Sparta Township City Zoning Code
§ 18-6.11
Off-Tract Improvements.
[Ord. No. 636 A 611]
a.
Improvements to be Constructed at the Sole Expense of the Developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or site plan, and where no other property owners receive a special benefit thereby, the Planning Board may recommend to the Township Council that it require the subdivider or developer, as a condition for subdivision or site plan approval, at the subdivider's or developer's expense, to acquire lands outside of the subdivision or tract and improve and dedicate such lands to the Township or the County, or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and to improve such lands.
b.
Other Improvements.
1.
In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Planning Board determines that properties outside of the subdivision or tract will also be benefited by the improvement, the Planning Board shall forthwith forward to the Township Council a list and description of all such improvements together with its request that the Council determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Planning Board shall withhold action upon the subdivision or site plan until receipt of the Council's determination or until the expiration of 90 days after the forwarding of such list and description to the Council without such determination having been made, whichever occurs sooner.
2.
The Township Council, within 90 days after the receipt of such list and description, shall determine and advise the Planning Board whether:
(a)
The improvement or improvements are to be constructed or installed by the Township.
(1)
As a general improvement, the cost of which shall be borne at general expense, except as hereinafter otherwise provided as a contribution thereto by the subdivider or developer, or
(2)
As a local improvement, all or part of the cost of which shall be especially 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 a contribution thereto by the subdivider or developer; or
(b)
The improvement or improvements are to be constructed or installed by the subdivider or developer under a formula for partial reimbursement as hereinafter set forth.
3.
If the Township Council determines that the improvement or improvements shall be constructed or installed under Subsection b2(a) above, the Planning Board shall estimate, with the aid of the Municipal 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 subdivision or tract, will be especially benefited thereby, and the subdivider or developer shall be liable to the Township 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 subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
4.
If the Township Council determines that the improvement or improvements shall be constructed or installed under Subsection b2(a)(2) above, the Planning Board shall, as provided in Subsection d of this subsection, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be especially benefited by the improvement, and the subdivider or developer shall be liable to the Township therefor, as well as for the amount of any special assessments against the subdivision property or tract 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 therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under such 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 subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.
5.
If the Township Council determines that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection b2(b) above, the Planning Board shall in like manner estimate the amount of such excess and the subdivider or developer shall be liable to the Township therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under such ordinance shall be in accordance with N.J.S.A. 40:56-1 et seq. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
6.
If the Township Council shall not adopt such an ordinance or resolution within such time, the final subdivision layout or site plan shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
c.
Performance Guarantee. The subdivider or developer shall be required to provide, as a condition for final approval of his subdivision or site plan application, a performance guarantee running to the Township as follows:
1.
If the improvement is to be constructed by the subdivider or developer under Subsection a or Subsection b2(b), a performance bond with surety in an amount equal to the estimated cost of the improvement, or any part of the improvement that is to be acquired or installed by the Township under Subsection 18-6.11a, a cash deposit equal to the estimated cost of such acquisition or installation by the Township.
2.
If the improvement is to be constructed by the Township as a general improvement under Subsection b2(a)(1), a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specially benefited thereby; and
d.
Refund of Deposit Where Improvements Are Not Authorized Within Five Years. In any case in which a subdivider or developer shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this chapter by the Township, the subdivider or developer shall be entitled to a full refund of such deposit if the Township Council has not enacted an ordinance authorizing the improvement within five years after the date all other improvements are completed.
e.
Deposit of Funds. All monies paid a subdivider or developer pursuant to this chapter shall be paid over to the Township Treasurer who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
f.
Redetermination of Assessment Upon Completion of Improvement. Upon completion of the off-tract improvements required pursuant to this section, the subdivider's or developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of improvements. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the subdivider or developer. In cases where the improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Township Engineer.
g.
Council Approval Required. All estimates required to be made by the Planning Board herein shall be reviewed and approved by the Township Council prior to final action thereon.