§ 212-30. Off-tract improvements; determination and allocation of costs., Article V. Improvements, Chapter 212. Subdivision and Site Plan Review, Part II. General Legislation, Code of Ordinances, Florham Park

Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough or any one or more of the foregoing shall be determined by the Planning Board, with the assistance of the appropriate Borough agencies, on the basis of the total costs of the off-tract improvements, 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-site 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:2-22. Requirements for off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Board feels is necessary to protect the health, safety and general welfare of the Borough:

(1)

Streets, curbs, sidewalks, shade trees, streetlights, street signs 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 based on:

(a)

The rate, quality and volume of water discharged from the site post development.

(b)

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 applicant and other properties in the general area benefiting therefrom.

(4)

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. The Florham Park Sewerage Authority will make this assessment as a condition of any approval.

Editor's Note: The Sewerage Authority was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility.

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 Borough Engineer and appropriate Borough agencies.

Manner of construction. When those estimates are received, the Mayor and Borough Council shall then decide whether the off-tract improvement is to be constructed:

(1)

By the Borough as a general improvement.

(2)

By the applicant at its sole cost and expense.

(3)

By the applicant under a formula providing for partial reimbursement by the Borough for benefits to properties other than the subject property.

Amount of contribution.

(1)

If the improvement is to be constructed by the Borough as a general improvement, the applicant shall be required to provide a cash deposit to the Borough equal to the applicant's pro-rata fair share of the improvement.

(2)

If the improvement is to be constructed by the applicant, then it shall be consistent with the developer's agreement.

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 Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of 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 Borough Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, and the developer has not completed its development, then it shall be required to pay its appropriate share of the cost thereof.

(3)

In the event that the payment by the applicant to the Borough 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 or site plan approval.

(5)

If the applicant and the Planning Board cannot agree with respect to the applicant's fair 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 improvement is 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.

Installation of improvements by applicant. At the discretion and option of the Borough and with the consent of the applicant, the Borough may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Borough of the remaining unallocated portion of the cost of the off-tract improvement.

Compliance with design criteria. Should the applicant and the Borough enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principles of this chapter in the design of such improvements.