Where upon agreement with the applicant or developer, it is determined that the dedication of all or any portion of the land area required for recreational purposes is not feasible under the criteria set forth in this Article, the Township shall require the applicant or developer to pay a fee in-lieu-of dedication of any such land or to construct recreational facilities in-lieu-of recreation land dedication to the Township as follows:
A. The calculation of the fee in lieu of dedication shall be set forth in a resolution and shall bear a reasonable relationship to the use of the park and recreation facilities by future residents.
B. Limitations on Use of Fees.
(1) Any recreation fees collected under this Section shall be placed within an interest-bearing “Recreation Fee Account” which shall function as a capital reserve fund and shall be accounted for separately from other Township funds.
(2) All fees and interest within the recreation fee account shall only be used for acquisition of recreation land, development of and capital improvement to public recreation facilities, landscaping of recreation land, engineering, legal, planning, architecture, landscape architecture, and the payment of debt directly resulting from such expenditures. Such fees specifically shall not be used for maintenance, routine repairs, operating expenses or recreational programs.
(3) Fees required under this Section shall be paid prior to the recording of the applicable final plan.
(4) If such fees are paid in installments or prior to the issuance of each building permit, then for the purpose of determining limits for the time within such funds are required to be expended under State Law, such time limit shall begin when the total fees related to the final approval are paid in full, and not from the date of payment of any portion of such fees. Upon request, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township has failed to utilize the fee paid for the purposes set forth in this Section within 3 years.
(Ord. 163, passed 2-28-2012; Ord. 172, passed 6-24-2014, § 2)