As a condition of preliminary approval and prior
to any construction and to the filing of an application for final
approval of a subdivision or site plan, the applicant shall have made
cash payments in the manner provided below with respect to the installation
of any required off-tract improvements.
The allocation of costs for off-tract improvements
as between the applicant, other property owners and the Borough, or
any one or more of the foregoing, shall be determined by the Board,
with the assistance of the appropriate Borough 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-tract 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 N.J.S.A.
40:55D-42. In addition, the following criteria may also be considered,
as well as any other reasonable criteria:
A. Street, curb, sidewalk, shade tree, streetlight, street
sign and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Board may consider traffic counts, existing
and projected traffic patterns, 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 be also
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. Sanitary 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 law.
The cost of installation of the required off-tract
improvements shall be determined by the Board with the advice of the
Borough Engineer and appropriate Borough agencies.
When those estimates are received and the work
is not to be done exclusively by the applicant as specified by the
Board, the Borough Council shall then decide whether the off-tract
improvement is to be constructed:
A. By the Borough as a general improvement;
B. By the Borough as a local improvement;
C. By the applicant under a formula providing for partial
reimbursement by the Borough for benefits to properties other than
the subdivision or site plan.
When the cost of construction has been determined,
the applicant may be required to provide a cash deposit to the Borough
of one of the following amounts:
A. If the improvement is to be constructed by the Borough
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 Borough
as a local improvement, then, in addition to the amount referred to
in Subsection D(1), 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 Borough may
adopt a local improvement assessment ordinance for the purpose of
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 Borough. 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 Borough 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 Borough'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 Borough in the same manner as
if the subdivider had deposited its apportioned cost with the Borough
Treasurer as provided herein.
Should the applicant and the Borough 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 and other Borough ordinances in the design
of such improvements.