The same standards and principles which are applicable to subdivisions and which are set forth in §§ 90-12 through 90-14 above shall be applicable to nonresidential site plan review. Additionally, in reviewing any site plan, the Planning Board shall consider:
A. Pedestrian and vehicular traffic movement in and adjacent to the site, with particular emphasis on the provision and layout of the parking area, bikeways and all street loading and unloading with movement of people, goods and vehicles from access roads within the site built between buildings and between buildings and vehicles.
B. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and an efficient arrangement. Particular attention shall be given to safety and fire protection impact on surrounding development and contiguous and adjacent buildings and lands.
C. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. The direction of lights shall be arranged so as to minimize glare and reflection on adjacent properties. Not less than one-half (1/2) footcandle nor more than four (4) footcandles of illumination shall be provided in parking areas. [Amended 63-1991 by Ord. No. 8-91]
D. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movements of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives in the judgment of the Township Shade Tree Commission or Planning Board, as appropriate. Said buffer shall be not less than ten (10) feet in width. (Amended 8-7-1989 by Ord. No. 6-89; 6-3-1991 by Ord. No. 8-91]
E. [Amended 6-3-1991 by Ord. No. 8-91] Landscaping and shade trees. The applicant shall provide shade trees and other plantings in accordance with the following standards:
(1) Purpose.
(a) Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
(b) Landscaping may include plant materials, such as trees, shrubs, ground cover, perennials and annuals, and other materials, such as rocks, water, sculpture, art, walls, fences and building and paving materials.
(2) Landscape plan. A landscape plan shall be submitted with each site plan and major subdivision application, unless an exception is granted. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
(3) Site protection and general planting requirements.
(a) Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four (4) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(b) Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed - of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of sitegenerated new construction wastes on-site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.
(c) Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposits shall be placed within four (4) feet of shrubs or ten (10) feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting but shall be self-supporting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
(d) Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment
(e) Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.
(f) Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.
(g) Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.
(4) Street trees.
(a) Location.
[1] Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.
[2] When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:
[3] When the spacing interval exceeds forty (40) feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, site easements or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.
(b) Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.
(c) Planting specifications. All trees shall have a caliper of at least two (2) inches, and they shall be nursery grown and of substantially uniform size and shape and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or -dying trees shall be replaced by the applicant during the next planting season.
(5) Buffering.
(a) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations to achieve the stated objectives.
(b) When required.
[1] Buffering shall be required when topographic or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts, such as incompatible land uses, noise, glaring light and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and to screen dwelling units.
[2] When required, buffers shall be measured from side and rear property lines, excluding access driveways.
[a] Where more intensive land uses abut less intensive uses, a buffer strip twenty-five (25) feet in width, but not to exceed ten percent (10%) of the lot area in width, shall be required.
[b] Parking areas, garbage collection and utility areas and loading and unloading areas should be screened around their perimeters by a buffer strip a minimum of five (5) feet wide.
[c] Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower order streets and a landscaped buffer area should be provided along the property line abutting the road. The buffer strip shall be a minimum of twenty-five (25) to thirty- five (35) feet wide or wider where necessary for the health and safety of the residents, but not to exceed ten percent (10%) of the lot area, and shall include both trees and shrubs.
(c) Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four (4) feet, and the maximum side slope shall be two to one (2:1).
(d) Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight (8) feet in height shall be produced within three (3) growing seasons. All plantings shall be installed according to accepted horticultural standards.
(e) Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
(6) Parking lot landscaping.
(a) Amount required. In parking lots, at least five percent (5%) of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five (5) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.
(b) Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
(c) Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover or covered with mulch.
(7) Paving materials and walls and fences.
(a) Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick, cement pavers, asphalt and stone.
(b) Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions.
[1] Design and materials shall be functional, they shall complement the character of the size and type of building, and they shall be suited to the nature of the project
[2] No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(8) Street furniture.
(a) Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.
(b) Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.
(c) Selection of street furniture shall consider durability, maintenance and long-term cost.
F. Signs shall be designed so as to 'De aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
G. Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and maintain an adequate supply of water at sufficient pressure.
H. Garbage disposal shall be reviewed to ensure frequent collection, vermin and rodent protection and aesthetic consideration. All systems shall meet township specifications as to installation and construction. All garbage disposal facilities shall be screened. [Amended 8-7-89 by Ord. No. 6-89]
The developer shall observe the following requirements and principles of land development in the design of each development or portion thereof.
A. The development plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be' considered in approval of development plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare.
B. Prior to the issuance of a certificate of occupancy, the developer shall do all grading and construct all streets, driveways, curbs, drainage, water, sewer and all underground facilities and utilities. Where weather conditions mitigate against completion of all improvements, such as the top two inches of roadway surface, sidewalks, shade trees and grass strips, monuments or other such improvements, said improvements, as permitted by the Planning Board, may be covered by the posting of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for such improvements, 10% of which shall be in the form of cash or certified check, and which shall be deposited in a trust account of the township with the Township Committee. The aforementioned performance guaranty shall be in the form of cash, certified check or irrevocable letter of credit. [Amended 8-7-1989 by Ord. No. 6-89; 10-6- 1997 by Ord. No. 97-14]
C. The following provisions and standards shall govern the installation of improvements. All of the construction improvements cited in Subsection C(1) through (6) below shall be constructed in accordance with current New Jersey Highway Department Standard Specifications for Road and Bridge Construction, 1961, and amendments and supplements thereto, copies of which are on file in the office of the Township Engineer.
(1) Streets. The developer shall, at his own expense, grade all streets in conformity with the terrain and good engineering practices, shall have all underground utilities installed prior to any street paving construction, shall construct adequate underground pipe drainage systems to carry off surface waters, shall construct streets in accordance with specifications shown below and shall submit plans, profiles, cross-sections and designs for the work to the Township Engineer for approval prior to the start of any construction.
(a) All streets shall have a minimum width as set forth in § 90-14B(2).
(b) The crown of the roadway pavement shall be not less than four inches nor more than six inches, with a six-inch curb face or as otherwise required by the Township Engineer.
(c) Streets of width greater than 50 feet shall be divided and paved as directed by the PI Board.
(d) Where a major development provides for lots along an existing street or road, the Planning Board shall require the developer to widen and improve the existing street along such major development lots.
(e) The street roadway area shall be constructed for its full width. The minimum pavement specification shall consist of a two-inch compacted thickness of hot mixed bituminous concrete, Type FABC-01 or SM-1, surface course pavement constructed on a four-inch compacted thickness of hot mixed bituminous stabilized base course, which shall be constructed on not less than a three-inch compacted thickness of Type 5, Class A, soil aggregated stone subbase. Prior to placing the stabilized base course or surface course material, the necessary prime and tack coats of asphaltic oil shall be applied. The pavement surface course shall not be constructed until all irregularities and settlement of pavement have been corrected and approval is received from the Township Engineer. Additional pavement thickness or elimination of subbase material may be allowed where design or construction conditions so warrant. This shall not require clearing beyond that necessary for road construction. (Amended 6-3-1991 by Ord. No. 8-91]
(f) Grass strips shall be provided for all unpaved portions of the street right-of-way and shall be properly graded with at least four inches of topsoil and seeded with approved New-Jersey type lawn seed.
(2) Curbs. Curbs shall be constructed on both sides of all new streets and, where directed by the PI Board, along the existing road frontage of all major developments. Curbs shall be constructed of Class B concrete of 4,500 pounds per square inch and shall be vertical faced curbing not less than six inches by eight inches by 18 inches. Curbs on local roads shall not be less than six inches by eight inches by 18 inches. Concrete sloping curb or integral curb and gutter may be permitted upon application and approval of specific designs. Curbs at driveways and entrances shall be depressed so that the top is one to two inches above the adjacent finished roadway pavement surface and shall provide a minimum of 12 feet clear throat opening for residential lots. Entrances and driveway openings for other than residential uses shall be specifically designed and constructed to accommodate the proposed use, traffic volume and other safety considerations. When curbing shall be constructed without regard to providing depressed curbing for driveways and entrances, the full blocks of curbing within the opening shall later be removed, and new depressed curbing shall be constructed. Breaking and capping of existing curbing will not be permitted.
(3) Surface and storm water drainage facilities. Underground pipe drainage, inlets, catch basins, manholes, culverts, swales and other drainage structures shall be required and shall be constructed and installed in accordance with plans approved by the Planning Board. Drainage facilities shall be installed with sufficient capacity to accommodate the anticipated runoff of a sixty-year storm at such time as the drainage basin in which the development is located is fully developed pursuant to present zoning regulations. This standard may be increased where, in the opinion of the Township Engineer, circumstances warrant such increase. Where a development is traversed by an existing open ditch or watercourse, the Planning Board may require the open ditch or watercourse to be eliminated by piping or protected by rip-rapping. The location, length, depth, size, grade and type of pipe shall be designated in the plans along with the standard details of construction. Drainage design shall be such as to ensure that the rate of runoff from the site does not exceed the rate of runoff from the site in an undeveloped condition. [Amended 8-7-1989 by Ord. No. 6-89]
(4) Street signs. Regulatory, cautionary and street name signs shall be installed at all intersections and at other locations as directed by the Township Engineer. Regulatory and cautionary traffic signs shall be metal reflectorized, meeting the requirements of the New Jersey Department of Transportation standards. Street name signs shall show the intersecting street names in four directions and shall conform to those in use in the township. All signs shall be installed on two-inch diameter galvanized iron pipe posts embedded at least two feet six inches in a one-foot- square concrete footing of Class D three-thousand-five hundred-pounds-per-square-inch concrete.
(5) Shade trees. Shade trees and other landscaping requirements shall be as found in § 90-15E. [Amended 6-3-1991 by Ord. No. 8-91]
(6) Water supply and distribution facilities. Water supply facilities designed and installed for all major developments shall meet the requirements of the local Board of Health.
(a) All facilities for individual water supply systems shall comply with the Standards for Construction of Water Supply Systems for Realty Improvements. P.L. 1954, c. 199-26
(b) Facilities for public and semipublic water supply systems shall comply with the New Jersey State Department of Environmental Protection Rules and Regulations for Approval of Public Water Supply Systems and Water Treatment Plants.
(c) All water main pipe shall be not less than Class 150 cast-iron pipe of the sizes determined by the Township Engineer, but in no case less than six (6) inches in diameter, and meeting the current specifications of the American Water Works Association.
(d) The depth of the pipe from the finished surface of roadway or grade shall be not less than four (4) feet from the top of the pipe.
(e) House service connections shall be copper service pipe a minimum of one (1) inch in size with main corporation cock, curb stop and box and shall be installed from the main to the curb stop one (1) foot behind the curbline at all lots prior to placing any foundation or surface on the roadway.
(f) Fire hydrants. Fire hydrants and control valves shall be installed not more than one thousand (1,000) feet apart at locations to be determined by the Township Engineer, the Planning Board and the Bureau of Fire Prevention, but, in any event, at every dead end of the main. Fire hydrants shall be painted in colors specified by the Water Department.
(g) No installation shall be covered until inspected and approved by the Township Engineer.
(h) All mains shall be sterilized under the supervision of a recognized testing laboratory before approval.
(7) Sanitary sewerage facilities. Sanitary sewerage facilities designed and installed for all major developments shall meet the requirements of the local Board of Health.
(a) All facilities for individual sewage disposal systems shall comply with the Standards for Construction of Sewerage Facilities for Realty Improvements, P.L. 1954, c. 199.
(b) Facilities for public and semipublic sanitary sewerage facilities shall comply with the New Jersey State Department of Environmental Protection Rules and Regulations for Approval of Sewer Systems, Sewerage and Industrial Waste Treatment Plants.
(8) Other utility services. All other gas, electric and telephone utilities which are intended to provide service to the lots within the development shall be installed underground and at such locations as will minimize the risk of interruption of service. For all major developments, the applicant shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of -its tariff as the same are then on file with the State of New jersey Board of Public Utility Commissioners, and the developer shall submit as part of his plan an underground utility plan showing all installations with appurtenant connections and structures. However, in developments where lots abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, such lots may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities overhead lines shall be installed underground.
(9) Streetlighting. Streetlighting facilities may be required along all new streets and along existing streets upon which the major development abuts in order to protect the safety of persons. Streetlighting shall be made in accordance with the rules and regulations of the serving public utility and shall be installed as directed by the Planning Board.
(10) Monuments. Monuments shall be of the size and shape required by Chapter 141 of the Laws of the State of New Jersey 1960 and shall be placed in accordance with said statute as the same may, from time to time, be amended.
(11) Bordering streets. When existing streets abutting the development are deemed by the Planning Board to be incapable of properly carrying the increased traffic created by the development or its anticipated future expansion, the developer may be required, at his expense, to improve and enlarge such street.
(12) Improvements deeded to township. Improvements to lands, if any, are to be deeded to the township for public purposes at a time determined by the Planning Board.
(13) All improvements shall be installed under the supervision and inspection of the Township Engineer. At least twenty-four (24) hours prior to the start of the construction or installation of improvements, the developer shall advise the Township Engineer, in writing, with a copy sent to the Secretary of the Planning Board, of the developer's intentions regarding the start of construction or installation of the improvements so that inspections may be conducted. It shall be understood, however, that neither the Municipal Engineer nor any inspector nor municipal employee shall act as the contractor's or developer's supervisor. The contractor and developer must provide competent, experienced and responsible representatives on the work, who shall have authority to carry out instructions as they may be required.
(14) [Added 12-28-84] Off-tract improvements. As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.
(a) Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the township, or any one (1) or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the 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-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:222. Requirements for off-tract improvements shall be consistent with Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following criteria may also be considered as well as any other reasonable criteria:
[1] Street, curb, sidewalk, shade tree, streetlight, street sign and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application. and the anticipated benefit thereto.
[2] Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
[a] The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
[b] The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
[c] The use, condition or status of the remaining area in the drainage basin.
[3] Water supply and distribution facilities may also be based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefitting therefrom.
[4] Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.
(b) Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Township Engineer and appropriate township agencies.
(c) Amount of contribution. When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the township of one (1) of the following amounts:
[1] If the improvement is to be constructed by the township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefitted by the off-tract improvement.
[2] If the improvement is to be constructed by the township as a local improvement, then, in addition to the amount referred to in Subsection CM, the estimated amount by which the subject property will be specifically benefitted by the off-tract improvement.
(d) Payment of allocated cost.
[1] The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township 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 improvements serving the same purpose, unless such improvements are not initiated by the township within a period of ten (10) years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.
[2] In the event that the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof, which sum shall constitute a lien on the tract affected by the subdivision or site plan.
[3] In the event that the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
[4] If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable. it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision approval.
[5] If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off tract improvement, or the determination made by the officer or board charged with the duty of making assessments as to special benefits if the off-tract improvements are to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.
