The Planning Board may grant a rehearing on any application which has
previously been denied, provided that the notice and publication required
for the original hearing have again been given and a rehearing fee of $100
paid.
As a condition for approval of a subdivision, the Planning Board may
require an applicant to pay his pro rata share of the cost of providing reasonable
and necessary street improvements and water, sewerage and drainage facilities
and easements therefor located outside the property limits of the development
but necessitated or required by construction or improvements within such development.
Such improvements shall be based on the circulation and comprehensive utility
service plans of the Borough-adopted Master Plan as required by N.J.S.A. 40:55D-42
and 40:55D-28. The proportionate or pro rata amount of the cost of such facilities
that shall be borne by each developer or owner within a related and common
area shall be computed by the Borough Engineer or such other persons as requested
by the Planning Board according to the following formulas. Where an applicant
pays the amount determined as his pro rata share under protest, he shall institute
legal action 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.