Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
A. 
Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on tract improvements in the manner provided hereafter and as otherwise provided by law.
B. 
Contributions by developer toward required off-tract improvements.
(1) 
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, the Planning Board shall utilize the criteria set forth in § 102-54 below in determining the developer's proportionate share of such improvements as well as the terms and conditions which shall be imposed upon the applicant to ensure successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the Board shall be guided by the rules and regulations specified in this chapter and the Master Plan. The Board may also be guided by counsel from the Board Attorney, engineer, planning consultant and other qualified experts and municipal officials relative to the subject matter.
[Amended 7-27-1998 by Ord. No. 574]
(2) 
In the event that the Board determines that one or more improvements constitute an off-tract improvement, the Board shall notify the Township Committee of the same specifying the Township's recommendation relative to the estimated cost of same, the applicant's pro rated share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guarantees, case contributions, development agreements and other forms of surety.
(3) 
The Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed by both the applicant and the Township Committee and a written resolution to that effect by the Township Committee has been transmitted to the Board.
A. 
Performance and maintenance guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
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 Board, said agreement shall be approved as to form, sufficiency and execution by the Board Attorney and Township Attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment the relative timing of such payment and the obligation or obligations to be undertaken by the Township of Boonton.
C. 
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(1) 
Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the Township of Boonton;
(2) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided; or
(3) 
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the Township of Boonton.
D. 
Cash contributions, method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the Township Treasurer with a copy of the applicant's transmittal letter forwarded to the Township Committee, the Township Engineer and the Planning Board. 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 ten years, the funds may be retained by the Township and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators or grantors shall be liable to the Township for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.
Where an off-tract improvement is required, 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 and the construction of new streets and other similar street or traffic improvements. The applicant's proportionate share shall be in the ratio of the estimated peak hour traffic capacity of the present facility, and the estimated peak hour traffic generated by the proposal 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 to the sum of the deficiency 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. In the case where the peak flow for 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 in gallons per minutes 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 the contingencies and shall be the ratio used to determine the cost to the applicant.
D. 
Stormwater and drainage improvements, including 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 surfaces run off 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. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of the surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Board.
E. 
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.