[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.[1]
B.
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.
A.
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.
B.
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[1] 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.
A.
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.
B.
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.