To the fullest extent permitted by New Jersey law, presently or as may be amended and supplemented from time to time, and whenever the Borough can fairly and reasonably establish, based upon appropriate traffic and utility service analyses, plans or studies and open space or park improvement plans, the proportionate or pro rata amount of the cost of the aforementioned facilities that shall be borne by each developer or owner within a related and common area as provided for herein, the developer or owner shall pay said cost as a condition of approval up to the following amounts:

The foregoing amounts shall apply to each square foot of lot coverage only and shall not be required for additions to existing owner-occupied residential dwellings unless said addition increases the total square footage of lot coverage by the dwelling by more than 50%.

Where a developer or owner pays under protest the amount determined to be his/her/its pro rata share as provided for herein, he/she/it shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

The provisions of this article notwithstanding, nothing herein shall prevent a developer or owner from voluntarily agreeing to pay, and the Borough agreeing to accept, an amount, either by way of direct contribution or in-kind services, that the developer or owner agrees reflects the pro rata or proportionate share of the cost of providing reasonable and necessary off-tract improvements or facilities required by the construction or improvements to be approved pursuant to a respective development application. In such a case, the Borough and developer or owner may enter into a developer's agreement that provides for said direct payment or in-kind services in lieu of any contribution provided for pursuant to the provisions of this article. In addition, the Borough may waive the requirements of this article for any duly authorized redevelopment project.