A.
Final approval prerequisites. Prior to the granting of final approval of any subdivision or cluster development and prior to the issuance of any building permits for any land use, including land uses which require site plan approval pursuant to this chapter and any residence or other use of property on an unimproved street or where any off-tract improvements have not been installed, the developer shall pay their pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefore, located outside the property limits of the development but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in Subsection C, below, it being the intent of this subsection that the developer bear that portion of the cost which bears a rational basis to the needs created by the development and/or benefits conferred upon such development.
B.
Improvements required. Off-site and off-tract improvements shall include the following:
(1)
All improvements of the types described in § 215-16.4 for on-site installation, where the need for the providing of such improvements off site or off tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.
(2)
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in this chapter and referred to in Subsection B(1) above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
(3)
The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application which will be benefited by the improvement.
C.
Developer's share of cost for improvements not installed by them. In the event that the developer shall not be required to install off-site or off-tract improvements by virtue of the provisions of this chapter, then and in that event, there shall be paid to the Township Treasurer the amount of the developer's share of the finally determined cost of the off-site or off-tract improvement. All moneys received by the Township in accordance with the provisions of this subsection 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 within a period of 10 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.
D.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements are necessitated by the proposed development and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required, at their sole expense and as a condition of approval, to provide and install such improvements.
(2)
Proportionate allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the allocation formulas shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
(3)
Predetermined allocation. In some cases, where the nature of the improvement makes it difficult to determine the extent of cost of the improvement or its allocation to a specific project, the Township Committee may enact by ordinance specific predetermined assessments.