[Added 7-13-1987 by Ord. No. 383]
In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the appropriate Board may require the applicant, as a condition of subdivision approval and at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
A. 
In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the appropriate Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the appropriate Board in writing. Said resolution or determination of the appropriate Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the appropriate Board shall be guided by the rules and regulations specified in this chapter and the Borough Master Plan. The appropriate Board may also be guided by counsel from the appropriate Board attorney, engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.
B. 
In the event that the appropriate Board determines that one or more improvements constitute an off-tract improvement, the appropriate Board shall notify the Mayor and Council and specify the Board's recommendation relative to the estimated total cost, the applicant's prorated share of the cost and possible methods or means of implementation, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
C. 
The appropriate Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed upon by both the applicant and the Mayor and Council of the Borough of Woodstown and a written resolution to that effect by the Mayor and Council has been transmitted to the appropriate Board.
A. 
Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
B. 
Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the appropriate Board, said agreement shall be approved as to form, sufficiency and execution by the appropriate Board attorney and Borough Attorney. Said agreement shall specify the method of payment of cash contributions, if any, the method of payment of the same, the relative timing of such payment and the obligation or obligations to be undertaken by the Borough of Woodstown.
C. 
Cash contributions for off-tract improvements shall not be required under the following conditions:
(1) 
Where a county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Borough of Woodstown.
(2) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided.
(3) 
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the Borough of Woodstown.
D. 
Where a cash contribution is required by this chapter, said contribution shall be deposited with the Treasurer of the Borough of Woodstown with a copy of the applicant's transmittal letter forwarded to the Mayor and Council, the Borough Engineer and the appropriate Board. Any and all moneys received by the Treasurer 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 may be retained by the Borough of Woodstown and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators or grantees shall be liable to the Borough of Woodstown for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.
A. 
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(1) 
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements, the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(2) 
For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons from the proposed development to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
(3) 
For stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff from the proposed project to the sum of present deficient capacity in the existing system to the estimated peak surface runoff from the proposed project. The ratio thus calculated shall be increased by 10% for contingencies. All calculations for surface runoff shall be based on a one-hundred-year storm subsequent to development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way and off-tract improvements deemed to be necessary by the appropriate Board.
B. 
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the appropriate Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.