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:
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.
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering;
The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
The use, condition or status of the remaining area in the drainage basin.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.