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.
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.