As a condition of preliminary approval and prior
to any construction or the filing of an application for final approval
of a subdivision or a site plan, the applicant shall have posted a
performance guaranty or, with the consent of the Township installed,
in the manner provided below with respect to the immediate or ultimate
installation of any required off-tract improvements.
The allocation of costs for off-tract improvements
as between the applicant, other property owners and the Township,
or any one or more of the foregoing, shall be determined by the Planning
Board, with the assistance of the appropriate Township 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.[1] In addition, the following criteria may also be considered,
as well as any other reasonable criteria the Board feels are necessary
to protect the health, safety and general welfare of the Township:
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, the 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 also
be 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 that 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 the
law.
[1]
Editor's Note: See N.J.S.A. 40:55D-42.
The cost of installation of the required off-tract
improvements shall be determined by the Planning Board with the advice
of the Township Engineer and appropriate Township agencies.
When those estimates are received, the Township
Committee 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 Township
of one of the following amounts:
A.
If the improvement is to be constructed by the Township
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 Township as a local improvement, then, in addition to the amount referred to in Subsection A above, 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 an 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 Township 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 Township within
a period of 10 years from the date of payment, after which time said
funds so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
B.
In the event that the payment by the applicant to
the Township 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 appropriate share of the cost thereof.
C.
In the event that the payment by the applicant to
the Township Treasurer provided for above is more than its appropriate
share of the actual cost of installation of the off-tract improvements,
the applicant or its successor 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 or site plan 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 Township may
adopt a local improvement assessment ordinance for the purpose of
the 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 his successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Township 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 that the applicant, with the Township'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 Township in the same manner
as if the subdivider had deposited its apportioned cost with the Township
Treasurer, as provided herein.
A.
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 the off-tract improvements by the applicant upon contribution by
the Township of the remaining unallocated portion of the cost of the
off-tract improvement.
B.
In the event that the Township so elects to contribute
to the cost and expense of installation of the off-site improvements
by the applicant, the portion contributed by the Township 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 Township 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 chapter in the design of such improvements.
