40:55D-44 - Reservation of public areas - New Jersey Statutes

40:55D-44.  Reservation of public areas
    If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the planning board may further require that such streets, ways, basins or areas  be shown on the plat in locations and sizes suitable to their intended uses.   The planning board may reserve the location and extent of such streets, ways,  basins or areas shown on the plat for a period of 1 year after the approval of  the final plat or within such further time as may be agreed to by the  developer.  Unless during such period or extension thereof the municipality  shall have entered into a contract to purchase or institute condemnation  proceedings according to law for the fee or a lesser interest in the land  comprising such streets, ways, basins or areas, the developer shall not be  bound by such reservations shown on the plat and may proceed to use such land  for private use in accordance with applicable development regulations.  The  provisions of this section shall not apply to the streets and roads, flood  control basins or public drainageways necessitated by the subdivision or land  development and required for final approval.

    The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just  compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation.  The developer shall be compensated for  the reasonable increased cost of legal, engineering, or other professional  services incurred in connection with obtaining subdivision approval or site  plan approval, as the case may be, caused by the reservation.  The municipality  shall provide by ordinance for a procedure for the payment of all compensation  payable under this section.

     L.1975, c. 291, s. 32, eff. Aug. 1, 1976.