Developers shall be required, as a condition for approval of a subdivision or Site Plan, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and casements therefor located outside the property limits of the subdivision or development but necessitated or required by construction within said subdivision or development

A.Improvements to be constructed at the sole expense of the developer

1 In cases where the reasonable and necessary need for off tract improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby. the Planning Board or Zoning Board of Adjustment shall require. as a condition of preliminary subdivision or preliminary Site Plan approval, the applicant, at the applicant's expense, to provide for and construct such off tract improvements as if such improvements were on tract improvements

2 The fall cost of these off tract improvements shall be included in the basis for calculating the size of the performance bond or other guarantee as specified by the Municipal Land Use Procedures Ordinance Such bond or other guarantee shall be posted no later than the time of final approval Enlargement and/or upgrading of existing off tract improvements solely necessitated by any development shall not be deemed to be a special benefit to other property owners

B.Other improvements to be constructed off tract

1 In cases where an off tract improvement is necessitated by a proposed development application, and where it is determined by the Planning Board or Zoning Board of Adjustment that other properties outside the proposed development will also be benefitted by the improvements, the developer shall pay his pro rata share as required for his development, of the cost of the off tract improvement as a condition for preliminary subdivision or preliminary Site Plan approval

2 These improvements shall include, but not be limited to. reasonable and necessary access easements, street and roadway improvements, street trees and landscaping, storm water detention facilities and easements, sanitary sewerage facilities and easements, drainage and flood control improvements and easements, water distribution facilities and all other related facilities by the proposed development, located outside the property limits of the subdivision or development but necessitated or required by construction improvements within such subdivision or development

C.Installation of improvements by the applicant

1 At the discretion and option of the Township of Berkeley Heights and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of the off tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off tract improvements

2 In the event that the Township so elects to contribute to the cost and expense of the installation of the off tract improvements by the applicant. the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefitting property owners in the manner provided by law. if applicable

3 Should the applicant and the Township enter into a contract for the construction of the off tract improvements to be installed by the applicant. all requirements and principles of the Ordinance in the design of such improvements shall be observed

4 If any off tract improvements were determined to benefit other properties outside the proposed development and if this improvement is to be constructed by the developer, then the developer's pro rata share of the cost of this improvement shall be included in the basis for calculating the amount of the performance bond or other guarantee as specified by the Municipal Land Use Procedures Ordinance Such bond or other guarantee shall be posted no later than the time of final approval

D.Installation of improvements by the Township

1 If the off tract improvements, in part or in whole, which benefit off tract owners are not to be constructed by the developer and are necessitated by the proposed development application, the developer, no later than the time of final approval. shall pay and deposit in cash funds, his pro rata share of such off tract improvements.

2 In the event the municipality shall construct any off tract improvement as a local improvement under N J S A, 40-56-1 et seq , the developer may be called upon to pay, in addition to the amount set forth above, the amount by which such property was especially benefitted by the improvement

E.General Provisions

1 Whenever an applicant or developer is required to pay his pro rata share for any off tract improvement pursuant to this Ordinance, the monies paid by the developer pursuant to this Ordinance shall be paid to the Treasurer of Berkeley Heights to be held in an escrow account Any interest thereon shall be credited to the developer and paid upon the release of the remainder of the escrow account, if any

2 Upon the completion of any off tract improvement which was installed by the Township and which was required pursuant to the Ordinance, the developer's pro rata amount shall be calculated in accordance with the actual, as compared with the estimated cost of the improvements To the extent that such recalculation shall increase the required amount of any cash deposit made by the developer, the developer shall forthwith pay that amount of such increase to the Township of Berkeley Heights To the extent that it shall decrease the required amount thereof, the Township of Berkeley Heights shall refund such decrease to the developer

F.Limitations

In the event a development application exceeds 600,000 square feet or gross floor area and provides for frontage on an existing County Road, the Planning Board may not impose off-site traffic or other improvements more than 1.000 feet beyond the boundaries of the site

Whenever construction of or improvement within a development shall cause an impact which will necessitate an off tract sewerage, drainage or street improvement or easement therefor, the developer shall pay a pro rata share of the cost of such improvement