As a condition of preliminary approval and prior
to any construction and to the filing of an application for final
approval of a subdivision or site plan, the applicant shall have made
cash payments, or, with the consent of the Town, installed all off-tract
improvements stipulated by the Planning Board in the manner provided
below with respect to the immediate or ultimate installation of any
required off-tract improvements stipulated by the Planning Board.
The allocation of costs for off-tract improvements
as between the applicant, other property owners and the Town, or any
one or more of the foregoing, shall be determined by the Planning
Board, with the assistance of the appropriate Town agencies, on the
basis of the total cost of the off-tract improvements, the increase
in market values of the property affected and any other benefits conferred,
the needs created by the application, population and land use projections
for the general area of the applicant's property and other areas to
be served by the off-site improvements, the estimated time of construction
of the off-site improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
Requirements for off-tract improvements shall be consistent with Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following
criteria may also be considered, as well as any other reasonable criteria.
A.
Street, curb, sidewalk, shade trees, streetlights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Planning Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the application and the anticipated benefit thereto.
B.
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
(1)
The percentage relationship between the acreage of
the application and the acreage of the total drainage basin.
(2)
The use of a particular site and the amount of area
to be covered by impervious surfaces on the site itself.
(3)
The use, condition or status of the remaining area
in the drainage basin.
C.
Water supply and distribution facilities may be also
based upon the added facilities required by the total anticipated
water use requirements of the property of the applicant and other
properties in the general area benefiting therefrom.
D.
Sewerage facilities may be based upon the proportion
that the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment or
added costs for treatment. In the event the applicant's property shall
be permitted to be connected to existing sewer facilities, the applicant
shall pay a charge or be assessed in accordance with law.
The cost of installation of the required off-tract
improvements shall be determined by the Planning Board with the advice
of the Town Engineer and appropriate Town agencies.
When those estimates are received and the work
is not to be done exclusively by the applicant as specified by the
Planning Board, the Board of Aldermen shall then decide whether the
off-tract improvement is to be constructed:
When the manner of construction has been determined,
the applicant may be required to provide a cash deposit to the Town
in one of the following amounts:
A.
If the improvement is to be constructed by the Town
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-tract
improvement.
B.
If the improvement is to be constructed by the Town as a local improvement, then in addition to the amount referred to in Subsection A, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
C.
If the improvement is to be constructed by the applicant,
an amount equal to the estimated cost of the off-tract improvement,
less and offset for benefits to properties other than the subject
property.
A.
The estimated costs of the off-tract improvement allocated
to the applicant if deposited in cash, shall be paid by the applicant
to the Town Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Town within a period
of 10 years from the date of payment, after which time the funds so
deposited shall be returned together with accumulated interest or
other income thereon, if any.
B.
In the event the payment by the applicant to the Town
Treasurer provided for herein is less than its share of the actual
cost of the off-tract improvements, then the applicant shall be required
to pay its additional appropriate share of the cost thereof.
C.
In the event the payment by the applicant to the Town
Treasurer provided for above is more than its appropriate share of
the actual cost of installation of the off-tract improvements, it
or its successors or assigns, shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
D.
If the applicant shall deem that any of the amounts
so estimated by the Planning Board are unreasonable, it may challenge
them and seek to have them revised in appropriate proceedings brought
to compel subdivision approval.
E.
If the applicant and the Planning Board cannot agree
with respect to the applicant's appropriate share of the actual cost
of the off-tract improvement, or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-tract improvement is to be constructed as a local
improvement, no approval shall be granted; provided, however, that
the applicant may challenge such determination and seek to have it
revised in appropriate judicial proceedings in order to compel subdivision
or site plan approval.
Upon receipt from the applicant of its allocated
share of the costs of the off-tract improvements, the Town may adopt
a local improvement assessment ordinance for the purpose of construction
and installation of the off-tract improvements based upon the actual
cost thereof. Any portion of the cost of the improvements not defrayed
by a deposit by the applicant may be assessed against benefiting property
owners by the Town. Any assessments for benefits conferred made against
the applicant or his successors in interest shall be first offset
by a pro rata share credit of the allocated costs previously deposited
with the Town Treasurer pertaining thereto. The applicant or his successors
in interest shall not be liable for any part of an assessment for
such improvements unless the assessment exceeds the pro rata share
credit for the deposit, and then only to the extent of the deficiency.
In the event the applicant, with the Town's
consent, decides to install and construct the off-tract improvement,
or any portion thereof, the certified cost shall be treated as a credit
against any future assessment for that particular off-tract improvement,
or portion thereof, constructed by the Town in the same manner as
if the subdivider had deposited its apportioned cost with the Town
Treasurer, as provided herein.
A.
At the discretion and option of the Town and with
the consent of the applicant, the Town may enter into a contract with
the applicant, providing for the installation and construction of
the off-tract improvements by the applicant upon contribution by the
Town of the remaining unallocated portion of the cost of the off-tract
improvement.
B.
In the event the Town so elects to contribute to the
cost and expense of installation of the off-site improvements by the
applicant, the portion contributed by the Town shall be subject to
possible certification and assessment as a local improvement against
benefiting property owners in the manner provided by law, if applicable.
Should the applicant and the Town enter into
a contract for the construction and erection of the off-tract improvements
to be done by the applicant, it shall observe all requirements and
principles of this and other Town ordinances, in the design of such
improvements.
