Conference/Public Meeting Agendas/Documents — Packet

properties, including the proposed development, will be specially benefited thereby, and the applicant 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 applicant for any excess of total cost over total benefits conferred, as set forth above. d. If the Township Council shall determine that the improvement or improvements shall be constructed or installed under paragraph 32-9.4, b. 1(b) above, the Board shall, as provided in paragraph c. above, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property 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 applicant with respect thereto, and proceedings under the ordinance shall be in accordance with law, 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. e. If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under paragraph b, 1(c) above, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if and when the special

cial assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under the ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant. (1972 Code § 24-9.4; Ord. No. 473-78) 32-9.5 Allocation of Costs. a. In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Township, the Board shall be guided by the following factors: 1. The total estimated cost of off-tract improvements; 2. The increase in market values of the properties affected and any other benefits conferred; 3. The needs created by the application; 4. Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements; 5. The estimated time for construction of the off-tract improvements; and 6. The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22. b. Without limiting the generality of the foregoing, the Board may take into account the following specific factors: 226