N.J. Admin. Code § 19:7-5.2

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

Section 19:7-5.2 - Transportation Development Fee Formula reductions

(a) Reductions to the transportation development fee may be applied to a proposed development in accordance with this section.

(b) The terms utilized in the ITE Trip Generation Handbook shall have the following meanings:

1. "Existing trips" means trips that are generated by existing land uses on a site.

2. "Pass-by trips" means trips that are made as intermediate stops on the way from an origin to a primary trip destination without a route diversion.

3. "Diverted trips" means trips that are made as intermediate stops on the way from an origin to a primary trip destination that are made with a route diversion.

4. "Non-primary trips" means the total of all pass-by and diverted trips.

5. "Internal capture rate" means the percentage reduction applicable to the trip generation rates for individual land uses to account for the internal trips within a multi-use site that do not impact the surrounding transportation network.

(c) The fee associated with trips generated by any existing development on the subject site shall be subtracted from the transportation development fee calculated for the proposed development, as follows:

1. The fee for the existing development shall be calculated in accordance with 19:7-5.1.

2. The level of existing development on the site shall be determined by the following:

i. The development that generated the maximum vehicle miles traveled at any time during the previous 10 years; or

ii. The transportation development fee paid for a proposed development resulting in the maximum vehicle miles traveled at any time during the previous 10 years.

(d) All pass-by, diverted and internal trips and associated vehicle miles traveled generated by a proposed development shall be reduced from the resulting transportation development fee as follows:

1. The percentage of all trip reductions shall be calculated in accordance with the ITE Trip Generation Handbook, as determined by the NJMC.

i. Land uses shall qualify for pass-by and diverted trip reductions if the data is available in the ITE Trip Generation Handbook.

(1) The non-primary trip percentage shall be the sum of the diverted and pass-by trip percentages.

(2) As listed in the ITE Trip Generation: An ITE Informational Report, land use 814, Specialty Retail Center, shall utilize the non-primary trip percentage data available for land use 820, Shopping Center, until data becomes available in an amended or supplemental version of the ITE Trip Generation Handbook.

(3) As listed in the ITE Trip Generation: An ITE Informational Report, land use 813, Free-Standing Discount Superstore, shall utilize the non-primary trip percentage data available for land use 815, Free-Standing Discount Store, until data becomes available in an amended or supplemental version of the ITE Trip Generation Handbook.

ii. Internal trips shall be calculated utilizing the forms within the ITE Trip Generation Handbook entitled, "Multi-use Development Trip Generation and Internal Capture Summary."

(1) The Chief Engineer may permit the utilization of the midday peak hour internal capture rates to calculate the A.M. peak hour internal capture for applicable land uses that do not have A.M. peak hour internal capture rates, until data becomes available in an amended or supplemental version of the ITE Trip Generation Handbook.

2. Trip reductions shall be calculated as a percentage.

3. The percentage of internal and non-primary trips shall be reduced from the peak hour trips in accordance with the following:

i. The percentage of A.M. internal and non-primary trips shall be reduced from the A.M. peak hour trips, as determined by the NJMC.

ii. The percentage of P.M. internal and non-primary trips shall be reduced from the P.M. peak hour trips, as determined by the NJMC.

N.J. Admin. Code § 19:7-5.2

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 the introductory paragraph of (d), deleted a comma following "diverted"; and added (d)1ii(1).