A. 
Any subdivision or site plan requiring off-tract improvements, as defined herein, shall comply with the provisions of this article of this chapter.
B. 
An off-tract improvement shall be one or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where said improvements are located off-tract.
C. 
An off-tract improvement shall be required where either the existing facilities serving the area or subarea are already operating at a deficient level of service or where the inclusion of a new development will make such present levels of service deficient according to engineering standards utilized in determining such levels of service.
D. 
The proportionate contribution of any such off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.
E. 
Under the conditions of this chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater 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 factors which are directly related to the property or properties in question.
F. 
Off-tract improvements shall not include the installment costs for an entire utility system or street system or major segment thereof, including sewage treatment plants or water supply or treatment facilities or other similar undertaking, unless said improvement is significantly affected by the property or properties in question.
A. 
Each subdivision or site plan requiring approving authority action shall be subject to a determination and findings as follows:
(1) 
That certain off-tract improvements are or are not necessary to implement such subdivision or site plan.
(2) 
That, in instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the applicant shall ensure the successful and reasonable implementation of the same.
B. 
Regulations governing off-tract improvements shall be based upon circulation and comprehensive utility plans pursuant to the adopted Master Plan by the Mendham Planning Board or adopted utility or circulation plans of Mendham or other governmental or utility authority.
C. 
In the event that the approving authority determines that one or more improvements constitute an off-tract improvement, the approving authority, by resolution, shall notify the governing body of the same, specifying the authority's recommendation relative to the estimated cost of the same, the owner or developer's pro rata share of the cost and possible methods or means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
D. 
Where an applicant pays the amount determined as the pro rata share under protest, he or she shall institute legal action 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.
E. 
The approving authority shall not take any final action on a 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 approving authority.
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 procedure and requirements as specified in Article XII.
Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the approving authority, said agreement shall be in accordance with the provisions as provided herein. Said agreement may specify the amount of cash contributions, if any, the method of payment and the obligation or obligations to be undertaken by the Borough.
Cash contributions for off-tract improvements shall not be required under the following terms or conditions:
A. 
Where other county or state agencies or utility authority 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 Mendham.
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 Mendham.
D. 
Where the proportionate increase to the present system constitutes less than 5% of the system or system's capabilities.
A. 
Where a cash contribution is required, said contribution will be deposited with the Treasurer of Mendham Borough with transmittal letters forwarded to the governing body, the Borough Engineer and the approving authority.
B. 
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 shall be returned to the owner of record of said properties, provided that the conditions specified in § 195-66 have not been imposed. Where such conditions do exist, funds held in escrow will be returned as soon as practical to the owner of record of said properties.
Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
A. 
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, the construction of new streets and other similar street or traffic improvements, the applicant's proportionate cost 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 capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
B. 
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 use of water from the property or properties in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
C. 
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed development or project. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated 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.
D. 
For stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts and 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 as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak hour flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.