[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.