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 final subdivision or site
plan approval, the Planning Board may require an applicant to pay
his/her pro rata share of the cost of providing reasonable and necessary
circulation improvements, and water, sewerage, and drainage facilities,
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, directly,
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 proportionate or pro rata amount of the
cost of such facilities within a related or common area shall be based
on the following criteria.
The cost of an improvement shall be construed
to encompass all costs including, but not limited to, planning, feasibility
studies, surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
Where the proposed off-tract improvement is
to be undertaken at a future date, the monies required for the improvement
shall be deposited in an interest-bearing account to the credit of
the Borough in a separate account until such time as the improvement
is constructed. If the off-tract improvement is not begun within the
period from the time of deposit as specified by law, all monies and
interest shall be returned to the applicant.