As used in this article, the following terms
shall have the meanings indicated:
Water, sewer, drainage, and street improvements not located
on the property which is the subject of the development nor on a contiguous
portion of a street or right-of-way.
A.
The Board shall require the applicant as a condition
of final approval, at the applicant's expense, to provide for and
construct off-tract improvements which are directly caused and necessitated
by the proposed development or subdivision and where no other properties
receive a special benefit thereby.
A.
Where the need for off-tract improvements is directly
caused and necessitated by the development of the applicant's property,
and other properties will benefit by the improvements, the Planning
Board shall advise the Township Council of the required improvements.
(1)
The Township Council shall thereupon determine:
(a)
Whether the improvements shall be constructed
by the Township as a general improvement or as a local improvement.
(b)
Whether the improvement shall be constructed
by the applicant with a provision for partial reimbursement where
the improvement specially benefits properties other than that of the
applicant.
(2)
The Township Council shall advise the Planning Board
of its determination, and the Planning Board with the aid of the Township
Engineer and other relevant officials shall estimate:
(3)
If the Township Council determines to construct the
improvements as a general improvement, the applicant shall be liable
for an amount equal to the difference between the estimated cost of
the improvement and the estimated amount by which all properties,
including that of the applicant, will be specially benefited by the
improvement.
(4)
If the Township Council determines to construct the improvements as a local improvement, the applicant shall be liable, in addition to the amount stated in Subsection A(3), for the estimated amount by which the applicant's property shall be specially benefited.
(5)
If the Township Council determines that the applicant must construct the improvements, the applicant shall be liable for the amount stated in Subsection A(3), together with the estimated amount by which the applicant's property shall be specially benefited; provided that the applicant shall be reimbursed by the Township for the amount of any special assessments against property other than the applicant's when the special assessment against the other properties are received by the Township.
B.
Deposits and guarantees.
(1)
The following determination by the Township Council,
the developer shall be required to provide as a condition for approval,
a deposit or performance guarantee as provided hereafter:
(2)
All monies paid by a subdivision or developer as a
deposit shall be paid over to the Township Treasurer who shall provide
a suitable depository therefor. Such funds shall be used only for
the improvements for which they are deposited or improvements serving
the same purpose.
(3)
Redetermination of assessment upon completion of improvement.
Upon completion of off-tract improvements required pursuant to this
section, the subdivider's or developer's liability hereunder shall
be recalculated in accordance with the actual, as compared with the
estimated, cost of 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 the
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 Township Engineer.
Where a developer pays the amount determined
as his share under protest, he shall institute legal action within
one year of such payment in order to preserve the right to a judicial
determination as to fairness and reasonableness of such amount.
