A. Payment of pro rata share. The Board of Jurisdiction shall require as a condition of final subdivision or final site plan approval that the applicant pay for his or her pro rata share of providing off-tract improvements, including the acquisition of land and easements, necessitated or required by the approved development. The applicant shall either install the necessary off-tract improvements or pay the pro rata share to the municipality at the option of Neptune Township. Such off-tract improvements shall be clearly, directly and substantially related to the approved development.

B. Improvements to be constructed at the sole expense of the applicant. In cases where the need for an off-tract improvement is created by the proposed subdivision or site plan and where no other property owners receive a special benefit thereby or where no planned capital improvement by a governmental entity is contemplated, the applicant shall be solely responsible for the cost and installation of the required improvements.

C. Other improvements.

1. In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Board of Jurisdiction determines that properties outside the subdivision or tract will also be benefited by the improvement, the Board shall forward to the Township Committee a list and description of all such improvements together with its request that the Township Committee determine and advise the Board of the procedure to be followed in its construction or installation. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or until the expiration of thirty (30) days after the forwarding of such list and description to the Township Committee without such determination having been made, whichever occurs sooner.

2. The Township Committee, within thirty (30) days after receipt of said list and description, shall determine and advise the Board whether:

(a)The improvement or improvements are to be constructed or installed by the municipality:

(i) As a general improvement, the cost of which is to be borne at general capital improvement (except as otherwise provided as a contribution by the applicant); or

(ii) As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with N.J.S.A. 40:56 (except as otherwise provided as a contribution by the applicant); or

(b)The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

3. If the Township Committee determines that the improvement or improvements shall be constructed or installed as a general capital improvement, the Municipal Engineer shall estimate the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. The Township Committee shall adopt an Ordinance authorizing and providing for the financing of the capital improvement or improvements in a manner consistent with the obligation of the applicant for any difference in the total cost over total benefits conferred.

4. If the Township Committee determines that the improvement or improvements shall be constructed or installed as a benefit assessment, the Municipal Engineer shall estimate the difference between the total costs to be incurred and the total amount by which all properties, including the subject tract, will be specifically benefited by the improvement. The applicant shall be liable to the municipality for the difference in total cost over total benefits occurred as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. The Township Committee shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising in a manner consistent with the obligation of the applicant. The Township Committee shall proceed in accordance with N.J.S.A 40:56, except to the extent modified by the obligation of the applicant for any excess of total costs over total benefits conferred.

D. Cost allocation. Nothing in this section shall be construed to prevent the municipality and applicant from agreeing to use a different method of allocating cost.

E. Costs included. The cost of an improvement shall be construed to encompass all costs related to such improvement, including, but not limited to, planning, feasibility studies, surveying, permit acquisition, property and easement acquisition, design, construction, and inspection of a project.

F. Performance guarantee. The applicant shall be required to provide, as a condition for final approval a performance guarantee for the off-tract improvements in accordance with §1002 Guarantee Required.

G. Refund of deposit. In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this Ordinance by the municipality, the applicant shall be entitled to full refund of such deposit if the Township Committee of the municipality shall not have enacted an ordinance authorizing the improvement within ten (10) years after the date of all other improvements are completed.

H. Deposit of funds. All monies paid an applicant pursuant to this section shall be deposited with the municipality in a trust fund account. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

I. Redetermination of assessment. Upon completion of off-tract improvements required pursuant to this section, the applicant's liability, shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount of the cost estimate, the Township shall refund the amount of such difference to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.