Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-42, construction of or contributions for off-site or off-tract
water, sewer, drainage and street improvements may be required in
accordance with the following criteria.
In cases where reasonable and necessary need
for an off-site or 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 Board may require
the applicant as a condition of site plan approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on-site or on-tract improvements in the manner provided
herein and as otherwise provided by law.
A.
In cases where the need for any off-site or off-tract improvements is necessitated by the proposed development application, and where the Board determines that properties outside development will also be benefited by the improvements, such determination shall be made by the Board, in writing. Said resolution or determination of the Board shall specify the off-site or off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-site or off-tract improvements are required, the Board shall be guided by the rules and regulations specified in Chapter 429, Zoning, of the Code of the Borough of Paramus, this chapter and the Borough Master Plan. The Board may also be guided by counsel from the Board Attorney and Engineer and other qualified experts and municipal officials.
B.
In the event that the Board determines that one or
more improvements constitute an off-site or off-tract improvement,
the Board shall notify the governing body of the same, specifying
the Board's recommendation relative to the estimated cost, the applicant's
prorated 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.
C.
The Board shall not grant final approval of the site
plan until all aspects of such conditions have been mutually agreed
by both the applicant and the governing body and a written resolution
to that effect by the governing body has been transmitted to the Board.
A.
Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection
with an off-site or off-tract improvement, the application shall be
required following the same procedures and requirements as specified
in this chapter for other improvements.
B.
Development agreement. A development agreement governing
off-tract improvements or other conditions as may be required by this
chapter or by the Board shall be approved as to form, sufficiency
and execution by the Board Attorney and Borough Attorney. Said agreement
shall specify the amount of cash contributions, if any, the method
of payment of the same, the relative timing of such payment and the
obligation or obligations to be undertaken by the Borough of Paramus.
C.
Cash contributions, when not required. Cash contributions
for off-site or 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, guaranty
or other surety of applicant in lieu of such conditions imposed by
the Borough of Paramus;
(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 Borough of
Paramus.
D.
Cash contributions, method of payment. Where a cash
contribution is required by this chapter, said contribution shall
be deposited with the Chief Financial Officer of the Borough of Paramus
with a copy of the applicant's transmittal letter forwarded to the
governing body, the Borough Engineer and the Board. Any and all moneys
received by the Chief Financial Officer shall be deposited in an escrow
account for the purpose of undertaking the improvement specified.
Where such improvements are not undertaken or initiated for a period
of 10 years, the funds may be retained by the Borough and may be used
for general municipal purposes, but in such event, neither the applicant
nor any of his heirs, executors, administrators or grantees shall
be liable to the Borough for any assessment for the purpose of installing
any of the improvements for which said cash contribution was made.
Where an off-site or 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, constructions 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 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.
Any Borough expense for water distribution facilities,
including the installation of new 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 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 surface runoff as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the existing peak 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. 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 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.
