A. An applicant or developer, as a condition for approval of a subdivision or site plan, shall be required to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such cost distributed shall be based on circulation and comprehensive utility service plans pursuant to § 175-11A(2)(d) and (e) [See N.J.S.A. 40:55D-28b(4) and (5)], respectively. Fair and reasonable standards shall be used to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each applicant/developer or owner within a related and common area. These standards shall not be altered subsequent to preliminary approval.
B. Where an applicant/developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination of the fairness and reasonableness of such amount.
C. Improvements to be constructed at the sole expense of the applicant. In cases where the need for an off-site improvement is created by the proposed subdivision and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition for subdivision approval and at the applicant's expense, to acquire lands outside of the subdivision and improve and dedicate such lands to the town or the county or, in lieu thereof, require the applicant to deposit with the town a sum of money sufficient to allow the town to acquire and to improve such lands, subject to and in furtherance of the terms and provisions of this chapter.
D. Other improvements.
(1) In cases where the need for any off-site improvements is created by the proposed subdivision and where the Planning Board determines that properties outside the subdivision will also be benefited by the improvement, the Planning Board shall forthwith forward to the Town Council a list and description of all such improvements, together with its request that the Town Council determine and advise the Board of the procedure to be followed in the construction or installation thereof.
(2) The Town Council, after receipt of said list and description, shall determine and advise the Planning Board whether:
(a) The improvement or improvements are to be constructed or installed by the town:
[1] As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to a contribution thereto by the applicant);
[2] As a local improvement, all or part of the cost of which is to be specifically assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the applicant); or
(b) The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.
(3) If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[1] hereinabove, the Planning Board shall estimate, with the aid of the Board 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, will be specifically benefited thereby, and the applicant shall be liable to the town for such excess. Further, the Town 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 applicant to any excess of total cost over total benefits conferred, as set forth above.
(4) If the Town Council shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[2] hereinabove, the Planning Board shall, as provided in Subsection D(3) hereinabove, 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, will be specially benefited by the improvement, and the applicant shall be liable to the town therefor, as well as for the amount of any special assessments against the subdivision property for benefits conferred by the improvement or improvements. Further, the Town 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 applicant with respect thereto; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5) If the Town Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection D(2)(b) hereinabove, the Planning Board shall in like manner estimate the amount of such excess and the applicant shall be liable to the town therefor, as well as for the amount of any special assessments against the subdivision property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the town for the amount of any special assessments against property other than the subdivision for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the town. Further, the Town Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the subdivision, of benefits conferred by the improvement or improvements; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6) If the Town Council shall not adopt such an ordinance or resolution within said time, the final subdivision shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
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