(a) The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this Ordinance;

(b) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of subsection (6)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to other sections of this Ordinance;

(c) Only contiguous lands located within the same zoning district and Pinelands Management Area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing . as of January 14, 1981;

(d) The depth to seasonal high water table is at least five (5) feet;

(e) Any potable water well will be drilled and cased to a depth of at least one hundred (100) feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least fifty (50) feet;

(f) No more than ten (10) alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single family dwelling;

(g) Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

(h) Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i) The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j) Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect that system at least once a .year and undertake any maintenance or repairs determined to be necessary during any .such inspection or as a result of observations made at any other time;

(k) The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in (6)(i) above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and

(l) No system shall be installed after August 5, 2007.

**Webmasters Note: The previous section has been added as per Ordinance No. 19-2003.

A. It is the general purpose and intent of the recreation requirements for Planned Unit Developments, Planned Unit Residential Developments and/or Residential Clusters as defined in subsection O and residential development in any Pinelands Area of the Township as defined in subsection O that all such new residential developments provide recreational facilities as part of the overall recreation program of the Township; that passive and active recreation are of equal importance and both serve legitimate municipal health, safety and welfare purposes; that to the extent feasible, central recreation facilities owned and maintained by the Township are generally accessible to the majority of Township residents and active recreation be centrally located in close proximity to existing Township owned recreation lands; and the active recreation, designed or located such that the potential users of said facilities are limited to a certain development or portion thereof, be owned and maintained by private homeowner's associations.

B. For all Planned Unit Developments, Planned Unit Residential Developments and/or Residential Clusters and all residential development in any Pinelands Area of the Township, the applicant shall propose adequate recreational facilities to serve the population of the development. The developer's recreation plans shall be submitted to the Planning Board or Zoning Board, as the case may be, for its review and approval. The Board will seek advice from other boards or advisory committees, and it shall be guided in its review of the needs of individual developments by the standards set forth herein and by the goals and objectives of the Master Plan.

For the purposes of this section, the number of persons generated per development for recreational needs assessment purposes shall be determined as follows:

1. Residential Unit Types:

a. Single-Family Dwelling = 3.5 persons

b. Townhouse/Condominium = 2.75 persons

c. Apartments = 2.25 persons

2. Age Restricted and/or Senior Citizen Housing*

a. Single-Family Dwelling = 2 persons

b. Townhouses = 2 persons

c. Condominium/ Apartments:

i. 1 Bedroom = 1 person

ii. 2 Bedroom = 1.5 persons

* Units must be in an age-restricted/senior citizen community development to qualify for the lower "per person" calculation. "Assisted Living" facilities are exempt from recreational requirements.

C. Determining the need for recreation facilities in certain areas of the Township shall be as follows:

1. In determining the need for recreation facilities in all residential development in the Pinelands Area of the Township, the Township adopts the guidelines for recreation land and facilities as designated by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq. and regulated through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq.

2. In determining the need for recreational facilities in Planned Unit Developments, Planned Unit Residential Developments and Residential Clusters, the Township herein adopts community-wide standards for parks, open space and recreational facilities, as set forth by the National Recreation and Park Association (NRPA), latest published guidelines. The NRPA provides both "level of service" and "population-based" standards. The Township believes that the "level of service" approach is more appropriate for urbanized communities that serve larger and more diverse constituencies. Therefore, the Township has adopted the "population-based" standard, where the need assessment can be more easily determined, thereby providing the most efficient means to determine and plan for the recreational requirements of the Township. It has modified such "population-based" standards where, in the opinion of the Township and its planner, said modifications are appropriate based on the unique needs and characteristics of the township, and the Township's operational and maintenance capabilities regarding recreational sites and facilities. The requirements under this section are as follows:

* Recreation facilities for age-restricted/senior citizen community developments shall meet the specific recreational needs of the residents of the communities. Not less than three (3) acres of open space should be reserved for development of clubhouse facilities, swimming pools, tennis courts, jogging areas, etc.

D. In order to provide for the safety and general welfare of the public, all Planned Unit Developments, Planned Unit Residential Developments and/or Residential Clusters and all residential development in the Pinelands Area of the Township shall set aside areas, for off-street recreation and/or play areas. The recreation areas required in this section shall not include easements, stormwater controls, detention facilities or right-of-way areas. The Planning Board or Zoning Board, as the case may be, shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed recreational facilities to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

E. In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

1. Common open space to be administered by a Homeowner's Association shall be distributed throughout the proposed development so that as many residential dwelling units as is practicable abut and have direct access to the common open space.

2. The protection of environmentally fragile and important resource land areas such as aquatic buffer areas, 500 year floodplain and treed acreage is a high priority.

3. Recreational sites shall be contiguous, useful and usable parcels and not small, fragmented and isolated pieces of land.

F. Any area which is specifically required and designated for active recreational purposes shall be fully usable for that purpose and shall have all improvements required by this section. All recreation areas and facilities shall be designed in accordance with the Americans with Disabilities Act.

G. Should the proposed development consist of a number of development stages, the Planning Board or Zoning Board, as the case may be, may require that passive recreation acreage proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

H. Passive recreation areas may be offered by deed to the Township or dedicated as common open space to a Homeowner's Association or other open space organization.

1. If the applicant proposes that the open space shall be dedicated to the Township, the Planning Board or Zoning Board, as the case may be, shall forward such request with its recommendation to the Township Council prior to the granting of preliminary approval of any development application containing the subject passive recreation area.

2. All passive recreation areas not offered to and/or not accepted by the Township shall be owned and maintained by a Homeowner's Association or other passive recreation organization as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

I. The Board may require a developer to make certain site preparation improvements to the passive recreation areas. These may include the following:

1. Removal of dead trees or diseased trees.

2. Thinning of trees or other growth to encourage more desirable growth.

3. Grading and Seeding.

4. Improvements of protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.

J. Development of recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with the Subsection, the Planning Board shall require the approval of an open space and recreational amenity phasing map which shall become part of an overall phasing plan and approval for any subdivision, planned and/or clustered development.

K. Reserved.

L. All low and moderate-income residential developments approved as part of the adopted Housing Plan element of the Master Plan and complying with all Council on Affordable Housing requirements, are exempt from the requirements of this section.

M. Site plans and details for all recreation facilities for all proposed Planned Unit Developments, Planned Unit Residential Developments and/or Residential Clusters and all residential development in the Pinelands Area of the Township shall be reviewed and approved by the Planning/Zoning Board Professional Staff. Facilities shall be designed in accordance with applicable standards governing the particular recreational facility proposed.

N. The following minimum standards apply to all recreation areas in Planned Unit Developments, Planned Unit Residential Developments and/or Residential Clusters and all residential development in the Pinelands Area of the Township:

1. All recreation facilities shall be designed with minimum grades to facilitate access by people with handicapping conditions in accordance with ADA standards.

2. Concrete and bituminous sidewalks, not less than five feet wide, shall be constructed to connect recreation facilities with adjacent parking lots and residential sidewalks. Buffer trees and maintenance-free ground cover shall be placed in the open space access area when the sidewalk is contained in an open space access less than fifty feet wide and is between residential lots. Such sidewalks shall be constructed to the actual playing facility and spectator areas.

3. Four inch concrete pads shall be placed under all benches and picnic tables and extend four feet out on the three sides and one foot to the rear to provide a stable area for wheelchairs to reduce lawn maintenance and to provide a continuous connection to the walkways.

4. Evergreen buffer plantings shall be provided wherever necessary to crate a visual and noise barrier between adjacent residential dwellings, as approved by the Planning Board/ Zoning Board.

5. Landscaping of recreation areas shall be with maintenance free plant material as approved by the Planning/Zoning Board Professional Staff.

6. All facilities shall be designed in accordance with barrier free design regulations.

7. The following standards shall be followed for designing facilities to meet the needs of handicapped person:

a. Provide handicapped parking stalls with ramps.

b. Provide barrier-free routes of travel with no obstructions and minimal grade changes.

c. Plantings next to walkways shall be species selected that will not interfere with handicapped travel.

d. All routes of travel, pedestrian and vehicular, shall be illuminated wherever use after dark is anticipated. Lighting intensity and design to be approved by the Planning/Zoning Board Professional Staff.

e. The quantity and location of gate openings shall be as determined by the Planning/Zoning Board Professional Staff. Gate handles shall be located thirty-two inches from the ground, and sixteen inch high metal kick-plates shall be provided across the entire width of the gate.

8. Stormwater management areas shall be designed for recreation areas in accordance with New Jersey's Stormwater Management rules (N.J.A.C. 7:8) and "The New Jersey Stormwater Best Management Practices Manual". All facilities shall be approved by the Township Engineer.

9. All recreation structures, equipment, facilities and surface materials will be purchased, built and installed and per ASTM standards and follow CPSC guidelines.

10. Surface materials shall include certified triple-shredded mulch PEA gravel or unitary surfacing material (no sand will be permitted).

11. All surface materials installed shall also have a means of containment around the play zone.

12. Every effort shall be made to not use chain link fence to separate a play area or entire recreation facility. Split rail fencing and natural vegetation/evergreen buffer shall be used.

13. Proper shading shall be provided near the play area especially over sitting areas found at the perimeter.

O. Definitions. For purposes of this ordinance, unless the context clearly indicates a different meaning:

1. PINELANDS AREA shall mean all land in the Township of Pemberton under the jurisdiction of the Pinelands Commission as designated by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq. and regulated through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq. as further acknowledged in the zoning code of the Township of Pemberton.

2. PLANNED UNIT DEVELOPMENT, PLANNED UNIT RESIDENTIAL DEVELOPMENT AND RESIDENTIAL CLUSTER shall have the meaning as defined by § N.J.S.A. 40:55D6 of the Municipal Land Use Law.

**Webmasters Note: The previous section has been amended as per Ordinance No. 11-2009.

Pedestrian Links via bikeways, bike lanes, bike paths or sidewalks shall be required. The location of pedestrian links in the form of bikeways, bike lanes or bike paths will depend on the probable volume of bicycle traffic, the site's location with relation to other populated areas or its location with respect to any overall bike route as shown on the Circulation Plan Map within the adopted Master Plan and Official Map adopted by the Township. Bicycle traffic should be separated from motor vehicle and pedestrian traffic if so required in the Residential Site Improvement Standards. Where separate bikeways or bike paths are constructed, they should be a minimum of eight feet wide and shall be constructed in accordance with the New Jersey Site Improvements Standards and the New Jersey Department of Transportation Planning and Design Guidelines for Bicycle Compatible Roadways and Bikeways. For nonresidential development where bikeways, are required, the RSIS and. DOT standards, supplemented as needed by the Standard Construction and Detail Sheets of the Township shall be used. The width of the bikeway may be decreased to less than eight feet if found necessary by the approving agency, upon a review of the particular site conditions and a report of the Planning/Zoning Board Engineer. Where striped bike lanes are permitted, they shall be constructed as per the New Jersey Site Improvements Standards.

**Webmasters Note: The previous section has been amended as per Ordinance No. 21-2008.

A. In all residential developments, sidewalks or bikeways are required, in concert with the New Jersey Site Improvement Standards (RSIS). Sidewalks shall be installed in those locations where the RSIS standards call for sidewalks and in locations as identified on the Circulation Plan Map within the adopted Master Plan and Official Map adopted by the Township. Sidewalks shall be at least four feet wide and shall be concrete. All sidewalks shall be constructed in accordance with the RSIS, and as appropriate, the Standard Construction Detail Sheets, as promulgated by the Planning/Zoning Board Engineer and adopted by the Township in accordance with law. All bikeways shall be constructed in accordance with Section 190-50.5 of the Code of the Township of Pemberton.

B. Sidewalks along non-residential streets shall be required, if the Planning/Zoning Board determines that they are needed, based on the Master Plan and the recommendations of the Board Engineer and Planner. This will include, but not be limited to, the issue of sidewalks on each side of the street or road.

**Webmasters Note: The previous section has been amended as per Ordinance No. 22-2008.

A. Required improvements. Applicants shall be required as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost providing reasonable and necessary street improvements, and/or water, sewerage and drainage facility improvements and any necessary easements therefore located outside the property limits of the subject premises but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development in accordance with N.J.S.A. 40:55d-42. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments. "On-site" and "off-tract" refer to the obligations imposed upon a development pursuant to the Municipal Land Use Law to provide certain services adjacent to the development site. The obligations imposed under this section assume that the obligation belongs to the developer and assesses special off-tract improvements which are needed for the development of the site but whose expenses would not otherwise be the direct responsibility of the developer.

B. Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably related to and/or created by the proposed subdivision or development, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Pemberton or Burlington county or, in lieu thereof, require the sub- divider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

C. General standards for other improvements. In cases where the need for any off-tract improvements to be implemented now or in the future is reasonable necessitated by the proposed development application, and where t is determined that properties outside the development also will be benefited by the improvement the following criteria, together with the provisions or rules and regulations of the Township of Pemberton or any department thereof, may be utilized in determining the developer's proportionate share of such improvements.

1. Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, truck and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

a. The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Pemberton Township sewer design standards, including infiltration standards.

b. Developer's pro rata.

(1) The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including, but not limited to, capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

(2) If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:

(3)Feasibility Study for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan application. Specific plans and details are required at the time an application is filed for Final Site Plan or Subdivision approval. The total cost for the improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board or Zoning Board as the case may be, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

2. Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

a. The applicant's engineer shall provide the Planning/Zoning Board Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

b. The applicant shall furnish a plan for the proposed off-tract improvements which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak- hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

c. Feasibility Study for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan application. Specific plans and details are required at the time an application is filed for Final Site Plan or Subdivision approval. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board or Zoning Board, as the case may be, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

3. including the installation, relocation or replacement of storm drain, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's prorated share shall be determined as follows:

a. The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Planning/Zoning Board Engineer and shall be based on a method either described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1986, as amended, or as described in American Society of Civil Engineers Manuals and Reports on Engineering Practice No. 37, 1974, as amended, or as otherwise approved by the Township Engineer.

b. The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Planning/Zoning Board Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by the Planning/Zoning Board Engineer. The prorated share for the proposed improvement shall be computed as follows:

c. Feasibility Study for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan applications. Specific plans and details are required at the time an application is filed for Final Site Plan or Subdivision approval. The total cost for the enlargement or improvement and the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board, with any reasonable adjustments, to the estimated costs, at the time when final approval of the application for development is granted.

4. Water

a. Regarding all non-residential developments and all planned developments, and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant at the applicant's sole expense, and in such a manner as to make adequate water service available to each lot or building within the development.

The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system (with no dead-end lines) whenever reasonable in accordance with R.S.I.S. N.J.A.C. 5:21-5.3(b).

For purposes of this section regarding subdivisions, "accessible", shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200 or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main.

b. Where no public water is accessible to a subdivision as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled-type with a minimum 100 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health that he/she has complied with all applicable State, County and local regulations.

c. Where no public water is accessible to a subdivision as defined hereinabove, the applicant shall also deposit funds in escrow with the Township of Pemberton in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to, materials, installation, taxes, appurtenances and surcharges, if any.

d. In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined hereinabove.

e. In all development projects, sufficient capacity must be supplied for fire suppression in accordance with Fire Marshall requirements, I0 Standards, or other criteria to be supplied by the appropriate Fire Officials on behalf of Pemberton Township.

f. Feasibility Study for the improved water system or extended water system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan applications. Specific plans and details are required at the time an application is filed for Final Site Plan or Subdivision approval. The total cost for the enlargement or improvement and the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board, with any reasonable adjustments, to the estimated costs, at the time when final approval of the application for development is granted.

D. Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Pemberton in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. It is the responsibility of the developer to provide a written request to the attention of the Township Clerk to request a return of the deposit or letter of credit. The Township of Pemberton shall have 90 days upon the receipt of the developer's request to elect to proceed with the off-tract improvement. An off-tract improvement shall be considered begun if the Township of Pemberton has taken legal steps to provide for the design and financing of such improvements.

E. Referral to the Township Council.

1. Where application for development suggest the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the Planning Board or Zoning Board, as the case may be, shall forthwith forward to the Township Council a list and description of all such improvements, together with a request that the Township Council determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Council determination or the expiration of the 90 days after the forwarding of such list and description to the Township Council without determination having been made, whichever comes sooner.

2. The Township Council, within 90 days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

3. In the event that the Planning Board or Zoning Board, as the case may be, is required by statute to act upon the application prior to receipt of the Township Council's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act of sufficient duration to enable the Township Council to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board, as the case may be, shall, n its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition is approval upon the subsequent determination of the Township Council.

F. Implementation of off-tract improvements.

1. In all cases, developers shall be required to enter into an agreement or agreements with the Township Council in regard to off-tract improvements in accordance with this section and any other ordinances, policies, rules and regulations of the Township of Pemberton, Burlington County, and the State of New Jersey and any departments, authorities or agencies thereof. In all cases, developers shall be required to enter into an agreement or agreements with Township Council in regard to off-tract improvements prior to the signing of plats.

Should such an agreement or agreements not be entered into within the aforesaid one-year time period or within such extended time period as may be granted by the Township Council, the municipal subdivision and/or site plan approval shall be deemed null and void.

2. Where properties outside the subject tract will be benefited by the improvements, the Township Council may require the applicant to escrow sufficient funds, in accordance with this section to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

3.Where properties outside the subject tract will benefit by the improvements, the Township Council may determine that the improvement or improvements-are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Council shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Council may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who 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 subject tract, will be specifically benefited thereby, and the sub- divider or developer shall be liable to the municipality for such expense.

4. If the Township Council shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby on proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Council may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as the same may be determined by the Board of Improvement Assessors.

5. If the Township Council shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this ordinance and any other rules, regulations or policies of the Township of Pemberton, County of Burlington, and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Council and the applicant.

6. In determining procedures to be followed in the event of the submission of a list and request form the Planning Board, the Township Council shall be guided by the following standards and considerations:

a. The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;

b. The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

c. The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or sub-regional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and

d. The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.

**Webmasters Note: The previous section has been amended as per Ordinance No. 23-2008.