing system. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage-basin area and the area of the development and the percent of the total drainage-basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Board.
[2]
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.
(e)
Required improvements shall be based on circulation and comprehensive utility service plans. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.