[Added 6-7-2021 by Ord. No. 21-15C[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. VI, Administration and Enforcement, and Art. VII, Exemptions, as Articles VII and VIII, respectively.
In cases where the need for an off-tract improvement is created by the proposed subdivision and where no other property owners receive a special benefit thereby, the Planning Board may recommend to the governing body that it require the subdivider or developer, as a condition for subdivision approval at the subdivider's or developer's expense, to acquire lands outside of the subdivision or tract and improve and dedicate such lands to the township or the county or, in lieu thereof, require the subdivider or developer to deposit with the township a sum of money sufficient to allow the municipality to acquire and improve such lands.
A. 
In cases where the need for any off-tract improvement is created by the proposed subdivision and where the Planning Board determines that properties outside the subdivision or tract will also be benefited by the improvement, the Planning Board shall forthwith forward to the municipal governing body a list and description of all such improvements, together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Planning Board shall withhold action upon the subdivision until the expiration of 60 days after the forwarding of such list and description to the governing body without such determination having been made, whichever occurs sooner.
B. 
The governing body, within 60 days after receipt of said list and description, shall determine and advise the Planning Board whether:
(1) 
The improvement or improvements are to be constructed or installed by the municipality:
(a) 
As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
(b) 
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40, of the New Jersey Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
(2) 
The improvement or improvements are to constructed or installed by the subdivider or developer under a formula for partial reimbursement as hereinafter set forth.
C. 
If the governing body shall determine that the improvements shall be constructed or installed under Subsection B(1)(a) above, the Planning Board shall estimate, with aid of the Municipal Engineer or such other persons as 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 subdivision or tract, will be specially benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
D. 
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(1)(b) above, the Planning Board shall, as provided in Subsection C of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes, except to the extent modified by the obligation of the subdivider or developer of any excess of total costs over total benefits conferred, as set forth above.
E. 
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection B(2) above, the Planning Board shall in like manner estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against the property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
F. 
If the governing body shall not adopt such ordinance or resolution within said time, the final subdivision layout shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
The permitted and required guarantees and regulations relating thereto are set forth in Chapter 103.
All moneys paid by a subdivider or developer pursuant to this chapter shall be paid over to the Chief Financial Officer of the township, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
Upon completion of off-tract improvements required pursuant to this Article, the subdivider's or developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the subdivider or developer. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.
All estimates required to be made by the Planning Board for off-tract improvements herein shall be reviewed and approved by the governing body prior to final action thereon.