In cases where the need for an off-site improvement is created
by the proposed subdivision or site plan and where no other property
owners receive a special benefit thereby, the Planning Board may recommend
to the Township Committee that it require the subdivider or developer,
as a condition for subdivision or site plan approval, at the subdivider's
or developer's expense, to acquire lands outside of the subdivision
or tract and improve and dedicate such lands to the Township or the
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 to improve such lands.
In cases where the need for an off-site improvement is created
by the proposed subdivision or site plan and where the Planning Board
determines that properties outside the subdivision or tract will also
be benefited by the improvement, the Planning Board shall forthwith
forward to the Township Committee a list and description of all such
improvements together with its request that the Township Committee
determine and advise the Board of the procedure to be followed in
the construction or installation thereof. The Planning Board shall
withhold action upon the subdivision or site plan application until
receipt of the Township Committee's determination or until the expiration
of 90 days after the forwarding of such list and description to the
Township Committee without such determination having been made, whichever
occurs sooner.
The Township Committee, within 90 days after receipt of said
list and description, shall determine and advise the Planning Board
whether:
a.
The improvement or improvements are to be constructed or installed
by the Township:
1.
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 subdivider or developer); or
2.
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 Chapter
56 of Title 40 of the Revised Statutes of the State of New Jersey
(except as hereinafter otherwise provided as to a contribution thereto
by the subdivider or developer); or
b.
The improvement or improvements are to be constructed or installed
by the subdivider or developer under a formula for partial reimbursement
as hereinafter set forth.
If the Township Committee shall determine that the improvement
or improvements shall be constructed or installed under § 35-12-2.2.b
above, the Planning Board shall estimate with the aid of the Township
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 subdivision or
tract, will be specially benefited thereby, and the subdivider or
developer shall be liable to the Township for such excess. Further,
the Township Committee shall adopt an ordinance authorizing and providing
for the financing of the improvement or improvements in a manner consistent
with the obligation of the subdivider or developer for any excess
of total cost over total benefits conferred, as set forth above.
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed under § 35-12-2.2a1 above, the Planning Board shall, as provided in § 35-12-2.3, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the Township therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the Township Committee 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 subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.
If the Township Committee shall determine that the improvement
or improvements are to be constructed or installed by the subdivider
or developer under Subsections 12-2.2a1.2 above the Planning Board
shall in like manner estimate the amount of such excess, and the subdivider
or developer shall be liable to the Township therefor as well as for
the amount of any special assessments against the subdivision property
or tract for benefits conferred by the improvement or improvements.
However, the subdivider or developer shall be entitled to be reimbursed
by the Township for the amount of any special assessments against
property other than the subdivision property or tract for benefits
conferred by the improvement or improvements, and proceedings under
said ordinance shall be in accordance with Chapter 56 of Title 40
of the Revised Statutes. However, any such assessment against the
subdivision property or tract shall be marked paid and satisfied in
consideration of the construction or installation of the improvement
or improvements by the subdivider or developer.
If the Township Committee shall not adopt such an ordinance
or resolution within said time, the final subdivision layout or site
plan shall be designed accordingly, and the Planning Board shall thereupon
grant or deny final approval.
The subdivider or developer shall be required to provide, as a condition for final approval, of his subdivision or site plan application, or as a condition for securing a zoning permit, a performance guarantee running to Millstone Township in accordance with Article 13, Guarantees and Inspections.
In any case in which a subdivider or developer shall deposit
money with the Township for the completion of an improvement that
is to be constructed pursuant to this chapter by the Township, the
subdivider or developer shall be entitled to a full refund of such
deposit if the Township Committee of the Township shall not have enacted
an ordinance authorizing the improvement within five years after the
date all other subdivision improvements are completed.
All moneys paid by a subdivider or developer pursuant to this
chapter shall be paid over to the Millstone Township Treasurer who
shall provide a suitable depository therefore. Such funds shall be
used only for the improvements for which they are deposited or improvements
serving the same purpose.
Upon completion of off-site improvements required pursuant to
this chapter, the subdivider's or developer's liability hereunder
shall be recalculated in accordance with the actual, as compared with
the estimated, cost of the improvements. To the extent that it shall
decrease the amount thereof, the Township shall forthwith refund the
amount of such decrease to the subdivider or developer. In cases where
improvements are specially assessed against all benefited properties,
recalculation shall be made by the municipal assessing authority in
the course of the special assessment proceedings. In other cases,
it shall be made by the municipal engineer.
All estimates required to be made by the Planning Board herein
shall be reviewed and approved by the Township Committee to final
action thereon.
