A.
Any site plan requiring off-tract improvements, as defined herein,
shall comply with the provisions of this section of this chapter.
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 area or subarea are already 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 as served.
E.
Under the conditions of this chapter, off-tract improvements shall
be limited to new or improved water distribution, sanitary sewerage
disposal and distribution of stormwater and drainage distribution
facilities and all necessary appurtenances thereto, utility easements,
and to new or improved street and right-of-way widths, traffic regulations
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 or properties in
question.
F.
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 or water supply or treatment facilities
or other similar undertaking, unless said improvements are significantly
affected by the property or properties in question.
Each site plan requiring approving authority action shall be
subject to a determination and findings as follows:
A.
That certain off-tract improvements are or are not necessary to implement
the site plan.
B.
That, in instances where off-tract improvements are required, the
terms and conditions which shall be imposed upon the applicant shall
ensure the successful and reasonable implementation of same.
C.
Regulations governing off-tract improvements shall be based upon
circulation and comprehensive utility plans pursuant to the adopted
Master Plan by the Hasbrouck Heights Planning Board or adopted utility
or circulation plans of Hasbrouck Heights or other governmental or
utility authority.
D.
In the event that the approving authority determines that one or
more improvements constitute an off-tract improvement, the approving
authority, by resolution, shall notify the governing body of same,
specifying the authority's recommendation relative to the estimated
cost of same, the owner or developer's pro rata share of the cost
and possible methods or means to implement same, including but not
limited to performance and maintenance guaranties, cash contributions,
development agreements and other forms of surety.
E.
Where an applicant pays the amount determined as the 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.
F.
The approving authority shall not take any final action on a site
plan until all aspects of such conditions have been mutually agreed
to by both the applicant and the governing body and a written resolution
to that effect by the governing body has been transmitted to the approving
authority.
B.
Development agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter, or by the approving authority, said agreement shall
be in accordance with this chapter. Said agreement may specify the
amount of cash contributions, if any, the method of payment and the
obligation or obligations to be undertaken by the Borough of Hasbrouck
Heights.
C.
Cash contributions, when not required. 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 improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by Hasbrouck Heights; or
(2)
Where a benefit assessment or other similar tax levy is imposed upon
the applicant and other landowners similarly situated within a designated
service area for the off-tract improvements provided; or
(3)
Where the applicant, where legally permitted, can undertake the improvements
in lieu of the municipality, subject to standards and other conditions
as may be imposed by Hasbrouck Heights; or
(4)
Where the proportionate increase to the present system constitutes
less than 5% of the system or systems' capabilities.
D.
Cash contribution, method of payment.
(1)
Where a cash contribution is required, said contribution will be
deposited with the Treasurer of Hasbrouck Heights Borough with transmittal
letters forwarded to the governing body, the Borough Engineer and
the approving authority.
(2)
Any and all moneys received by the Treasurer 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 11.330 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
daily 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.
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 of 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
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.
