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Allentown City Zoning Code

§ 28-13.4

Allocation of Costs.

[Added 4-20-2021 by Ord. No. 03-2021]
The Borough Council shall make its determination and shall allocate the cost of such improvements as follows:
a. 
In the event that the off-tract improvement shall benefit property in addition to the property being developed and such improvement is to be constructed by the Borough as a general improvement, then the developer shall be required to provide, as a condition for approval of his proposed development, a bonded guarantee, a cash deposit or other security acceptable as to form and execution by the Borough Attorney to insure payment to the Borough of an amount equal to the difference between the total estimated cost of the general improvement and the estimated total amount by which all properties to be serviced thereby, including the property of the developer being developed, will be specifically benefited by the improvement.
b. 
In the event that the off-tract improvement will benefit property in addition to the property being developed and such improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in paragraph a. above, the bonded guarantee, cash deposit or other security shall also ensure payment to the Borough of the estimated amount by which the property being developed will be specifically benefited by the improvement.
c. 
In the event that the off-tract improvement benefits only the property being developed, then the developer shall be required, as a condition for approval of his development application, to install and complete the improvements as part of his development plan in accordance with the requirements of those ordinances generally applicable to on-site and off-tract improvements.
d. 
The cost estimates hereinabove referred to shall be made by the Planning Board with the aid of the Borough Engineer and such other persons possessing pertinent information or expertise as may be designated by the Planning Board.
e. 
Properties shall be deemed to be specifically benefitted to the extent that the installation of the off-tract improvement increases the value of such properties for any lawful use to which they are or may be put after deducting the amount that the owners of such properties may reasonably be anticipated to expend to obtain the use of such improvement.
f. 
In the event that the developer's share of the cost of the off-tract improvement is to be calculated in accordance with either paragraph a. or b. above, and such improvement is to be constructed by the developer, then subsequent to the completion of the construction of such improvements, he shall be partially reimbursed for the cost of construction in accordance with the allocation of costs as set forth in paragraphs a. and b. above, as applicable. Such improvements shall be completed prior to the granting of final approval where the public health, safety or welfare requires, unless the developer shall have provided performance and maintenance guarantees in accordance with the requirements of the ordinance generally applicable to on-site or on-tract improvements.
g. 
As nearly as may be practicable, the Planning Board shall endeavor to allocate the developer's cost of off-site and/or off-tract improvements at the time that preliminary approval is granted. Nothing contained herein, however, shall be deemed to prevent the Planning Board from allocating the developer's cost of off-tract improvements at the time of final approval, as a condition of final approval.