[Added 10-19-1981 by Ord. No. 81-11]
A. 
The Planning Board shall require, as a condition of preliminary subdivision or site plan approvals, that the developer pay its pro rata share of the costs of providing only necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development, including acquisition of any necessary properties or easements by way of eminent domain or otherwise, and all costs attendant thereto, such as but not limited to eminent domain award, damages, counsel fees, condemnation Commissioner's costs, etc. Such contribution for a developer's pro rata share shall be based on circulation and comprehensive utility service plans pursuant to the Municipal Master Plan.
B. 
Each subdivision or site plan requiring authorization by the Planning Board shall be subject to a determination and findings that certain off-tract improvements are or are not necessary to implement the subdivision or site plan.
The following shall be utilized as a guide to aid in determining whether an off-tract improvement is necessary:
A. 
An off-tract improvement shall be required where either the existing facilities serving the area are already operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.
B. 
Off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and all necessary appurtenances thereto and utility easements, and to new or improved street and right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property or properties in question. Also included is acquisition of any necessary properties or easements by way of eminent domain or otherwise and all costs attendant thereto, such as but not limited to eminent domain award, damages, counsel fees, condemnation Commissioner's costs. Off-tract improvements shall not include the improvement costs for an entire utility system or street system or major segment thereof, including sewage treatment plants, water supply or treatment facilities or substantial street construction or improvements or other similar undertaking, unless said improvement is significantly affected by the property or properties in question.
A. 
In the event that the Planning Board determines that one or more improvements constitute an off-tract improvement, the Planning Board, by resolution, shall notify the governing body of same specifying the authority's recommendation relative to the estimated cost of same, the owner or developer's pro rata share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance and other forms of surety.
B. 
The governing body, with the assistance of the Planning Board and other appropriate Township departments, shall, prior to the imposition of any conditions on a development application, determine whether the off-tract improvement is to be constructed by the Township as a general improvement or as a local improvement or whether the developer, where legally permissive, can undertake the improvements in lieu of the municipality with a formula providing for partial reimbursement if the improvement specially benefits properties other than those of the developer.
C. 
Action by a Planning Board relating to off-tract improvements shall be deferred until the governing body has had an opportunity to review the recommendations of the Planning Board and has made a determination as to the responsibility it shall accept. It is clearly understood that the Township of Washington is under no responsibility to construct, install or provide off-tract improvements to accommodate subdivision or site plan approval.
D. 
The Planning Board shall not take final action on preliminary subdivision or site plan until all aspects of such conditions have been mutually agreed to by both the applicant and the governing body and a written resolution to that effect by the governing body has been transmitted to the Planning Board.
A. 
Once the foregoing determination has been made, the Planning Board shall estimate, with the aid of the Township 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 developer's property, will be specially benefited therefrom.
B. 
Following the aforesaid determinations by the Planning Board, the developer may be required to provide, as a condition for approval, a bond or cash deposit. Where a performance or maintenance guaranty or other surety is required concerning an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as set forth in Articles XIV and XV.
C. 
The amount of payment shall be determined as follows:
(1) 
If the improvement is to be constructed by the Township 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 Township as a local improvement, then, in addition to the above, the estimated amount by which the developer's property will be specially benefited by the improvement.
(3) 
If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement.
D. 
The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the Township 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 a judicial determination as to the fairness and reasonableness of such amount.
F. 
A development agreement is required governing off-tract improvements or other conditions as may be required. Said agreement shall be prepared by the Municipal Attorney at a cost not to exceed the sum of $500 to be paid by the developer. Said agreement may specify the amount of any cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township of Washington.
Cash contributions for off-tract improvements shall not be required under any of the following terms or conditions:
A. 
Where other county or state agencies or utility authority have jurisdiction over the subject improvement and require a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Township of Washington.
B. 
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. 
Where the applicant, where legally permissive, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the Township of Washington.
Where a cash contribution is required, said contribution will be deposited with the Chief Financial Officer of the Township of Washington with transmittal letters forwarded to the governing body, the Township Engineer and the approving authority. Any and all moneys received by the Chief Financial Officer 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 said properties, provided that the conditions specified in § 540-105 have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of said properties.