Before final approval of a subdivision or site
plan, the municipal agency may require, in accordance with the standards
of this chapter and an adopted circulation, utility service, public
facilities and/or open space plan, as shown on the Official Map, the
installation, or the furnishing of a performance guaranty in lieu
thereof, of any or all of the following off-tract improvements which
are necessary or appropriate for the protection of the public interest
by reason of the development's effect on land other than the developer's
property: street improvements, water system, sewerage, drainage facilities
and easements therefor.
A. Essential off-tract improvements.
(1) In cases in which a development has no direct access
to a public street, improved and meeting the standards of N.J.S.A.
40:55D-34 and 40:55D-35, the municipal agency may, nevertheless, grant
plat approval if otherwise meeting the requirements of this chapter
if the developer shall acquire, improve and dedicate to the Township
such street between the development and an existing improved public
street as shall be approved by the municipal agency and the Mayor
and governing body. Such off-tract connections shall be subject to
the provisions of this Article as if they were required improvements
for the development. The dedication thereof shall be subject to approval
of the Township Solicitor as to form. The provisions of this section
shall be applicable only upon the request of the developer.
(2) In cases in which surface or other drainage waters
are to be diverted from the proposed development into other drainage
facilities, ditches or stormwater systems or onto other lands or onto
any street or roadways and it appears that such off-tract facilities
are not adequate to accommodate the additional waters from the site
of the applicant or the volume in which the water from the site of
the applicant will be discharged or that the changes in grade on site
or diversion of surface waters therefrom will be likely to cause damages
to other properties or facilities so that provision is required to
extend or enlarge or create publicly controlled drainage facilities
off tract, and the need for such additional, enlarged and/or new off-tract
facilities is occasioned by the needs of the applicant and the proposed
development, and that the costs of such additional, enlarged or new
facilities will not be an unreasonable burden upon the applicant if
borne solely by the applicant in the light of the relationship of
such costs to the entire project of the applicant, the municipal agency
may, nevertheless, grant final approval if the developer shall acquire,
improve and dedicate to the Township such enlarged, additional or
new drainage facilities, as the case may be, as shall be approved
by the municipal agency and the Mayor and governing body. Such off-tract
drainage improvements shall be subject to the provisions of this Article
as if they were required improvements within the development. The
dedication thereof shall be subject to approval of the Township Solicitor
as to form. In lieu of the developer's performing such off-tract drainage
work, the developer and the Mayor and governing body may enter into
an agreement for such work to be performed by the Township or its
contractors at the costs of the developer. The provisions of this
section shall be applicable only upon the request of the developer.
B. Determination of off-tract improvements by municipal agency. Where the municipal agency shall determine that off-tract improvements would be essential to the development, as set forth in Subsection
A(1) and
(2) above, and particularly where the off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties, including the property of the developer specially benefited thereby, then the provisions of this subsection shall apply as follows:
(1) At such time during the processing of the development
application as the desirability of such off-tract improvements shall
become apparent to the municipal agency, but in no event beyond the
time for the action on the preliminary plat, the municipal agency
shall refer the matter of off-tract improvements to the Mayor and
governing body, with recommendations to the Mayor and governing body
with regard thereto.
(2) If the Mayor and governing body agrees that the matter
should be considered, then the Township Engineer or other authority
retained by the Mayor and governing body for such purpose shall determine
the nature of the off-tract improvements required or likely to be
required in the area, including the following:
(a)
The needs created by the applicant's proposed
on-site construction or work.
(b)
The then-existing needs in the area, notwithstanding
any work of the applicant.
(c)
The reasonable anticipated improvements or foreseeable
work on other lands in the area.
(3) Said Engineer or other authority shall determine the
total estimated costs of such estimated work, including all costs
which would be included in any local improvement ordinance which said
Township would be authorized to adopt for said project and including
construction costs, engineering costs, costs of any easement or right-of-way
acquisition, legal and advertising costs, contingencies and bonding
and assessment costs.
(4) Said Engineer or other authority shall further determine
from the nature of the area and the nature of the work and estimated
costs the anticipated amount that the lands of the applicant would
be expected to be assessed under local improvement procedures pursuant
to N.J.S.A. 40:56-21 et seq., as the same may be amended and supplemented
from time to time.
(5) The Engineer or other authority shall report to the Mayor and governing body the scope of the recommended project, the estimated total costs, as computed under Subsection
B(3) above, and the estimated share of the subdivider, as computed under Subsection
B(4) above.
(6) Based upon the report of the Engineer or other authority,
as aforesaid, and the recommendations of the municipal agency, the
Mayor and governing body shall determine whether to undertake such
off-tract improvements or portions thereof as a local improvement,
the costs of which will be specially assessed against properties benefited
thereby in proportion to and not in excess of the benefits received,
pursuant to N.J.S.A. 40:56-1 et seq.
(7) If the determination of the Mayor and governing body
shall be that the governing body will not adopt such ordinance for
the making of such improvements as a local improvement, the final
development layout shall be designed accordingly, and the municipal
agency shall base its further proceedings upon such determination.
(8) If the determination of the Mayor and governing body
shall be that the governing body shall proceed to adopt such local
improvement ordinance, it shall proceed in the following manner:
(a)
If sufficient Township funds are available for
the initial appropriation required for said ordinance, the governing
body may proceed to appropriate such funds and adopt such ordinance,
and all subsequent proceedings for the making and for the assessment
of the costs of the off-tract improvements shall be in accordance
with such ordinance and the aforesaid statutes of New Jersey and the
final development layout shall be compatible with the off-tract improvements,
and the municipal agency shall proceed accordingly.
(b)
If sufficient Township funds are not available for the initial appropriation required for said ordinance, the Mayor and governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed, accepting the recommendations of the Township Engineer or other authority under Subsection
B(4) above or making its own determination as to such estimated amount.
[1]
The amount so determined by the Mayor and governing
body shall then be deposited by the applicant with the Township Chief
Financial Officer prior to final approval of the development and prior
to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Township concerning the uses
of same, which shall include the following stipulations:
[a] That said funds shall be used by the Township solely for the construction of such off-tract improvements as specified in said agreement and for the other expenses incidental thereto, as more particularly set forth in Subsection
B(3) above, and the acquisition of any easements or right-of-way in connection therewith.
[b] That such deposit may be appropriated
by the Township, with other funds of the Township, toward the accomplishment
of such purposes and, in that connection, may be commingled with such
other funds so appropriated and may be expended by the Township in
connection with such purposes.
[c] That if such deposit is not used
by the Township within a specified time agreed upon by the applicant,
said funds shall be returned to the applicant.
[d] That, upon completion of the work
by the Township or its contractors, the properties specially benefited
by such improvement shall be assessed as provided by law, including
the property of the applicant.
[e] That such deposit of the applicant
shall be credited against the assessment made upon the applicant's
property, whether or not the applicant is then the owner thereof.
[f] That if such deposit shall have
been less than the amount ultimately assessed and confirmed against
such property, then the then owner or owners of said property shall
pay the difference between the deposit and such assessment, or if
the deposit shall exceed the amount so assessed and confirmed, the
excess shall be refunded to the applicant, without interest.
(c)
In any case where, although the off-tract improvement may not be found to be the type of essential off-tract improvements as defined in Subsection
A(1) or
(2) hereof, said off-tract improvements are found by the municipal agency to be advisable and important to the sound development of the site and the governing body has concurred in said findings and has determined to proceed in accordance with Subsection
B(8) hereof, particularly Subsection
B(8)(b)[1] and
[2] above, but the developer is unwilling to make such deposit as specified thereunder, then, and in that event, there shall be no final approval of said development until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(d)
The determination of the availability of Township funds for appropriation to a local improvement ordinance, as provided in Subsection
B(8)(b) and
(c) above, shall be in the sole discretion of the governing body.
(9) The determination of the governing body as to whether to proceed toward the adoption of a local improvement ordinance under Subsection
B(7) or
B(8) above shall be made as soon as practicable after referral by the municipal agency, but, in any case, the governing body shall make such determination within a sixty-day period, or within such time as extended, the municipal agency may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
Public notice shall be given by all applicants
for major site plan approval. A public notice is not required for
minor site plan applications.
Certificates of approval shall be required as provided in §
91-21.
[Added 5-5-1999 by Ord. No. 1999-9]
A. Conditions precedent.
(1)
Whenever any application for development is
approved subject to specified conditions intended to be fulfilled
before the approval becomes effective, such conditional approval shall
lapse and become null and void unless all specified conditions, other
than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within
190 days of the date of conditional approval.
(2)
Proof that applications have been filed with
all other agencies having jurisdiction over any aspect of the application
for development shall forthwith be filed with the municipal agency.
(3)
The fulfillment of all other conditions precedent
shall forthwith be reported, in writing, to the municipal agency,
which may cause such reports to be verified in an appropriate manner.
Only upon fulfillment of all conditions shall any subdivision map
or site plan be signed or any required building permit, occupancy
permit or zoning permit be issued.
(4)
When all conditions have been fulfilled with
respect to any minor or major subdivision, applicant shall, within
30 days of the fulfillment of all such conditions, submit his deed
or map for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54
or any such approval shall lapse and be of no force and effect; provided,
however, that the applicant may, for good cause shown, obtain an extension
either before or after the lapse of such thirty-day period within
the reasonable exercise of the municipal agency's judgment.
B. Conditions subsequent.
(1)
Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within 6 months from the date of adoption of the
resolution memorializing the final approval of the application for
development shall be grounds for issuance of a stop-work order by
the enforcing official and the withholding of any zoning permit, certificate
of occupancy or any other approval until such condition or conditions
are fulfilled.
(2)
Nothing herein contained shall be construed
as preventing the municipal agency from specifying a longer period
of time within which any specific condition must be fulfilled, or
from granting, upon application not requiring public notice, an extension
of time for good cause shown.
(3)
The fulfillment of all conditions shall be reported,
in writing, to the municipal agency which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other
required approval be issued.
(4)
For purposes of calculating the time period
within which conditions must be fulfilled, such time periods shall
commence from the date on which the resolution of memorialization
was adopted.