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ORDINANCE
NO. 4-2002 ORDINANCE
AMENDING SUBSECTIONS 16-7.4 AND 16-9.5 OF THE LAND USE ORDINANCE OF THE TOWNSHIP
OF MENDHAM AND SUPPLEMENTING SAID ORDINANCE WITH A NEW SUBSECTION 16-7.4A
RELATING TO OFF-TRACT IMPROVEMENTS AND INSPECTION OF IMPROVEMENTS.
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF
THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows: SECTION 1. The title of Subsection
16-7.4 of the Land Use Ordinance of the SECTION 2. The Land Use Ordinance of the "16.7.4A Off-site and off-tract improvements. a.
Pursuant to N.J.S.A. 40:55D-1, et seq., where the need for
off-site or off-tract improvements is deemed necessary as a result of the
proposed development application, and where there is a rational nexus between
the proposed development and the need for the off-tract improvement, the
Planning Board or Board of Adjustment may require the applicant, as a condition
of subdivision or site plan approval, to construct or contribute its pro-rata
share of the cost of such off-site or off-tract improvements in accordance with
the provisions of this Chapter. Off-site
or off-tract improvements shall include: 1.
Street improvements, water, fire cistern, sewer, drainage or other
facilities or improvements of the types described in this Chapter for on-site
installation, where the need for the provision of such improvements off-site or
off-tract is, in whole or part, made necessary by the proposed development
application. 2.
Any improvement or facility, the installation of which is required in the
public interest and the public need for which would not arise but for the
improvement of the property which is the subject of the development application.
In addition to improvements of the type described in this Chapter and referred
to above, improvements required to maintain a safe flow of vehicular and
pedestrian traffic are specifically declared to be necessary in the public
interest. 3.
The installation of new or the extension or modification of existing
improvements made necessary in whole or in part by the development application.
b.
Prior to the granting of final approval of any subdivision or site plan
and prior to the issuance of any building permits for any land use requiring
site plan approval pursuant to this Chapter, or for any residence or other use
of land on an unimproved street or where any off-site or off-tract improvements
have not yet been installed, the developer shall pay its pro-rata share of the
cost of providing any reasonable and necessary street improvements, water, fire
cistern, sewer or drainage facilities, and easements therefor, located outside
the property limits of the development but which are necessitated or required by
construction or improvements within the development.
All payments shall be made in the manner set forth hereinafter, it being
the intent of this section that the developer shall bear that portion of the
cost of the improvements which bears a rational nexus to the needs created by
the development and/or the benefits conferred upon such development. c.
The Planning Board or Board of Adjustment, as the case may be, shall
review each development application and determine the need for off-site or
off-tract improvements and the total cost therefor.
The Board shall determine the amount, if any, by which all properties
serviced thereby, including the applicant's property, will be specially
benefited therefrom. 1.
In cases where reasonable and necessary off-site or off-tract
improvements are required and where no other property owners will be specially
benefited by the installation of such improvements, the Board shall require that
the applicant, as a condition of approval, and at the applicant's expense,
provide for and construct such improvements as if such improvements were located
on-site. 2.
In cases where the need for any off-site or off-tract improvements are
required and where the Board determines that properties other than the
applicant's will be benefited by the improvement, the Board shall forward to the
Township Committee, a report containing a list and description of all such
improvements, together with its request that the Township Committee determine,
as set forth hereinafter, how the improvements should be undertaken. d.
Where the Planning Board or Board of Adjustment has determined that
properties other than the applicant's will specially benefit from the
installation of off-site or off-tract improvements, and has forwarded a report
to the Township Committee, the Township Committee shall, within 45 days, make
the following determinations: 1.
That the recommended off-site or off-tract improvement should be
undertaken in the manner recommended by the Board or whether the Committee is of
the opinion that an alternative improvement should be considered by the Board.
2.
The extent to which the improvement should be constructed or installed by
the township as a general improvement or as a local improvement. 3.
Whether the improvement is to be constructed or installed by the
developer under a formula providing for partial reimbursement by the township or
otherwise for benefits to properties other than that which is the subject of the
development, where appropriate. 4.
The Township Engineer shall estimate, with the aid of such township
officials or departments or other persons having pertinent information or
expertise, the cost of the improvement and the amount by which all properties to
be serviced thereby, including the developer's property, will be specially
benefited therefrom. 5.
Once the Township Committee has made the determinations described above,
the developer shall be required, as a condition of final approval of the
development, to provide a combination of performance and maintenance guaranties,
cash contributions, developer's agreements and/or other forms of surety
permitted by law, to insure payment to the township of one of the following
amounts: (a)
If the improvement is to be constructed by the township as a local
improvement, the developer's proportionate share of the total cost of the
improvement. (b)
If the improvement is to be constructed by the developer, the total cost
of the off-site or off-tract improvement less an offset for the value of the
special benefit, if any, to properties other than the developer's. e.
The amounts of money required pursuant to this section shall be estimated
sums, and such amounts shall be redetermined by the Township Engineer following
completion of all off-site and off-tract improvements to ensure that the
developer shall pay only its prorata share of the cost thereof.
In the event that the payment made by the developer is less than its
share of the actual cost of the improvements, then the developer shall be
required to pay its additional proportionate share of the cost thereof. f.
Should the developer pay the portion of the cost of improvements
determined to be its prorata share under protest, legal action shall be
instituted within one (1) year of such payment in order to preserve the right to
a judicial determination as to the fairness and reasonableness of such amount. g.
In the event that the developer shall not be required to install the
off-site or off-tract improvements but is required to pay its prorata share of
the cost therefor, then in that event there shall be paid to the Township
Treasurer the amount of the developer's share of the determined cost of the
off-site or off-tract improvement. All
moneys received by the township in accordance with the provisions of this
section shall be deposited in an interest bearing account, and such funds shall
only be used for improvements for which they are deposited or improvements
serving the same purpose. If the
improvements are not initiated within ten (10)years from the date of payment, or
other mutually agreeable period of time, all deposited funds shall be returned
to the developer, or its legal successor in interest, together with accumulated
interest, less ten percent (10%) of accumulated interest for administrative
costs. If after reasonable and
diligent inquiry, the township is unable to locate the developer or its
successor in interest in order to return said funds, then the funds shall be
placed in the township's general capital improvement fund and shall not be
returnable to the developer thereafter."
Section 3. Subsection 16-9.5
entitled "Inspection of Improvements" of the Land Use Ordinance of the
"16-9.5
Inspection of improvements. a.
All on-site and off-site or off-tract improvements constructed or
installed in accordance with the requirements of this Chapter shall be subject
to inspection and approval by the Township Engineer, who shall be notified by
the applicant at least twenty-four (24) hours prior to the start of
construction. No underground
installation shall be covered until inspected and approved. b.
Inspection by the Township Engineer or other township officials of the
installation of improvements and utilities by the applicant shall not operate to
subject the township to liability for claims or suits of any kind that may arise
because of defects or negligence during construction or at any time thereafter,
it being recognized that the responsibility to maintain safe conditions at all
times during construction and to provide proper utilities and improvements is
upon the applicant and his contractors. c.
The applicant shall reimburse the township for all reasonable inspection
fees paid to the Township Engineer and other township officials for the
foregoing inspections of improvements and for the administration thereof, as set
forth in Section 13-15 for subdivisions and site plans."
SECTION 4. This ordinance shall take effect after final passage and publication
pursuant to law. Adopted: |
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