This article is intended to ensure a pro rata
share allocation of the costs for off-tract improvements necessitated
by new development.
As a condition of final subdivision or site
plan approval, the reviewing board may require an applicant to pay
his or her pro rata share of the cost of providing reasonable and
necessary off-tract improvements directly related to the development.
These costs may include the acquisition of land and/or easements for,
and construction of, improvements to traffic and pedestrian circulation,
water, sewerage and drainage facilities, and shade trees that are
located off-tract of the property limits of the subdivision or development.
This contribution is required because the improvements are necessitated
or required directly by the development. In addition, a development
may be liable for its share of the cost of the impact of the development
to Township and/or regional capital improvements, provided that the
cost shall not duplicate off-tract improvements for which the applicant
is primarily responsible. The reviewing board shall provide in its
resolution of approval the basis of the required improvements.
Where the proposed off-tract improvement is
to be undertaken at some future date, the monies required for the
improvement shall be deposited in a separate interest-bearing account
to the credit of the Township of Delran until such time as the improvement
is constructed. If the off-tract improvement is not begun within 10
years of deposit, all monies and interest shall be returned to the
applicant.
Upon receipt from the applicant of its allocated
share of the costs of the off-tract improvements, the Township 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 Township. Any assessments for benefits
conferred made against the applicant or its successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Township pertaining thereto. The
applicant or its 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 previously deposited, and then only
to the extent of the deficiency.
In the event that the applicant, with the Township's
consent, decides to install and construct the off-tract improvements
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 Township in the same manner
as if the applicant had deposited its proportionate cost with the
Township, as provided herein.
At the discretion and option of the Township
and with the consent of the applicant, the Township may enter into
a contract with the applicant providing for the installation and construction
of off-tract improvements by the applicant upon contribution by the
Township of the remaining unallocated portion of the cost of the off-tract
improvement.
[Amended 5-23-2006 by Ord. No. 2006-6]
Should the applicant and the Township enter
into a contract for the construction and erection of the off-tract
improvements to be done by the applicant, the applicant shall observe
all requirements and principals of this article in the design of such
improvements and conform to the New Jersey Stormwater Management Rules.