In lieu of submitting an open space plan, the applicant for
preliminary site plan approval may request the Planning Board to waive
the requirement for an open space plan because of building design
and site limitation. If, in the opinion of the Planning Board, an
open space plan cannot reasonably be implemented, the applicant shall
be required to pay to the City a sum of $0.50 per gross square foot
for nonresidential development and $500 per dwelling unit for residential
development. These funds shall be dedicated to a special fund for
the purpose of enhancing open public spaces within the City of Trenton
in accordance with an approved budget by the City Council. Such payment
is to be made by the applicant prior to the issuance of a certificate
of occupancy.