For the purposes of this article, the definition of "off-site" shall also include "off-tract." Prior to the grant of final approval of any major development or the grant of approval of any minor development proposal or prior to the issuance of any building permits for any land use, including any residence or other use of property on an unimproved street, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this article that the developer bear that portion of the cost which bears a rational nexus to the needs created by the development and benefits conferred upon such development.
A. 
Consistent with the provisions of this article, the governing body, with the assistance of the municipal agency and other appropriate Borough departments, shall, prior to the imposition of any conditions on an applicant for the development, determine whether the off-site improvement is to be construed by the Borough as a general improvement or as a local improvement or whether such improvement is to be constructed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the development.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Once the foregoing determination has been made, the municipal agency shall estimate, with the aid of the Borough Engineer and such other persons having pertinent information or expertise, the cost of the improvement and the amount by which all properties to be serviced thereby, including the development property, will be specially benefited therefrom.
C. 
Following the aforesaid determinations by the municipal agency, the developer may be required to provide, as a condition for approval, a bond or cash deposit to insure payment to the Borough of one of the following amounts:
(1) 
If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the developer's property, will be specially benefited by the improvement;
(2) 
If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in Subsection C(1) above, the estimated amount by which the development property will be specifically benefited by the improvement; or
(3) 
If the improvement is to be construction by the applicant, an amount equal to the estimated cost of the improvement.
D. 
The amounts of money required pursuant to this article shall be estimated sums, and such amounts shall be redetermined by the Borough following the completion of the improvement to ensure that the developer shall pay only his appropriate share of the cost thereof.
E. 
Should a developer pay under protest the amount which has been determined as his pro rata share, legal action shall be instituted within one year of such payment in order to preserve the right to judicial determination as to the fairness and reasonableness of such amount.
A. 
The Borough shall assess all properties, other than the property of the applicant, benefiting from the installation of any off-site improvements based upon the actual cost thereof. However, principal amounts received by the Borough from such assessments, together with interest from property owners who have elected to pay for said assessments over a period of years, shall, in the case where the developer is the installer of the off-site improvements, be credited to the real estate account of the developer's property. In the case where there has been an apportionment of cost against the Borough for the required off-site improvements, then the Borough shall pay its portion of the cost to the developer no more than three months after the completed installations have been approved by the Borough Engineer.
B. 
In the event of any default in payment of an assessment levied by the Borough pursuant to Subsection A above, then the Borough shall exercise its remedies elsewhere provided, and if thereafter the balance of principal and interest due upon the subject assessment has not been fully satisfied by the payment to the Borough and credit hereof given to the real estate account of the developer's property, then the Borough shall forthwith pay said balance to the developer or his then successor in interest.
In the event that the developer shall not be required to install off-site improvements by virtue of the provisions of this article, then there shall be paid to the Borough Treasurer the amount of the developer's share of the finally determined cost of the off-site improvement. All moneys received by the Borough in accordance with the provisions of this article shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated for a period of 15 years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.