A. 
Any site plan requiring off-tract improvements, as defined herein, shall comply with the provisions of this Article.
B. 
An off-tract improvement shall be one or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where said improvements are located off-tract.
C. 
An off-tract improvement shall be required where either the existing facilities serving the site area are currently operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.
D. 
The proportionate contribution of any such off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.
E. 
Limitations.
(1) 
Under the conditions of this chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and any necessary appurtenances thereto and utility easements, and new or improved street and rights-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property being developed.
(2) 
Off-tract improvements shall not include the improvement costs for an entire utility system or street system or major segment thereof, including sewage treatment plants, water supply, treatment or distribution facilities or substantial street construction or improvements or other similar undertakings, unless said improvement is significantly affected by the site being developed.
A. 
Prior to final approval, each site plan shall be subject to a determination and findings as follows:
(1) 
That certain off-tract improvements are or are not necessary to implement the site plan.
(2) 
That, in instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the developer shall ensure the successful and reasonable implementation of the same.
B. 
Regulations governing off-tract improvements shall be guided by Chapter 416, Zoning, and the Master Plan of the Borough of River Edge.
C. 
In the event that the Board determines that one or more improvements constitute an off-tract improvement, the Board shall notify the governing body of the same specifying the Board's recommendation relative to the estimated cost of the same, the developer's pro-rata share of the cost and possible methods or means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
D. 
The Board shall not grant final approval of the site plan until all aspects of such conditions have been mutually agreed by both the applicant and the governing body and a written resolution to that effect by the governing body has been transmitted to the Board.
A. 
Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in Article VIII of this chapter.
B. 
Development agreement. A development agreement governing off-tract improvements or other conditions as may be required by this chapter or by the Board shall be approved as to form, sufficiency and execution by the Board Attorney and the Borough Attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment of the same, the relative timing of such payment and the obligations to be undertaken by the Borough of River Edge.
C. 
Conditions not requiring cash contributions. Cash contributions for off-tract improvements shall not be required under the following terms or conditions:
(1) 
Where other county or state agencies or utility authority has jurisdiction over the subject improvements and require a cash contribution, guaranty or other surety by the applicant in lieu of such contributions imposed by the Borough of River Edge.
(2) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-tract improvements provided.
(3) 
Where the applicant can undertake the improvements, where legally permissible, in lieu of the Borough, subject to standards and other conditions as may be imposed by the Borough.
D. 
Method of payment of cash contributions. Where a cash contribution is required, said contribution will be deposited with the Chief Financial Officer of the Borough, with a copy of the transmittal letters forwarded to the governing body, Borough Engineer and the Board. Any and all moneys received by the Chief Financial Officer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the owner of record of said properties, provided that the conditions specified in Subsection C have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of said properties.
Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
A. 
Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements. The applicant's proportionate cost shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
B. 
Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties, in gallons per day, for the existing system or subsystem and the estimated use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
C. 
Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute, to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
D. 
Stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement or other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.
E. 
General considerations. In calculating the proportionate or pro-rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro-rata amount of cost to be borne by other owners of land which will be benefited by the proposed improvements.