[HISTORY: Adopted by the City Council of the City of Somers Point 12-17-1987 as Ord. No. 12-1987. Amendments noted where applicable.]
It is the intent of this chapter to alleviate negative impacts from development on essential services of the city and should not be construed to replace existing zoning and planning laws of the city.
Said funds shall be established in the official depository for the City of Somers Point in an interest-bearing account, and said interest shall remain in and follow the principal for use to supplementally fund future fire protection, public safety and recreation facilities needs as a result of development in the City of Somers Point.
The moneys contained in said funds shall be expended by ordinance only and used solely for meeting capital expenditures needed for additional fire protection, public safety and recreation facilities in the City of Somers Point as a direct result of new development in an effort to maintain present rates.
The Mayor (as a member of the Planning Board), the Council Representative to the Planning Board, the Council Chairman of Finance and the Building Inspector (as a technical advisor) shall have the power to negotiate with developers who develop either residential or commercial development that impact on the fire, public safety and recreational facility rates and, by doing so, cause capital expenditures in order to effect or maintain the present rate.
If a developer should apply to the Zoning Board of Adjustment to develop either residential or commercial projects, the negotiating committee shall consist of the Chairman of the Zoning Board of Adjustment or an alternate member appointed by the Chairman, the Council person chairing finance and the Building Inspector.
Said negotiations shall be based on a per-unit price for each development or as otherwise appropriately determined by the Council. Said fund shall be paid to the city by the developer in addition to any other funds or municipal improvements mandated by the Developmental Ordinance of the City of Somers Point and deposited in the aforementioned trust funds.
The Mayor and Council shall have the final approval of such negotiations before said negotiations shall be binding on the City of Somers Point. Said approval shall not be capricious or otherwise arbitrary and shall be consistent with other similar approvals.
All funds shall be expended from said account based on the capital needs of the Fire Department. Public Safety Department and Recreation Facility Department as requested by said Department and approved by the Mayor and Council. Funds expended from said account shall be used solely to directly maintain the present rates of said Department. Funds shall not be used in such a manner that a developer is paying for upgrading or improving the present system. Such upgrading or improvement shall be generally shared by the community of Somers Point as a whole and spread throughout the community in appropriate taxes.
Any funds so expended shall be transferred from said account to the capital account of the city by a check signed by the Mayor, Treasurer and Clerk and expended in accordance with the rules and regulations of the Division of Local Government Services.