For the purposes of this article, the following
terms shall have the meanings indicated:
Not located on the property which is the subject of a subdivision
application nor on a contiguous portion of a street or right-of-way.
Located on the property is the subject for a subdivision
application or on a contiguous portion of a street or right-of-way.
Preliminary approval shall contain a condition
that the developer pay his pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor, located outside the property
limits of the subdivision but necessitated or required by construction
or improvements within such subdivision or development. Before consideration
of a final subdivision plat, such off-tract improvements shall be
built and completed by the developer or their construction shall have
been guaranteed in accordance with the following provisions which
shall apply to such off-tract improvements:
A.Â
Off-tract improvements. At the time application for
preliminary approval for a subdivision is made and again upon application
for final approval, the applicant shall provide the Township Committee
with an estimate of the types and costs of such off-tract improvements
and the amount by which properties, including the subdivision, benefit
thereby.
B.Â
Such estimate at the time of application for final
approval shall include detailed supporting data which shall include,
but not necessarily be limited to:
(1)Â
The total cost of the improvement.
(2)Â
The estimated value of the benefit to the applicant.
(3)Â
The estimated value of the benefits conferred upon
others in terms of reasonable likelihood of the use.
(4)Â
The time when such benefits are likely to be conferred.
(5)Â
The reasonable, useful life of the off-tract improvements.
(6)Â
The inflation, deflation or all significant changes
in the cost of construction.
C.Â
Such estimate at the time of application for preliminary
approval shall be the applicant's best estimates for each of the six
above factors together with his basis therefor.
D.Â
The Township Committee shall decide whether the off-tract
improvements or any combinations of them are to be constructed by
the municipality as a general improvement or as a local improvement,
or whether construction is to be done by the developer with a formula
providing for partial reimbursement to the developer by other property
owners, where the improvements specially benefit properties other
than the subdivision.
E.Â
As a condition for final approval of any stage of a subdivision, the applicant shall provide the Township with a cash deposit or a performance guaranty as provided in § 163-10 of this chapter to insure payment to the Township in the following amounts:
(1)Â
An amount equal to the difference between the estimated
cost of the improvement and the estimated total amount by which all
property to be served hereby, including the subdivision property,
will be specially benefited by the improvement, if the improvement
is to be constructed by the municipality as a general improvement.
(2)Â
The estimated amount by which the subdivision specially
benefits from the improvement, in addition to the amount required
for a general improvement, if the improvement is to be constructed
by the municipality as a local improvement.
(3)Â
An amount equal to the estimated cost of the improvement,
if the improvement is to be constructed by the applicant.
F.Â
If such off-tract improvements or any combination
of them are to be constructed by the applicant, the applicant shall
bear the cost of all such improvements and shall be reimbursed by
such specially benefited property owners if and when any such off-tract
improvements are used in the development of off-tract parcels. The
Township Committee may assess or lien the pro rata cost of such off
tract-improvement upon other specially benefited property owners at
such time as such other specially benefited owner or owners use the
off-tract improvements in the development of off-tract parcels.
G.Â
Actual cost figures, rather than estimated costs,
shall be and for making such allocations once the improvements are
constructed. The cost figures shall be supplied by the applicant and
certified by a New Jersey certified public accountant, after audit.
Approval of planned unit developments, major subdivision or site development
plans involving the use of such off-tract improvements by other specially
benefited property owners outside this subdivision shall be conditioned
upon payment of the pro rata share of the value as so determined,
to the applicant, in the same manner as above.
