In the event the Planning Board shall determine
that off-tract improvements are required in connection with any subdivision
or site plan, then prior to granting final approval:
A.
The Planning Board shall report to the Borough Council:
B.
The Borough Council shall determine and report to
the Planning Board whether the off-tract improvement will be constructed
by:
(1)
The Borough as a general improvement, as a local improvement
or as a combination thereof; or
(2)
The subdivider or site plan applicant, with a formula
specified by the Borough Council providing for partial reimbursement
if the improvement specially benefits property other than that within
the subdivision or site plan.
C.
The Planning Board shall require, as a condition for
approval of the final plan or site plan, that:
(1)
If the improvement is to be constructed by the Borough
as a general improvement, the subdivider or site plan applicant deposit
with the Borough 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;
(2)
If the improvement is to be constructed by the Borough as a local improvement, the subdivider or site plan applicant deposit with the Borough Treasurer, in addition to the amount specified in Subsection C(1), the estimated amount by which the subdivision or site plan will be specially benefited by the improvement; or
A.
In determining the allocation of costs for off-tract
improvements as between the subdivider or site plan applicant, other
property owners and the Borough, the Planning Board shall be guided
by the following factors:
(1)
The total estimated cost of the off-tract improvements.
(2)
The increase in market values of the properties affected
and any other benefits conferred.
(3)
The needs created by the application.
(4)
Population and land use projections for the land within
the general area of the subdivision or site plan and other areas to
be served by the off-tract improvements.
(5)
The estimated time for construction of the off-tract
improvements.
(6)
The condition and periods of usefulness of the improvements,
which may be based upon the criteria of N.J.S.A. 40A:2-22.
B.
Without limiting the generality of the foregoing,
the Planning Board may take into account the following specific factors:
(1)
With respect to street, curb, gutter, sidewalk, shade
trees, streetlights, street signs and traffic light improvements,
the Board may consider:
(2)
With respect to drainage facilities, the Board may
consider:
(a)
The relationship between the area of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
(b)
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
(c)
The use, condition or status of the remaining
land area in the drainage basin.
(3)
With respect to water, gas and electric supply and
distribution facilities, the Board may consider the use requirements
of the use proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
(4)
With respect to sewerage facilities, the Board may
consider:
(a)
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvements.
(b)
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
Any money received by the Borough Treasurer
for off-tract improvements to be constructed or installed by the Borough
pursuant to the provisions of this chapter shall be deposited in a
suitable depository therefor and shall be used only for the improvements
for which it is deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited with any income thereon shall be returned to the
subdivider or site plan applicant or his successor in interest.
Upon completion of any improvement constructed
by the municipality as a general or local improvement, the total cost
of such improvement shall be determined by the Borough Treasurer.
The difference between the actual cost as so determined and the estimated
cost shall be computed. The subdivider or site plan applicant or his
successor in interest shall make remittance to the Borough if the
actual cost exceeds the estimated cost, or shall receive a refund
from the funds deposited with the Borough if the estimated cost exceeds
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 subdivider or site plan applicant for his proportionate
share of the estimated cost bears to the total estimated cost. Any
sum payable by the subdivider or site plan applicant or his successor
in interest may be levied and collected by the Borough 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 or 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 §§ 126-48 and 126-49 are the lawful successors in interest to the subdivider or site plan applicant and that each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this article. Upon payment of any such sums to the said fee owners, the Borough shall be released of liability to any other person.
