As a condition of preliminary approval and prior to any construction
and to the filing of an application for final approval of a subdivision
or site plan, the applicant shall have made cash payments in the manner
provided below with respect to the installation of any required off-tract
improvements.
A. Allocation of Costs; Criteria in Determining Allocation. The allocation
of costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one (1) or more of the foregoing,
shall be determined by the Board, with the assistance of the appropriate
Borough agencies, on the basis of the total cost of the off-tract
improvements, the increase in market values of the property affected
and any other benefits conferred, the needs created by the application,
population and land use projections for the general area of the applicant's
property and other areas to be served by the off-tract improvements,
the estimated time of construction of the off-site improvements and
the condition and periods of usefulness, which periods may be based
upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract
improvements shall be consistent with N.J.S.A. 40:55D-42. In addition,
the following criteria may also be considered, as well as any other
reasonable criteria.
1. Street, curb, sidewalk, shade trees, streetlights, street signs and
traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Board may consider traffic counts, existing
and projected traffic patterns, quality of roads and sidewalks in
the area and other factors related to the need created by the application
and the anticipated benefit thereto.
2. Drainage facilities may also be based upon or be determined by the
drainage created by or affected by a particular land use, considering:
a. The percentage relationship between the acreage of the application
and the acreage of the total drainage basin.
b. The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself.
c. The use, condition or status of the remaining area in the drainage
basin.
3. Water supply and distribution facilities may be also based upon the
added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
4. Sanitary sewerage facilities may be based upon the proportion that
the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment or
added costs for treatment. In the event that the applicant's property
shall be permitted to be connected to existing sewer facilities, the
applicant shall pay a charge or be assessed in accordance with law.
B. Determination of Cost of Improvements. The cost of installation of
the required off-tract improvements shall be determined by the Board
with the advice of the Borough Engineer and appropriate Borough agencies.
C. Manner of Construction. When those estimates are received and the
work is not to be done exclusively by the applicant as specified by
the Board, the Borough Council shall then decide whether the off-tract
improvement is to be constructed:
1. By the Borough as a general improvement, or
2. By the Borough as a local improvement, or
3. By the applicant under a formula providing for partial reimbursement
by the Borough for benefits to properties other than the subdivision
or site plan.
D. Amount of Contribution. When the cost of construction has been determined,
the applicant may be required to provide a cash deposit to the Borough
of one (1) of the following amounts:
1. If the improvement is to be constructed by the Borough as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the subject
property, will be specifically benefited by the off-tract improvement.
2. If the improvement is to be constructed by the Borough as a local
improvement, then in addition to the amount referred to in paragraph
D1, the estimated amount by which the subject property will be specifically
benefited by the off-tract improvement.
3. If the improvement is to be constructed by the applicant, an amount
equal to the estimated cost of the off-tract improvement less an offset
for benefits to properties other than the subject property.
E. Payment of Allocated Cost.
1. The estimated costs of the off-tract improvement allocated to the
applicant, if deposited in cash, shall be paid by the applicant to
the Borough Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Borough within a
period of ten (10) years from the date of payment, after which time
said funds so deposited shall be returned, together with accumulated
interest or other income thereon, if any.
2. In the event the payment by the applicant to the Borough Treasurer
provided for herein is less than its share of the actual cost of the
off-tract improvements, then it shall be required to pay its appropriate
share of the cost thereof.
3. In the event that the payment by the applicant to the Borough Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-tract improvements, it or its successor
or assignee shall be repaid an amount equal to the difference between
the deposit and its share of the actual cost.
4. If the applicant shall deem that any of the amounts so estimated
by the Board are unreasonable, it may challenge them and seek to have
them revised in appropriate proceedings brought to compel approval.
5. If the applicant and the Board cannot agree with respect to the applicant's
appropriate share of the actual cost of the off-tract improvement
or the determination made by the officer or board charged with the
duty of making assessments as to special benefits, if the off-tract
improvements are to be constructed as a local improvement, no approval
shall be granted; provided, however, that the applicant may challenge
such determination and seek to have it revised in appropriate judicial
proceedings in order to compel subdivision or site plan approval.
F. Assessment of Properties. Upon receipt from the applicant of its
allocated share of the costs of the off-tract improvements, the Borough
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a deposit by the applicant may be assessed against
benefiting property owners by the Borough. Any assessments for benefits
conferred made against the applicant or his successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Borough Treasurer pertaining thereto.
The applicant or his successors in interest shall not be liable for
any part of an assessment for such improvements unless the assessment
exceeds the pro rata share credit for the deposit, and then only to
the extent of the deficiency.
G. Credit for Work Performed. In the event the applicant, with the Borough's
consent, decides to install and construct the off-tract improvement
or any portion thereof, the certified cost shall be treated as a credit
against any future assessment for that particular off-tract improvement
or portion thereof constructed by the Borough in the same manner as
if the subdivider had deposited its apportioned cost with the Borough
Treasurer as provided herein.
H. Installation of Improvements by Applicant.
1. At the discretion of the Borough and with the consent of the applicant,
the Borough may enter into a contract with the applicant providing
for the installation and construction of the off-tract improvements
by the applicant upon contribution by the Borough of the remaining
unallocated portion of the cost of the off-tract improvement.
2. In the event the Borough so elects to contribute to the cost and
expense of installation of the off-site improvements by the applicant,
the portion contributed by the Borough shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners in the manner provided by law, if applicable.
I. Design Standards. Should the applicant and the Borough enter into
a contract for the construction and erection of the off-tract improvements
to be done by the applicant, it shall observe all requirements and
principles of this chapter and other Borough ordinances in the design
of such improvements.