The following shall be utilized as a guide to aid in determining
whether an off-tract improvement is necessary:
A. An off-tract improvement shall be required where either the existing
facilities serving the area are already operating at a deficient level
of service or the inclusion of a new development will make such present
level of service deficient according to engineering standards utilized
in determining such levels of service.
B. Off-tract improvements shall be limited to new or improved water
distribution, sanitary sewage disposal and distribution and stormwater
and 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,
circulation and safety factors which are directly related to the property
or properties in question. Also included is acquisition of any necessary
properties or easements by way of eminent domain or otherwise and
all costs attendant thereto, such as but not limited to eminent domain
award, damages, counsel fees, condemnation Commissioner's costs. Off-tract
improvements shall not include the improvement costs for an entire
utility system or street system or major segment thereof, including
sewage treatment plants, water supply or treatment facilities or substantial
street construction or improvements or other similar undertaking,
unless said improvement is significantly affected by the property
or properties in question.
Cash contributions for off-tract improvements shall not be required
under any of the following terms or conditions:
A. Where other county or state agencies or utility authority have jurisdiction
over the subject improvement and require a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Township of Washington.
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 the Township of Washington.
Where a cash contribution is required, said contribution will be deposited with the Chief Financial Officer of the Township of Washington with transmittal letters forwarded to the governing body, the Township Engineer and the approving authority. Any and all moneys received by the Chief Financial Officer 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 §
540-105 have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of said properties.