§ 165-42. Off-tract improvements other than sanitary sewer and water improvements.

A. 

Pursuant to the powers established in N.J.S.A. 40:55D-42, the following standards are hereby promulgated with respect to determining the proportionate or pro-rata share of an applicant for a required off-tract improvement. Prior to the granting of final approval of a subdivision, the applicant shall have installed or made cash payments in the manner provided for below with respect to the immediate or ultimate installation of any required off-tract improvement.

(1) 

Allocation of costs: criteria is determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one or more of the foregoing, shall be determined by the Planning Board with the assistance of the appropriate Borough agencies on the basis of the total cost of the off-tract improvements; the increase in market values of property affected and any other benefits conferred; the needs created by the application; population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements; the estimated time of construction of the off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:22-2. The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:

(a) 

Street, curb, gutter, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application and the anticipated benefit thereto.

(b) 

Drainage facilities may also be based upon or be determined by the drainage created by or affected by any particular land use considering: the percentage relationship between the acreage of the application and the acreage of the total drainage basin; the use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and the use, condition or status of the remaining area of the drainage basin.

(2) 

Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

(3) 

Payment of allocated costs; form. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off-tract improvement allocated to the applicant shall be deposited with the municipality in the form of cash. Said deposit shall be paid by the subdivider to the Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the subdivider as hereinafter set forth.

(4) 

Deposit of funds. All funds paid by an applicant pursuant to this chapter shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

(5) 

Redetermination of assessment upon completion of improvements. Upon completion of off-tract improvements required by this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase or decrease the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith either pay the amount of such increase to the municipality or the municipality shall forthwith refund the amount of such decrease to the applicant.

B. 

Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this chapter.

C. 

Certification. Prior to the final acceptance of any of the required acceptance of any of the required improvements by the Borough, the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.