[Amended 12-9-1996 by Ord. No. 8-96]
A. Pursuant to N.J.S.A. 40:55D-1 et seq., where the need for off-site or off-tract improvements is deemed necessary as a result of the proposed development application, the Planning Board or Board of Adjustment may require the applicant, as a condition of subdivision or site plan approval, to construct or contribute its pro rata share of the cost of such off-site or off-tract improvements in accordance with the provisions of this chapter. Off-site or off-tract improvements shall include:
(1) Street improvements, water, sewer, drainage or other facilities or improvements of the types described in this chapter for on-site installation, where the need for the provision of such improvements off-site or off-tract is, in whole or part, made necessary by the proposed development application and where the making of such improvements will confer a benefit upon the applicant's property which is the subject of the application for development.
(2) Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the property which is the subject of the development application and the installation of which would confer a benefit upon the applicant's property which is the subject of the development application. In addition to improvements of the type described in this chapter and referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
(3) The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application for which the applicant's property will be benefitted by the improvement.
B. Prior to the granting of final approval of any subdivision or planned development and prior to the issuance of any building permits for any land use requiring site plan approval pursuant to this chapter, or for any residence or other use of land on an unimproved street or where any off-site or off-tract improvements have not yet been installed, the developer shall pay its pro rata share of the cost of providing any reasonable and necessary street improvements, water, sewer or drainage facilities, and easements therefor, located outside the property limits of the development but which are necessitated or required by construction or improvements within the development. All payments shall be made in the manner set forth hereinafter, it being the intent of this section that the developer shall bear that portion of the cost of the improvements which bears a rational nexus to the needs created by the development and/or the benefits conferred upon such development.
C. The Planning Board or Board of Adjustment, as the case may be, shall review each development application and determine the need for off-site or off-tract improvements and the total cost therefor. The Board shall determine the amount, if any, by which all properties serviced thereby, including the applicant's property, will be specially benefitted therefrom.
(1) In cases where reasonable and necessary off-site or off-tract improvements are required and where no other property owners will be specially benefitted by the installation of such improvements, the Board shall require that the applicant, as a condition of approval, and at the applicant's expense, provide for and construct such improvements as if such improvements were located on-site.
(2) In cases where the need for any off-site or off-tract improvements are required and where the Board determines that properties other than the applicant's will also be benefitted by the improvement, the Board shall forward to the Township Committee a report containing a list and description of all such improvements, together with its request that the Township Committee determine, as set forth hereinafter, how the improvements should be undertaken.
D. Where the Planning Board or Board of Adjustment has determined that properties other than the applicant's will specially benefit from the installation of off-site or off-tract improvements, and has forwarded a report to the Township Committee, the Township Committee shall, within 45 days, make the following determinations:
(1) That the recommended off-site or off-tract improvement should be undertaken in the manner recommended by the Board or whether the Committee is of the opinion that an alternative improvement should be considered by the Board.
(2) Whether the improvement should be constructed or installed by the Township as a general improvement or as a local improvement.
(3) Whether the improvement is to be constructed or installed by the developer under a formula providing for partial reimbursement by the Township or otherwise for benefits to properties other than that which is the subject of the development, where appropriate.
(4) The Township Engineer shall estimate, with the aid of such Township officials or departments or other persons having pertinent information or expertise, the cost of the improvement and the amount by which all properties to be serviced thereby, including the developer's property, will be specially benefitted therefrom.
(5) Once the Township Committee has made the determinations described above, the developer shall be required, as a condition of final approval of the development, to provide a combination of performance and maintenance guaranties, cash contributions, developer's agreements and/or other forms of surety permitted by law, to insure payment to the Township of one of the following amounts:
(a) If the improvement is to be constructed by the Township as a local improvement, the developer's proportionate share of the total cost of the improvement.
(b) If the improvement is to be constructed by the developer, the total cost of the off-site or off-tract improvement less an offset for the value of the special benefit, if any, to properties other than the developer's.
E. The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the Township Engineer following completion of all off-site and off-tract improvements to ensure that the developer shall pay only its pro rata share of the cost thereof. In the event that the payment made by the developer is less than its share of the actual cost of the improvements, then the developer shall be required to pay its additional proportionate share of the cost thereof.
F. Should the developer pay the portion of the cost of improvements determined to be its pro rata share under protest, legal action shall be instituted within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
G. In the event that the developer shall not be required to install the off-site or off-tract improvements but is required to pay its pro rata share of the cost therefor, then in that event there shall be paid to the Township Chief Financial Officer the amount of the developer's share of the determined cost of the off-site or off-tract improvement. All moneys received by the Township in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall only be used for improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within 15 years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, or its legal successor in interest, together with accumulated interest, less 10% of accumulated interest for administrative costs. If after reasonable and diligent inquiry, the Township is unable to locate the developer or its successor in interest in order to return said funds, then the funds shall be placed in the Township's general capital improvement fund and shall not be returnable to the developer thereafter.