Township of Mantua, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Nonrefundable application fees. Each applicant who files an application before the Mantua Township Planning Board or Board of Adjustment shall pay the applicable application fee listed below for such application. The application fee provided for herein shall be nonrefundable and is required for purposes of offsetting the administrative and clerical costs of operating the Planning Board and Board of Adjustment and for costs which may be incurred by the Planning Board or Board of Adjustment in the normal processing of such applications (exclusive of the legal, planning, engineering and other professional services deemed necessary by the Planning Board or Board of Adjustment).
B. 
Creation of escrow accounts.
(1) 
In addition to the nonrefundable application fees referred to above, each applicant before the Planning Board and/or Zoning Board of Adjustment 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 Planning Board and Board of Adjustment, including engineering professionals, planning professionals, environmental professionals and traffic professionals. The requirement that an escrow account be established shall apply regardless of whether the application is to be heard before the Planning Board or the Board of Adjustment.
[Amended 8-23-2005 by Ord. No. O-14-2005]
(2) 
Upon submitting an application for the development to either the Board of Adjustment or Planning 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 Planning Board or Board of Adjustment (as applicable) 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.
(3) 
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 applicable 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.
C. 
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.
D. 
Inspection fee escrow.
(1) 
Prior to the construction of any improvements approved by the Planning Board and/or Zoning Board of Adjustment and prior to final approval of major subdivision or site plan or approval of minor subdivision or minor site plan, the applicant shall deposit and maintain with the Township a fund of not less than 5% of the estimated cost of the required on- and off-site improvements, as determined by the Township Engineer, to cover costs of inspection of improvements. Notwithstanding the above and subject to Subsection D(2) below, the minimum escrow deposit required at any one time shall be $200, and the maximum escrow deposit at any one time shall be $10,000 (the latter not to be considered the maximum that ultimately may be charged for such inspection).
(2) 
If at any time during the inspection of the construction of said improvements it becomes evident that the escrow deposit is or will be insufficient to cover the costs thereof, the applicant shall make such additional deposits in amounts to be determined by the Township Engineer based upon the estimated remaining costs required to properly review and inspect the on- and off-site improvements.
E. 
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.
F. 
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.
A. 
Performance guaranty estimate.
(1) 
No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required improvements have been certified to the Board by the Township Engineer, unless the owner shall have filed with the Township a performance guaranty assuring the installation of said improvements on or before an agreed date as hereinafter provided. As a condition of final approval for any application for development, all applicants shall submit a performance guaranty, and upon completion and approval of the improvements, a two-year maintenance guaranty for all required on-site and off-site improvements. The form and amount of the aforementioned guaranties must meet the satisfaction of the Township Solicitor and Engineer. The bonding requirements set forth herein are mandatory unless expressly waived by the Planning Board by resolution.
(2) 
It is the intention of the Township Committee that nonresidential developments be completed to the full extent required by the Board approval and that residents living in each new section of a development be provided with a lot and/or dwelling unit and tract area that is as complete as possible with respect to the tract, the individual lot and/or dwelling unit improvements and the improvements required for the entire development of which the lot is a part. In order to accomplish this objective and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guaranty to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner. Nonresidential developments shall be improved to the full extent required of the Board's approval.
(3) 
A performance guaranty estimate shall be prepared by the applicant's engineer and submitted to the Township Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The performance and maintenance guaranties shall conform to such approved estimate in the manner calculated below. The Township Committee shall pass a resolution either approving or adjusting this performance and maintenance guaranty.
B. 
Calculation of guaranty.
(1) 
The owner shall present the performance guaranty, in an amount equal to 120% of the approved performance guaranty estimate required above. The guaranty must then receive the approval as to form, amount and execution by the Township Solicitor and Engineer as a condition to approval of the application. No plans will be signed or approval given by the Planning Board or its employees until the required performance guaranty has been approved by the Township Solicitor and Engineer.
(2) 
The Township Solicitor shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and that the matter can be added to the agenda for confirmation and execution.
C. 
Bonding and cash requirements.
(1) 
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.
(2) 
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 ten-percent 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.
(3) 
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).' "
D. 
Inspection and tests.
(1) 
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection. The cost of said inspection shall be the responsibility of the owner, who shall pay to the Township Treasurer an initial sum to be held in escrow equal to 4% of the amount of the estimated costs for the required improvements for payment of the inspection costs. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated 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 reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. The project may be immediately shut down by the Municipal Engineer if sufficient fees for inspections have not been deposited in accordance with this section.
(2) 
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.
(3) 
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.
(4) 
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:
(a) 
Road subgrade.
(b) 
Curb and gutter forms.
(c) 
Curbs and gutters.
(d) 
Road paving.
(e) 
Sidewalk forms.
(f) 
Sidewalks.
(g) 
Drainage pipes and other drainage construction.
(h) 
Street name signs.
(i) 
Monuments.
(j) 
Sanitary sewers.
(k) 
Detention and/or retention basins.
(l) 
Topsoil, seeding and planting.
(m) 
Underground utilities.
(5) 
Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.
(6) 
Any improvement installed without notice for inspection pursuant to Subsection D(4) hereinabove shall constitute just cause for:
(a) 
Removal of the uninspected improvement;
(b) 
The payment by the developer of any costs for material testing;
(c) 
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.
(7) 
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.
(8) 
Upon the completion or substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the Township Committee, in writing, by certified mail in care of the Township Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Township Engineer. Within 45 days of receipt of the notice, the Township Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the Township Committee indicating either approval, partial approval or rejection of such improvements, with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
E. 
Release. Release or partial release of the guaranty shall be taken in accordance with N.J.S.A. 40:55D-53d through j. Based thereon, the Township Committee shall approve, partially approve or reject the improvements and shall adopt a resolution of such action not later than 45 days after the receipt of the list and report of the Municipal Engineer.
(1) 
Where partial approval is granted, the obligor shall be released from the performance guaranty for such improvements except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the performance guaranty posted may be retained to ensure the completion and acceptability of all improvements, and that said 30% may be applied against all improvements regardless of when completed.
(2) 
If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the Township Committee as specified herein, and the same procedures shall again be followed as in the first instance.
F. 
Conditions and acceptance of improvements. The approval of any application for development and release of guaranty by the Township shall in no way be construed as acceptance of any street or drainage system or any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1) 
The Township Engineer shall have certified, in writing, that the improvements are completed and that they comply with the requirements of this chapter.
(2) 
The final application for development shall have been approved by the Board.
(3) 
The owner shall have filed with the Township Committee a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years from final acceptance of the improvement. The procedures and requirements for acceptance and release governing such maintenance guaranty shall be identical to the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the Township Committee by resolution at its discretion if it appears that such a maintenance guaranty is unnecessary given the site improvements at issue or if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner.
(4) 
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.
A. 
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.
B. 
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.
C. 
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:
(1) 
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:
(a) 
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.
(b) 
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.
(2) 
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:
(a) 
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.
(b) 
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
(3) 
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:
(a) 
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.
(b) 
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
D. 
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.
E. 
Referral to Township Committee.
(1) 
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.
(2) 
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.
F. 
Implementation of off-tract improvements.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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:
(a) 
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development.
(b) 
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed.
(c) 
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.
G. 
Recreation and open space.
[Amended 12-14-1999]
(1) 
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%
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.
(6) 
Recreational facilities.
(a) 
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
(b) 
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.
(c) 
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.
(7) 
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.
H. 
Fees in lieu of land.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
The Planning Board shall, at its sole discretion, have the authority to accept the offer of payment of fees in lieu of the dedication/reservation of park and recreational facilities, or it may decline the offer and require the dedication/reservation of land.