a Any subdivision requiring off-tract improvements, as defined herein, shall comply with the provisions of this section.

b. An off-tract improvement shall be one (1) or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where said improvements are located off-tract.

c. An off-tract improvement shall be required where either the existing facilities serving the area or sub-area are already operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.

d. The proportionate contribution of any such off-tract improvement to the applicant shall be reasonable related to the relative benefit or use of the total area so served.

e. Under the conditions of this Chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and all necessary appurtenances thereto and utility easements, and to new or improved street and right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property or properties in question. Off-tract improvements shall not include the improvement costs for an entire utility, system or street system or major segment thereof, including sewage treatment plants, water supply or treatment facilities of substantial street construction or improvements or other similar undertaking unless the improvement is significantly affected by the property or properties in question. (Ord. #594; 1976 Code § 154-26)

Each subdivision requiring approving authority approval 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.

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 same.

c. Regulations governing off-tract improvements shall be based upon circulation and comprehensive utility plans pursuant to the adopted Master Plan of the Township Planning Board or adopted utility or circulation plans of the Township or other governmental or utility authority.

d. In the event that the approving authority determines that one (1) or more improvements constitute an off-tract improvement, the approving authority, by resolution, shall notify the Township Council of same specifying the authority's recommendation relative to the estimated cost of same, the applicant's pro rata share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guaranties, cash contributions, developer agreements and other forms of surety.

e. Action by an approving authority relating to off-tract improvements shall be deferred until the Township Council has had an opportunity to review the recommendations of the approving authority and has made a determination as to the responsibility it shall accept. It is clearly understood that the Township is under no responsibility to construct, install or provide off-tract improvements to accommodate a subdivision approval.

f. Where an applicant pays the amount determined as the pro rata share 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. No building permit shall be issued until the expiration of the one (1) year period or until such time as the applicant shall waive such provisions of this Chapter.

g. The approving authority shall not take any final action on a preliminary subdivision until all aspects of such conditions have been mutually agreed to by both the applicant and the Township Council and a written resolution to that effect by the Township Council has been transmitted to the approving authority. (Ord. #594; 1976 Code § 154-27)

a Performance and Maintenance Guaranties. 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 Section 26-7.

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 approving authority, the agreement shall be in accordance with subsection 266.3 paragraph c. Agreement may specify the amount of any cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

c. Conditions Not Requiring Cash Contributions. Cash contributions for off-tract improvements shall not be required under any of the following terms or conditions.

1. Where other County or State agencies or utility authority have jurisdiction over the subject improvement and require a cash contribution, guaranty or other surety of the application in lieu of such conditions imposed by the Township.

2. 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.

3. 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 the Township.

d. Method of Payment of Cash Contributions. Where a cash contribution is required, the contribution will be deposited with the Treasurer of the Township with transmittal letters forwarded to the Township Council, the Township Engineer and the approving authority. 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 (10) years, the funds shall be returned to the owner of record of the properties, provided that the conditions specified in paragraph c. have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of the properties. (Ord. #594; 1976 Code § 154-28)

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 ten (10%) percent 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 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 ten (10%) percent 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 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, in gallons per minute, to the sum of the present peak flow deficiency in the existing system or subsystems and the estimated peak flow rate from the proposed development. The greater of the two (2) ratios thus calculated shall be increased by ten (10%) percent 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, 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 ten (10%) percent for contingencies.

(Ord. #594; 1976 Code §154-29)