[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.
[Ord. #585, § 904B; Ord. #672,
Ord. #718, § 1]
a.
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.
b.
The governing body, within 90 days after receipt of
the list and description, shall determine and advise the Board whether:
1.
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
2.
The improvement or improvements are to be constructed
or installed by the developer under a formula for partial reimbursement
as hereinafter set forth.
c.
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.
d.
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.
e.
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.
f.
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.
[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:
a.
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
b.
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
c.
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.
[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.
[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.
[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.
