[Ord. No. 2018-11 § 4]
In cases in which a proposed subdivision has no direct access
to a public street or in which it has no direct access to a public
sanitary sewer and does not qualify for sewage disposal by individual
septic systems, whereby the subdivision cannot qualify for approval
under this article, the Planning Board may nevertheless grant preliminary
approval upon condition that the subdivider acquire, improve and dedicate
to the municipality such street or sewer connection between the subdivision
and an existing public street or sanitary sewer, as the case may be,
as shall be approved by the Planning Board. Such off-tract connections
shall be subject to the provisions of this article as if they were
required on-tract improvements. The dedication thereof shall be subject
to approval of the municipal attorney as to form. The provisions of
this section shall be applicable only upon the request and with the
consent of the subdivider.
[Ord. No. 2018-11 § 4]
(a)
The Planning Board 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 Princeton community master plan. The developer shall
contribute his pro rata share of the costs, except that in the case
where all costs for the required improvements can be properly allocated
to the developer, the developer may be required to install the improvement.
(b)
The developer shall pay the full cost or shall be required to
construct off-tract improvements that are wholly necessitated by the
proposed development where said improvements do not benefit any land
other than the land within the subdivision or site plan.
(c)
The developer shall pay the developer's pro rata share of the
cost of providing reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the developer's subdivision or development
but necessitated or required by construction or improvements within
such subdivision or development. Such improvements shall be deemed
reasonable and necessary when they are set forth in the circulation
plan element and the utility service plan element of the Master Plan.
(d)
The standards by which the Board shall determine the proportionate
or pro rata amount of the cost of the facilities to be borne by each
developer or owner within a related and common area shall not be altered
subsequent to preliminary subdivision or site plan approval, as the
case may be. The allocation of costs shall be based on the following
standards:
(1)
The Board shall consider the total cost of the off-site improvements,
the benefits conferred upon the subdivision or development, the needs
created by the subdivision or development, population and land use
projections for the general areas of the subdivision or development
and other areas to be served by the off-site improvements, and the
condition and periods of usefulness.
(2)
Road, curb, gutter and sidewalk improvements shall be based
upon the anticipated increase of traffic generated by the subdivision
or development of the tract. In determining such traffic increase,
the Board may consider traffic counts, existing and projected traffic
patterns, condition of roads and sidewalks in the area and other factors
related to the need created by the subdivision or development and
the anticipated benefit thereto.
(3)
Drainage facilities shall be based upon the percentage relationship
between the subdivision acreage or tract being developed, as the case
may be, and the acreage of the total drainage basins involved.
(4)
Sewerage facilities shall be based upon the proportion that
the subdivision's or development's total anticipated volume of sewage
effluent bears to the existing capacity of existing and proposed sewage
facilities, including but not limited to lines and other appurtenances
leading to and servicing the subdivision or tract being developed.
The Board may also consider types of effluent and particular problems
requiring special equipment or added costs for treatment.
(5)
Water supply and distribution facilities shall be based upon
the added facilities required by the total anticipated water use requirements
of the subdivision or tract being developed.
(6)
Where an applicant or developer pays the amount determined as
its pro rata share under protest, they must institute legal action
within one year of such payment in order to preserve the right to
a judicial determination as to the fairness and reasonableness of
such amount.
(e)
Any money received by the municipality for off-tract improvements
to be constructed or installed by the municipality 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 municipality is responsible has not
commenced within 10 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.
