This article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
As a condition of subdivision approval, the Planning Board may require an applicant to pay a pro rata share of the cost of providing reasonable and necessary circulation improvements and water, sewerage, drainage facilities and other improvements, 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 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.
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 or her 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 sewage collection and treatment facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, and associated appurtenances, and treatment plant expansion shall be computed as follows:
[1] 
The capacity and design of the sanitary sewer system shall be based on the standards specified in Article X of this chapter.
[2] 
The Township Engineer or Planner 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:
Total cost of enlargement or improvement
Developer's cost
=
Capacity of enlargement or improvement (gallons per day)
Development generated gallons per day to be accommodated by the enlargement or improvement
(b) 
Roadways. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:
[1] 
The Township Engineer or Planner shall provide the applicant with the existing and reasonably anticipated peak-hour flows for the off-tract improvements.
[2] 
If the existing system does not have adequate capacity as defined above, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (peak-hour traffic)
=
Developer's cost
Development peak-hour traffic to be accommodated by the enlargement or improvement
(c) 
Drainage improvements. The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation or replacement of storm drains, culverts, catch basing, manholes, riprap, improved drainage ditches and appurtenances and relocation or replacement of other storm drainage facilities or appurtenances shall be determined as follows:
[1] 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in Article X of this chapter, computed by the developer's engineer and approved by the Township Engineer.
[2] 
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Township Engineer. The pro rata share for the proposed improvement shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement (total capacity expressed in cubic feet per second)
=
Developer's cost
Development generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement
(d) 
Other improvements. The applicant's proportionate share of other capital improvements shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement
=
Developer's cost
Development share of the enlargement or improvement
Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited in a separate interest-bearing account to the credit of the municipality until such time as the improvement is constructed. If the off-tract improvement is not begun within six years of deposit, all moneys and interest shall be returned to the applicant.