Southampton Township
City Zoning Code

12-5.11 Off-tract

improvements.

[Amended 2-20-2024 by Ord. No. 2024-01]

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 of 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 necessitated or required by construction or improvements within the subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract improvements.

Improvements to be constructed at the sole 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 those lands to Southampton Township or Burlington 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 the lands on conditions it may deem appropriate under the circumstances.

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 Southampton Township or any department thereof, may be utilized in determining the developer's proportionate share of the improvements:

Water supply.

All necessary improvements and costs to the water supply and distribution system are to be determined by the Land Development Board and the recommendations of the Township Engineer and after consideration of the standards established by the utility providing water service to the site.

The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing water service to the site.

Sanitary sewers.

All necessary improvements and costs to the sanitary sewer system are to be determined by the Land Development Board based on the recommendations of the Township Engineer and after consideration of the standards established by the utility providing sewerage service to the site.

The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing sewerage service to the site.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered by other regulations, 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:

The applicant shall provide the Board with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, the volumes shall analyze pedestrian, bicycle and motor vehicle traffic, together with all other information requested by the Board or by the consultants advising the Board.

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 prorated share shall be computed as follows:

Developer's Cost

Total Cost of Roadway

Improvement and/or Extension

=

Future Peak-Hour Traffic Generated

by the Development

Future Peak-Hour Traffic

The Board shall establish the cost of the anticipated improvements and the fair-share allocation of the improvements to be paid by the applicant after consideration of the traffic plan submitted by the applicant and any traffic plan or comments submitted by the consultants advising the Board.

The minimum percentage allocation shall be 2.5% of the cost of the anticipated improvements as established by the Board.

The allocation policy shall be applicable to any development which proposes:

Fifty or more residential units or

Is determined to have an impact of at least 0.5% based on the traffic study accepted by the Board.

The allocation policy shall not apply to developments with fewer residential units than, or having a smaller input than, these standards and no contribution shall be required of any such development.

Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basin, manholes, rip-rap 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:

The capacity and design of the drainage system to accommodate stormwater run-off 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.

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 developer's engineer shall prepare the plans for the improved system and the Township Engineer shall calculate the estimated cost of the enlarged system. The pro rated 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

Escrow accounts. Where the off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township in a separate account until the improvement is constructed. In lieu of a cash escrow account, developers 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 surrendered. Off-tract improvements shall be considered "begun" if the Township has taken legal steps to provide for the design and financing of the improvements.

Referral to Township Committee.

Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Board shall forthwith forward to the Township Committee a list and description of all 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 until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of the list and description to the Township Committee without determination having been made, whichever comes sooner.

The Township Committee, within 90 days after receipt of the list and description, shall determine and advise the Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

In the event that the Board is required by law 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 determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Board shall, in its discretion, either determine the procedure to be followed in constructing the improvements, or shall condition its approval upon the subsequent determination of the Township Committee.

Implementation of off-tract improvements.

In all cases, developers shall be required to enter into an agreement or agreements with Southampton Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Southampton, Burlington County and the State of New Jersey and any departments, authorities or agencies thereof.

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 12-7.1, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract 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 Land Development Board to estimate, with the aid of the Township Engineer or any 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 the expense.

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 may be determined by the Board of Improvement Assessors.

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, the agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Southampton, County of Burlington 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 developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

In determining the procedures to be followed in the event of the submission of a list and request from the Land Development Board, as provided in Subsection 12-5.11c,6, the Township Committee shall be guided by the following considerations:

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of the development;

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

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 sub-regional facilities will be required in the future to serve the development tract and the general area of the municipality in which the development is located; and

The extent to which the health, safety and welfare of the residents, current and future, depend on the prompt implementation of the off-tract improvement.

Southampton Township
City Zoning Code

12-5.11 Off-tract

improvements.

[Amended 2-20-2024 by Ord. No. 2024-01]

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 of 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 necessitated or required by construction or improvements within the subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract improvements.

Improvements to be constructed at the sole 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 those lands to Southampton Township or Burlington 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 the lands on conditions it may deem appropriate under the circumstances.

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 Southampton Township or any department thereof, may be utilized in determining the developer's proportionate share of the improvements:

Water supply.

All necessary improvements and costs to the water supply and distribution system are to be determined by the Land Development Board and the recommendations of the Township Engineer and after consideration of the standards established by the utility providing water service to the site.

The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing water service to the site.

Sanitary sewers.

All necessary improvements and costs to the sanitary sewer system are to be determined by the Land Development Board based on the recommendations of the Township Engineer and after consideration of the standards established by the utility providing sewerage service to the site.

The developer's engineer shall prepare the plans for the improvement system or the extended system. All work shall be calculated by the developer and approved by the utility providing sewerage service to the site.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered by other regulations, 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:

The applicant shall provide the Board with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, the volumes shall analyze pedestrian, bicycle and motor vehicle traffic, together with all other information requested by the Board or by the consultants advising the Board.

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 prorated share shall be computed as follows:

Developer's Cost

Total Cost of Roadway

Improvement and/or Extension

=

Future Peak-Hour Traffic Generated

by the Development

Future Peak-Hour Traffic

The Board shall establish the cost of the anticipated improvements and the fair-share allocation of the improvements to be paid by the applicant after consideration of the traffic plan submitted by the applicant and any traffic plan or comments submitted by the consultants advising the Board.

The minimum percentage allocation shall be 2.5% of the cost of the anticipated improvements as established by the Board.

The allocation policy shall be applicable to any development which proposes:

Fifty or more residential units or

Is determined to have an impact of at least 0.5% based on the traffic study accepted by the Board.

The allocation policy shall not apply to developments with fewer residential units than, or having a smaller input than, these standards and no contribution shall be required of any such development.

Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basin, manholes, rip-rap 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:

The capacity and design of the drainage system to accommodate stormwater run-off 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.

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 developer's engineer shall prepare the plans for the improved system and the Township Engineer shall calculate the estimated cost of the enlarged system. The pro rated 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

Escrow accounts. Where the off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township in a separate account until the improvement is constructed. In lieu of a cash escrow account, developers 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 surrendered. Off-tract improvements shall be considered "begun" if the Township has taken legal steps to provide for the design and financing of the improvements.

Referral to Township Committee.

Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Board shall forthwith forward to the Township Committee a list and description of all 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 until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of the list and description to the Township Committee without determination having been made, whichever comes sooner.

The Township Committee, within 90 days after receipt of the list and description, shall determine and advise the Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

In the event that the Board is required by law 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 determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Board shall, in its discretion, either determine the procedure to be followed in constructing the improvements, or shall condition its approval upon the subsequent determination of the Township Committee.

Implementation of off-tract improvements.

In all cases, developers shall be required to enter into an agreement or agreements with Southampton Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Southampton, Burlington County and the State of New Jersey and any departments, authorities or agencies thereof.

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 12-7.1, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract 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 Land Development Board to estimate, with the aid of the Township Engineer or any 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 the expense.

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 may be determined by the Board of Improvement Assessors.

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, the agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Southampton, County of Burlington 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 developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

In determining the procedures to be followed in the event of the submission of a list and request from the Land Development Board, as provided in Subsection 12-5.11c,6, the Township Committee shall be guided by the following considerations:

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of the development;

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

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 sub-regional facilities will be required in the future to serve the development tract and the general area of the municipality in which the development is located; and

The extent to which the health, safety and welfare of the residents, current and future, depend on the prompt implementation of the off-tract improvement.