A. 
Any subdivision requiring off-tract improvements, as defined herein, shall comply with the provisions of this section of this chapter.
B. 
An off-tract improvement shall be one or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare, and where said improvements are located off tract.
C. 
An off-tract improvement shall be required where either the existing facilities serving the area or subarea are already operating at a deficient level of service or the inclusion of the new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.
D. 
The proportionate contribution of any such off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.
E. 
Under the conditions of this chapter, off-tract improvements shall be limited to new or improved water distribution; sanitary sewerage disposal system; stormwater and drainage system and facilities and all necessary appurtenances thereto; all public utilities, including required easements; new or improved street and right-of-way widths; traffic regulation and control devices; intersection improvements; public utility relocation; and improvements required by solutions to traffic, circulation and safety factors which are related to the property or properties being developed.
F. 
Off-tract improvements shall not include the improvement cost for an entire utility system or street system or major segment thereof, including sewerage treatment plants, water supply or treatment facilities or substantial street construction or improvements or other similar undertakings unless said improvements are significantly affected by the property and properties in question or are required for the proper development of such property or properties.
Each subdivision requiring approving authority approval shall be subject to a determination and findings as follows:
A. 
Certain off-tract improvements are or are not necessary to implement such subdivision.
B. 
In instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the applicant shall ensure the successful and reasonable implementation of the requirement.
C. 
In the event that the approving authority determines that one or more improvements constitute an off-tract improvement, the approving authority, by resolution, shall notify the governing body of such determination, specifying the approving authority's recommendation relative to the estimated cost of the improvement, the applicant's pro rata share of the cost, other property owners who may benefit from such off-tract improvement and the approving authority's recommendations concerning how such off-tract improvement can be made, what the municipality's responsibilities should be and what performance or maintenance guaranties, cash contributions, agreements and other forms of surety should be required of the applicant.
D. 
Action by an approving authority relating to off-tract improvements shall be deferred until the governing body has had the opportunity to review the recommendations of the approving authority and has made a determination as to whether the municipality will accept any obligations concerning such off-tract improvement. The municipality shall not be responsible to construct, install or provide off-tract improvements to accommodate the development of an applicant's lands.
E. 
When an applicant pays the amount determined as its pro rata share of the cost of an off-tract improvement under protest, the applicant shall institute legal action within one year of such payment in order to preserve the right of judicial determination as to the fairness and reasonableness of such pro rata share. No building permit shall be issued until the expiration of said one-year period or until such time as the applicant has waived the right to seek such a judicial determination under the provisions of this chapter.
F. 
The approving authority shall not take any final action concerning a preliminary subdivision approval until the applicant and the governing body have entered into an agreement providing for such off-tract improvement and the obligations of the applicant and a copy of the agreement and action of the governing body has been filed with the approving authority.
A. 
Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required concerning an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as set forth in Article VII of this chapter.
B. 
Development agreement. Where a development agreement is required concerning off-tract improvements or other conditions as may be required by this chapter or the approving authority, the developer's agreement shall be made pursuant to § 332-20C of this chapter. The agreement may specify the amount of cash contributions, if any, the method of payment of such contributions, and the time of such payments in relation to any obligations to be undertaken by the municipality.
C. 
Cash contributions.
(1) 
When not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(a) 
Where state or county agencies or a utility authority have jurisdiction over such off-tract improvement and require a cash contribution, guaranty or other surety of the applicant in lieu of such conditions as the municipality may impose.
(b) 
Where a benefit assessment or other similar levy is imposed upon the applicant and other landowners benefited by such off-tract improvement.
(c) 
Where the applicant may legally install such improvements in lieu of the municipality pursuant to standards and conditions imposed by the municipality.
(2) 
Method of payment.
(a) 
Where a cash contribution is required, the contribution shall be deposited with the Municipal Treasurer and proof of deposit filed with the approving authority, governing body and Borough Engineer.
(b) 
All such contributions received by the Municipal Treasurer shall be deposited into an escrow account for the purpose of the specific off-tract improvement. In the event that such improvements are not initiated or provided for within a period of 10 years from the date of such contribution, the contribution shall be returned to the applicant pursuant to the terms of the applicant's agreement with the municipality or, in the event that there is no such agreement, to the owner or owners of the lands being subdivided. In the event that the applicant made a cash contribution and it is later determined that such a contribution should not have been required under the provisions of Subsection C(1), the contribution shall be returned to the applicant upon such determination.
Where an off-tract improvement is required, the following criteria shall be used in determining the applicant's proportionate share of the cost of such improvement:
A. 
Street improvements. New streets; street widening, alignment, correction, channelization of intersections, construction of barriers, new or improved traffic simulization, signs and curbs; street trees and landscaping; utility improvements or relocations; and other similar street or traffic improvements: the applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the development of the applicant's land to the sum of the present deficiency in peak-hour traffic capacity of the present road facilities and the estimated peak-hour traffic generated by the applicant's proposed development. The applicant's calculated proportionate share shall then be increased by 10% for contingencies.
B. 
Sanitary sewer distribution facilities. Sanitary sewer distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation and relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow of effluent (in gallons) from the proposed development of applicant's lands to the sum of the present deficiency in capacity for the existing system or subsystem and the estimated daily flow from the applicant's proposed developed lands. In the case where the peak flow from the proposed development may occur during the peak flow period from the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the estimated present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
C. 
Stormwater and drainage improvements. Stormwater and drainage improvements, including the installation, relocation or replacement of pipes, culverts, catch basins, other appurtenances and retention basins: the applicant's proportionate share shall be determined in the ratio of the estimated peak surface runoff from applicant's developed lands into the existing drainage system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficiency for the existing system and the estimated peak flow from the applicant's lands. The ratio thus calculated shall be increased by 10% for contingencies.