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.
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.