Where the Planning Board shall determine that off-tract improvements are, in whole or in part, necessitated by the application of the developer and the installation of the improvements would confer a benefit upon the development, it shall forward such recommendation to the Township Council. Any off-site or off-tract stormwater management and drainage improvements must conform to Chapter
396, Stormwater Management.
The Township Council shall cause the Township
Engineer to make a determination of the contribution of the developer
for said off-tract improvements. Said estimated cost of the off-tract
improvement shall set forth an estimate by which all properties to
be serviced thereby, including the developer's property, shall be
benefited. In determining the developer's contribution, the Township
Engineer shall be guided by the following criteria:
A. The developer shall be required, as a condition of
final subdivision or site plan approval, to 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.
The developer shall either install the improvements or contribute
his pro rata share of the costs, at the option of the developer. If
the developer installs the improvements, he shall be compensated for
all but his pro rata share of the cost of said improvements.
B. The developer shall pay the full cost of all off-tract
improvements required by the Township Council if such off-tract improvements
are wholly necessitated by the proposed development and said improvements
benefit any land other than the land within the subdivision or site
plan.
C. The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in §Â
245-344 hereof, of all off-tract improvements required by the Township Council if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision or site plan.
In the event that the approving authority shall
determine that off-tract improvements are required in connection with
any subdivision or site plan, then prior to granting final approval:
A. The approving authority shall report to the Township
Council all of the following:
(1)Â The location, character and extent of the required
off-tract improvements.
(2)Â The Municipal Engineer's estimate of the total cost
of such off-tract improvements.
(3) The proposed allocation of the total cost determined in accordance with the standards set forth in §Â
245-344 below.
B. The Township Council shall determine whether and by
what date the off-tract improvements will be constructed by the Township
as a general improvement or as a local improvement or as a combination
thereof, or whether the developer, at his option, may construct the
required off-tract improvements and be reimbursed pursuant to a formula
specified by the Township Council if the improvement specifically
benefits property other than that within this subdivision or site
plan.
C. The determination of the Township Council shall be
reported to the approving authority, which shall require, as a condition
of final approval of the subdivision plat or site plan, that:
(1)Â If the improvement is to be constructed by the Township
as a general improvement, the developer shall deposit with the Township
Treasurer an amount equal to the difference, if any, between the estimated
cost of the improvement and the estimated total amount by which all
properties, including the subdivision or site plan to be serviced
by the improvement, will be specially benefited by the improvement;
or
(2)Â If the improvement is to be constructed by the Township as a local improvement, the developer shall deposit with the Township Treasurer, in addition to the amount specified in Subsection
C(1) above, the estimated amount by which the subdivision or site plan will be specially benefited by the improvement.
Any money received by the Township Treasurer
for off-tract improvements to be constructed or installed by the Township
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 Township is responsible
has not commenced within five years from the date of deposit, the
amount deposited shall be returned to the developer or his successor
in interest.
Upon completion of any improvement constructed
by the Township as a general or local improvement, the total cost
of such improvement shall be determined by the ordinance providing
for such improvements. The difference between the actual cost as so
determined and the estimated cost shall be computed. The developer
or his successor in interest shall make remittance to the Township
if the actual cost exceeds the estimated cost, or he shall receive
a refund from the funds deposited with the Township if the estimated
costs exceed the actual cost, in an amount which bears the same relationship
to the difference between the actual and estimated costs as the amount
deposited by the developer for his proportionate share of the estimated
cost bears to the total estimated cost. Any sum payable by the developer
or his successor in interest may be levied and collected by the Township
in the same manner as is provided by law for the levy and collection
of real estate taxes.
In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to §§Â
245-345 and
245-346 of this article are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, or any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Township shall be released of liability to any other person.
In determining benefits conferred on properties
specially benefited by an off-tract improvement, the following formula
shall, subject to adjustment for peculiar or exceptional conditions,
be used:
A. The development shall be allocated that percentage
of 100 computed by dividing the development land area by the total
land area benefited by the off-tract improvement.
B. The development shall be allotted that percentage
of 100 computed by dividing the maximum potential intensity of use
of the development (total square feet of building floor area) by the
maximum potential intensity of use under existing zoning limitation
in the total land area benefited by the off-tract improvement.
C. In the case of linear improvements, i.e., roads, curbing,
sidewalks, pipes, drains, sewers, drainage easements, etc., the development
shall be allotted that percentage of 100 computed by dividing the
distance (measured along the course of the off-tract improvement)
from the connecting facility to the farthest abutting point of the
subdivision by the sum of the distance of all intervening properties,
including the developments abutting the off-tract improvement similarly
measured.
D. The sum of Subsections
A,
B and
C, if applicable, shall be divided by two (or three if Subsection
C is included), to arrive at the percentage which, subject to discretionary adjustment as above stated, shall be the percentage of the total cost of the off-tract improvements which shall be apportioned to the developer.
The requirement of appropriate off-tract improvements
and the apportionment of the cost of a portion thereof to the developer
shall, where applicable, be a condition of either preliminary approval
or final approval of a subdivision or site plan. If not imposed as
a condition of preliminary approval, such off-tract improvements and
the apportionment of the cost thereof shall be considered improvements
under N.J.S.A. 40:55D-1 et seq., which may be imposed at the time
of final approval.
Upon receipt from the developer of its 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 developer may be assessed against benefiting property
owners by the Township. Any assessments for benefits conferred made
against the developer or its 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
its pro rata share credits for its deposits, and then only to the
extent of the deficiency.
In the event that the developer installs and
constructs an off-tract improvement on any portion thereof, which
improvement is accepted by the Township, then the 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 its appointed cost with
the Township Engineer, as provided herein.