§ 212-31. Payments.

A. 

Where the applicant is to install, the estimated proportionate costs of the off-tract improvements, as allocated to the applicant, shall be paid to the Borough. The funds will be deposited in an interest-bearing account created solely for off-tract improvement moneys. The Borough shall, from time to time, review such account and, where sufficient time has passed to warrant the return of these moneys, it shall rescind all prior approvals and return, with interest, those prior-deposited moneys which have not in whole or part been used because of the failure to proceed with the improvement.

B. 

If it becomes apparent that the applicant has paid either more or less than the actual allocable cost of the improvement, the Borough shall repay or seek payment of the actual difference between the cost and the moneys already paid.

C. 

Where it has been determined that the improvements will be installed as a general or local Borough improvement by the Borough, the financing and payment thereof shall be in accordance with state statutes.

D. 

In all other instances, the Borough may contract with the applicant for both installation and payment to the applicant.The Borough's contribution shall be in an amount and shall be paid pursuant to the terms of the contract. This contract, however, shall in no way relieve the applicant or the Borough from compliance with Planning Board approvals not otherwise legally overruled by the Borough or local, county or state laws.