[Amended 11-9-2005 by Ord. No. 0-05-12; 3-10-2010 by Ord. No. 0-10-04]
As a condition of final subdivision or site plan approval, the Planning/Zoning Board may require an applicant to pay the pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor located outside the property limits of the development, but necessitated or required by construction or improvements within such development agreed upon by the Board and the applicant. The proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area shall be based on the criteria established herein or agreed upon by the Board and the developer.
[Amended 11-9-2005 by Ord. No. 0-05-12]
In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application or agreed upon by the Board and the applicant and where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside of the development will also be benefited by the improvement, the following criteria shall be utilized in determining the proportionate share of such improvements to the developer:
A. 
Sanitary sewers. For distribution facilities, including 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:
(1) 
The capacity and the design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey Department of Environmental Protection (NJDEP), and all South Harrison Township sewer design standards, including infiltration standards, and all other Township stormwater drain standards.
(2) 
The capacity of the existing system to service the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement
or improved cost
Developer's cost
=
Total tributary gpd
Development gpd
If it is necessary to construct a new system in order to service the proposed development, the prorated enlargement share to the developer shall be computed as follows:
Total project cost
Developer's cost
=
Total tributary gpd
to new system
Development tributary gpd
The plans for the improved system or extended system shall be prepared by developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.
B. 
Roadways. Street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements; the applicant proportionate cost shall be as follows:
(1) 
The applicant shall provide a Traffic Impact Study if deemed necessary by the Planning/Zoning Board. This study should contain the existing and anticipated future peak hour flows and address the adequacy of roads/intersections affected by the proposed development.
(2) 
The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Developer's cost =
Total cost of
the off-tract X
improvement
Future peak-hour traffic
generated by the
(%) future additional
peak-hour traffic
C. 
Drainage improvements. For 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 relocation or replacement of other storm drainage facility or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(1) 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service United States Department of Agriculture (USDA), January 1975 as amended, 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 prorated share for the proposed improvement shall be computed as follows:
Total enlargement or
improvement cost
of drainage facilities
Developer's cost
=
Total tributary cfs
Development cfs
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, Recreation improvements, added 11-9-2005 by Ord. No. 0-05-12, was repealed 3-10-2010 by Ord. No. 0-10-04.
Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the Township in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.
In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Township Engineer in order to determine pro rata costs.