§ 165-76. Off-site and off-tract improvements.

Before final approval, the approving authority may require the payment of the developer's pro-rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.

A. 

Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.

(1) 

Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.

(2) 

Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and governing body.

(3) 

Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.

(4) 

Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice to a future application at such time as the conditions no longer apply.

B. 

Advisable off-site and off-tract improvements. Where the approving authority determines that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefited thereby, including the property of the developer, the following provisions shall apply:

(1) 

During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.

(2) 

If the governing body concurs, the Municipal Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:

(a) 

The needs created by the applicant's proposed development.

(b) 

The then-existing needs in the area notwithstanding any work of the applicant.

(3) 

The Municipal Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.

(4) 

Based upon the above report and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.

(5) 

If the governing body will not adopt such ordinance, the final development shall be designed accordingly and the approving authority shall proceed on that basis.

(6) 

If the determination shall be to adopt such local improvements ordinance, the governing body shall proceed in the following manner:

(a) 

If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.

(b) 

If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.

[1] 

The amount determined by the governing body shall then be deposited by the applicant with the Borough Treasure prior to final approval and prior to introduction of such local improvement ordinance.

[2] 

Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough with other funds of the Borough toward the accomplishment of such purposes and may be co-mingled with other appropriated funds, and if not expended by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that, upon completion of the work by the Borough or its contractors, the properties specially benefited by such improvements shall be assessed as provided by law, including the property of applicant; and that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof, and if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit, the amount assessed, and the excess shall be refunded to the applicant without interest.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3] 

Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.

(7) 

The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.