A. 
The Board shall require the applicant as a condition of final approval, at the applicant's expense, to provide for and construct off-tract improvements which are directly caused and necessitated by the proposed development or subdivision and where no other properties receive a special benefit thereby.
B. 
The requirements of and procedures for performance and maintenance guarantees shall be the same as for on-tract improvements set out in §§ 470-29 through 470-34.
A. 
Where the need for off-tract improvements is directly caused and necessitated by the development of the applicant's property, and other properties will benefit by the improvements, the Planning Board shall advise the Township Council of the required improvements.
(1) 
The Township Council shall thereupon determine:
(a) 
Whether the improvements shall be constructed by the Township as a general improvement or as a local improvement.
(b) 
Whether the improvement shall be constructed by the applicant with a provision for partial reimbursement where the improvement specially benefits properties other than that of the applicant.
(2) 
The Township Council shall advise the Planning Board of its determination, and the Planning Board with the aid of the Township Engineer and other relevant officials shall estimate:
(a) 
The cost of the improvements; and
(b) 
The amount by which all properties to be serviced thereby, including that of the applicant, will be specially benefited therefrom.
(3) 
If the Township Council determines to construct the improvements as a general improvement, the applicant shall be liable for an amount equal to the difference between the estimated cost of the improvement and the estimated amount by which all properties, including that of the applicant, will be specially benefited by the improvement.
(4) 
If the Township Council determines to construct the improvements as a local improvement, the applicant shall be liable, in addition to the amount stated in Subsection A(3), for the estimated amount by which the applicant's property shall be specially benefited.
(5) 
If the Township Council determines that the applicant must construct the improvements, the applicant shall be liable for the amount stated in Subsection A(3), together with the estimated amount by which the applicant's property shall be specially benefited; provided that the applicant shall be reimbursed by the Township for the amount of any special assessments against property other than the applicant's when the special assessment against the other properties are received by the Township.
(6) 
The Township Council shall adopt such ordinances as are necessary to legally implement the Council's determination in regard to the provisions of Subsections A(4) and (5).
B. 
Deposits and guarantees.
(1) 
The following determination by the Township Council, the developer shall be required to provide as a condition for approval, a deposit or performance guarantee as provided hereafter:
(a) 
If the improvements are to be constructed pursuant to Subsection A(5), the applicant shall provide performance and maintenance guarantees using the same procedures as set out in §§ 470-29 through 470-34.
(b) 
If the improvements are to be constructed by the Township as a general improvement, the applicant shall deposit, in cash, with the Township Treasurer, the amount of the estimated liability under Subsection A(3).
(c) 
If the improvements are to be constructed by the Township as a local improvement, the applicant shall deposit, in cash, with the Township Treasurer, the amount of the estimated liability under Subsection A(4).
(2) 
All monies paid by a subdivision or developer as a deposit shall be paid over to the Township Treasurer who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
(3) 
Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this section, the subdivider's or developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of improvements. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the subdivider or developer. In cases where the improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Township Engineer.
Where a developer pays the amount determined as his share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to fairness and reasonableness of such amount.