N.J. Admin. Code § 19:7-5.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:7-5.1 - Transportation development fee formula

(a) The Transportation Development Fee Formula, listed in Figure 5-1 below, shall be used for computing the transportation development fee for each land use within a proposed development.

Figure 5-1

Transportation Development Fee Formula

Fee = (ITE Trip Generation Rate) x (VMT Factor) x (VMT Rate)

where:

ITE = Institute of Transportation Engineers

VMT = Vehicle Miles of Travel

(b) The terms above shall have the following meanings:

1. "Trip Generation Rate" means the determination of the number of trips produced by and attracted to each land use.

2. "VMT Factor" means the average number of vehicle miles traveled for each trip type, categorized by land use.

3. "VMT Rate" means the dollar amount to be assessed for every vehicle mile traveled as calculated in accordance with (c) below.

(c) The Trip Generation Rate shall be determined by calculations based upon the Institute of Transportation Engineers (ITE) Trip Generation: An ITE Informational Report, 8th Edition, and ITE Trip Generation Handbook, June 2004, both incorporated herein by reference, as amended and supplemented, copies of which can be obtained from the Institute of Transportation Engineers, 525 School Street, S.W., Suite 410, Washington, DC 20024;

1. The land use category selection for the determination of each Trip Generation Rate, as determined by the NJMC, shall be based upon the descriptions within the ITE Trip Generation: An ITE Informational Report as they correspond to the existing and proposed land uses.

i. Secondary land uses shall be included within the primary land use category under the following conditions:

(1) The secondary land use is included within the ITE Trip Generation: An ITE Informational Report description of the primary land use;

(2) The total of all secondary land uses shall not exceed 20 percent of the primary land use;

(3) Secondary uses are utilized in the calculation of fees for all existing and proposed land uses; and

(4) The fee calculation using secondary land use categories is less than the fee calculation performed using only primary land use categories.

ii. Secondary land uses in excess of 20 percent of the primary land use shall be considered separately as additional primary land use(s).

2. The terms utilized in the ITE Trip Generation: An ITE Informational Report for determining the Trip Generation Rate shall have the following meanings:

i. "Independent variable" means a physical, measurable, and predictable unit quantifying the land use, including, but not limited to, gross floor area, dwelling unit, hotel room, and acreage.

ii. "Time period" refers to the peak time period of vehicular travel for the transportation system or development, including, but not limited to, peak hour, peak hour of adjacent street traffic, and peak hour of generator.

iii. "Regression equation" means the specific mathematical relationship between trips and the related independent variable.

iv. "Average rate" means the number of trips per unit of the independent variable. The rate assumes a linear relationship between trips and the independent variable.

3. The selection of an independent variable for the Trip Generation Rate shall be as follows:

i. All industrial, retail, office, and medical uses shall utilize gross floor area as the independent variable.

ii. All residential uses shall utilize dwelling unit as the independent variable.

iii. All hotel/lodging land uses shall utilize the number of rooms as the independent variable.

iv. All port and terminal, recreational, institutional, and service uses shall utilize the independent variable that is the cause for the variation in the number of trips generated by a land use, as determined by the NJMC.

v. When information for the independent variable specified above is not available from the ITE Trip Generation: An ITE Informational Report, the independent variable shall be selected based upon the methods of the ITE Trip Generation Handbook, as determined by the NJMC.

4. The selection of the time period for the Trip Generation Rate shall utilize the information available for the morning and evening peak hour of adjacent street traffic.

i. When peak hour of adjacent street traffic information is unavailable, the time period selected shall utilize the information available for A.M. and P.M. peak hour of generator.

ii. If neither peak hour of adjacent street traffic nor peak hour of generator is available, a similar ITE land use category may be used or adjusted if an appropriate procedure for the adjustment is approved by the NJMC. If a similar ITE land use category cannot be used or adjusted, a trip generation study following the procedures of the ITE Trip Generation Handbook (subject to the approval of the NJMC) shall be prepared by a New Jersey-licensed professional engineer or professional planner specializing in transportation, or other individual determined by the NJMC to be qualified as an expert in traffic engineering.

5. The Trip Generation Rate shall be calculated following the procedure detailed in the ITE Trip Generation Handbook subject to the determination of the NJMC.

6. The procedure for rounding trip generation calculations shall be as follows:

i. Any trip generation calculations resulting in less than one total trip shall be rounded down to zero; and

ii. Any trip generation calculations resulting in a fraction greater than one total trip shall be rounded up to the nearest trip.

(d) The VMT Factor is listed in the table entitled, "Average Trip Length Factors," located in the Meadowlands District Transportation Plan.

1. Unless a specific sub-category value is provided, the general land use category factor shall be utilized.

(e) The VMT Rate is listed in the table entitled, "Calculation of Fee per Vehicle Mile," located in the Meadowlands District Transportation Plan.

1. The Vehicle Mile of Travel (VMT) Rate shall be adjusted annually on the first day of February based upon the Consumer Price Index for the Northeast Urban Series, as released in January of the same year, or reset by the NJMC's adoption of an updated version of the Plan.

2. A temporary moratorium on the VMT rate adjustment may be instituted on an annual basis by the NJMC Executive Director, upon recommendation by the Chief Engineer and Chief Fiscal Officer. Upon completion of the moratorium, the VMT rate shall be adjusted by the current Consumer Price Index.

N.J. Admin. Code § 19:7-5.1

Administrative correction.
See: 41 N.J.R. 2143(a).
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (e)1, substituted "adjusted" for "increased"; and added (e)2.