Article XI Fees, Guaranties, Inspections and Off-Tract Improvements

In addition to the nonrefundable application fees referred to above, each applicant before the Land Use Board shall establish and make the required payments to an escrow account to be maintained by the Township for the purpose of providing sufficient monies to pay the cost of review by professionals engaged by the Land Use Board, including engineering professionals, planning professionals, environmental professionals and traffic professionals.

[Amended 8-23-2005 by Ord. No. O-14-2005]

Upon submitting an application for the development to either the Land Use Board, the applicant shall be required to deposit with the Township Treasurer the sums hereinafter provided and execute an escrow agreement requiring the applicant to pay all necessary and reasonable costs incurred by the Township for technical and professional review by the approving authority. The escrow agreement shall be in a form approved by the Township Committee. The amounts specified below to be placed in escrow are estimates of professional fees only and should not be considered as a minimum or maximum fee which may be required of the applicant to compensate the Township for legal, engineering, planning or other professional services. Said fees must be paid prior to either Board certifying the application as complete; provided, however, that payment of the fee in and of itself shall not be deemed as making the application complete. In the event that the amounts required to be posted by this section are not sufficient to cover the professional charges incurred by the Township of Mantua for such application, then the applicant shall pay the amount required which is over and above the funds previously collected and shall not receive any approvals or other permits from the Township before such fees are paid in full. In the event that the amounts posted as fees shall be in excess of the amount required for all professional review, the excess funds shall be returned to the applicant within 30 days of the issuance of a certificate of occupancy for the project which the application fee covers. The Board Secretary shall periodically advise the Board Chairman of the balance of all escrow accounts and whether additional funds are required as provided for hereinafter. In the event additional funds are required, the Board Chairman or Secretary shall notify the applicant of amounts required as additional fees. In the event that the applicant refuses or fails to make the payments required within 10 days of demand, the Board Chairman shall notify the approving authority. In the event that the additional fees are not paid, the Board may deny the application before it, and no other permits or certificates shall be issued by the Township to the applicant for the applicable project until payment is made in full. In the event that additional fees are required, the applicant shall pay such fees to the Township of Mantua in accordance with the same agreement already entered into or under any additional terms which may be agreed to by the applicant and the approving authority.

Before issuing a construction permit or certificate of occupancy for any element of a project, the applicable code official for the Township of Mantua shall first determine from the Board Secretary whether there are sufficient escrow funds to pay all pending or reasonably anticipated bills attributable for professional review to the particular project. The applicable code officer shall not issue the requested construction permit or certificate of occupancy until the amounts which are due or necessary to provide sufficient funds in escrow to pay such pending or reasonably anticipated bills are paid in full by the applicant.

Fees and escrows. The following is a schedule of fees to be paid by the applicant upon filing the application.[1]

[1]

Editor's Note: The fee schedule is included at the end of this chapter.

Reserved.

Professional fees. The engineering, legal and planning escrows as set forth in the aforesaid provisions are minimum amounts representing an estimate of the anticipated costs for such services based on the hourly rates of the respective professional. The hourly rates to be charged each applicant for the services of such professionals shall be the same as those set forth in the contracts between the Township and said professionals. All legal, engineering and planning review fees set forth under the applications for use and bulk variances, appeals, interpretations and miscellaneous applications are nonrefundable minimums. In all other cases, if the actual cost is less than the minimum, the applicant shall receive a refund of the difference for all development applications; if actual costs for such proposed services exceed the minimum deposits, the applicant shall be responsible to pay to the Township the difference between the actual amount and the amount deposited.

Court reporter. If an applicant desires a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable Board shall be the entire and sole obligation of the applicant or appellant, whichever requests the transcript. The obligation to obtain and pay for such transcript shall be solely that of the applicant or appellant who requests the transcript.

§ 230-88 Guaranties and inspections.

[Amended 12-02-2019 by Ord. No. O-16-2019]

Performance guaranty estimate.

Before recording final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Township Land Use Board may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract improvements;

The developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the municipal engineer, according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2011, c. 217) or N.J.S. 46:26B-1 through N.J.S. 46:26B-8, water mains and related appurtenances, sanitary sewers and related appurtenances including without limitation pump stations, community septic systems, drainage structures and appurtenances including without limitation pipes and stormwater management basins and basin fencing, public improvements of open space, and any grading necessitated by the preceding improvements.

The municipal engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

The developer shall furnish a performance guarantee to include, within an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.

At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.

In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to subparagraph (a) of this paragraph, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the municipal engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The "temporary certificate of occupancy guarantee" shall be released by the municipal engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.

(d)

The developer shall furnish a "safety and stabilization guarantee," in favor of the municipality. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

[1]

Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and

[2]

Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. The municipality shall not provide notice of its intent to claim payment under a "safety and stabilization guarantee" until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.

The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:

$5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.

The municipality shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph.

The municipality shall release a "safety and stabilization guarantee" upon the municipal engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

Maintenance guaranty estimate.

The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to subsection A, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.

The developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).

The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

Bonding and cash requirements.

The performance guaranty shall be made payable and deposited to Mantua Township and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal. The bond or letter of credit to be provided must be issued by an acceptable surety or banking company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.

Unless waived by the Township Committee, 10% of the amount of the approved performance guaranty estimate shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements, and the cash or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements.

The performance guaranty or maintenance guaranty required herein must constitute an unconditional payment obligation of the issuer running solely to the Township. The performance guaranty must provide that it will remain in full force and effect and shall not be terminated until it is released by the Township. The applicant may submit an irrevocable letter of credit as a performance guaranty so long as it provides for an initial one-year term and for its automatic renewal for a period of at least one year at the expiration of its initial term. Such letter of credit will further provide that it will thereafter be automatically renewed by the surety until released by the Township or until the surety provides not more than 90 days' nor less than 60 days' notice by certified mail, return receipt requested, or express mail to the Township Clerk that it wishes to terminate its letter of credit as provided herein. In the event that the surety gives notice that it wishes to terminate its letter of credit, the Township may, at its discretion, draw and call upon the full amount of the guaranty by way of a sight draft executed by the Mayor and Township Solicitor even if the development is still progressing in accordance with the underlying approval. At any time prior to 30 days of expiration or termination of the guaranty, the applicant may submit a replacement surety to the Township pursuant to these provisions in a form acceptable to the Township's Attorney and Engineer to prevent the Township from automatically drawing upon or calling the letter of credit for any remaining improvements. All letters of credit or sureties which can terminate by means other than by release of the Township Committee shall recite the following provisions: "It is a condition of this letter of credit (or other form of guaranty) that it will be deemed to be automatically extended, without amendment, for additional periods of one year from the present or any future expiry date hereof, unless no more than 90 days nor less than 60 days' prior to the then-current expiration date we notify the Township Clerk, in writing, at your address stated above, via certified mail, return receipt requested, or express mail of our intention not to so extend this letter of credit for any additional periods. Such notice will be defined to have been given when sent. However, notwithstanding the foregoing, we do reserve the right to cancel this letter of credit at any time after the stated expiration date of (__________), provided that we notify you in writing, at your address stated above, via certified or express mail no more than 90 days or not less than 60 days' prior to the date of our anticipated cancellation date (such notice will be deemed to have been given when received) of our intention to cancel this letter of credit. Upon your receipt of such cancellation notice and within the remaining period in which this credit is valid and in force you may present your drawing demand hereunder by means of your sight draft(s) drawn on ourselves and accompanied by a typewritten statement on the letterhead of and purportedly signed by the Mayor of Mantua Township and its Township Engineer stating therein 'liability still exists to Mantua Township with respect to Letter of Credit No. (_____). Therefore, demand for payment thereunder is hereby made for an amount equal to that so stated in our attached sight draft(s).'"

The Township Committee shall pass a resolution either approving or adjusting this performance and maintenance guaranty.

Other requirements.

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.

The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C .40:55D-53.4) as of the time of the passage of the resolution.

If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.).

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection A(1)(a), a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the municipal engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection A(1)(a).

The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection A(1)(a). This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection A(1)(a), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.

(8)

If the municipal engineer fails to send or provide the list and report as requested by the obligor pursuant to subsection D(4) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(9)

If the governing body fails to approve or reject the bonded improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection (a) of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(10)

In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a "safety and stabilization guarantee," the municipality may retain cash equal to the amount of the remaining "safety and stabilization guarantee".

(11)

If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.

(12)

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer.

Inspection fee estimate.

The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in subparagraphs (a) and (b) of this paragraph. The developer shall post the inspection fees in escrow in an amount:

Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under subsection A; and

Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under subsection A, which cost shall be determined pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).

For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.

For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.

If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to subsection A, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

In the event that final approval is by stages or sections of development pursuant to subsection a of section 29 of P.L. 1975, c. 291 (C. 40:55D-38), the provisions of this section shall be applied by stage or section.

To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to subsection A, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the municipal engineer.

If the property or any part of same is sold, or otherwise conveyed to a successor Developer prior to the completion and acceptance of all improvements, an Assignment of Developer's Agreement, and new performance, maintenance and all other guarantees shall be required from the new owner or successor Developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor Developer shall file with the building department an application for a permit update to notify the building department of the name and address of the new owner or successor Developer and of all other changes to information previously submitted to the building department. The building department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor Developer has furnished adequate replacement performance, maintenance or other guarantees and Assignment of Developer's Agreement.

Inspection requirements.

In no case shall any paving work be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that the Engineer or a qualified representative may be present at the time the work is to be done.

Streets should not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.

The Township Engineer's office shall be notified prior to each of the following phases of work so that he or a qualified representative may inspect the work:

Road subgrade.

Curb and gutter forms.

Curbs and gutters.

Road paving.

Sidewalk forms.

Sidewalks.

Drainage pipes and other drainage construction.

Street name signs.

Monuments.

Sanitary sewers.

Detention and/or retention basins.

(l)

Topsoil, seeding and planting.

(m)

Underground utilities.

Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.

Any improvement installed without notice for inspection pursuant to Subsection D(4) hereinabove shall constitute just cause for:

Removal of the uninspected improvement;

The payment by the developer of any costs for material testing;

The restoration by the developer of any improvements disturbed during any material testing; and/or

(d)

The issuance of a stop-work order by the Township Engineer pending the resolution of any dispute.

Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Mantua to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

§ 230-89 Provision of park and recreation land and public capital facilities.

An as-built plan and profiles of all utilities and roads (three black-and-white prints plus a Mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.

Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements and any necessary easements therefor, located outside the property limits of the subject premises but necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract improvements.

Improvements to be constructed at the sole expense of the developer. In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Mantua Township or Gloucester County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Mantua Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems of the New Jersey State Department of Environmental Protection and all Mantua Township sewer design standards, including infiltration standards.

Developer's pro rata share:

[1]

The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including but not limited to capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

Total enlargement

or improvement cost

Developer's cost

Total tributary gpd

Development gpd

[2]

If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:

Total project cost

Developer's cost

Total tributary gpd

to new system

Development tributary gpd

[3]

The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

Total cost of

roadway improvement and/or extension

Developer's cost

Future peak-hour traffic

Future peak-hour

traffic generated

by the development

Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:

The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release No. 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:

Total enlargement or

improvement cost

or drainage facilities

Developer's cost

Total tributary cfs

Development cfs

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of Mantua Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Solicitor. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered begun if Mantua Township has taken legal steps to provide for the design and financing of such improvements.

Referral to Township Committee.

Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements, together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.

The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the Planning Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

Implementation of off-tract improvements.

In all cases, developers shall be required to enter into an agreement or agreements with Mantua Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Mantua, Gloucester County and the State of New Jersey and any departments, authorities or agencies thereof.

Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection D, Escrow accounts, hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure; and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, for the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement, as the same may be determined by the Board of Improvement Assessors.

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Mantua, County of Gloucester and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise as a result of any participation fees, connection charges or charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development.

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed.

The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located.

(d)

The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.

Recreation and open space.

[Amended 12-14-1999]

In order to provide for the general welfare of the public, all multifamily unit subdivisions which result in three or more dwelling units shall set aside a percentage of the total area of the subdivision for off-street recreation or play areas. Standards to be used shall be as follows:

Standards for Recreation Areas as Percent of Subdivision Areas
Density Dwelling Units per Gross Acre	Townhouses	Garden Apartments	High Rise Apartments
Less than 3	5%	10%	15%
3 to 10	10%	10%	15%
11 to 20	15%	15%	15%
21 to 40	NA	15%	25%

In all single-family unit developments in zones permitting one-acre lots, 5% of the gross area of the development shall be set aside for recreation and play areas. In all single-family unit developments in zones permitting one-half-acre lots, 7.5% of the gross area of the development shall be set aside for recreation and play areas. In no case may land set aside for active recreation or play area in single-family developments be less than two acres in size.

This land set aside for recreation shall not include easement or right-of-way areas, wetlands as defined by the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) or slope areas with a grade of 20% or more. The location, form and design of such areas shall be approved by the Planning Board.

The area specifically designated for recreational purpose shall be fully usable for that purpose and shall have all improvements as required by this chapter. Whenever possible, recreation sites should be located adjacent to school sites. In the case of large subdivisions, consideration should be given to decentralizing by siting recreation areas throughout the development. The method of preserving such areas for recreational open space, whether by easement, deed restriction, dedication, homeowners' association or other means, shall be approved by the Planning Board.

In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.

Recreational facilities.

The developer shall install as a minimum the following recreational facilities on the land which has been set aside for recreational purposes:

Minimal Recreational Facilities
Dwelling Units	Tot Lots	Multipurpose Fields	Other Recreational Facilities
3 to 25	1	—	—
26 to 100	1	—	1
101 to 150	1	—	2
151 to 200	2	—	3
201 to 250	2	1	3
251 to 300	3	1	3
301 to 350	3	1	4
351 to 400	4	2	4
401 to 450	4	2	5
451 to 500	5	2	5

For developments having over 500 units, add one tot-lot for every 100 units or fraction thereof, add one multipurpose field for every 200 units or fraction thereof and add one other recreational facility for every 150 units or fraction thereof.

Other recreational facilities referred to herein include swimming pools, tennis courts, golf courses, basketball courts, handball courts, ice skating rinks, indoor recreation centers or other facilities that the Planning Board determines to be of equal recreational value to residents of the proposed development. The developer may choose, with the approval of the Planning Board, which of these facilities will be used to fulfill the requirements of the chapter. In all developments restricted to the elderly or marketed primarily for single adults, passive open space or an additional facility from the other recreation facilities category may be chosen by the developer with the approval of the Planning Board to replace tot-lot requirements.

The requirements of this subsection, entitled "Recreation and open space," relating to construction of on-tract recreational facilities on land which has been set aside for recreational purposes may be modified or waived by the Planning Board with the consent of the applicant upon the Planning Board's determination that both the area local to the development and the recreational needs of the Township would be better served by a cash contribution to the Mantua Township Park and Recreation Capital Improvement Fund. The amount of the contribution required pursuant hereto shall be determined by the Planning Board based on the estimated cost of the recreation facilities and equipment that would otherwise be required for the proposed development, which will also take into consideration 75% of the increased value accruing to the developer that will occur by reason of the additional dwelling units the developer will be able to construct by making a contribution to the fund in lieu of constructing on-tract recreation facilities. The amount of the contribution determined by the Planning Board shall be prorated over the total number of dwelling units as shown on the preliminary plan or site plan submitted by the applicant and approved by the Planning Board in the order to determine a per-dwelling-unit amount. In no case, however, shall the amount of contribution per dwelling unit be less than $1,000. Payment of the contribution required pursuant to this subsection shall be made not later than the time of issuance of each building permit for any buildable lot in a major subdivision. The funds shall be deposited in a separate dedicated trust fund of the Township to be designated to be used to offset the cost of parks and recreation capital improvements projects and for the acquisition of real estate for the development of Township parks and recreational facilities.

Fees in lieu of land.

Any applicant may, at the time of preliminary or final residential major subdivision or site plan approval, petition the Planning Board to accept a voluntary contribution of moneys in lieu of land dedication and/or reservation.

Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the Township Committee. The deposit shall be used by the Township for the acquisition of recreation land or for the improvement of existing or proposed recreational facilities that will actually be available to and benefit the persons in said subdivision or land development. In the event that there are no recreational facilities in the immediate vicinity of the subdivision or land development, such deposit may be used for the acquisition and/or improvement of other Township-wide recreational facilities.

The contribution shall be a cash sum in an amount equal to the fair market value of the area of land that would otherwise have been required to be set aside for park and recreational facilities, provided that said sum shall not exceed $500 per dwelling unit.

Payment of the fees in lieu of dedication or reservation of recreation land must be made prior to the issuance of any building permit for the dwelling units to which such payment relates.