Franklin Lakes City Zoning Code
ARTICLE VII
Design Standards for Subdivision
§ 300-52 General statement.
A.
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter and all other regulations, are incorporated.
§ 300-53 Existing permits, approvals and variances.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter and the project shall be continuously pursued to completion; otherwise said approvals and permits shall be void.
§ 300-54 Streets (nonresidential).
All developments shall be served by paved streets. The arrangement of streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform to the topography, as far as practical, and allow for continued extension into adjoining undeveloped tracts with a minimum right-of-way of 50 feet. When a development adjoins land capable of being developed further, suitable provisions shall be made for future street access.
A.
Local streets. Local streets shall be so designed as to discourage through traffic unless deemed necessary by the approving authority.
B.
Pavement width of streets. The pavement width of all streets shall be a minimum of 30 feet for all local streets and may be greater for collector and arterial streets.
C.
Minimum right-of-way width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet in any case, except when shown at a greater width on the Master Plan or Official Map of the Borough of Franklin Lakes or when said street constitutes an extension of an existing street with a greater width than 50 feet.
D.
Substandard street right-of-way and pavement width. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map, or the street width requirements of this chapter, the applicant shall dedicate additional right-of-way or pavement width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
E.
Street grades. Grades of arterial and collector streets shall not exceed 6%. Grades on other streets shall not exceed 10%. Maximum grades on any streets within 100 feet of an intersection shall be 3%. No street shall have a grade of less than 1/2%. Road cross sections (crown) shall range between 2% and 3%.
F.
Street intersections. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60º at the point of intersection. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting streets to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset, or shall have at least 250 feet offset distance between center lines. Street jogs with center-line offsets on local streets of less than 125 feet shall be prohibited.
G.
Reverse curve tangents. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
H.
Street line deflection. When connecting street lines deflect from each other at any one point by more than 10º and not more than 45º, they shall be connected by a curve with a radius of not less than 100 feet, for minor streets, and 300 feet, for arterial and collector streets.
I.
Change in grade. All changes in grade shall be connected by vertical curves of sufficient degree of curvature to provide a smooth transition and proper sight distance.
J.
Cul-de-sac streets. A turnaround shall be provided at the end of the cul-de-sac with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street, or if offset, to a point where the curbline radius becomes a tangent to one of the curblines of the associated street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
K.
Streets shall be constructed in accordance with the standard specifications as set forth in the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21.
L.
Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be subject to final approval of the Planning Board.
M.
Sidewalks. Sidewalks shall be required along both sides of a street in all nonresidential subdivisions, unless waived by the approving authority. A minimum walkway width of four feet shall be constructed in accordance with the requirements of the Borough Engineer and in conformance with this chapter.
N.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.
O.
Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening or buffers, freight access, warning signals, and signs in recognition of the relationship between the railroad and the subdivision.
§ 300-55 Streets (residential).
A.
Street hierarchy. Streets shall be classified in a hierarchy with design tailored to function, in accordance with the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21. Each residential street shall be classified and designed to meet the standards for one of the street types defined in Table 4.2 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B.
Cartway width. Cartway width shall be regulated pursuant to the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21. Cartway widths for each street classification are as shown in Table 4.3 in Appendix B.
C.
Curbs. Curbs shall be regulated pursuant to the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21. Curbs requirements shall vary according to street hierarchy and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.
D.
Shoulders. Shoulders shall be regulated pursuant to the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21. Shoulders are to be as shown in the street illustrations in Appendix B.
E.
Sidewalks and graded areas.
(1)
Sidewalks and/or graded areas shall be required, depending on the road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.
(2)
See the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21 for details.
F.
Street grades, intersections, and pavement. See the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21, and Appendix for details.
G.
Curves. See the provisions of the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21 for details.
§ 300-56 Bikeways.
A.
Separate bicycle paths and lanes shall be required only if such paths and lanes have been specified as part of a municipality's adopted Master Plan and/or Official Map.
B.
Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.
C.
The construction of bikeways shall comply with the specifications set forth in N.J.A.C. 5:21-4.25 as follows:
(1)
The minimum paved width of a bicycle path shall be five feet. Choice of surface materials, including bituminous mixed, concrete, compacted gravel, soil cement, stabilized earth, and wood planking shall depend on use and users of the path. Gradients of bike paths should generally not exceed 5%.
[Amended 11-1-2011 by Ord. No. 1530]
(2)
Bicycle-safe drainage grates shall be used in the construction of all residential streets.
§ 300-57 Street signs, traffic signs and street names.
A.
Design and placement of traffic signs included in all development applications shall follow the requirements specified in "Manual on Uniform Traffic Control Devices for Streets and Highways," published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.
B.
There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and shall show the name of both intersecting streets. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.
C.
At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal, or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of the sign or supporting equipment to the top of the paved surface.
D.
Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
§ 300-58 Block patterns.
A.
Block length and width or acreage within adjacent roads shall be such as to accommodate the size of lot required in the area by the zoning provisions of this chapter and to provide for convenient access, circulation control and safety of street traffic.
B.
In blocks of 1,000 or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkway shall be at least 10 feet wide in the right-of-way with a five-foot-wide improved pavement surface. Said walkway may also include other improvements, including streetlighting.
C.
Block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation, and fire-fighting and emergency services.
§ 300-59 Lighting regulations governing subdivisions and site plans.
A.
A lighting plan prepared by a qualified individual shall be provided with major subdivision applications.
B.
Streetlighting. Lighting of the streets shall not be permitted without the prior approval of the Planning Board. All lighting installed on telephone poles or other fixtures on public streets, roadways, or rights of way in the Borough of Franklin Lakes must be approved by the Planning Board and shall be installed solely for the purpose of illuminating the roadways and shall be of such a nature as to minimize the illumination on adjacent properties.
C.
Off-site lighting. Lighting of properties by fixtures installed on a site other than the property to be illuminated is strictly prohibited.
D.
Residential districts.
(1)
Lighting fixtures must be a minimum of 25 feet from all lot lines.
(2)
At all times the lighting intensity at the property line shall be a maximum of 15/100 (0.15) footcandles. This measurement shall be conducted in accordance with generally accepted engineering standards, and the measurement shall include and be the sum of the combined illumination from all sources on the property and lighting from any other natural light sources.
(3)
All lighting fixtures shall be of a type and shall be mounted and shielded in such a manner as to prevent the light source from being visible off the property.
(4)
The mounting of lighting fixtures shall not exceed 25 feet or the height of the principal structure, whichever is less.
(5)
Post-lamp lantern-style lighting fixtures and low-level driveway lights shall be exempt from the requirements governing the minimum required setback to property lines.
E.
In all zoning districts other than residential districts.
(1)
Performance standards. Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the approving board. All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. No floodlights in excess of 100 watts shall be installed without specific written approval from the approving board.
(2)
Design standards. The following design standards shall be followed on all site development plans:
(a)
The style of the light and light standard shall be consistent with the architectural style of the principal building.
(b)
The maximum height of freestanding lights shall be the same as the principal building, but not exceeding 25 feet.
(c)
All lights should be shielded to restrict the maximum apex angle of the cone of illumination to 150º (sharp cutoff type).
(d)
Where lights near the property lines will be visible to adjacent residents, the lights should be appropriately shielded.
(e)
Spotlight-type fixtures attached to buildings are not permitted.
(f)
Freestanding lights should be so located and protected to avoid being easily damaged by vehicles. Architectural floodlighting shall be prohibited.
(g)
Lighting should be located along street, parking areas, at intersections and where various types of circulation systems merge, intersect or split.
(h)
Pathways, sidewalks and trails should be lighted with low or mushroom-type standards.
(i)
Stairways, sloping or rising paths, building entrances and exits should be illuminated.
(j)
Lighting should be provided where buildings are set back or offset.
(l)
In order to demonstrate that a particular level of illumination will be maintained, the applicant should prepare a calculation of average maintained illumination for each different type of area lighted on a site, based upon the following standard formula:
Average maintained illumination: | |||
fc + (A) x (B) x (C) x (D) x (E) (F) | |||
Where: | |||
fc | = | Footcandles | |
A | = | Number of luminaires per pole | |
B | = | Horizontal initial lamp lumens per luminaire | |
C | = | Beam efficiency | |
D | = | Coefficient of utilization | |
E | = | Total light loss factor | |
F | = | Length x width of area to be illuminated (for area lighting, e.g. parking lot) or spacing between luminaries x width of roadway (for roadway lighting) | |
Variables B, C, D and E can be obtained from manufacturer's photometric specifications prepared for all luminaires, while Variables A and F are a function of the particular site and lighting system proposed. Since this equation can be solved for any variable, the formula can be used to calculate average maintained illumination as well as appropriate pole spacing and number of poles required for a desired level of illumination. In addition to completing a mathematical calculation of average maintained illumination, isolux curves which depict average to be lighted should be shown on the lighting plan for luminaires. | |||
(m)
As a matter of policy, a copy of the manufacturer's lighting specification, including photometric date, should be submitted with the lighting plan for each type of luminaire proposed on the site.
§ 300-60 Lots.
A.
Lot dimensions and areas shall not be less than the requirements of the zoning provisions of this chapter.
B.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Each lot must front upon an approved and improved street with a right-of-way width of at least 50 feet in width, except as provided herein.
D.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of a lot or lots for their intended use, due to such factors as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation, withhold approval of such lots.
§ 300-61 Easements and natural features.
A.
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses. The size of such easements or rights-of-way shall be approved by the Borough Engineer.
B.
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
§ 300-62 Water mains, culverts, storm and sanitary sewers.
A.
Nonresidential development. All installations of water mains, culverts and storm and sanitary sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development.
B.
Residential development. All installations regarding water supply, sanitary sewers and stormwater management shall be in accordance with N.J.A.C. 5:21-5, N.J.A.C. 5:21-6 and N.J.A.C. 5:21-7, respectively.
§ 300-63 Public utilities.
A.
All public utilities shall be connected to approved public utilities systems where they exist. Utilities shall be located within the right-of-way on both sides of and parallel to the cartway, or within utility easements outside the right-of-way.
B.
For all major development applications, the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariffs, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the street involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. However, the applicant shall not be required to install electric distribution supply lines underground if the Borough of Franklin Lakes requires such lines to utilize a voltage of 26 kilovolts or greater and the Borough passes a resolution declaring that such distribution lines would present exceptional operation and/or safety problems if installed underground. The location of access facilities for servicing the utility in the proposed development shall be developed in conjunction with and as part of the complete subdivision plan.
C.
In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
D.
The developer shall submit to the approving authority, prior to final approval, a written instrument from each serving utility indicating full compliance or intended full compliance with the provisions of this section.
E.
Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
F.
The approving agencies of the Borough of Franklin Lakes may in their discretion waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision. Where overhead lines are permitted as the exception, the alignments and pole locations shall be routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations and similar design and location considerations to lessen the visual impact of overhead.
G.
Utility areas shall be planted with grass, ground cover, or treated with other suitable cover material. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.
§ 300-64 (Reserved) [1]
[1]
Editor’s Note: Former § 300-64, Soil removal, was repealed 5-18-2010 by Ord. No. 1479.
§ 300-65 Monuments.
[Amended 7-21-2015 by Ord. No. 1635]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 (the Map Filing Law, as amended), shall be placed in accordance with said statute and shall be indicated on the final plat.
§ 300-66 Shade trees and landscaping
A.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 300-64), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
B.
Shade trees shall be provided in all plans where deemed appropriate by the Planning Board. All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be balled and burlapped, nursery grown, free from insects and disease and true species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
C.
Street trees shall be planted 40 to 60 feet apart, and parallel to, and 10 to 15 from, the curbline. All street trees shall be balled and burlapped, nursery grown, free from insects and disease and true species and variety.
§ 300-67 Environmental impact report.
A.
At the Board's discretion an environmental impact report may be required to accompany preliminary major subdivisions and site plans.
B.
The environmental impact report shall comply with the following unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements.
(1)
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s), all with the intent of minimizing environmental impacts.
(2)
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and seasonal high water table.
(3)
A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including shipping, receiving, storage and the methods of handling the identified quantities of chemical, corrosive, toxic and hazardous materials anticipated in all aspects of the operation, as well as attaching appropriate maps, schedules and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.
§ 300-68 Off-site and off-tract improvements.
Before final approval the approving authority may require the payment of the developed pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
A.
Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.
(2)
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and governing body.
(3)
Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
B.
Advisable off-site and off-tract improvements. Where the approving authority determines that off-site and off-tract improvements would be advisable, although not essential and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefitted thereby, including the property of the developer, the following provisions shall apply:
(1)
During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.
(2)
If the governing body concurs, the Borough Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:
(3)
The Borough Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
Based upon the above report and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the governing body will not adopt such ordinance, the final development shall be designed accordingly, and the approving authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local improvements ordinance, the governing body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the governing body shall then be deposited by the applicant with the Chief Financial Officer prior to final approval and prior introduction of such local improvement ordinance.
[Amended 12-20-2011 by Ord. No. 1532]
[2]
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be commingled with other appropriated funds and expended by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that, upon completion of the work by the Borough or its contractors, the properties specially benefitted by such improvements shall be assessed as provided by law, including the property of applicant; and that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof, and if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit, the amount assessed, and the excess shall be refunded to the applicant, without interest.
[3]
Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(7)
The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.