[Amended 3-14-78 by Ord. No. 78-4]
Prior to the granting of final approval, the subdivider shall
have installed the following: roads, monuments and all required drainage
facilities, in addition to such other installations as required.
[Amended 3-14-78 by Ord. No. 78-4]
No final plat shall be signed or filed for the subdivision until
all of the required improvements have been completed in a good and
workmanlike manner and such completions have been certified to in
accordance with the inspection provision of this Article of this chapter.
[Added 2-8-77 by Ord. No. 77-3; amended 12-18-90 by Ord. No. 90-22; 2-13-07 by Ord. No. 2007-001]
A.
The Land Use Board may require as a condition for approval of a subdivision
or site plan that a developer pay his pro rata share of the cost of
providing reasonable and necessary street improvements and water,
sewage and drainage facilities, and easements therefor, which are
located outside the property limits of the subdivision or development,
as the case may be, but are necessitated or required by construction
or improvements within such subdivision or development. Such requirements
shall be in conformance with N.J.S. 40:55D-42 and such other statutes
as may address the issue of off-tract improvements. The Land Use Board
shall determine in the course of review of any such application whether
or not any contribution for an off tract improvement shall be required.
B.
Estimate of cost and benefits. If an off tract improvement is required,
the Land Use Board shall, with the aid of the Township Engineer and
such other persons as have pertinent information or expertise, estimate:
C.
Manner of construction. When those estimates are received, the Township
Committee shall then decide whether the off-tract improvement is to
be constructed:
D.
Amount of contribution. When the manner of construction has been
determined, the developer may be required to provide, as a condition
for final approval of the project, a cash deposit (or other acceptable
security) to the township of one of the following amounts:
(1)
If the improvement is to be constructed by the township 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 developer's property, will be specially benefited by the
off-tract improvement.
(2)
If the improvement is to be constructed by the township as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the developer's property will be specially benefited by the off-tract improvement.
(3)
If the improvement is to be constructed by the developer, an
amount equal to the estimated cost of the off-tract improvement less
an offset for benefits to properties other than the developer's
property.
E.
Allocation of costs. The allocation of costs shall be determined
in accordance with the following:
(1)
The Land Use Board may consider the total cost of the off-tract
improvements, the benefits conferred upon the project, the needs created
by the project, population and land use projections for the general
areas of the project and other areas to be served by the off-tract
improvements, the estimated times of construction of off-tract improvements
and the conditions and periods of usefulness, which periods may be
based upon the criteria of N.J.S. 40A:2-22. The Land Use Board may
further consider the criteria set forth below.
(2)
Road, curb and sidewalk improvements may be based upon the anticipated
increase of traffic generated by the project. In determining such
traffic increase, the Land Use 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 subdivision
and the anticipated benefit thereto.
(3)
Drainage facilities may be based upon the percentage relationship
between the project acreage and the acreage of the total drainage
basins involved.
(4)
Sewerage facilities may be based upon the proportion that the
development's total anticipated volume of sewage effluent bears
to the existing capacity of existing and projected sewage disposal
facilities, including but not limited to lines and other appurtenances
leading to and servicing the subdivision. The Land Use Board may also
consider types of effluent and particular problems requiring special
equipment or added costs for treatment.
(5)
Water supply and distribution facilities may be based upon the
added facilities required by the total anticipated water use requirements
of the subdivision.
F.
Payment of allocated cost.
(1)
The estimated cost of the off-tract improvement allocated to
the developer, if deposited in cash, shall be paid by the developer
to the Township 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 township within
a period of 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 that the payment by the developer to the Township
Treasurer provided for herein is less than his share of the actual
cost of the off-tract improvements, then he shall be required to pay
his appropriate share of the cost thereof.
(3)
In the event that the payment by a developer to the Township
Treasurer provided for above is more than his appropriate share of
the actual cost of installation of the off-tract improvements, he
or his successor or assigns shall be repaid an amount equal to the
difference between the deposit and his share of the actual cost.
(4)
If the developer shall deem that any of the amounts so estimated
by the Land Use Board are unreasonable, he may challenge them and
seek to have them revised in appropriate proceedings brought to compel
subdivision or site plan approval.
(5)
If the developer and the township cannot agree with respect
to the developer'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 improvement is constructed as a local improvement,
the dispute shall be decided in an appropriate judicial proceeding
or proceedings.
G.
Assessment of properties. Upon receipt from the developer of his
allocated share of the costs of the off-tract improvements, the township
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 a developer may be assessed against benefiting
property owners by the township. Any assessments for benefits conferred
made against the developer or his successors in interest shall be
first offset by a pro rata share credit of the allocated costs previously
deposited with the Township Treasurer pertaining thereto. The developer
or his successors in interest shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
his pro rata share credit for his deposit, and then only to the extent
of the deficiency.
H.
Credit for work performed. In the event that the developer, with
township 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 township in the same manner
as if the developer had deposited his apportioned cost with the Township
Treasurer, as provided herein.
I.
Installation of improvements by applicant.
(1)
At the discretion and option of the township, the township may
enter into a contract with the developer providing for the installation
and construction of the off-tract improvements by the developer upon
contribution by the township of the remaining unallocated portion
of the cost of the off-tract improvement.
(2)
In the event that the township so elects to contribute to the
cost and expense of installation of the off-tract improvements by
the developer, the portion contributed by the township shall be subject
to possible certification and assessment as a local improvement against
benefiting property owners in the manner provided by law, if applicable.
J.
Design standards. Should the developer and the township enter into
a contract for the construction and erection of the off-tract improvements
to be done by the developer, he shall observe all requirements and
principles of the municipal Land Use Ordinance and other ordinances
in the design of such improvements.
[Added 2-13-07 by Ord. No. 2007-001]
A.
Where the Land Use Board finds that off-tract improvements would
be advisable, although not essential, and the improvements would promote
the objectives of the municipal Land Use Ordinances and can be most
appropriately accomplished in connection with a proposed development,
and particularly where the off-tract improvements would be required
to be made as a local improvement by the township with the costs thereof
to be assessed against all properties specially benefited thereby
(including the property of the developer), the following provisions
shall apply:
(1)
During the processing of the application the Land Use Board
shall refer its recommendations for off-tract improvements to the
Township Committee.
(2)
If the Township Committee concurs, the Municipal Engineer or
other authority retained by the township shall determine the nature
of the off-tract improvements including the needs created by the applicant's
proposed development and the then-existing needs in the area, notwithstanding
any work of the applicant.
(3)
The Municipal Engineer or other authority shall estimate the
costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
If the Township Committee will not adopt a local improvement
ordinance, the final development shall be designed accordingly, and
the approving authority shall proceed on that basis.
(5)
If a local improvement ordinance is adopted, the Township Committee
shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the Township Committee may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the Township Committee may determine the anticipated amount that the
lands of the applicant would be expected to be assessed.
[1]
The amount determined by the Township Committee shall then be
deposited by the applicant with the Township Treasurer prior to final
approval and prior to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between
the applicant and the township concerning the uses of the deposit
which shall include the following stipulations:
[a]
That said funds shall be used by the township solely
for the expenses of such off-tract improvements; that such deposit
may be appropriated by the township, with other funds of the township,
and may be commingled with other appropriated funds and expended by
the, township in connection with such purposes;
[b]
That if such deposit is not used by the township
within a specified time agreed upon by the applicant, said funds shall
be returned to the applicant;
[c]
That upon completion of the work by the township
or its contractors, the properties specially benefited by such improvement
shall be assessed as provided by law, including the property of applicant;
[d]
That the applicant's deposit shall be credited
against the assessment made upon applicant's property (whether
or not applicant is then the owner thereof); and
[e]
That if such deposit was less than the amount ultimately
assessed against such property, then the owner(s) of said property
shall pay the difference between the deposit and such assessment,
or if the deposit exceeded the amount assessed, the excess shall be
refunded to the applicant, without interest.
[3]
Where said off-tract improvements are found by the approving
authority to be advisable and important to the sound development of
the site, but the developer is unwilling to make such deposit as specified
above, then there shall be no final approval until funds become available
for the initial appropriation required to adopt the local improvement
ordinance.
(6)
The determination of the Township Committee whether or not to
proceed toward the adoption of a local improvement ordinance shall
be made within 30 days after the referral by the Land Use Board unless
such time shall be extended with the consent of the applicant. If
the determination is not made within the designated period, the Land
Use Board may proceed as if the Township Committee had determined
that it would not adopt such local improvement ordinance.
The properly licensed engineer for the subdivider shall, at
any time upon request of the Board during the progress of construction,
deliver to the Board a progress report complete with completion projections
and shall, in addition, prior to the installation of any street improvements
or drainage improvements facilities, notify the Planning Board and
Building Inspector at least 48 hours prior to the said installation,
to afford the Board an opportunity, if the Board deems so necessary,
to have a representative of the Board inspect and approve the existing
ground conditions, such as subbase or trenchings, prior to the installation
of the final improvements.
In any event, in addition to the foregoing, the licensed engineer
for the subdivider shall certify to the Planning Board, prior to the
installation of these final improvements, that the ground and subbase
conditions are of such a condition and nature and of proper consistency
and compaction so as to assure a stable base for the final improvements.
He shall, in addition, upon completion of all of the improvements,
certify to the Planning Board that all of the required improvements
have been completed in a satisfactory manner. This final certification
shall be accompanied by an endorsement by an authorized representative
of the Planning Board, which endorsement shall state that all of the
improvements as listed and required are completed and in place.
[Amended 3-14-78 by Ord. No. 78-4]
No map shall be signed or filed until all deeds of dedication
required, together with all easement grants required, have been tendered
by the owner or subdivider to the township and properly approved by
the Township Attorney. These easements may be required wherever a
subdivision is traversed by a watercourse, drainageway channel or
road, in which event there shall be provided a stormwater easement
or drainage right-of-way conforming substantially with the lines of
such watercourse, and such further width or construction, or both,
as will be adequate for the purpose and, further, adequate for the
purpose of future repair or cleanout.
