[Ord. #2006-10 § 1; Ord. #2008-05 §§ 1—3]
A. 
Every application for development shall be accompanied by a check payable to the Township of Frelinghuysen in accordance with the following schedule. For purposes of this ordinance, the term "area being disturbed" means any area whereupon any activity involving the clearing, excavation, storing, grading, filling or transposing of soil will occur, or whereupon any other activity will occur which causes soil to be exposed to the danger of erosion, including the detachment or movement of soil or rock by water, wind, ice and/or gravity.
[Amended 11-9-2022 by Ord. No. 2022-12]
Application Charge
Review Escrow
1.
Subdivision
a. Minor Subdivision
$500
$3,000 (Replenish at $2,000)
b. Preliminary Major Subdivision
$750
$1,000/Lot
$5,000 Minimum (Replenish at $2,000)
$30,000 Maximum initial deposit
c. Final Major Subdivision
$500
$1,000/lot
$5,000 Minimum (Replenish at $2,000)
$20,000 Maximum initial deposit
d. Concept Plan*
1. Minor Subdivision
$200
$2,000 (Replenish at $1,000)
2. Major Subdivision
$500
$3,000 (Replenish at $2,000)
e. Amended Minor, Prelim. Major, or Final Major
$500
$1,000/lot
$3,000 Minimum (Replenish at $2,000)
$20,000 Maximum initial deposit
2.
Site Plan
a. Minor Site Plan
$500
$4,000 (Replenish at $2,000)
b. Preliminary Major Site Plan
$500
$4,000/acre of disturbance
$5,000 Minimum (Replenish at $2,000)
$30,000 Maximum initial deposit
c. Final Major Site Plan
$500
$4,000/acre of disturbance
$5,000 Minimum (Replenish at $2,000)
$20,000 Maximum initial deposit
d. Concept Plan*
1. Minor Site Plan
$200
$2,000
2. Major Site Plan
$200
$3,000
e. Home Occupation
$200
$500
f. Amended Minor, Prelim.
Major, or Final Major
$500
$2,000 Minimum (Replenish at $1,000)
3.
Variances
a. Appeals
(40:55D-70a)
$200 Residential
$3,000 each
$500 Commercial/Industrial
b. Interpretation
(40:55D-70b)
$200 Residential
$3,000 each
$500 Commercial/ Industrial
c. Bulk
(40:55D-70c)
$200 Residential
$3,000 each
$500 Commercial/ Industrial
d. Use
(40:55D-70d)
$200 Residential
$5,000
$500 Commercial/Industrial
e. Permit
(40:55D-34 & 35)
$200 Residential
$2,000
$500 Commercial/Industrial
4.
Certified List of Property Owners
See Section 706D3 of this ordinance
$0.25/name or $10, whichever is greater
None required
5.
Copy of Minutes, Transcripts or Decisions
See Section 706E2 and 708C of this ordinance
$0.75/page for first ten pages copied
None required
$0.50/page for the next ten pages
$0.25/page for each additional copy
$2.00 for each CD
6.
Subdivision Approval Certificate
See Section 1004 of this ordinance
$15 per certificate
None required
7.
Certificate of Compliance or Certificate of All Taxes Paid to Date
$5 per certificate
None required
8.
Special Meeting (as requested by the applicant)
$500
None required
9.
Geographic Information System Fee: In addition to any other applicable fees, there shall be assessed a charge of twenty-five dollars ($25.00) to each property owner or other applicant who makes an application under this section that will result in any change in the existing lot lines within the Township, the change in the building footprint of an existing structure, the construction of a new structure, or any other change that would result in a revision to the Township Geographic Information System atlas. This fee shall be specifically allocated to and shall be used to pay for the cost of updating the said atlas.
*Fee and escrows paid in connection with concept applications shall be credited toward the fee and escrows required for minor and major subdivision and minor and major site plan applications once submitted within one (1) year of the Board's review of the concept plan.
B. 
The application charge is a flat fee to cover administrative expenses. The escrow account is established to cover the cost of professional services including engineering, planning, legal and other expenses associated with the review of submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within fifteen (15) days. Failure to deposit the additional sum shall render the application incomplete and be grounds for denial.
C. 
Where one (1) application for development includes several approval requests, the sum of the individual required fees shall be paid.
D. 
Each applicant for subdivision or site plan approval shall agree in writing to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review and inspection must be paid before any approved plat, plan or deed is signed or any construction permit is issued and all remaining costs must be paid in full before any occupancy of the premises is permitted or Certificate of Occupancy issued.
E. 
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall arrange for the reporter's attendance.
F. 
Escrow Accounts.
1. 
Each deposit for engineering, legal or other technical review fees shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. The account shall be held in a banking institution or savings and loan association in this State, insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at not less than the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. For a given subdivision or site plan application, there shall be one (1) account for the concept, preliminary and final application stages.
2. 
All interest earned shall be added to and made part of the escrow. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred dollars ($100.00) for the year. If the amount of interest exceeds one hundred dollars ($100.00), that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third (33 1/3%) percent of that entire amount which shall be in lieu of all other administrative and custodial expenses.
3. 
The Secretary to the Township Planning Board shall certify the cost of the engineering, legal or other technical review fees of an application and costs of reports and/or testimony as determined in accordance with the current schedule of professional fees. If the municipal agency determines the costs, as certified, to be reasonable, then such amount shall be withdrawn from the escrow account and paid over to the Township as an item of miscellaneous revenue.
4. 
An applicant may, at any time, examine the Township record with respect to an escrow account and expenditures. An appeal may be made to the Planning Board regarding disputed consultant fees. Upon notice of such an appeal, the Board shall hear the same within forty-five (45) days of the notice.
5. 
All deposits for engineering, legal and other technical review fees shall be made prior to the performance of the professional services which the deposit is intended to cover. When an escrow account is reduced to the required amount identified in Section 901A, the applicant shall be required to replenish the account to not less than one hundred percent (100%) of the original amount required.
6. 
After the completion of the review of an application for development by the Planning Board or Zoning Board of Adjustment, whether concept, preliminary or final, or upon the withdrawal of an application, and after all engineering, legal and other technical review and/or testimony costs have been paid from the escrow account for such application, the Township Treasurer shall refund the applicant all deposit moneys remaining in the escrow account, together with the interest, if any, which the applicant is entitled to receive.
7. 
In addition to the above, the applicant shall provide the Township Treasurer with the necessary social security number or other identification number required by the bank or other financial institution to properly certify to the Federal government the interest earned on said account.
[Amended by Ord. #2003-02; Ord. #2008-05; 8-15-2018 by Ord. No. 2018-13]
A. 
Before recording final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Township or Land Use Board may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract improvements:
1. 
The furnishing of a performance guaranty in favor of the Township of Frelinghuysen in an amount equal to 120% of the cost of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the developer and approved by the Township Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee may also be required to include, at the discretion of the Township or Land Use Board, a guarantee for the installation of privately owned perimeter buffer landscaping. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping. The developer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee for review and approval by the Township Engineer, which improvements shall be appended to each performance guarantee posted by the obligor.
2. 
The developer shall post with the Township, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to 15% of the cost of the installation of the improvements covered under the performance guarantee, along with the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which itemized cost shall be determined by the developer and approved by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
3. 
Safety and Stabilization Guarantee.
a. 
The furnishing of a "safety and stabilization guarantee" in favor of the Township of Frelinghuysen to ensure that the Township has an adequate guarantee to return the property that has been disturbed to a safe and stable condition or otherwise implement measures to protect the public from access to an unsafe or unstable condition. The Township shall be permitted to access the guarantee when:
[1] 
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2] 
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee.
b. 
At the developer's option, the "safety and stabilization guarantee" may be included as a line item for safety and stabilization in the performance guarantee rather than in the form of a separate guarantee. The amount of the safety and stabilization guarantee shall be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
[1] 
$5,000 for the first $100,000 of bonded improvement costs; plus
[2] 
2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
[3] 
1% of bonded improvement costs in excess of $1,000,000.
B. 
The time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined by the developer and approved by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
C. 
If the required bonded improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
D. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of bonded improvements and shall send a copy thereof to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all bonded improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
E. 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guaranty and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
F. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements; and upon completion, the same procedure of notification as set forth in this section shall be followed.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Township Engineer.
H. 
Reimbursement of Inspection Fees.
1. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of the improvements, which fees shall not exceed the sum of the amount set forth in N.J.S.A. 40:55D-53. The municipality may require the developer to post the inspection fees in escrow in an amount calculated as follows:
a. 
Except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements subject to a performance guarantee; plus
b. 
An amount not to exceed 5% of the cost of private site improvements not subject to a performance guarantee, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
2. 
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated herein, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
I. 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of the Municipal Land Use Law (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
J. 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee" in favor of the Township of Frelinghuysen in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the Construction Code Official, Zoning Officer, Township Engineer, or any other municipal official designated by ordinance. The "temporary certificate of occupancy guarantee" shall be released by the Construction Code Official, Zoning Officer, Township Engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
K. 
If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement and new performance, maintenance or other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and assignment of developer's agreement.
A. 
Required Improvements.
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor, located outside the property limits of the subject premises, but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development. The criteria set forth below shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.
B. 
Improvements to be Constructed at the Expense of the Developer.
In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Frelinghuysen Township or Warren County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.
C. 
General Standards for Other Improvements.
In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Frelinghuysen Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:
1. 
Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
a. 
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Frelinghuysen Township sewer design standards, including infiltration standards.
b. 
Developer's pro rata share:
(i) 
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer although some charges including, but not limited to, capacity charges may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the pro-rated enlargement or improvement share shall be computed as follows:
Developer's Cost
Total Enlargement or Improvement Cost
=
Development gpd
Total Tributary gpd
(ii) 
If it is necessary to construct a new system in order to develop the subdivision or development, the pro-rated enlargement share to the developer shall be computed as follows:
Developer's Cost
Total Project Cost
=
Development Tributary gpd
Total Tributary gpd to New System
(iii) 
The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Planning Board Engineer.
[Ord. #2008-05 § 7]
2. 
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
a. 
The applicant's engineer shall provide the Planning Board Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
[Ord. #2008-05 § 7]
b. 
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The pro-rated share shall be computed as follows:
Developer's Cost
Total Cost of Roadway Improvement and/or Extension
=
Additional Peak-Hour Traffic Generated by the Development
Future Total Peak-Hour Traffic
3. 
Drainage Improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
a. 
The capacity and design of the drainage system to accommodate stormwater run-off shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
b. 
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Planning Board Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by Planning Board Engineer. The prorated share for the proposed improvement shall be computed as follows:
Developer's Cost
Total Enlargement or Improvement Cost of Drainage Facilities
[Amended by Ord. #2008-05 § 7]
=
Development cfs
Total Tributary cfs
D. 
Escrow Accounts.
Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of Frelinghuysen Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within ten (10) years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if Frelinghuysen Township has taken legal steps to provide for the design and financing of such improvements.
E. 
Referral to Township Committee.
1. 
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of ninety (90) days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.
2. 
The Township Committee, within ninety (90) days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
3. 
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements, or shall condition its approval upon the subsequent determination of the Township Committee.
F. 
Implementation of Off-Tract Improvements.
1. 
In all cases, developers shall be required to enter into an agreement or agreements with Frelinghuysen Township in regard to off-tract improvements, in accordance with this ordinance and any other ordinances, policies, rules and regulations of the Township of Frelinghuysen, Warren County and the State of New Jersey and any departments, authorities or agencies thereof.
2. 
Where properties outside the subject tract will be benefitted by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Section 903 D. (Escrow Accounts) hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3. 
Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Planning Board Engineer or such other persons who 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 subject tract, will be specifically benefitted thereby, and the subdivider or developer shall be liable to the municipality for such expense.
[Ord. #2008-05 § 7]
4. 
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefitted thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefitted by the improvement as the same may be determined by the Board of Improvement Assessors.
5. 
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this ordinance and any other rules, regulations or policies of the Township of Frelinghuysen, County of Warren and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
6. 
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:
a. 
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;
b. 
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;
c. 
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and
d. 
The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.