Prior to final approval of a subdivision or site plan, the applicant shall have made cash payment in the manner provided for below, with respect to the installation of any required off tract improvements, or at the applicant's option and with the consent by majority vote of the Borough Council, the applicant shall have constructed any required off-tract improvement.
The Planning Board shall recommend to the Borough Council when it believes that off-tract improvements are required because of a pending subdivision application. The Planning Board shall forward to the Borough Council, together with its recommendation, an estimate of the cost of the off-tract improvements and the amount by which all properties to be serviced thereby, including the applicant's property, shall be benefited therefrom.
If the Borough Council concurs in the recommendation of the Planning Board, it shall notify the Planning Board of its approval of the recommendation made by said Board, and the Planning Board shall then, with the aid of the Borough Engineer and such other persons as may have necessary information or expertise, calculate:
A. 
The estimated cost of the improvements; and
B. 
The amount by which all properties to be serviced thereby, including the subdivider's property, will be specially benefited therefrom.
When the estimates provided for in § 209-18 above is received, the Borough Council shall then decide whether the off-tract improvement is to be constructed by:
A. 
The Borough as a general improvement;
B. 
The Borough as a local improvement; or
C. 
The applicant, under a formula providing for partial reimbursement by the Borough for benefits to properties other than the subdivision, subject to the requirement of the applicant to install the improvement.
A. 
Method of determination of special benefits. In determining benefits conferred on properties specially benefited by an off-tract improvement, the following formula, subject to adjustment for peculiar or exceptional conditions shall be used.
B. 
Allocation of percentage. Any development shall be allocated that percentage of 100% computed by dividing the development land area by the total land areas benefited by the off-tract improvement.
C. 
Development allocation. The development shall be allocated that percentage of 100% computed by dividing the maximum potential intensity use of the development by the maximum potential intensity use under existing zoning limitations to the total land benefited by the off-tract improvement. In the case of a subdivision, an estimated number of lots may be used. In the case of site plans, the estimated building floor area may be used.
D. 
Linear improvements. In the case of linear improvements, such as roads, curbing, sidewalks, pipes, drains, sewage, drainage easements and other such improvements, the development shall be allocated that percentage of 100% computed by dividing the distance measured along the course of the off-tract improvement from the connecting facility to the farthest abutting point of the development by the sum of the distances of all intervening properties, including the applicants. Those improvements which abut the off-tract improvement shall be measured in a like manner.
E. 
Averaging method. The sum of Subsections A, B, C, and D, if applicable, shall be divided by two or three if Subsection D is included to arrive at the percentage which, subject to discretionary adjustment as above indicated by the Mayor and Council, shall be the percentage of the total cost of the off-tract improvements which shall be in portion to a given applicant.
A. 
Deposit for allocated costs. The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Borough CFO, who shall provide a suitable depository therefor, and such funds shall be solely used for the purpose of installation of the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of 10 years from the date of the payment. In the event that the improvements are not installed within said time period, the funds so deposited shall be returned, together with accumulated interest or other income thereon, if any, to the person, individual corporation or entity providing said funds.
B. 
Cost in excess of deposit. In the event that the payment by the applicant to the Borough CFO provided for hereinabove is less that the applicant's share of the actual cost of the off-tract improvements, then the applicant shall be required to pay its proportionate share of the cost of the improvement in excess of the estimate after deducting any interest earned on the deposit.
C. 
Excess payments. In the event that the payment by the applicant to the Borough CFO provided for above is greater that the developer's proportionate share of the actual cost of the installation of the off-tract improvement, the developer or his successor or assigns shall be repaid an amount equal to the difference between the deposit and the developers share of the actual cost.
D. 
Time limitation for commencing action. Where a developer pays the amount determined as his pro-rata share under protest, he shall institute any action to recover the payment or any portion hereof within one year of the deposit of the payment. Unless action is commenced within one year of the payment, the developer shall be conclusively presumed to have waived his right to a judicial determination as to the fairness and reasonableness of such amount.
Upon receipt from the applicant/developer of his allocated share of the costs of the off-tract improvements, the Borough may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvement, based on the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant/developer may be assessed against benefiting property owners by the Borough. Any assessments for benefits conferred made against the developer of his successors in interest shall be first offset by a pro-rata share credit of the allocated costs previously deposited with the Borough CFO for that purpose. The applicant/developer or his successors in interest shall not be liable for any part of and assessment for such improvements unless the assessment exceeds his pro-rata share credit for the deposit and then only to the extent that there is a deficiency after application of the credit.
A. 
Credit for work performed. In the event that the applicant, with the Borough's consent, which shall be given by resolution by Mayor and Council, decides to install and construct the off-tract improvements or any portion thereof, the certified costs shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Borough in the same manner as if the applicant had deposited his apportioned cost with the Borough CFO as provided herein.
B. 
Installation of improvements by applicant.
(1) 
Contract with applicant. The Borough may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Borough of the remaining unallocated portion of the cost of the off-tract improvement.
(2) 
Benefit assessment. The portion contributed by the Borough shall be subject to possible certification and assessment as a local improvement against the property owners upon passage of a benefit assessment ordinance in the manner provided by law when such benefit assessment is applicable.