Prior to final approval of a subdivision or site plan, the applicant shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements, or, at the applicant's option and with the consent of the Township, the applicant shall have constructed any required off-tract improvement.
A. 
Decision to construct. The Planning Board shall recommend to the Township Council when it believes that off-tract improvements are required because of a pending subdivision application. The Planning Board shall forward to the Township Council, together with its recommendation, an estimate of the cost of the off-tract improvements and the amount by which all properties to be serviced thereby, including the applicant's property, shall be benefited therefrom.
B. 
Estimate of cost and benefits. If the Township Council concurs in the recommendation of the Planning Board, it shall notify the Planning Board of its approval of the recommendation and the Planning Board shall then, with the aid of the Township Engineer and such other persons as have pertinent information or expertise, calculate:
(1) 
The cost of the improvement; and
(2) 
The amount by which all properties to be serviced thereby, including the subdivider's property, will be specially benefited therefrom.
C. 
Manner of construction. When those estimates are received, the Township Council shall then decide whether the off-tract improvement is to be constructed by:
(1) 
The Township as a general improvement;
(2) 
The Township as a local improvement; or
(3) 
The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision, subject to agreement of the applicant to install the improvement.
In determining benefits conferred on properties specially benefited by an off-tract improvement, the following formula shall, subject to adjustment for peculiar or exceptional conditions, be used:
A. 
The development shall be allocated that percentage of 100 computed by dividing the development land area by the total land area benefited by the off-tract improvement.
B. 
The development shall be allotted that percentage of 100 computed by dividing the maximum potential intensity use of the development by the maximum potential intensity of use under existing zoning limitations in the total land area benefited by the off-tract improvement. In the case of subdivision, an estimated number of lots may be used. In the case of site plans, estimated building floor area may be used.
C. 
In the case of linear improvements, i.e., roads, curbing, sidewalks, pipes, drains, sewers, drainage easements, etc., the development shall be allotted that percentage of 100 computed by dividing the distance, measured along the course of the off-tract improvement, from the connecting facility to the farthest abutting point of the development by the sum of the distances of all intervening properties, including the applicant's, abutting the off-tract improvement similarly measured.
D. 
The sum of Subsections A and B (and C if applicable) shall be divided by two (or three if Subsection C is included), to arrive at the percentage which, subject to discretionary adjustment as above stated, shall be the percentage of the total cost of the off-tract improvements which shall be apportioned to the applicant.
[Amended 7-22-1993 by Ord. No. 531-93]
A. 
The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned.
B. 
In the event that the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof.
C. 
In the event that the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
D. 
Where a developer pays the amount determined as his pro rata 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 the fairness and reasonableness to such amount.
Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township Treasurer pertaining thereto. The applicant or his successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.
A. 
Credit for work performed. In the event that the applicant, with the Township's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement, or portion thereof, constructed by the Township in the same manner as if the applicant had deposited its apportioned cost with the Township Treasurer, as provided herein.
B. 
Installation of improvements by applicant.
(1) 
The Township may enter into a contract with the applicant, providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.
(2) 
The portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.