In the event that the Joint Planning Board shall
determine that off-tract improvements are required in connection with
any subdivision or site plan, then prior to granting final approval:
A. The Joint Planning Board shall report to the Township
Council:
(1) The location, character and extent of the required
off-tract improvements.
(2) The Township Engineer's estimate of the total cost
of such off-tract improvements.
(3) The proposed allocation of the said total cost determined
in accordance with the standards set forth herein.
B. The Township Council shall determine and report to
the Joint Planning Board whether the off-tract improvement will be
constructed:
(1) By the Township as a general improvement or as a local
improvement, or as a combination thereof; or
(2) By the subdivider or site plan applicant with a formula
specified by the Township Council providing for partial reimbursement
if the improvement specially benefits property other than that within
the subdivision or site plan.
C. The Joint Planning Board shall require, as a condition
for approval of the final plat or site plan, that:
(1) If the improvement is to be constructed by the Township
as a general improvement, the subdivider or site plan applicant shall
deposit with the Township Administrator an amount equal to the difference,
if any, between the estimated cost of the improvement and the estimated
total amount by which all properties, including the subdivision or
site plan to be serviced by the improvement, will be specially benefited
by the improvement.
(2) If the improvement is to be constructed by the Township as a local improvement, the subdivider or site plan applicant shall deposit with the Township Administrator, in addition to the amount specified in Subsection
C(1), the estimated amount by which the subdivision or site plan will be specially benefited by the improvement.
(3) If the improvement is to be constructed by the subdivider
or site plan applicant, the subdivider or site plan applicant shall
file with the Township Administrator a performance guaranty for 120%
of the full estimated cost of the improvement.
Any money received by the Township Administrator
for off-tract improvements to be constructed or installed by the Township
pursuant to the provisions of this article shall be deposited in a
suitable depository therefor and shall be used only for the improvements
for which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Township is responsible
has not commenced within five years from the date of deposit, the
amount deposited, together with any income thereon, shall be returned
to the subdivider or site plan applicant or his successor in interest.
Upon completion of any improvement constructed
by the municipality as a general or local improvement, the total cost
of such improvement shall be determined by the Township Administrator.
The difference between the actual cost as so determined and the estimated
cost shall be computed. The subdivider or site plan applicant or his
successor in interest shall make remittance to the Township if the
actual cost exceeds the estimated cost or shall receive a refund from
the funds deposited with the Township if the estimated cost exceeds
the actual cost, in an amount which bears the same relationship to
the differences between the actual and estimated costs as the amount
deposited by the subdivider or site plans applicant for his proportionate
share of the estimated cost bears to the total estimated cost. Any
sum payable by the subdivider or site plan applicant or his successor
in interest may be levied and collected by the Township in the same
manner as is provided by law for the levy and collection of real estate
taxes.
In the absence of an express provision in a
deed or deeds of conveyance, it shall be presumed that the fee owners
of all lots in the subdivision or site plan at the date any deposit
or portion thereof is returned or additional charge is made are the
lawful successors in interest to the subdivider or site plan applicant
and that each such fee owner shall be charged with or entitled to
receive a pro rata share, based on lot area, of any funds to be returned
or additional charge to be made pursuant to this Article. Upon payment
of any such sums to said fee owners, the Township shall be released
of liability to any other person.