This article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
As a condition of final subdivision or site plan approval, the municipal agency may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary circulation improvements and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly, directly, and substantially related to the development in question. The board shall provide in its resolution of approval the basis of the required improvements. The improvements cost shall include all design, legal, and other related expenses. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the following criteria.
A. 
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, or where neither the Township nor any other government entity has planned or accepted the responsibility for any portion of the cost of the improvement, the applicant may be required at his sole expense and as a condition of approval, to provide and install such improvements.
B. 
Proportionate allocation. Where it is determined that the properties outside the development will also be benefited by the off-tract improvement, or where neither the Township nor any other government entity has planned or accepted the responsibility for any portion of the cost of the improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
Nothing contained herein shall be construed to prevent the municipal agency and the developer from agreeing to use a different method to allocate cost.
The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:
A. 
The Township Engineer or Planner shall provide the applicant with the existing and reasonably anticipated future peak hour flows for the off-tract improvements.
B. 
The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share.
The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation and replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:
A. 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in this chapter, computed by the developer's engineer and approved by the Township Engineer.
B. 
The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Township Engineer.