(a) Application requirements. At least ten days and no more than 20 days prior to a regular meeting of the municipal agency, the applicant for final approval of a subdivision plat or a site plan for a planned residential development shall file the following documents with the secretary of the municipal agency:

(1) Plat or site plan; soil erosion and sedimentation control plan; surface water management plan. If the application for development is for final approval of a subdivision plat for a planned residential development, the applicant shall submit all documents set forth under section 62-154(a) pertaining to application requirements. If the application for development is for final approval of a site plan for a planned residential development, the applicant shall submit all documents set forth under section 62-156(b) pertaining to application requirements.

(2) Application forms. The applicant shall submit three complete copies of an application form, which form shall be obtained from the secretary of the municipal agency.

(3) Environmental impact statement. An environmental impact statement shall be submitted pursuant to the requirements of article V of this chapter.

(4) Disclosure of ownership. Disclosure of ownership shall be pursuant to section 62-2838(b).

(5) Letter acknowledging review by state. Application and proof of the application shall be made to the state department of environmental protection and energy for a letter of interpretation or an exemption letter, acknowledging review by this agency.

(b) Application procedures. Application procedures shall be as follows:

(1) Copies of application; review. The secretary of the municipal agency, within three days, shall forward one copy of the completed application to the township engineer, the township planner, the county planning board, the state division of state and regional planning and such other officials as the board may direct and shall request each to review the application and to file a written report of his findings and recommendations prior to the next regular meeting of the board, giving full consideration to all applicable standards and principles set forth in division 2 of this article.

(2) Notice of hearing. The applicant shall comply with the hearing and notice requirements of this chapter.

(3) Copies of decision; publication. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.

(4) Signing of plan on approval. If the application is approved, the approval shall be noted upon the final subdivision plat or the final site plan and shall be signed by the chairman and the secretary of the board within ten days of the date of final approval.

(c) Time for approval of final subdivision plat or site plan for planned residential development. The time in which the board shall act on an application for final approval of a subdivision plat for a planned residential development shall be the same as that set forth in section 62-154(c)(1) pertaining to the time for a decision. The time in which the board shall act on an application for final approval of a site plan for a planned residential development shall be the same as that set forth in section 62-156(d) pertaining to the time for approval or denial of the final site plan.

(d) Effect of final approval of subdivision plat or preliminary site plan for planned residential development. The effect of an approval of a final subdivision plat for a planned residential development shall be the same as that set forth in section 62-154(d) pertaining to the effect of final approval of major subdivision. The effect of an approval of a final site plan for a planned residential development shall be the same as that set forth in section 62-154(e) pertaining to expiration of the approval.

(e) Final approval of sections or stages of planned residential development. Applications for final approval may be for the entire planned residential development or, to the extent set forth in the agreement for timing of the development between the developer, the board and the township council, for a section thereof. Applications shall be made within the time specified in the agreement for timing of the development.

(f) Deviations from conditions of preliminary approval. Deviations from the conditions of preliminary approval shall be in accordance with the following:

(1) Change of conditions beyond control of developer. The board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer, after the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.

(2) Minimal deviation. For purposes of this subsection, a minimal deviation shall be a deviation which does not:

a. Vary the proposed residential density or intensity of use by more than five percent within the maximum permitted.

b. Involve a reduction of the area set aside for common open space nor the substantial relocation of such area.

c. Increase by more than ten percent the floor area proposed for nonresidential use.

d. Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.

(3) New application for change. If the proposed change is not a minimal deviation, as defined in subsection (f)(2) of this section, the developer shall be required to submit another application for development for preliminary approval.

(4) New application for preliminary approval. If the developer is required to submit another application for development for preliminary approval because the requested changes are not minimal deviations and if the developer has entered into an approved agreement for timing of the development as part of his original application for preliminary approval, he may submit a new application for preliminary approval for the entire development or for one or more sections of that development. (Code 1988, § 175-47)

(a) Short title. This section shall be known as the general development plan ordinance.

(b) Applicability. Any developer of a parcel of land greater than 300 acres in size for which the developer is seeking approval of a planned office/commercial development under section 62-1352 or a planned office/corporate development under section 62-1311 may submit a general development plan to the planning board prior to the granting of preliminary subdivision approval or preliminary site plan approval. For the purpose of this requirement, existing streets, rights-of-way for interior roads to be constructed, zone district boundary lines, utility lines and railroads shall not be deemed to divide acreage.

(c) Plat required. Except for required reports and other written documentation, the general development plan shall be submitted in plat form at a scale of approximately one inch equals 200 feet or such other scale permitting the entire site to be shown on one sheet not larger than 42 inches by 60 inches. Enlargements of portions of the plan may be submitted on separate sheets of the same size.

(d) Contents. A general development plan shall include the following:

(1) A general land use plan indicating the tract area and general locations of the land uses to be included in the planned development. The total amount of floor area to be provided and proposed land area to be devoted to such use shall be set forth. In addition, the proposed types of uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and the floor area ratio shall be provided.

(2) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development.

(3) An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of such parks and recreational lands.

(4) A utility plan indicating the need for and showing the proposed location of sewer and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.

(5) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.

(6) An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site; existing manmade structures or features; and the probable impact of the development on the environmental attributes of the site.

(7) A community facility plan indicating the scope and type of supporting community facilities, which may include but not be limited to educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

(8) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.

(9) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipalities or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under this chapter, and following the completion of the planned development in its entirety.

(10) A proposed timing schedule for a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the occupants of any section of the planned development prior to the completion of the development in its entirety.

(11) An agreement between the developer, the planning board and the township relating to the planned development.

(e) Time for decision when planning board reviews application for plan approval. The planning board shall grant or deny the general development plan within 95 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute general development plan approval of the planned development.

(f) Effect and duration of approval. The effect and the duration of approval shall be as follows:

(1) The planned development shall be developed in accordance with the general development plan approved by the planning board notwithstanding any provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval.

(2) The term of the effect of the general development plan approval shall be determined by the planning board using the guidelines set forth in subsection (f)(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.

(3) In making its determination regarding the duration of the effect of approval of the general development plan, the planning board shall consider the following:

a. The amount of floor area to be constructed;

b. Prevailing economic conditions;

c. The timing schedule to be followed in completing the development and the likelihood of its fulfillment;

d. The developer's capability of completing the proposed development;

e. The contents of the general development plan; and

f. Any conditions which the planning board attaches to the approval thereof.

(g) Modification of proposed timing schedule. If the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the planning board. The planning board shall, in deciding whether or not to grant approval of the modification, take into consideration the following:

(1) Prevailing economic and market conditions;

(2) Anticipated and actual needs for residential and nonresidential space within the township and the region; and

(3) The availability and capacity of public facilities to accommodate the proposed development.

(h) Variations in location of land uses or increase in density or floor area ratio. The developer shall be required to gain the prior approval of the planning board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

(i) Amendment or revision of plan; allowable reductions within original approval. Procedures for amendment or revision of the general development plan and allowable reductions within the original approval shall be as follows:

(1) Except as provided under this section, once a general development plan has been approved by the planning board, it may be amended or revised only upon application by the developer approved by the planning board.

(2) A developer, without violating the terms of the approval pursuant to this section, may, in undertaking any section of the planned development, after written notice to the planning and engineering department, reduce the amount of floor space by no more than 15 percent or reduce floor area ratio by no more than 15 percent.

(j) Notice of completion of section of development; notice by township of nonfulfillment; hearing; termination of approval; causes. Notice of completion of a section of the development, notice by the township of nonfulfillment, hearing procedures and termination of approval shall be in accordance with the following:

(1) Upon completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this subsection, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every structure, as set forth in the approved general development plan and pursuant to section 15 of the Uniform Construction Code, N.J.S.A. 52:27D-133. If the township does not receive such notification at the completion of any section of the development, the township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

(2) If a developer does not complete any section of the development within eight months of the date provided for in the approved plan or if at anytime the township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the township shall notify the developer, by certified mail, and the developer shall have ten days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The planning board thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the planning board finds good cause to terminate the approval, it shall provide written notice of the termination to the developer, and the approval shall be terminated 30 days thereafter.

(3) If a developer has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the planning board, the planning board shall have cause to terminate the approval. However, the planning board, in establishing the timing schedule pursuant to subsection (d)(10) of this section, and the township, in negotiating a developer's agreement relating to the planned development in accordance with subsection (d)(11) of this section, may allow for preliminary approval for a section of the planned development to be applied for subsequent to five years of the date upon which the general development plan has been approved by the planning board, provided at least one section of the planned development has been applied for within five years of the date upon which the general development plan has been approved by the planning board, in which case the planning board shall not have cause to terminate the general development plan approval as long as the developer shall fulfill his obligations under the approved plan.

(k) Termination of approval upon completion of development. If a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval. (Ord. No. 16-03, § 11(175-47.1), 4-1-2003)

(a) Exceptions from subdivision requirements. The municipal agency, when acting upon applications for preliminary major or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(b) Exceptions from site plan requirements. The municipal agency, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(c) Deviations for reasons beyond control of developer. The municipal agency may permit deviation from a final plan for development if caused by a change of conditions beyond the control of the developer after the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and the zoning provisions of this chapter.

(d) Authority to decide conditional use or site plan simultaneously with subdivision. The municipal agency shall have the power to review and approve or deny conditional uses, site plans, variances and subdivisions simultaneously with review for subdivision approval without the developer being required to make further application to the board or the board being required to hold further hearings. The longest time period for action by the board, whether it is for subdivision, conditional use or site plan approval, shall apply. Notice of a hearing for any combined application shall include notice of a hearing on all approvals sought. The board may permit the combined application for preliminary and final site plan approval, provided that notice of the public hearing specifies both approvals requested, and further provided that the time to act and the information provided shall be the same as if the applications were made consecutively.

(e) Time for decision. The review by the municipal agency of a conditional use shall include any required site plan review, and the time period for action by the board on conditional uses shall apply to such site plan review. Failure of the board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the board to act shall be issued on request of the applicant. (Code 1988, § 175-48)

(a) Time for valuation for higher use. Any parcel of land receiving preliminary subdivision, site plan or planned residential development approval for a use other than agriculture or horticulture, notwithstanding its valuation, assessment and taxation as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., shall be valued, assessed and taxed as of January 1 of the year following such preliminary approval as other land in the taxing district, such value and assessment to be established and taxes paid in accordance with the provisions of sections 8 and 9 of the Farmland Assessment Act of 1964, N.J. S.A. 54:4-23.8, 54:4-23.9, provided that the provisions thereof shall apply serially to any development whose preliminary approval proposes construction in stages and a separate application for final approval for each stage, and only that stage of the development designated for the earliest application for final approval shall be valued, assessed and taxed as provided in this section until certificates of occupancy for 50 percent of the building permits in such stage have been issued, at which time the second stage shall be valued, assessed and taxed as provided in this section and so on until qualification for valuation, assessment and taxation pursuant to the provisions of the Farmland Assessment Act of 1964 lapses for the last stage of such development.

(b) Revaluation following lapsed preliminary approval. Any parcel of land, otherwise qualifying as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, N.J. S.A. 54:4-23.1 et seq., for which preliminary approval shall have lapsed pursuant to law or for which the owner thereof shall have made request, in writing, to the approving municipal body for rescinding of such preliminary and all subsequent approvals, shall be assessed, valued and taxed in the manner provided in the Farmland Assessment Act of 1964 as of January 1 of the year following such lapse or rescission.

(c) Tolling of increased assessment during period of inability to develop. Any parcel of land to which the provisions of subsection (a) of this section are applicable but which cannot be developed because of the lack of available sanitary sewerage or water supply capacity necessary to serve such development shall be exempt from the operation of the provisions of subsection (a) of this section for the period from January 1 of the year following the calendar year in which such development becomes impracticable because of such lack of capacity to January 1 of the year following the calendar year in which such capacity becomes available.

(d) Lands affected. The provisions of this section shall apply to any parcel of land designated as an agricultural or horticultural use, pursuant to the provisions of the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., which has tentative or subsequent planned unit development approval or site plan approval on August 1, 1976, which approval is thereafter extended in duration of time beyond the period approved therefor before August 1, 1976. (Code 1988, § 175-49)

(a) Dedication of open space to township. The township may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, although it shall not be a condition of the approval of a planned residential development that land proposed to be set aside for common open space be dedicated or made available to public use. Such land or interest shall be deemed accepted by the township only upon presentation and acceptance of a deed in a form which meets the approval of the township attorney, together with a certification from the tax collector that no municipal liens, taxes or assessments for local improvements are due, payable, delinquent or pending on such property or interest. Anyone seeking acceptance of any such land or interest after September 30 of any calendar year shall first deposit with the tax collector a sum equal to the estimated taxes on such property or interest for the calendar year next following. Nothing contained in this subsection shall be deemed to eliminate any right lawfully vested in the township council under N.J.S.A. title 54 to waive or forgive the payment of any taxes, municipal liens or assessments for local improvements.

(b) Establishment of organizations to own and maintain open space. Any developer who submits any application for planned residential development or a residential cluster shall provide an organization for the ownership and maintenance of open space for the benefit of owners or residents of the development if the open space is not dedicated to the township or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the open space to the township.

(c) Remedies of township when organization fails to maintain open space. If such organization shall fail to maintain the open space in a reasonable order and condition, the township council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. Such notice shall include a demand that the deficiencies of maintenance be cured within 35 days and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the township council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within such 35 days or any permitted extension thereof, the township, in order to preserve the open space and maintain the open space, for a period of one year, may enter upon and maintain such land. Such entry and maintenance shall not vest in the public any rights to use the open space, except when the open space is voluntarily dedicated to the public by the owners. Before the expiration of such year, the township council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owner of the development, to be held by the township council. At the hearing such organization and the owners of the development shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the township council shall determine that such organization is ready and able to maintain the open space in a reasonable condition, the township shall cease to maintain the open space at the end of such year. If the township council shall determine that the organization is not ready and able to maintain the open space in a reasonable condition, the township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the township council, in any case, shall constitute a final administrative decision, subject to judicial review.

(d) Assessment of costs of maintenance by the township when open space is not dedicated to township. The cost of maintenance by the township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on such properties and shall be added to and be apart of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes. (Code 1988, § 175-50)

(a) Designation on plat of public areas. Where the master plan or official map of the township provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision or site plan, the municipal agency may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses.

(b) Acquisition of public areas by township. The municipal agency may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless, during such period or extensions thereof, the township shall have entered into a contract to purchase or shall have instituted condemnation proceedings according to law for the fee or a lesser interest in the land comprising the streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plot and may proceed to use such lands for private use in accordance with applicable development regulations.

(c) Exception for required dedications. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

(d) Compensation to developer. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

(e) Payment of compensation. Payment of compensation shall be in accordance with the following:

(1) The planning board shall notify the developer, in writing, of its intention to reserve all or a portion of the land which is the subject of an application. Such notice may be included in a resolution of preliminary or final approval or may be given to the developer in a separate document.

(2) When the period of reservation is ended, the planning board shall promptly notify the developer and the township council. No later than 45 days from the date on which the period of reservation is ended, the township council shall, by resolution, appoint an assessment commission to determine the amount of compensation to be paid by the township on account of the reservation.

(3) The assessment commission shall be made up of three discreet freeholders, residents of the township, who are in no way interested in the subject property. No member of a municipal agency shall serve as an assessment commissioner.

(4) Within 30 days of their appointment, the assessment commissioners shall inspect the property and shall fix a time and place for hearing all persons interested in the matter. Notice of the hearing shall be given by publication in the official newspaper of the township at least ten days prior to the date of the hearing and shall be served upon the property owner by mailing a copy thereof, by certified mail, to the property owner at his address as shown on the current tax duplicate. All persons interested or affected shall have ample opportunity to be heard, and all witnesses shall be examined under oath. Thereafter the commission shall determine the amount of a just and equitable award, based on the requirements of subsections (a) through (d) of this section, and shall certify and report the determination to the township council.

(5) The township council shall thereafter consider the report and may adopt and confirm the report with or without alterations, as may seem proper to it, and may refer the matter back to the assessment commission for revision or correction before taking final action upon it. The township council shall fix a time and place for hearing all persons interested in the matter who may object to the amount of compensation reported by the assessment commission. Notice of the hearing shall be given by publication in the official newspaper of the township at least ten days prior to the date of the hearing and shall be served upon the property owner by mailing a copy thereof, by certified mail, to the property owner at his address as shown on the current tax duplicate. All persons interested or affected shall have an opportunity to be heard, and all witnesses shall be examined under oath.

(6) When the report and award shall be adopted and confirmed, with or without alterations, it shall be deemed to be final and conclusive. Any person aggrieved by such award may, after the award has been confirmed by the township council, with or without alterations, appeal therefrom to the superior court. Appeals must be taken within 45 days of the day of confirmation by serving written notice upon the township clerk, or the right of appeal shall be deemed to be waived.

(7) When the award is confirmed by the township council, the amount thereof shall, after such confirmation, be tendered to the person entitled thereto. If it is uncertain as to who is entitled thereto or if the township is unable to tender such an award by reason of the incapacity or absence of any person entitled thereto, or otherwise, or if any person refuses to accept or receive such award, the award may be paid into the superior court to be distributed to the person entitled thereto according to law.

(8) The award shall be paid from the proceeds of a specific or general bonding ordinance, from a capital fund established for such purposes or from a general appropriation. If the award is not paid within two months of the date of confirmation, interest thereon from the date of confirmation shall be imposed at the same rate as may be imposed upon unpaid taxes in the township.

(9) If it deems it equitable to do so, the township may credit the amount of taxes or other municipal assessments or liens due to the township against the amount of the award to be paid to the person entitled thereto. (Code 1988, § 175-51)

(a) Payment required before final all plan sign-off Prior to final sign off of a subdivision or site plan, the developer shall have paid his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the subdivision but necessitated or required by construction or improvements within such subdivision. Such improvements shall be deemed reasonable and necessary when they are set forth in the circulation plan element and the utility service plan element of the township master plan.

(b) Standards for allocation of costs. The standards by which the municipal agency shall determine the proportionate or pro rata amount of the cost of the facilities to be borne by each developer or owner within a related and common area shall not be altered subsequent to preliminary approval. The allocation of costs shall be based on the following standards:

(1) Total improvements. The municipal agency may consider the total cost of the off-tract improvements, the benefits conferred upon the developer, the needs created by the development, population and land use projections for the general areas of the development and other areas to be served by the off-tract improvements and the condition and periods of usefulness.

(2) Off-tract street improvements.

a. Purpose. This subsection is intended to ensure a pro rata share allocation of the costs for off-tract street improvements necessitated by new development. In apportioning the costs of off-tract street improvements between the applicant, other property owners and the general public, the township has been guided by the following factors:

1. The increase in the value of the properties affected and other benefits conferred.

2. The needs created by the application.

3. Population and land use projections for the lands within the general area of the subdivision or site plan and other areas to be served by the off-tract street improvements.

4. The estimated time for construction of the off-tract improvements.

b. Definition and principles. As a condition of preliminary subdivision or site plan approval and in those circumstances where a simultaneous application for preliminary and final approval is filed as a condition of such preliminary and final approval, the municipal board shall require an applicant to pay his pro rata share of the cost of providing reasonable and necessary circulation improvements, including land and easements therefor, located off-tract of the property limits of the subdivision or development but necessitated or required by the development. The capacity and design of proposed improvements shall be based upon the circulation plan element of the master plan. Costs shall be reasonably related to the added growth attributable to the applicant's development, and the maximum amount which may be charged to any development shall not exceed the applicant's fair share of the total improvement costs. The proportionate or pro rata amount of the cost of such improvements within a related or common area shall be based on the criteria set forth in this section. Off tract street improvements shall be limited to those improvements identified in the circulation element of the master plan as local improvements and shall include intersections between local and county or state streets. An applicant's pro rata share of off tract street improvements shall include a share of those improvements benefiting the applicant which are commenced or constructed by or for the township subsequent to the adoption of this chapter but prior to the applicant's preliminary subdivision or site plan approval and/or preliminary and final approval if applied for simultaneously

c. Developer's agreement; recordation. Where an applicant is required to contribute to off-tract street improvements, the applicant shall enter into a developer's agreement with the township committee and municipal board which shall include the applicant's pro rata share of off-tract street improvement costs. The agreement shall also include a provision for credit or partial reimbursement to the applicant if off-tract street improvements are constructed by the applicant which specially benefit property other than that of the applicant. The applicant shall record the agreement, at its own expense, with the county clerk and shall file a copy of the recorded agreement with the township clerk.

d. Improvements to be constructed at the sole expense of the developer. In cases where the need for off tract improvements is created by the proposed development and where no other property owner receives a special benefit thereby, the board may recommend to the township council 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.

e. Other improvements.

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 township council a list and description of all such improvements together with its request that the township council 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 township council's determination, or until the expiration of 90 days after the forwarding of such list and description to the township council without such determination having been made, whichever occurs first.

2. The township council, within 90 days after receipt of the list and description, shall determine and advise the board whether:

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

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

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 N.J.S.A. 40:56-1 et seq., (except as hereinafter otherwise provided as to a contribution thereto by the developer); or

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

3. If the township council shall determine that the improvement or improvements shall be constructed or installed under subsection (b)e.21 of this section, 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 township council 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 in this section.

4. If the township council shall determine that the improvement or improvements shall be constructed or installed under subsection (b)e.21. of this section, the board shall, as provided in subsection (b) e.3 of this section, 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 township council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefrom in a manner consistent with the obligation of the developer with respect thereto, and proceedings under the ordinance shall be in accordance with N.J.S.A. 40:56-1 et seq., except to the extent modified by the obligation of the developer for any excess of total cost over total benefits conferred, as set forth in this section.

5. If the township council shall determine that the improvement or improvements are to be constructed or installed by the developer under subsection (b)ee.2.ii of this section, 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 improvements, if, as, and when the special assessments against such other property are received by the municipality. Further, the township council 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 N.J.S.A. 40:56-1 et seq. 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.

6. If the township council shall not adopt such an ordinance or resolution within the 90 day period, the final development plan shall be designed accordingly, and the board shall thereupon grant or deny final approval.

f. Escrow accounts. Where the proposed off-tract street improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited in a separate interest-bearing account, to the credit of the township, until such time as the improvement is constructed. If the off-tract street improvement is not commenced within ten years of deposit, all moneys and interest shall be returned to applicant. An improvement shall be considered commenced if right-of-way acquisition and/or final engineering is in progress and the improvement is fully funded and committed to by the municipality.

(3) Drainage. The developer's pro rata costs for drainage facilities may be based upon:

a. The proportionate relationship between the acreage for the developer and the acreage of the total drainage basins involved;

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; and

c. The use, condition or land status of the remaining land area in the drainage basin.

(4) Sewerage. The developer's pro rata costs for sewerage facilities may be based upon:

a. The proportion that the development's total anticipated volume of sewerage effluent bears to the existing capacity of existing and projected sewage facilities;

b: The condition of lines and other appurtenances leading to and serving the development;

c. The types of effluent;

d. The use, condition or status of the remaining land in the sanitary sewer service area; and

e. Particular problems requiring special equipment or added costs for treatment.

(5) Water. The developer's pro rata costs for water supply and distribution facilities may be based upon the added facilities required by the total anticipated water use requirements of the development.

(c) Payment under protest. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount. (Code 1988, § 175-52; Ord. No. 5-00, § 175-52, 3-7-2000)