[Amended 12-28-2000 by Ord. No. 34-2000]
In the case where the need for off-tract improvements, such as street, water, sewer or drainage improvements and easements therefor, is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby, the Planning Board may require the developer, as a condition of approval, at the developer's expense, to provide for and construct such off-tract improvements, including the acquisition of land and/or easements, which are needed for the purpose of the off-tract improvements.
[Amended 12-28-2000 by Ord. No. 34-2000]
A. 
In cases where the need for any off-tract improvement or development is created by the proposed subdivision and where the Planning Board determines that properties outside the subdivision or development will also be benefited by the improvement, the Planning Board shall provide the Township Council with a description of the off-tract improvements and the estimated cost thereof and request the Township Council to determine and advise the Planning Board whether:
(1) 
The required off-tract improvements are to be constructed or installed by the Township:
(a) 
As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the developer; or
(b) 
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter otherwise provided as a contribution thereto by the developer.
(2) 
The improvement or improvements are to be constructed or installed by the developer under a formula for partial reimbursement as hereinafter set forth.
B. 
If the Township Council shall determine that the improvements shall be constructed or installed under Subsection A(1)(a) of this section as a general improvement, the Planning Board shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed subdivision or development, will be specially benefited thereby, and the developer shall be liable to the Township for such excess.
C. 
If the Township Council shall determine that the improvements shall be constructed or installed under Subsection A(1)(b) of this section as a local improvement, the Planning Board shall estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the developer shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the developer with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the developer for any excess of the total cost over the total benefits conferred, as set forth above.
D. 
If the Township Council shall determine that the improvements are to be constructed or installed by the developer under Subsection A(2) above, the Planning Board shall in like manner estimate the amount of such excess, and the developer shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements; however, the developer shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
As a condition for approval of the subdivision or development, the subdivider shall be required to pay or to include in the performance guaranty required by § 610-27 hereof the amount of his pro rata share of costs as determined above. Where the applicant pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
In determining a fair and equitable or pro rata share of the costs of off-tract improvements, the Planning Board shall be guided by the above provisions and by the following guidelines or standards:
A. 
The subdivider can be compelled to bear only that portion of the construction cost which bears a rational nexus or relationship to the needs created by and the benefits conferred upon the applicant.
B. 
In allocating to a subdivision or development the pro rata share of the costs for off-tract excess capacity improvements, the following standards of measurement, where applicable, shall be employed:
(1) 
The relative or pro rata share of the lineal footage or capacity of water or sewer mains or similar utility lines to be constructed.
(2) 
The relative length of the frontages of the properties benefited.
(3) 
The relative populations or potential populations of the areas involved or to be served by the improvements.
(4) 
The pro rata share of the estimated cost of the increased sewage flow and/or increased volume and velocity of stormwater runoff caused by the subdivision or development.
(5) 
The relative numbers of dwelling units to be served.
(6) 
In the case of a traffic light or similar street improvement, the pro rata share of the average traffic volumes or total volumes.