A. The Planning Board, as part of its development applications, shall determine whether off track improvements, as defined in this chapter, are required for the project under consideration. If off-tract improvements are determined to be necessary, the Planning Board shall further determine whether the impact of the proposed development will required the actual installation of the improvement or a fair share contribution.

B. If a developer is required by the Planning Board or elects on his own to construct an off track improvement, he shall be entitled to reimbursement for the actual cost of the improvement, less the cost of his own pro rata share. Nothing in this chapter, however, shall require the township to fund this reimbursement from its own general funds. Reimbursement shall be made as funds are received in the account from other developers. If the Planning Board determines that an off-tract improvement is not required to be immediately constructed as a result of a particular development, then the developer shall be required to submit his fair share contribution to be calculated as defined in this chapter.

C. Nothing in this chapter shall be construed to require the township to construct any improvement within any specified time. If the township elects to construct an off-tract improvement, the township shall withdraw from the Off-Tract Improvement Fund the amount necessary for design, right-of-way acquisition, construction and inspection of the facility.

D. If a balance remains in any specific improvement account subsequent to the completion of the improvement, any developer who has contributed to the fund for that specific improvement shall be entitled, provided that a petition is made within one year of the completion of the project, to a re in an amount equal to such developer's pro rata share of the remaining balance. Any funds which are not refunded shall be transferred to the remaining accounts within the applicable Off-Tract Improvement Fund and shall be thereinafter non refundable.

E. Whenever an Off-Tract Improvement Fund has been established in accordance with the foregoing and a six-year Capital Improvements Projects Program (CIPP) has been adopted by the Township Council pursuant to N.J.S.A. 40:55D-30, it shall be required that the Township Council annually review its CIPP and identify any projects to be implemented within a twelve-year period of such review and those projects to be deleted from the CIPP. All funds for projects deleted from the CIPP and those projects not projected for commencement within 12 years of the date of such review shall be promptly returned to the contributor(s) thereof. All other funds shall be retained for future CIPP expenditure.