Township of Bernards, NJ Off-Tract Improvements

§ 21-61.1 Improvements to be Constructed at the Sole Expense of the Developer.

[Ord. #585, § 904A; Ord. #672; Ord. #718, § 1]

In cases where the need for an off-tract improvement or improvements is created by the proposed development and where no other property owners receive a special benefit thereby, the Board may recommend to the governing body that it require the applicant, as a condition of approval, to acquire lands at the applicant's expense outside of the tract proposed for development and improve and dedicate such lands to the Township or county in the manner provided hereafter and as otherwise provided by law as if such improvements were on-tract improvements or, in lieu thereof, require the developer to deposit with the Township a sum of money sufficient to allow the municipality to acquire and improve such lands.

§ 21-61.2 Other Improvements.

[Ord. #585, § 904B; Ord. #672, Ord. #718, § 1]

In cases where the need for any off-tract improvement is created by the proposed development and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the governing body a list and description of all such improvements together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall defer final action upon the development plan until receipt of the governing body's determination, or until the expiration of 90 days after the forwarding of such list and description to the governing body without such determination having been made, whichever occurs first.

The governing body, within 90 days after receipt of the list and description, shall determine and advise the Board whether:

The improvement or improvements are to be constructed or installed by the municipality:

(a)

As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to the contribution thereto by the developer); or

(b)

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the developer); or

The improvement or improvements are to be constructed or installed by the developer under a formula for partial reimbursement as hereinafter set forth.

If the governing body shall determine that the improvement or improvements shall be constructed or installed under paragraph b.1(a) above, the Board shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the developer for any excess of total cost over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements shall be constructed or installed under paragraph b.1(b) above, the Board shall, as provided in paragraph c above, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the developer with respect thereto, and proceedings under the ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the developer for any excess of total cost over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements are to be constructed or installed by the developer under paragraph b.2 above, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the municipality therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvement, if, as, and when the special assessments against such other property are received by the municipality. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements and proceedings under the ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the developer.

If the governing body shall not adopt such an ordinance or resolution within the time, the final development plan shall be designed accordingly, and the Board shall thereupon grant or deny final approval.

§ 21-61.3 Performance Guaranty.

[Ord. #585, § 904C; Ord. #672; Ord. #718, § 1]

The developer shall be required to provide, as a condition for final approval of his development plan application, a performance guaranty running to the municipality as follows:

If the improvement is to be constructed by the applicant under subsection 21-61.1 or under subsection 21-61.2, paragraph b.2 above, a performance bond with surety in an amount equal to the estimated cost of the improvement, or, of any part of the improvement is to be acquired or installed by the municipality under the subsection, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality; or

If the improvement is to be constructed by the municipality as a general improvement under subsection 21-61.2, paragraph b.1(a) above, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby; or

If the improvement is to be constructed by the municipality as a local improvement under subsection 21-61.2, paragraph b.1(b) above, a cash deposit equal to the amount referred to in paragraph b above plus an amount equal to the estimated amount by which the development property will be specially benefited by the improvement.

§ 21-61.4 Transfer of Deposit Where Improvements Are Not Authorized Within Ten Years.

[Ord. #585, § 904D]

In any case in which a developer shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the governing body of the municipality shall have enacted an ordinance authorizing the improvement within 10 years after the date all other development improvements are completed or the money shall be transferred to the municipal capital improvements fund.

§ 21-61.5 Deposit of Funds.

[Ord. #585, § 904E; Ord. #672; Ord. #718, § 1]

All moneys paid by a developer pursuant to this chapter 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 were deposited or improvements serving the same purpose.

§ 21-61.6 Redetermination of Assessment Upon Completion of Improvement.

[Ord. #585, § 904F; Ord. #672; Ord. #718, § 1]

Upon completion of off-tract improvements required pursuant to this chapter, the developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the developer shall forthwith pay the amount of such increase to the municipality. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the developer. In cases where 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.