[Ord. No.
817 § A]
In cases where reasonable and necessary need
for any off-tract improvement or improvements is necessitated or required
by the proposed application for development, and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvement(s) as if such were contract
improvements, in the manner provided hereafter and as otherwise provided
by law.
[Ord. No.
817 § B]
a.
In cases where the need for any off-tract improvement
is necessitated by the proposed application for development and where
the Board determines that properties outside the development will
also be benefited by the improvement, the Board shall forthwith forward
to the Borough Council a list and description of all such improvements,
together with its request that the Borough Council determine and advise
the Board of the procedure to be followed in the construction or installation
thereof. The Board shall act upon the application for development
within the prescribed time period, subject to: 1) receipt of the Borough
Council's determination or 2) until the expiration of 21 days after
forwarding of such list and description to the Borough Council without
such determination having been made.
b.
The Borough Council, within 21 days after receipt
of the list and description, shall determine and advise the Board
whether:
1.
The improvement or improvements are to be constructed
or installed by the Borough:
(a)
As a general improvement, the cost of which
is to be borne at general expense (except as hereinafter otherwise
provided as to a contribution thereto by the applicant); or
(b)
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with law (except as hereinafter otherwise provided as to
a contribution thereto by the applicant); or
2.
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement
as hereinafter set forth.
c.
If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under Section 33-2b, hereinabove; the Board shall estimate with the aid of the Municipal Professional Engineer or such other persons as have pertinent information or expertise the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby; and the applicant shall be liable to the Borough for such excess. Further, the Borough Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
d.
If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under Section 33-2b hereinabove, the Board shall, as provided in Section 33-2c hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited by the improvement; and the applicant shall be liable to the Borough therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the Borough Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the application with respect thereto; and proceedings under the ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
e.
If the Borough Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Section 33-2 hereinabove, the Board shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Borough therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Borough for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Borough. Further, the Borough Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements; and proceedings under the ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked "paid and satisfied' in consideration of the construction or installation of the improvement or improvements by the applicant.
[Ord. No.
817 § C]
The applicant shall be required to provide,
as a condition for final approval of his application for development,
a performance guarantee running to the municipality as follows:
a.
If the improvement is to be constructed by the applicant under Section 33-1 hereinabove or under Section 33-2b2 hereinabove, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of the improvement, that is to be acquired or installed by the Borough under Section 33-1 a performance bond equal to the estimated cost of such acquisition or installation by the Borough;
b.
If the improvement is to be constructed by the Borough
as a general improvement under Section 33-2b1(a) hereinabove, a performance
bond equal to the amount of the excess of the estimated cost of the
improvement over the estimated total amount by which all properties-including
the development property-will be specially benefited thereby; and
c.
If the improvement is to be constructed by the municipality as a local improvement under Section 23-2b1(b) hereinabove, a performance bond equal to the amount referred to in Section 33-3b immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.
[Ord. No.
817 § D]
In any case in which an applicant shall deposit
money with the Borough for the completion of an improvement that is
to be constructed pursuant to this section by the Borough, the applicant
shall be entitled to a full refund of such deposit, if the Borough
Council shall not have enacted an ordinance authorizing the improvement
within two years after the date all other development improvements
are completed.
[Ord. No.
817 § E]
All moneys paid by an applicant pursuant to
this chapter shall be paid over to the Borough Treasurer, who shall
provide a suitable depository therefor. Such funds shall be used only
for the improvements for which they are deposited or improvements
serving the same purpose.
[Ord. No.
817 § F]
Upon completion of off-tract improvements required
pursuant to this chapter, the applicant's liability hereunder shall
be recalculated in accordance with the actual, as compared with the
estimated, cost of the improvements. To the extent that such recalculation
shall increase the amount of any cash deposit made by the applicant
hereunder, the applicant shall forthwith pay the amount of such increase
to the Borough. To the extent that it shall decrease the amount thereof,
the Borough shall forthwith refund the amount of such decrease to
the applicant. In cases where improvements are specially assessed
against all benefited properties, recalculation shall be made by the
municipal assessing authority in the course of special assessment
proceedings. In other cases, it shall be made by the Municipal Professional
Engineer.
[Ord. No.
817 §§ G and H]
As used in this chapter:
Shall be deemed to mean the application form and all accompanying
documents required by Borough ordinances for approval of a subdivision
plat, site plan, planned development, conditional use, zoning variance,
or direction of the issuance of a permit, pursuant to N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36.
Shall be deemed to mean the Planning Board or the Zoning
Board of Adjustment.
