Each subdivision or 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 such subdivision or 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 the same.
C. Regulations governing off-tract improvements shall
be based upon circulation and comprehensive utility plans pursuant
to the adopted Master Plan of the Closter Planning Board or the adopted
utility or circulation plans of the Borough of Closter 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 the same, specifying the authority's recommendation relative
to the estimated cost of the same, the owner or developer's pro rata
share of the cost and possible methods or means to implement the same,
including but not limited to performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
E. Where an applicant pays, under protest, the amount
determined as the pro rata share, he or she 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 preliminary subdivision or 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,
measured 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, measured 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. 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 peak flow rate from the proposed
development, measured 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. 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, 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.