A. All required improvements for subdivisions set forth in § 190-54B and any of the improvements in § 190-54B that may be required for a site plan shall be installed and any required off-tract improvements shall be installed or a pro rata share of such off-tract improvements paid prior to fmal approval, provided that the Village may accept a performance guarantee for all or some of the required improvements in lieu of installation of said improvements prior to final approval. If a developer posts a performance guarantee as provided by this chapter, the Board shall condition the issuance of building permits, demolition permits or certificates of occupancy, as the Board deems appropriate, upon the timely installation of improvements. No building permit for the construction of any structure other than public improvements as required pursuant to Subsection B below shall be issued for any portion of a property that has been granted preliminary approval by the Planning Board until such time as final approvals have been granted by the Board.

B. The following improvements shall be required for all major subdivisions, designed in accordance with the provisions in Article IX of this chapter:

(1) Street pavement and curbs;

(2) Sidewalks on both sides of new streets and along any side of existing streets upon which the subject property has frontage;

(3) Driveway aprons;

(4) Street lighting;

(5) Street signs, traffic signs and striping;

(6) Street trees;

(7) Monuments;

(8) Potable water facilities;

(9) Water facilities for fire-fighting purposes;

(10) Sanitary sewer facilities;

(11) Storm drainage facilities;

(12) Electric, telephone, gas and cable television service, as applicable;

(13) Any related improvements that may be necessary to provide any of the improvements required above; and

(14) Any off-tract improvements required pursuant to the provisions in § 190-55.

C. All improvements as shown on an approved site plan, plus any off-tract improvements required by § 190-55, shall be required to be installed so as to comply with the provisions in Articles IX and X of this chapter.

**Webmasters Note: The previous section has been amended as per Ordinance No. 3242.

As a condition of preliminary approval and prior to any construction or the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments or other forms of payment acceptable to the Village, and/or installed with the consent of the Village, for any required off-tract improvements. The following provisions shall apply:

A. Determination of required improvements. The Planning Board or the Zoning Board of Adjustment, as applicable, shall determine the nature of off-tract improvements to be required. Such determinations shall not be inconsistent with the Village Master Plan circulation and utility elements, and may include street and related improvements, water, sewer and drainage facilities, and easements therefor.

B. Determination of total cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with advice of the Director of Public Works and appropriate Village agencies.

C. General criteria in determining proportion of costs to be paid by applicant. The proportion of the total cost to be paid by the applicant for off-tract improvements shall be determined by the Board, with the assistance of the appropriate Village agencies, based on the following criteria:

(1) The total cost of the off-tract improvements;

(2) The increase in market values of the property affected and any other benefits conferred;

(3) The needs created by the application;

(4) Population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements;

(5) The estimated time of construction of the off-tract improvements;

(6) The condition and periods of usefulness of the off-tract improvements, which periods may be based upon the criteria of N.J.S.A. 40A:2-22; and,

(7) Any other reasonable criteria the Board feels is necessary to protect the public health, safety and welfare.

D. Criteria in determining proportion of costs to be paid by applicant for specific improvements. In addition to and notwithstanding the provisions of subsection C. above, the following criteria may be considered in determining the proportion of the total cost to be paid by the applicant for the following specific off-tract improvements:

(1) Proportion of costs for street pavement, curbs, sidewalks, shade trees, streetlights, street signs, traffic lights and related improvements and easements therefor may also be based upon the anticipated increase of traffic generated by the development. In determining such traffic increase, the Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the development and the anticipated benefit thereto.

(2) Proportion of costs for drainage facilities may also be based upon the drainage conditions created by or affected by a particular development, considering:

(a) the percentage relationship between the acreage of' the development and the acreage of the total drainage basin;

(b) the use of the site and the amount of area to be covered by impervious surfaces on the site; and

(c) the use, condition or status of the remaining area of the drainage basin;

(3) Proportion of costs for water supply and distribution facilities may also be based upon the additional facilities necessitated by the total anticipated water use requirements of the development and other properties in the general area benefitting therefrom.

(4) Proportion of costs for sanitary sewer facilities may also be based upon the proportion that the total anticipated volume of sewage effluent of the development and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities. The calculation shall include the lines and other appurtenances leading to and servicing the development property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

E. Manner of implementation. After the estimated total cost of construction and the application's proportion of the total cost has been determined, the Village Council shall determine whether the off -tract improvement is to be implemented by the Village as a general or local improvement, or by the applicant under a formula providing for partial reimbursement by the Village for benefits to properties other than the subdivision or site plan.

F. Deposit for improvements. When the manner of implementation has been determined by the Village Council, the applicant may be required to provide a cash deposit or other deposit acceptable to the village, in accordance with the following:

(1) If the improvement is to be constructed by the Village as a general improvement, the applicant shall be required to deposit an amount equal to the difference between: a) the total cost of the improvement and b) the estimated amount, if less than the total cost, that all properties which are to be serviced by the improvement, including the subject property, will be specifically benefitted by the improvement.

(2) If the improvement is to be constructed by the Village as a local improvement, the applicant shall be required to deposit an amount equal to: a) the amount specified in paragraph (1) above, plus b) the estimated amount that the subject property will be specifically benefitted by the improvement.

(3) If the improvement is to be constructed by the applicant, the applicant shall be required to deposit an amount equal to the estimated cost of the improvement, less an offset for benefits to properties other than the subject property.

G. Payment for applicant's share of the cost of improvement. The applicant's proportion of the total cost of off-tract improvements shall be paid by the applicant to the Village Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited, or for other improvements serving the same purpose. In the event that the amount of the deposit pursuant to subsection F. above is less than the applicant's proportion of the total cost determined pursuant to subsections C. and D. above, then the applicant shall be required to pay said proportion. In the event that the amount of the deposit pursuant to subsection F. above is more than the applicant's proportion of the total cost determined pursuant to subsections C. and D. above, then the Village shall reimburse the applicant, or his successors or assigns, for the difference between the deposit and the applicant's proportion.

H. Refund of payments for failure of Village to make improvements. If after a period of ten (10) years from the date of payment by an applicant for off-tract improvements to be constructed by the Village, construction of such off-tract improvements has not been initiated, the Village shall refund any and all deposits made by the applicant for such improvements, together with the accumulated interest or other income earned on the deposit, if any.

I. Dispute of amount of applicant's contribution. If the applicant and the Board cannot agree on the total cost or the applicant's proportion of the total cost of the off-tract improvement, or on the determination made by the officer or Board charged with the duty of making assessments as to special benefits, and if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted for the application. Where a developer pays the amount determined as his proportion of the total cost of the improvement under protest, he shall institute legal action within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

J. Assessments of properties. Upon receipt from the applicant of his proportion of the total cost of the off-tract improvement, the Village may adopt a local improvement assessment ordinance for the purpose of construction of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed by the Village against any property owners who benefit from the improvement. Any assessments made against the applicant or his successors or assigns for benefits conferred shall be first offset by a credit for the payment made by the applicant pursuant to subsection G. above. The applicant or his successors or assigns shall not be liable for any part of any assessment for such improvements unless the assessment exceeds the credit for payment previously made, and then only to the extent of the deficiency.

K. Credit for work performed. In the event that the applicant, with the Village's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Village in the same manner as if the applicant had made a payment pursuant to subsection G. above.

L. Installation of improvements by applicant. At the option of the Village, and with the consent of the applicant, the Village may enter into a contract with the applicant providing for the construction of off-tract improvements by the applicant upon contribution by the Village of the remaining unallocated portion of the cost of the off-tract improvement. In the event that the Village so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Village shall be subject to possible certification and assessment as a local improvement against benefitting property owners in the manner provided by law, if applicable.

M. Compliance with design criteria. Should the applicant and the Village enter into a contract for the construction and erection of the off-tract improvement to be done by the applicant, he shall observe all requirements and principles of this chapter in the design of such improvements.

All improvements required by the Board, except electric, telephone, cable television, street lighting, gas, water,, and streets not under the jurisdiction of the Village of Ridgewood shall be installed under the supervision and inspection of the director of the Department of Public Works. Other improvements shall be installed under the supervision and inspection of the authority having jurisdiction over such improvements. No construction work covering the required improvements shall be commenced without the developer first notifying the director that said construction work is about to take place. Such notice shall be given, in writing, to the director at his office in the Village Hall at least one (1) week before the commencement of such work. No required improvements shall be covered until inspected and approved by the director of the Department of Public Works.

Until final acceptance of all public improvements by the Village Council, the developer shall be responsible for the maintenance of all such improvements, whether such improvements are completed or are under construction, and shall be responsible for providing all municipal services regarding such improvements other than solid waste collection. The following provisions shall apply:

A. If the developer fails to maintain such improvements, including but not limited to a failure to sweep streets, remove leaves or remove ice or snow, the Village may, after twenty-four (24) hours notice to the developer, proceed to perform such maintenance at the expense of the developer.

B. The cost charged by the Village for such services shall include direct labor, overhead, materials and equipment as computed by the Director of the Department of Public Works.

C. In order to ensure payment of such charges, the Village shall require the applicant, at the time of and as a condition of preliminary approval, to deposit in an escrow account an amount equal to that necessary to provide all necessary maintenance services for a time period equal to that established for the required performance guarantee, and any extension thereof. Such escrow deposit shall be administered in accordance with § 190-26, with the amount of any additional deposits to be computed by the Director of the Department of Public Works.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Village approval is required by this chapter or any other ordinance pursuant to the Municipal Land Use Law, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.00), and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Village may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made to such a contract of sale if a certificate of compliance has not been issued in accordance with § 190-59. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years of the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision subsequent to August 1, 1973, may apply in writing to the Board Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. The following provisions shall apply to the issuance of said certificates:

A. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

B. The Board Secretary shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor.

C. Each such certificate shall be designated a "certificate as to approval of subdivision of land", and shall certify:

(1) whether there exists in the Village a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law;

(2) whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

(3) whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in the Municipal Land Use Law.

D. The Board Secretary shall charge a fee for such certificate as provided in Article V of this chapter, which fee shall be paid by the Board Secretary to the Village of Ridgewood.

E. The Board Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

F. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information contained therein shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Village pursuant to the provisions of § 190-58.

G. If the Board Secretary fails to issue the same within fifteen (15) days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Village pursuant to § 190-58.

H. Any such application addressed to the Village Clerk shall be deemed to be addressed to the proper designated officer and the Village shall be bound thereby to the same extent as though the same was addressed to the designated official.

The Board, when acting upon applications for minor site plan, minor subdivision, preliminary major site plan or preliminary major site plan approval, shall have the power to grant such exceptions from the requirements in this chapter for site plan or subdivision approval as may be reasonable and within the general purpose and intent for the provisions for site plan and subdivision review and approval, if the literal enforcement of one or more provisions of this chapter regulating site plan and subdivision applications is impracticable or will exact undue hardship because of peculiar conditions. pertaining to the land in question. Notwithstanding the above, there shall be no deviation from the zoning regulations, Article X of this chapter, authorized by this section.

If the Village Master Plan or Official Map provides for the reservation of designated streets, public drainage ways, flood control basins, or public areas within the proposed development, the, Board may require that -such streets, ways, basins or areas -be. shown on the plat in locations and sizes suitable to their intended uses before approving the subdivision or site plan. The Board may also reserve such areas in accordance with the provisions of § 190-130.

Notwithstanding any other provision of Chapter 246, Soil Removal, in any instance where an application for development proposes the moving of any soil, the applicant may pay a soil permit fee as required in said Chapter 246, and the Board may process the soil permit as an integral part of the site plan or subdivision application. In processing such applications, the applicant will be required to meet all provisions of said Chapter 246, except that a separate public hearing pertaining to the moving of soil will not be required.

It shall be a condition of any approval by a Village agency pursuant to this chapter that proof be submitted that no taxes or assessments for local improvements are due or delinquent on the property for which any approval is sought.

A.corporation or partnership applying to the Planning Board, Zoning Board of Adjustment or to the Village Council, as provided herein, for permission to subdivide a parcel of land into six (6) or more lots, or applying for a variance to construct a multiple dwelling of twenty-five (25) or more family units or for approval of a site to be used for commercial purposes, shall disclose the ownership of the corporation or partnership as follows:

A. The corporation shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be.

B. If a corporation or partnership owns ten percent (10%) or more of the stock of a corporation, or ten percent (10%) or greater interest in a partnership, subject to disclosure pursuant to this section, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or of ten percent (10%)or greater-interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten percent (10%) ownership criterion established in this section have been listed.

C. The Planning Board, Zoning Board of Adjustment or Village Council shall not approve any application of any corporation or partnership that does not comply with the provisions of this section.

D. Any corporation which conceals the names of the stockholders owning ten percent (10%) or more of its stock, or of the individual partners owning a ten percent (10%) or greater interest in the partnership, as the case may be, shall be subject to a fine of one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00) which shall be recovered in the name of the Village of Ridgewood in any court of record in the State in a summary manner pursuant to "The Penalty Enforcement Law".

Any site plan or subdivision approved by the Board pursuant to this Article shall be binding upon the applicant and his heirs, executors, successors or assigns. Any deviation from an approved site plan or subdivision, or any failure to adhere to the conditions of approval shall be deemed a violation of this chapter and shall be subject to the enforcement and penalties prescribed by this chapter.