A.
Prior to the filing of a final subdivision plat or recording of minor
subdivision deeds or as a condition of final site plan approval, or
as a condition to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65, the developer shall have completed installation or shall
have furnished performance guaranties for the ultimate installation
of the following on-tract improvements within the development as or
to the extent approved or required by the Board; provided, however,
that if the Board finds that a developer does not intend to develop
any or a portion of the property in the foreseeable future, the Board
may defer the furnishing of a performance guaranty as to any such
item until such time as work thereon is commenced, upon the establishment
of adequate safeguards for such deferred guaranty:
[Amended 6-11-2018 by Ord. No. 12-18]
(1)
Pavement.
(2)
Gutters, curbs or combined gutters and curbs.
(3)
Sidewalks.
(4)
Off-street parking and loading areas.
(5)
Street trees.
(6)
Streetlighting.
(7)
Surveyors' monuments.
(8)
Streets.
(9)
Water mains.
(10)
Sanitary sewers.
(11)
Community septic systems.
(12)
Drainage structures.
(13)
Public improvements of open space.
(14)
Any gradings necessitated by the preceding improvements.
(15)
Privately owned perimeter buffer landscaping.
B.
In no event shall sewer laterals be laid until the rough grading is completed, and no roads shall be paved until all heavy construction is completed. Occupancy permits will not be issued until all utilities have been installed and all road improvements completed. No improvements shall be installed until all final plat details required by § 225-63 and all final site plan details required by § 225-68C have been complied with and until a final plat or final site plan is submitted to the Board and Township Engineer for their preliminary approval.
C.
If the installation of streetlighting has been made
a condition of approval of an application for development on a dedicated
public street, then upon notification, in writing, by the developer
to the approving authority and Township Committee that the streetlighting
on a dedicated public street has been installed and accepted for service
by the public utility and that certificates of occupancy have been
issued for at least 50% of the dwelling units and 50% of the floor
area of the nonresidential uses on the dedicated public street or
portion thereof indicated by section, the Township shall, within 30
days following receipt of the notification, make appropriate arrangements
with the public utility for and assume the payment of the costs of
the streetlighting on the dedicated public street on a continuing
basis. This shall not be deemed to constitute acceptance of the street
by the Township.
[Added 10-13-1992 by Ord. No. 10-92]
[Amended 12-9-1996 by Ord. No. 8-96]
A.
Pursuant to N.J.S.A. 40:55D-1 et seq., where the need
for off-site or off-tract improvements is deemed necessary as a result
of the proposed development application, the Planning Board or Board
of Adjustment may require the applicant, as a condition of subdivision
or site plan approval, to construct or contribute its pro rata share
of the cost of such off-site or off-tract improvements in accordance
with the provisions of this chapter. Off-site or off-tract improvements
shall include:
(1)
Street improvements, water, sewer, drainage or other
facilities or improvements of the types described in this chapter
for on-site installation, where the need for the provision of such
improvements off-site or off-tract is, in whole or part, made necessary
by the proposed development application and where the making of such
improvements will confer a benefit upon the applicant's property which
is the subject of the application for development.
(2)
Any improvement or facility, the installation of which
is required in the public interest and the public need for which would
not arise but for the improvement of the property which is the subject
of the development application and the installation of which would
confer a benefit upon the applicant's property which is the subject
of the development application. In addition to improvements of the
type described in this chapter and referred to above, improvements
required to maintain a safe flow of vehicular and pedestrian traffic
are specifically declared to be necessary in the public interest.
(3)
The installation of new or the extension or modification
of existing improvements made necessary in whole or in part by the
development application for which the applicant's property will be
benefitted by the improvement.
B.
Prior to the granting of final approval of any subdivision
or planned development and prior to the issuance of any building permits
for any land use requiring site plan approval pursuant to this chapter,
or for any residence or other use of land on an unimproved street
or where any off-site or off-tract improvements have not yet been
installed, the developer shall pay its pro rata share of the cost
of providing any reasonable and necessary street improvements, water,
sewer or drainage facilities, and easements therefor, located outside
the property limits of the development but which are necessitated
or required by construction or improvements within the development.
All payments shall be made in the manner set forth hereinafter, it
being the intent of this section that the developer shall bear that
portion of the cost of the improvements which bears a rational nexus
to the needs created by the development and/or the benefits conferred
upon such development.
C.
The Planning Board or Board of Adjustment, as the
case may be, shall review each development application and determine
the need for off-site or off-tract improvements and the total cost
therefor. The Board shall determine the amount, if any, by which all
properties serviced thereby, including the applicant's property, will
be specially benefitted therefrom.
(1)
In cases where reasonable and necessary off-site or
off-tract improvements are required and where no other property owners
will be specially benefitted by the installation of such improvements,
the Board shall require that the applicant, as a condition of approval,
and at the applicant's expense, provide for and construct such improvements
as if such improvements were located on-site.
(2)
In cases where the need for any off-site or off-tract
improvements are required and where the Board determines that properties
other than the applicant's will also be benefitted by the improvement,
the Board shall forward to the Township Committee a report containing
a list and description of all such improvements, together with its
request that the Township Committee determine, as set forth hereinafter,
how the improvements should be undertaken.
D.
Where the Planning Board or Board of Adjustment has
determined that properties other than the applicant's will specially
benefit from the installation of off-site or off-tract improvements,
and has forwarded a report to the Township Committee, the Township
Committee shall, within 45 days, make the following determinations:
(1)
That the recommended off-site or off-tract improvement
should be undertaken in the manner recommended by the Board or whether
the Committee is of the opinion that an alternative improvement should
be considered by the Board.
(2)
Whether the improvement should be constructed or installed
by the Township as a general improvement or as a local improvement.
(3)
Whether the improvement is to be constructed or installed
by the developer under a formula providing for partial reimbursement
by the Township or otherwise for benefits to properties other than
that which is the subject of the development, where appropriate.
(4)
The Township Engineer shall estimate, with the aid
of such Township officials or departments or other persons having
pertinent information or expertise, the cost of the improvement and
the amount by which all properties to be serviced thereby, including
the developer's property, will be specially benefitted therefrom.
(5)
Once the Township Committee has made the determinations
described above, the developer shall be required, as a condition of
final approval of the development, to provide a combination of performance
and maintenance guaranties, cash contributions, developer's agreements
and/or other forms of surety permitted by law, to insure payment to
the Township of one of the following amounts:
(a)
If the improvement is to be constructed by the
Township as a local improvement, the developer's proportionate share
of the total cost of the improvement.
(b)
If the improvement is to be constructed by the
developer, the total cost of the off-site or off-tract improvement
less an offset for the value of the special benefit, if any, to properties
other than the developer's.
E.
The amounts of money required pursuant to this section
shall be estimated sums, and such amounts shall be redetermined by
the Township Engineer following completion of all off-site and off-tract
improvements to ensure that the developer shall pay only its pro rata
share of the cost thereof. In the event that the payment made by the
developer is less than its share of the actual cost of the improvements,
then the developer shall be required to pay its additional proportionate
share of the cost thereof.
F.
Should the developer pay the portion of the cost of
improvements determined to be its pro rata share under protest, legal
action shall be instituted within one year of such payment in order
to preserve the right to a judicial determination as to the fairness
and reasonableness of such amount.
G.
In the event that the developer shall not be required
to install the off-site or off-tract improvements but is required
to pay its pro rata share of the cost therefor, then in that event
there shall be paid to the Township Chief Financial Officer the amount
of the developer's share of the determined cost of the off-site or
off-tract improvement. All moneys received by the Township in accordance
with the provisions of this section shall be deposited in an interest-bearing
account, and such funds shall only be used for improvements for which
they are deposited or improvements serving the same purpose. If the
improvements are not initiated within 15 years from the date of payment,
or other mutually agreeable period of time, all deposited funds shall
be returned to the developer, or its legal successor in interest,
together with accumulated interest, less 10% of accumulated interest
for administrative costs. If after reasonable and diligent inquiry,
the Township is unable to locate the developer or its successor in
interest in order to return said funds, then the funds shall be placed
in the Township's general capital improvement fund and shall not be
returnable to the developer thereafter.
A.
All of the on-site and off-site or off-tract improvements
described in this chapter, which are to be installed by the developer,
shall be subject to inspection and approval by the Township Engineer,
who shall be notified by the developer at least 24 hours prior to
the start of construction. No underground installation shall be covered
until inspected and approved.
B.
Inspection by the Township Engineer or other Township
officials of the installation of improvements and utilities by the
developer shall not operate to subject the Township to liability for
claims or suits of any kind that may arise because of defects or negligence
during construction or at any time thereafter, it being recognized
that the responsibility to maintain safe conditions at all times during
construction and to provide proper utilities and improvements is upon
the developer and his contractors.
