[Amended 5-21-1990 by Ord. No. 90-7; 12-2-1991 by Ord. No. 91-16]
A. 
A developer, as a condition for approval of a subdivision or site plan, in accordance with N.J.S.A. 40:55D-42, shall be required to pay only his pro rata share of the cost providing reasonable and necessary street improvements and water, sewerage 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. The pro rata share shall be determined by analyzing the circulation plan element of the Woodcliff Lake Master Plan showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality, as well as the utility service plan element of the Woodcliff Lake Master Plan analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewage and waste treatment, solid waste disposal and provision for other related utilities. Consideration shall be given by the Planning Board to the question of whether or not the need for the off-tract improvement was created by the proposed development of land and whether the required improvement not only benefits the developer's tract but other properties as well. The Planning Board shall also determine the related or common area which is to be serviced or benefited by the facilities or improvements required. The developer shall be required to pay the difference between the cost of the off-tract improvement and the total amount by which all properties served thereby, including the developer's property, have been specially benefited by the improvement. Further, if the off-tract improvement is to be constructed by the municipality as a general improvement or if the improvement is to be constructed by a developer with a provision for later reimbursement by the municipality, then the developer shall not be charged with the amount by which the developer's property was specially benefited by the improvement. In the event that the municipality shall construct the off-tract improvement as a local improvement under N.J.S.A. 40:56-1 et seq., the developer may be called upon to pay, in addition to the amount set forth above, the amount by which the subject property was specially benefited by the improvement.
B. 
Prior to the Planning Board making a determination of the amount to be paid by the developer, the governing body shall make a determination whether the off-tract improvement is to be constructed by the municipality as a general improvement or as a local improvement or whether it is to be done by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the subdivision. Once that decision has been made, the Planning Board shall be required to estimate, with the aid of the Municipal Engineer, the Director of Finance and the Board of Special Assessments the cost of the improvement and the amount by which all properties to be serviced thereby, including the subject property, will be specially benefited therefrom.
C. 
When the foregoing has been determined, the developer shall be required to provide, as a condition for approval of his subdivision or site plan application, a bond or a cash deposit in lieu thereof, not exceeding 10% of the cost of the improvements, as determined by the Planning Board, to ensure payment to the municipality of one of the following amounts:
(1) 
If the improvement is to be constructed by the municipality as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the subject property, will be specially benefited by the improvement.
(2) 
If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection C(1), the estimated amount by which the subject property will be specially benefited by the improvement.
(3) 
If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement.
D. 
After the improvement is completed, the estimated amounts shall be redetermined to the end that the developer will be required to pay his appropriate share of the cost thereof.
E. 
The standards set forth above shall not be altered subsequent to preliminary approval by a developer.
F. 
Where a 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 as to the fairness and reasonableness of such amount, in accordance with N.J.S.A. 40:55D-42.
[Amended 2-18-1980 by Ord. No. 80-3]
A. 
The performance guaranties shall be furnished in favor of the municipality in an amount equal to 120% of the cost of the installation of improvements it may deem necessary or appropriate as specified in § 292-34 of this chapter.
B. 
Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Borough Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
C. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet improved, provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements.
D. 
Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
E. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of improvements not completed or corrected, and the municipality may complete such improvements prior to or after receipt of the proceeds of the performance guaranty.
F. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Engineer or the governing body.
H. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspections of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonable anticipated fees to be paid to the Borough Engineer for such inspections.
I. 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
J. 
The performance guaranties shall be approved by the governing body as to form, sufficiency and execution, and such performance guaranties shall run for a period to be fixed by the approving authority. However, with the consent of the obligor and surety, if there is one, the governing body may, by resolution, extend the term of such performance guaranties for an additional period not to exceed one year.
Prior to the acceptance of any on-tract improvement herein, a maintenance guaranty shall be furnished in favor of the municipality for a period not exceeding two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement.
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.