This article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.

A. As a condition of final subdivision or site plan approval, the Planning Board may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly, directly, and substantially related to the development in question. The Planning Board shall provide in its resolution of approval the basis of the required improvements. The capacity and design of proposed improvements shall be based upon the circulation plan element and utility service plan element of the adopted Master Plan. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the following criteria.

B. All cost allocations provided to the developer at the time of final approval shall be estimates only. Such estimate(s) may change as exact costing details become available, provided that they become available before the developer makes the payment. Once payment in accordance with the estimate has been made, the cost allocation to the developer shall not be increased. If subsequent costing details reveal that the estimates exceed the costing details, the difference shall be refunded to the developer.

C. The extent of all future improvements shall be determined by the Township Committee.

A. Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval, to provide and install such improvements.

B. Proportionate allocation.

(1) Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

(2) Allocation formula:

(a) Sanitary sewers. The applicant's proportionate share of distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, appurtenances, any land acquisition, and other related costs associated therewith, shall be computed as follows:

[1] The capacity and the design of the sanitary sewer system shall be based on the standards specified in applicable portions of Articles IX and X (§ 190-70 et seq.).

[2] The Municipal Engineer shall provide the applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits of the affected sewer system.

[3] If the existing system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak hour flows, the pro rata share shall be computed as follows:

(b) Water supply. The applicants proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, appurtenances, any land acquisition, and other related costs associated therewith shall be computed as follows:

[1] The capacity and the design of the water supply system shall be based on the standards specified in applicable portions of Articles IX and X (§ 190-70 et seq.).

[2] The Municipal Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand, and fire demand.

[3] If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata share shall be computed as follows: