OTHER IMPROVEMENTS., Chapter 33. Off-Tract Improvements, Revised General Ordinances, Code of Ordinances, Ramsey

In cases where the need for any off-tract improvement is necessitated by the proposed application for development and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the Borough Council a list and description of all such improvements, together with its request that the Borough Council determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall act upon the application for development within the prescribed time period, subject to: 1) receipt of the Borough Council's determination or 2) until the expiration of 21 days after forwarding of such list and description to the Borough Council without such determination having been made.

The Borough Council, within 21 days after receipt of the list and description, shall determine and advise the Board whether:

The improvement or improvements are to be constructed or installed by the Borough:

(a)

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); or

(b)

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law (except as hereinafter otherwise provided as to a contribution thereto by the applicant); or

The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under Section 33-2b, hereinabove; the Board shall estimate with the aid of the Municipal Professional 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 proposed development, will be specially benefited thereby; and the applicant shall be liable to the Borough for such excess. Further, the Borough 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.

If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under Section 33-2b hereinabove, the Board shall, as provided in Section 33-2c hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited by the improvement; and the applicant shall be liable to the Borough 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 Borough 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 application 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.

If the Borough Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Section 33-2 hereinabove, the Board shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Borough 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 Borough 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, as and when the special assessments against such other property are received by the Borough. Further, the Borough 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.