The approving board may require the installation or construction of necessary on-site and/or off-tract improvements. In the event improvements are required, the procedures, standards, inspection fees, performance guarantees and maintenance guarantees shall be governed by this Ordinance.

In the event preliminary major subdivision or site plan approval is conditioned upon improvements, the applicant may apply for conditional final approval subject to the posting of the necessary bonds or installation of the improvements as a condition to the granting of final approval. The posting of bonds in lieu of installation of major site plan improvements prior to final approval shall be permitted only where the Approving Board finds, pursuant to Section 13-3.1102, that the required site improvements are of a character and scope that does not warrant as-built review by the Board. The posting of bonds for major site plan improvements as a condition of final approval may be waived, pursuant to Section 13-3.1102, where the Board finds that the improvements are of such limited scope as not to justify the Township's administrative costs in connection with such bonds.

Except as provided in Sections 13-3.1102 and 134.102, the approving Board shall require for final major site plan approval an as-built plan in accordance with the approved preliminary major site plan approval. For purposes of this section, "as built" plan shall mean a plan showing the complete buildout of the site in accordance with the approved preliminary major site plan. Where an as-built plan is required, the Board shall not grant final approval until the Township Planner and the Board Engineer have inspected the site and certified that the improvements have been completed as depicted on the as-built plan. Where installed non-public improvements are incomplete or deficient but the character and extent of the incompleteness or deficiency does not involve unreasonable risks 'to public health and/or safety, the Board may grant final major site plan approval conditioned upon the posting of a cash bond or irrevocable letter of credit for 120% of the value of the incomplete improvements as estimated by the Board Engineer; provided that no permanent certificate of occupancy shall be issued in connection with such a site plan until the Board Engineer certifies that all non-public improvements have been satisfactorily completed.

1. No building permit shall be issued in connection with a major subdivision and no certificate of occupancy shall be issued in connection with a major site plan until the approving board shall grant final approval. Except in circumstances where bonding of improvements is permitted under this Ordinance, no final major subdivision plat or major site plan map shall be approved by the approving board until the complete and satisfactory installation of all items such as, but not limited to, grading, pavement, lighting, streets, street signs, curbs, gutters, culverts, trees, surveyors monuments, soil erosion and storm water control measures, water mains, storm sewers, sewage treatment plant, sanitary sewers, dry sanitary sewers, parking lots, landscaping, open space improvements, drainage facilities, and such other improvements, on site and off site, required by the board in the public interest, have been installed, and all public improvements have been inspected, certified and approved by the Township Engineer and accepted by the Township Council and a maintenance guarantee has been filed and accepted by the Township Council in accordance with the requirements of this section.

2. The applicant will undertake no activity which will cause land disturbance on any site until the appropriate Restoration Guarantee has been furnished by the Developer to insure the restoration of the site to a safe and stable condition. Said guarantee shall be in favor of the Township in an amount equal to One Hundred Twenty (120%) Percent of the cost to restore the site as estimated by the Township Engineer. A Restoration Guarantee shall run until such time as the site is in a safe and stable condition as certified by the Township Engineer.

3. Unless all improvements have been installed in accordance with paragraph 1 of this section, pursuant to N.J.S.A. 40:55D-53 the approving board shall require, before the filing of a final major subdivision plat or approval of a final major site plan (except as provided in Sections 13-3.1102 and 13-4.102), the furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of the installation, which costs shall be estimated by the municipal engineer in accordance with N.J.S.A. 40:55d-53.4, for the improvements which the approving board may deem necessary or appropriate including streets, grading, pavement, gutters, curbs, sidewalks, street signs, lighting, trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, storm water control measures, public improvements of open space parking lots, landscaping, open space improvements, drainage facilities, and such other improvements, on site and off site, required by the board in the public interest. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance Guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor. In the case of major site plans, the approving board may grant final approval authorizing the issuance of one or more temporary certificates of occupancy conditioned upon the furnishing of a cash bond or irrevocable letter of credit for incomplete or deficient non-public improvements, in an amount One Hundred Twenty (120%) percent of the cost of the work, as estimated by the Board Engineer, where it determines that the deferral of completion of such items will not pose an unreasonable risk to the public health and/or safety.

4. The cost of the installation of improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the Municipality. The developer may appeal the Municipal Engineer's estimate to the county construction board of appeals established under section 9 of P.L. 1975, c.217 (C. 52:27D-127).

5. No maintenance guarantee shall be accepted nor shall any partial facility be accepted by the township for any item which has further stages of work to be completed or which will need to be completed or which will need to be altered or re-worked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final major subdivision or site plan application that do not meet township standards shall be added to the performance guarantee.

At least ten (10) percent of the performance guarantee shall be in cash or equivalent deposited with the Township. Such cash shall be deposited to the credit of the Township and may be usable at any time in the event of non-performance by the applicant. The remaining portion of the performance guarantee shall be issued by a bonding or surety company authorized to do business in the State of New Jersey, or an irrevocable letter of credit issued by a bank or savings institution authorized to do business in the State of New Jersey, as approved by the Township Attorney.

The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed One Hundred ($100.00) dollars for the year. If the amount of interest exceeds One Hundred ($100.00) dollars, that entire amount shall belong to the applicant and shall be refunded annually to the applicant or at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more than thirty-three (33%) percent of that entire amount, which shall be in lieu of other administrative and custodial expenses.

Performance guarantees shall run for a term not to exceed twenty-four (24) months. Performance guarantees, with the consent of the principal and surety, if there is a surety, may be extended by the governing body by resolution.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution.

As a condition or as a part of any such extension, the amount of any performance guarantee may be increased or decreased, as the case may be, to an amount not to exceed 120% of the cost of the installation which costs shall be determined by the Municipal Engineer as of the time of the passage of the resolution.

If the required improvements have not been installed in accordance with the standards and specifications of the Township within the time limit or extension thereof, and in the requirements of the performance guarantees, the obligor and surety shall then be liable to the Township for all reasonable costs of the improvements not installed. Upon receipt of the proceeds, the Township shall install such improvements and/or any use such portions of said performance guarantees as have been deposited in cash with the Township Clerk to assure the completion of said improvements in accordance with the terms of this Article and any applicable agreement. Such completion or correction of improvements shall be subject to the public bidding requirements (N.J.S.A. 40A:11-1 et seq.).

1. Before accepting a performance guarantee, the governing body shall have the following: a) A letter from the Township Engineer stating that the proposed guarantee covers all the items required by the Board, with a list of the items and costs. The letter shall also state that the plans and specifications meet all applicable township ordinances. b) A letter from the Township Attorney approving the performance guarantee as to form and amount.

2. After approval and acceptance of the performance guarantee by the governing body, a letter stating that fact shall be sent by the governing body to the applicable board before the board shall sign the final plats for filing with the county.

The procedures established in N.J.S.A. 40:55D-53 shall govern the release of performance guarantees. Before the governing body releases any guarantees or portions thereof, the following items shall be required:

1. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the developer five (5) days in advance of the start of construction. The cost of the inspection shall be the responsibility of the developer. This non-refundable fee shall be in addition to the amount for the performance guarantee and shall be assessed against the escrow deposits specified in section 13-2.4 above. If the inspection costs exceed such funds, the developer shall deposit with the Township Chief Financial Officer additional sums upon notice from the Township Engineer.

2. In no case shall any paving work (including prime and seal coats) be done without prior permission from the Township Engineer so that a representative of the Township Engineer's Office may be present at the time the work is to be done. No underground installation shall be covered until inspected and approved. The Township Engineer's Office shall be notified after each of the following phases of the work has been completed so that the Township Engineer or a qualified representative may inspect the work: road subgrade, curb and gutter forms, curbs and gutters; road paving after each coat in the case of priming and sealing; drainage pipes and other drainage structures before back filling; shade trees and planting strips; street name signs; and monuments. Electrical, gas and telephone utility distribution supply lines installed by the utility companies are exempt from the above requirements. Shade trees shall not be planted until all grading and earth moving are completed.

3. Inspection by the Township of the installation of improvements and utilities by the developer shall not subject the township to liability for claims, suits, or liability of any kind that may at the time arise because of defects or negligence, during construction, or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the developer and his or her contractors or subcontractors, if any.

4. As-built plans and profiles of all utilities and roads with a certification by the applicant's engineer as to the actual location and construction.

5. A statement or affidavit from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the township.

6. A maintenance guarantee.

7. Deeds, free and clear of any encumbrances, for all streets, public easements, drainage and conservation easements, other lands dedicated to public use and any improvements to be dedicated or deeded to the township or other public agency.

8. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Governing Body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed One Hundred Twenty (120%) percent of the cost of the installation as determined as of the time of passage of the resolution.

Upon substantial completion of all required improvements, including streets and appurtenant utility improvements and the connection of same to the public system, the developer may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimates prepared by the Municipal Engineer and appended to the performance bond, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remained uncompleted in the judgment of the developer. Thereupon the Municipal Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report in writing with the governing body and shall simultaneously send a copy thereof to the developer not later than 45 days upon receipt of the developer's request.

The prepared list by Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, nature and the extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee.

The governing body by resolution shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to said improvements except in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee. The resolution shall be adopted not later than 45 days after the receipt of the list and report prepared by the Municipal Engineer. Upon adoption of a resolution by the governing body, the developer shall be released from- all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion of correction of the improvements not yet approved; provided that 30% of the amount of performance guarantee be posted may be retained to insure completion and acceptability of all improvements.

In the event that the developer has made a cash deposit with the municipality as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

10. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspections of improvements; provided that the municipality may require of the developer a deposit for all inspections in an amount not to exceed, except for extraordinary circumstances, the greater of $500.00 or 5% of the cost of improvements as calculated by the Municipal Engineer.

11. The governing body, by resolution, shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the developer in writing, by certified mail, of the contents of the said report and the action of the Governing Body with relation thereto. Where partial approval is granted, the developer shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision for the improvements not yet approved; provided that thirty (30) percent of the amount of the performance guarantee posted may be retained to insure completion of all improvements. If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the developer may apply to a court of competent jurisdiction, in a summary manner, for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 5-06.

12. In the event that final approval is by stages or sections of developments, pursuant to C. 40:55D-38, the provisions of this section shall be applied by stage or section.

The approval of any plat under this Article by the approving board shall in no way be construed as acceptance of any street, drainage system(s) or other improvements required by this Article, nor shall such plat approval obligate the township in any way to maintain or exercise jurisdiction over such street, drainage system(s) or other improvements. Acceptance of any street, drainage system(s) or other improvement by the township shall be implemented only by favorable action by the Governing Body. No improvement shall be accepted by the Governing Body unless and until all of the following conditions have been met:

1. The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this chapter and of other applicable local ordinances.

2. The final plat shall have been approved by the approving board.

3. All improvements required by the approving board shall, before being accepted by the township, be covered by a maintenance guarantee running in favor of the Township of Roxbury in the amount of fifteen (15) percent of the estimated cost of the improvements as estimated by the Township Engineer. Said maintenance guarantee shall run for a period of two (2) years and provide for the proper repair and/or replacement of any such improvements during said period. The two-year period shall be from the date of the acceptance of the improvements by the township, and no performance guarantee shall be released by the township until such time as the maintenance guarantee herein required has been posted with the township.

The governing body shall not accept any road or other improvements into the municipal road system or for municipal ownership until the maintenance guarantee has been posted and all deficiencies are corrected or repaired to the satisfaction of the Township Engineer.

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.

1. The developer shall present to the township attorney no later than fourteen (14) days prior to the governing body's meeting, any proposed restoration guarantee, performance guarantee or maintenance guarantee for his approval as to form and execution.

2. The township attorney shall notify the township clerk prior to the meeting whether the restoration guarantee, performance guarantee or maintenance guarantee is properly executed and in proper form and can be added to the agenda. If the said guarantee is approved by the township attorney, a resolution authorizing acceptance shall be prepared by the township attorney and forwarded to the township council for approval subject to final subdivision or site plan approval by the appropriate municipal approving authority.

3. The final approval of the municipal approving authority shall be conditioned upon acceptance by the township council of the performance or maintenance guarantee, as the case may be.

4. The township clerk shall forward to the appropriate municipal approving authority (Planning Board or Board of Adjustment) and to the township engineer, a certified copy of the township council's resolution of acceptance of the restoration guarantee, performance guarantee or maintenance guarantee, as the case may be.

5. No final map or plan shall be signed or filed until a certified copy of the township council's resolution accepting the guarantee is on file with the appropriate municipal approving authority.

1. No building permit shall be issued in connection with a major subdivision until the plat has received final approval and the applicant has posted the appropriate guarantee or installed the improvements and the plat has been duly filed 'in the County Clerk's office. No building permit shall be issued in connection with a major site plan until it has received preliminary approval and the applicant has installed the public improvements or posted the appropriate guarantee. No building permit shall be issued until the applicant has posted the appropriate restoration guarantee in accordance with Section 13-4.201.

2. In the event that the applicant proposes to install improvements prior to final subdivision or site plan approval, building permits may be issued only after installation, inspection and approval by the Township Engineer of all: a) Road base and intermediate courses of all public roads. b) Curbs and/or gutters on all public roads, where required. c) Water mains, storm sewers, sanitary sewers, and electric lines. d) For site plans, all other public improvements.

No certificate of occupancy shall be issued for any building or structure until all improvements as shown on the approved plans shall have been installed by the developer and approved by the Township Engineer and a certificate of compliance from the Soil Conservation Service has been issued, except that a certificate of occupancy may be issued if the following conditions are met:

1. The township engineer shall certify in writing to the construction official that all required utility improvements, curbs and/or gutters and the intermediate course of the road have been installed, inspected and approved, and that the best interest of the township require a delay for engineering reasons before the developer completes the other improvements. The developer shall post a cash bond in the amount approved by the township engineer for that portion of the improvements yet to be completed and for maintenance of those completed in the particular sections for which certificates of occupancy have been requested.

2. The developer shall notify each homeowner that he or she has deposited funds with the township to guarantee the completion and maintenance of the required improvements, and a copy thereof, together with proof of service, shall be filed with the construction official. The maintenance guarantee shall remain in effect for two (2) years from the date of approval of the improvement by the township engineer.

3. Prior to the issuance of a certificate of occupancy for a lot or site awaiting landscaping, the developer shall have graded the land or lot to which the certificate of-occupancy applies in a manner approved by the township engineer to ensure proper drainage and to have installed appropriate measures to prevent soil erosion and sedimentation.

4. A temporary certificate of occupancy may be issued in connection with a major site plan where non-public improvements, which will not be turned over to the township, remain incomplete, provided that a cash bond or irrevocable letter of credit shall be posted to assure the completion or installation of said private improvements; and provided further that the approving board has determined that the deferral of the private improvements will not pose an unreasonable risk to public health and/or safety.

5. In the event that the road is not accepted by the governing body, no certificate of occupancy shall be issued unless the base course and drainage facilities for the road has been installed to the satisfaction of the Township Engineer and the applicant has posted a bond acceptable to the township attorney for the installation of the top course and shall execute a developer's agreement that requires maintenance of the road by the applicant, including but not limited to snow removal and repairs until the acceptance of the road by the governing body.

6. The performance guarantee for the uncompleted improvement remains in full force and effect in accordance with the terms of this ordinance.

a. Upon the issuance of a Certificate of Occupancy for any building, or structure en any new dedicated street or roadway which is open to the public or to which the public is invited, in a subdivision or development which is the subject of an application for development within the Township of Roxbury, and prior to the acceptance of such dedication by the township, the developer shall be required to keep and maintain said streets or roadways free and clear of snow and ice, within six (6) hours of daylight after the same shall have fallen or be formed thereon, and the same shall be open to public use and shall permit access to police, fire fighting, and emergency vehicles in accordance herewith.

b. Each developer shall be required to post a separate cash performance guaranty for snow removal in the amount of $100.00 per 100 linear feet of road or $1,500.00 whichever is greater. In the event of failure of the developer to satisfactorily provide snow removal as required by a. above, the township shall have the option to take the necessary actions and charge the cost of said snow removal against the cash performance guaranty, and the developer shall not seek compensation from the township pursuant to N.J.S.A. 40:67-23.5. The costs incurred thereby shall be certified to the Governing Body by the Public Works Department, which certification shall be presented to and reviewed by the Governing Body. Such costs shall be computed so as to defray and meet the expenses incurred by the township, including but not limited to, the costs of labor, materials and the costs to repair any and all injury or damage done to the roadway or occurring to same during such snow and ice removal operations, or caused thereby. Such costs shall be charged to and paid by the developer to the township to replenish the cash performance guaranty, in the amount so certified, within ten (10) days of the receipt of a bill for the same. Upon acceptance of the subdivision improvements by the township, the remaining cash performance guaranty balance shall be returned to the developer.

The township shaft not be obligated to provide advance notice to the developer of the township's intention to cause snow and/or ice to be removed it, in the reasonable judgment of the Township Manager, such snow and/or ice poses a threat to the health, safety and welfare of the residents of the township who use such roads and driveways.

The Township of Roxbury shall have no liability or responsibility whatsoever for any damage that may be done to catch basins, manholes, curbs, gutters, driveways, or other improvements, or to said streets or roadways, which damage may occur during said snow and ice removal, and the subdivision owner shall indemnify and hold the township harmless in writing with respect thereto.

Any person who fails to satisfactorily provide snow removal in accordance with the requirements of Subsection 13-4.501a. above shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof. Each day a particular violation continues shall constitute a separate offense. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in Subsection 13-4.501 b. above.

**Webmasters Note: The previous section, 13-4.5, has been added as per Ordinance No. 8-01.

Applicants shall be required, as a condition for approval of all subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements and any necessary easements therefor, located outside the property limits of the subject premises, but necessitated for safety considerations or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.

In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Roxbury Township or Morris County or, in lieu thereof, the subdivider or developer may be required to deposit with the township a sum of money sufficient to allow the township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

Provided that, if delays in the construction of the development cause a delay of 5 years or more in the installation of off-tract improvements, the Township Engineer may reassess and/or update the extent and/or cost of such improvements.

In cases where the need for any off-tract improvements to be implemented now or in the future is necessitated by safety considerations or required by the proposed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the developer shall pay his pro rata share of the cost of providing such reasonable and necessary street improvements and water, sewerage and drainage facilities, including any necessary easements. The following criteria, together with the provisions or rules and regulations of Roxbury Township or any department thereof, may be utilized in determining the developer's pro rata share of such improvements:

1. Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows: a) The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and any Roxbury Township sewer design standards, including infiltration standards. b) Developer's pro rata share:

1. The capacity of the existing system to serve the additional sewer gallonage from the development shall be computed. If the system is able to carry the additional gallonage, no improvement or enlargement cost will be assigned to the developer although some charges including, but not limited to, capacity charges may be imposed. If the existing system does not have adequate capacity for the additional gallonage or a new system is required, the pro-rata enlargement or improvement share shall be computed as follows:

2. The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.

2. Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows: a) The applicant's engineer shall provide the Township Engineer with the existing a.m. and p.m. peak-hour volumes which impact the offtract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic. Additionally, the applicant shall provide the service flow rate (SF) for a level of service C in the affected roadways. The service flow rate shall include the total traffic in both directions measured in passenger cars per hour. The applicant's engineer, with concurrence of the Township Engineer, shall determine the off-tract areas impacted by the project by including all local roadways from the project site to the nearest county or state highway facility. b) The applicant shall furnish a plan for the proposed off-tract improvements, which shall include an estimated a.m. and p.m. peakhour traffic count generated by the proposed development. Included in the proposed plan shall be all appropriate intersection improvement affecting the local roadway at their intersection with county or state highways together with the level of improvement of affected local roadways in order to establish or maintain a flow rate for level of service C. The pro-rata share shall be computed as follows:

'`Where the service flow rate for the highest peak hour at the location in question is at a level of service C or worse for the combined existing and proposed traffic, then the actual service flow rate shall be used in the denominator of the above equation. c) For purposes of this calculation, the future a.m. and p.m. peak-hour traffic generated by the development as well as the service flow rate for level of service C shall be calculated by utilizing the Highway Capacity Manual published by the Transportation Research Board Latest Edition. d) The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.

3. Drainage Improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip rap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows: a) The capacity and design of the drainage system to accommodate stormwater run-off shall be based on a method described in Urban Hydrology for Small Watershed, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer. b) The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The pro rata share for the proposed improvement shall be computed as follows:

This equation shall only be used if the development's total peak rate of run-off at the location in question is less than or equal to the peak run-off rate before development at that location. Otherwise, the formula shall be determined on a case-by-case basis by the Township Engineer." c) The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.