[1972 Code § 20A-1]
The approving authority shall require, as a condition of final subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the Piscataway Township Master Plan, pursuant to Sections 20A-5 and 20A-6 of this chapter. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated for all but his pro rata share of the cost of said improvements.
[1972 Code § 20A-2]
The developer shall pay the full cost of all off-tract improvements
required by the approving authority if such off-tract improvements
are wholly necessitated by the proposed development and said improvements
do not benefit any land other than the land within the subdivision
or site plan.
[1972 Code § 20A-3]
The developer shall provide for payment of his pro rata share, allocated in conformance with the standards set out in Sections 20A-5 and 20A-6 hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision or site plan.
[1972 Code § 20A-4]
In the event the approving authority shall determine that off-tract
improvements are required in connection with any subdivision or site
plan, then, prior to granting final approval:
a.
The approving authority shall report to the Township Council:
b.
The Township Council shall determine and report to the approving
authority whether and by what date the off-tract improvements will
be constructed by the Township as a general improvement or as a local
improvement or as a combination thereof, or whether the developer,
at his option, may construct the required off-tract improvements and
be reimbursed pursuant to a formula specified by the Township Council
if the improvement specifically benefits property other than that
within the subdivision or site plan.
c.
The approving authority shall require, as a condition of final approval
of the subdivision plat or site plan, that:
1.
If the improvement is to be constructed by the Township as a general
improvement, the developer shall deposit with the Department of Finance
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; or
2.
If the improvement is to be constructed by the Township as a local
improvement, the developer shall deposit with the Department of Finance,
in addition to the amount specified in paragraph 1 above, the estimated
amount by which the subdivision or site plan will be specially benefited
by the improvement.
[1972 Code § 20A-5]
In determining the allocation of costs for off-tract improvements
between the developer, other property owners and the Township, the
approving authority shall be guided by the following factors:
a.
The total estimated cost of off-tract improvements.
b.
The increase in market values of the properties affected and any
other benefits conferred.
c.
The needs created by the application.
d.
Population and land use projections for the land within the general
area of the subdivision or site plan and other areas to be served
by the off-tract improvements.
e.
The estimated time for construction of the off-tract improvements.
f.
The condition and periods of usefulness of the improvements, which
may be based upon the criteria of N.J.S.A. 40A:2-22.
[1972 Code § 20A-6]
Within limiting the generality of the foregoing, the approving
authority may take into account the following specific factors:
a.
With respect to street, curb, gutter, sidewalk, streetlight, street
sign and traffic light improvements, the approving authority may consider:
b.
With respect to drainage facilities, the approving authority may
consider:
1.
The relationship between the areas of the subdivision or site plan
and the area of the total drainage basin of which the subdivision
or site plan is a part.
2.
The proposed use of land within the subdivision or site plan and
the amount of land area to be covered by impervious surfaces on the
land within the subdivision or site plan.
3.
The use, condition or status of the remaining land area in the drainage
basin.
c.
With respect to water, gas and electric supply and distribution facilities,
the approving authority may consider the use requirements of the use
proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
d.
With respect to sewerage facilities the approving authority may consider:
[1972 Code § 20A-7]
Any money received by the Department of Finance for off-tract
improvements to be constructed or installed by the Township pursuant
to the provisions of this section 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 interest thereon, shall be returned
to the developer or his successor in interest.
[1972 Code § 20A-8]
Upon completion of any improvement constructed by the Township
as a general or local improvement, the total cost of such improvement
shall be determined by the ordinance providing for such improvements.
The difference between the actual cost, as so determined, and the
estimated cost shall be computed. The developer 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 difference
between the actual and estimated costs as the amount deposited by
the developer for his proportionate share of the estimated cost bears
to the total estimated cost. Any sum payable by the developer 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.
[1972 Code § 20A-9]
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, pursuant to Sections 20A-7 and 20A-8 of this chapter, are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, or any funds to be returned or additional charge to be made pursuant to this section. Upon payment of all such sums to said fee owners, the Township shall be released of liability to any other person.
