A. 
Compliance. Any subdivision or site plan requiring off-tract improvements, as defined herein, shall comply with the provisions of this section.
B. 
Defined. 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 such improvements are located off-tract.
C. 
When required. 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 where the inclusion of a new development will make such present levels of service deficient, according to engineering standards utilized in determining such levels of service.
D. 
Contribution. 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. 
Type of improvements. Under the conditions of this Part 2, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater drainage distribution facilities and all necessary appurtenances thereto, utility easements, new or improved streets, right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic factors which are directly related to the property or properties in question.
A. 
Considerations. Each subdivision or site plan requiring Planning Board action shall be subject to a determination and finding as follows:
(1) 
That certain off-tract improvements are or are not necessary to implement such subdivision or site plan.
(2) 
That, 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 same.
B. 
Standard of regulations. Regulations governing off-tract improvements shall be based upon circulation and comprehensive utility plans pursuant to the adopted Master Plan by the Planning Board or adopted utility or circulation plans of the Township of Chester or other governmental or utility authority.
C. 
Procedure to require. In the event that the Planning Board determines that one or more improvements require off-tract improvement, the Planning Board, by resolution, shall notify the Township Council of the same, specifying the Board's recommendation relative to the estimated cost of the same, the owner or developer's pro rata share of the cost and possible methods or means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
D. 
Payment under protest. Where an applicant pays the amount determined as the pro rata share under protest, he/she or she 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.
E. 
Limitation of action. The Planning Board shall not take any final action on a preliminary subdivision or site plan until all aspects of such conditions have been mutually agreed to by both the applicant and the Township Council and a written resolution to that effect by the Township Council has been transmitted to the Planning Board.
Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified in Article 12 of this Part 2 (§§ 113-92 et seq.).
Where a development agreement is required governing off-tract improvements or other conditions, as may be required by this Part 2 or by the Planning Board, such agreement shall be in accordance with the provisions provided herein. Such agreement may specify the amount of cash contributions, if any, the method of payment and the obligation or obligations to be undertaken by the Township.
Cash contributions for off-tract improvements shall not be required under the following terms or conditions:
A. 
Jurisdiction by others. Where other county or state agencies or utility authority has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by Chester Township.
B. 
Special assessment. Where a benefit assessment or other similar tax levy is imposed upon the applicant and other landowners similarly situated within a designated service area for the off-tract improvements provided.
C. 
Installation by applicant. Where the applicant, if legally permitted, can undertake the improvements in lieu of the Township, subject to standards and to other conditions as may be imposed by the Township.
D. 
Increase less than 5%. Where the proportionate increase to the present system constitutes less than 5% of the system's capabilities.
A. 
Where deposited. Where a cash contribution is required, such contribution shall be deposited with the Treasurer of Chester Township, with transmittal letters forwarded to the Township Council, the Township Engineer and the Planning Board.
B. 
Escrow account. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the owner of record of such properties, provided that the conditions specified in § 113-99 do not exist. Where such conditions do exist, funds held in escrow will be returned as soon as practical to the owner of record of such properties.
Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
A. 
Streets. For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the applicant's proportionate cost shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
B. 
Water. For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
C. 
Sanitary sewage. For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed development or project. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated flow rate from the proposed development, in gallons per minute, to the sum of the 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.
D. 
Stormwater and drainage. For stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak hour flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.