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. 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.
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:
A. By the Township as a general improvement;
B. By the Township as a local improvement; or
C. By the applicant under a formula providing for partial
reimbursement by the Township for benefits or properties other than
the subdivision or site plan.
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.
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.
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.