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 procedure and requirements as specified in Article
XII.
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 the provisions as provided herein. 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.
Cash contributions for off-tract improvements
shall not be required under the following terms or conditions:
A. 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 Mendham.
B. 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.
C. Where the applicant, where legally permissive, can
undertake the improvements in lieu of the municipality subject to
standards and other conditions as may be imposed by Mendham.
D. Where the proportionate increase to the present system
constitutes less than 5% of the system or system's capabilities.
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. For 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. For 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. For 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 development or project.
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 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. For stormwater and drainage improvements, including
the installation, relocation or replacement of transmission lines,
culverts and 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, to the sum of the existing peak hour 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.