Before recording of final subdivision plat or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection N.J.S.A. 40:55D-65d, the Planning Board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract and off-tract improvements:
A. 
The furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, Chapter 256 (N.J.S.A. 40:55D-53.4), for improvements which the Planning Board may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 2011, c. 217 (N.J.S.A. 46:26B-1 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space, open space markers, and in the case of site plans only, other on-site improvements and landscaping. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
B. 
The furnishing of a maintenance guaranty to be posted with the Township Council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, Chapter 256 (N.J.S.A. 40:55D-53.4). In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
C. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty 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 Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991 Chapter 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
D. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall not be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.) as long as no public monies are expended for the completion or correction.
E. 
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 Township Council in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 112-194A of this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
F. 
The list prepared by the Township Engineer shall state, in detail, with respect to each 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 improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement. In accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 112-194A of this chapter.
G. 
The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 112-194A of this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved 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 performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
H. 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 112-194E of this chapter within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township 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.
I. 
If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township 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 guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 112-194A of this chapter; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
J. 
In the event that the obligor has made a cash deposit with the Township or Planning Board as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
K. 
If any portion of the required improvements is rejected, the Township Council 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.
L. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.
M. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
N. 
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 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
O. 
The Township shall not require that a maintenance guaranty required pursuant to Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) be in cash or that more than 10% of a performance guaranty pursuant to that section be in cash. A developer may, however, provide at their option some or all of a maintenance guaranty in cash, or more than 10% of a performance guaranty in cash.
P. 
The cost of the installation of improvements for the purposes of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Township Council. The Township Council shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guaranty with the Township based on the cost of the installation of improvements as determined by the Township Council, they may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.
Q. 
The Township Council shall, for the purposes of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), accept a performance guaranty or maintenance guaranty which is an irrevocable letter of credit if it:
(1) 
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53);
(2) 
Is issued by a banking or savings institution authorized to do and doing business in this state;
(3) 
Is for a period of time of at least one year; and
(4) 
Consistent with the furnishing of an irrevocable letter of credit, there shall be provided by the obligor, an irrevocable letter of credit in the form set forth in Appendix B.[1] Obligor must use the preprinted form which is available from the Township Engineering Department. The Township Attorney may revise the preprinted form from time to time, but such revisions may not alter the substance of such form unless authorized by an ordinance implementing the revision.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
R. 
If the Planning Board includes as a condition of approval of an application for development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the Planning Board and Township Council that 1) the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and 2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the Township shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Township with the provisions of this section shall not be deemed to constitute acceptance of the street by the Township.
A. 
Prior to granting of final approval of all subdivisions and site plans, the applicant shall have installed or shall have furnished performance guaranties for the ultimate installation of all on-tract improvements including but not limited to the following:
(1) 
Streets, driveways, parking lots, curbing and sidewalks.
(2) 
Street signs.
(3) 
Utilities (water, sewer, gas, electrical, telephone, cable television).
(4) 
Fire hydrants.
(5) 
Stormwater management facilities.
(6) 
Streetlighting and other exterior lighting.
(7) 
Landscaping and shade trees.
B. 
Provision of all improvements shall be in conformance with Township design standards.
A. 
The Planning Board and/or the Board of Adjustment shall require, as a condition of final subdivision or site plan approval, that the developer pay their pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the Franklin Township Master Plan. The developer shall contribute their pro rata share of the costs, except that in the case where all costs for the required improvements can be properly allocated to the developer, they may be required to install the improvement.
B. 
The developer shall pay the full cost or shall be required to construct off-tract improvements that are wholly necessitated by the proposed development where said improvements do not benefit any land other than the land within the subdivision or site plan.
C. 
The developer shall provide for payment of its pro rata share, as determined in Subsections E and F of this section, of all off-tract improvements required by the Planning Board if such improvements are wholly or partially necessitated by the proposed development where said improvements benefit lands other than those within the subdivision or site plan.
D. 
The developer shall deposit with the Township a percentage of the total cost of the necessary improvements equal to the percent of benefit which said development will receive from the necessary improvements in relation to the total benefit resulting from the necessary improvement to all properties as developed or potentially developed.
E. 
In apportioning the benefits of off-tract improvements as between the developer, and other property owners and the general public, the Planning Board shall be guided by the following factors:
(1) 
The increase in market values of the properties affected and any other benefits conferred;
(2) 
The needs created by the application;
(3) 
Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements;
(4) 
The estimated time for construction of the off-tract improvements; and
F. 
Without limiting the generality of the foregoing, the Planning Board may take into account the following specific factors:
(1) 
With respect to street widening, alignment, curbs, gutters, sidewalks, streetlights, street signs, and traffic signalization improvements, the Planning Board may consider:
(a) 
Traffic counts;
(b) 
Existing and projected traffic patterns;
(c) 
Quality of roads and sidewalks in the area; and
(d) 
Such other factors as it may deem relevant to the needs created by the proposed development.
(2) 
With respect to drainage facilities, the Planning Board may consider:
(a) 
The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part;
(b) 
The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan; and
(c) 
The use, condition or land status of the remaining land area in the drainage basin.
(3) 
Notwithstanding any of the provisions of § 112-196 to the contrary, this subsection shall govern sanitary-sewerage-related improvements. In cases where off-tract sewerage improvements are necessitated by the construction of improvements proposed in a subdivision or site plan application, the Township Council delegates to the Township of Franklin Sewerage Authority (hereinafter the "Franklin Township Sewerage Authority") the determination of costs to be imposed upon the applicant or developer in accordance with N.J.S.A. 40:55D-42. The Franklin Township Sewerage Authority shall adopt rules and regulations based upon the comprehensive sanitary sewer plans of the Franklin Township Sewerage Authority or of the Township Planning Board, adopted as part of the utility service plan element of the Master Plan, which shall include the following:
(a) 
The Franklin Township Sewerage Authority shall establish fair, reasonable and rational standards to determine the proportionate amount of the costs of the sewerage facilities which are to be imposed upon each developer within a related common area. Such standards shall not be altered subsequent to the time of preliminary approval. The Franklin Township Sewerage Authority shall also develop applicable rules and regulations to determine whether the improvement is to be constructed by the Franklin Township Sewerage Authority as an Franklin Township Sewerage Authority capital improvement, or whether the improvement is to be constructed by the developer, with or without a formula for partial reimbursement from other properties also specially benefited by the improvement. The Franklin Township Sewerage Authority may consider, but is not limited to:
[1] 
Flow measurements.
[2] 
Projected future loadings to the system.
[3] 
Condition of the existing sewerage facilities.
[4] 
Amount of infiltration and inflow in the existing system.
[5] 
The use, condition or status of the remaining land in the sanitary sewer service area.
[6] 
The remaining useful capacity of the system.
G. 
Deposit of money; return to developer.
(1) 
Any money received by the Township for off-tract improvements to be constructed or installed by the Township pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Township is responsible has not commenced within 10 years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or their successor in interest.
(2) 
Any money received by the Franklin Township Sewerage Authority for off-tract improvements to be constructed or installed by the Franklin Township Sewerage Authority pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of the off-tract improvements within the included subsystem, or any portion thereof, has not been commenced within 20 years from the date of deposit, the amount deposited, together with any interest thereon, shall, upon written request from the developer, be returned to the developer or their successor in interest.
(a) 
The Franklin Township Sewerage Authority shall develop rules and regulations pertaining to the disposition of any contribution paid by the developer in the event the improvements are not constructed within a given time period.
(b) 
If the developer pays their proportionate share of construction costs of the off-tract improvement under protest or agrees to construct the off-tract improvement under protest, the developer shall be required to institute legal action within one year of the earliest of the following dates in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount:
[1] 
The date of such payment; or
[2] 
The date of the execution of the agreement imposing the requirements; or
[3] 
The date of commencement of construction.
A. 
Deposits required to offset costs of inspection.
(1) 
Prior to the construction of any improvement required by virtue of a site plan or subdivision approval and specifically the commencement of any preparatory site work, including but not necessarily limited to clearance of the property, grading or excavation or the signing of the final subdivision or site plan, whichever occurs first the developer shall initially deposit with the Township a sum equal to 5% of the cost of the improvements but not more than $4,999, which shall be used to pay the costs of inspection incurred by the Township. In the event that the cost of inspections are less than the amount deposited, the balance shall be refunded to the developer. If the costs are greater than the amount deposited, the Township shall require additional deposits as necessary in accordance with Subsection A(2) of this section. The fees to be charged shall be in accordance with the following schedule:
[Amended 5-8-2007 by Ord. No. 3683]
(a) 
Township employees. In accordance with the provisions of N.J.S.A. 40:55D-53.2, shall be 200% of the sum of the products resulting from multiplying the hourly base salary by the number of hours spent on the project.
[1] 
Inspector, weekdays from 7:30 a.m. to 3:30 p.m.
[2] 
Inspector, overtime, which is any time before 7:30 a.m. and after 3:30 p.m. on weekdays.
[3] 
Inspector, any approval work on Saturday, Sunday or legal holidays.(a)
[4] 
Administrative aide.
[5] 
Assistant Township Engineer.(b)
[6] 
Township Engineer.(b)
Notes:
(a) Township shall not be obligated to provide these inspection services. The ability to provide these services will be strictly based on the availability of personnel. Entities requesting these services must have submitted a written request not less than one week prior to the date when services are requested. If the Township can not provide the inspection service, then no work may be done.
(b) These fees shall be charged in those cases where these individuals are requested and/or required to make site visits and the time shall be computed on a portal-to-portal basis.
(b) 
Testing. Costs for any type of testing that may be required by the Township, at any time during the course of the work, shall be paid by the developer. The developer shall submit a list of testing laboratories that they wish to use to the Township Engineer's office, for review and approval, before engaging such laboratory.
(c) 
Outside consulting services. When the Township Engineer deems it is necessary to retain outside professional inspection services, the developer shall be notified and shall reimburse the Township for all reasonable professional consulting fees. Billing for outside services will be based on the fee schedule provided by the consultant and on file in the office of the Township Engineer.
(2) 
For those subdivision and site plans where the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited shall be 50% 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 expended for inspection and associated administrative costs, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, fees may, at the developers option, 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 expended for inspections and associated administrative costs, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not permit any construction requiring inspection to proceed if sufficient funds to pay the cost of those inspections and associated administrative costs are not on deposit.
(3) 
Inspections:
(a) 
Prior to construction, the developer shall arrange a preconstruction conference which shall include the developer and all site work contractors, the Township Engineer and/or their designee and, where appropriate, representatives of any other municipal, federal, state of county agencies having jurisdiction over or an interest in the work. The Township Engineer shall be notified by the developer, by certified mail, at least five business days in advance of the planned start of any construction of any nature.
(b) 
No improvements shall be installed without having an approved site plan, an approved subdivision plan, required permits and without having been inspected by the Township Engineer's office. The Chief Engineering Inspector is authorized to issue a summons in the event any developer, owner, agent, individual or corporation refuses to honor a stop-work notice. No underground installation shall be covered, partially covered or backfilled until the installation has been inspected and approved. The Township Engineer's office shall be notified a minimum of 24 hours before each of the following phases of the work is started so that the work may be inspected by the Township. The work requiring inspection by the Township Engineer's office and/or such outside professional inspection service which the Township may retain, shall include, but not necessarily be limited to:
[1] 
Site clearing.
[2] 
Grading, soil erosion control methods and devices.
[3] 
Excavation and embankment.
[4] 
Pavement subgrade.
[5] 
Curb forms.
[6] 
Curbs.
[7] 
Sidewalks.
[8] 
Driveway aprons.
[9] 
Storm sewers and appurtenances.
[10] 
Water mains, hydrants, valves and appurtenances.
[11] 
Bedding materials and placement.
[12] 
Trench backfill materials and compaction.
[13] 
Detention/retention basins and associated structures.
[14] 
Pavements including stone base, intermediate course(s), and final wearing course, landscaping, topsoil and seeding.
[15] 
Street trees.
[16] 
Street signs.
[17] 
Traffic control signs.
[18] 
Pavement markings.
[19] 
Conservation easement markers and survey monuments.
(c) 
Unless given prior written approval, based upon a written request received by the Township one week in advance of the date of such work, no work or the construction of improvements requiring same day inspection shall be performed on Saturdays, Sundays or legal holidays, or at any other time except weekdays between the hours of 7:30 a.m. and 3:30 p.m.
(d) 
Inspection fees shall be charged only for the inspection of the actual improvements shown on an approved subdivision plan, an approved site plan or any approved plan revision and/or as required by an approving resolution. The Township Engineer's office and/or an outside professional inspection service shall charge only for inspections and administrative costs that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents. Administrative costs to be charged may include but not necessarily be limited to those necessary to prepare written reports, correspondence, and statements, obtain job photos and similar and usual activities associated with construction projects.
(e) 
Streets shall not receive the finished surface course paving until all heavy construction is completed, as determined by the Township Engineer. Shade trees shall not be planted until all grading and earthmoving is completed and only when seasonally appropriate.
(f) 
All inspections relative to the requirements of the Uniform Construction Code of the State of New Jersey shall be made by the subcode officials and/or appropriately licensed inspectors. Final occupancy permits may be issued by the Construction Official after they have determined that all provisions of the Uniform Construction Code and any conditions of the construction permit(s) have been complied with; has determined that all improvements including grading, splash blocks, sump pump drains and other appurtenances within eight feet of the foundation wall of residential buildings have been properly installed; the Construction Official receives notification of approval of the site improvements from the Township Engineer's office and has obtained approval of all other state, county or municipal authorities having jurisdiction or an interest.
B. 
Inspection by Sewerage Authority.
(1) 
All improvements to the sanitary sewerage system shall be subject to inspection and approval by the Franklin Township Sewerage Authority who shall be notified by the subdivider or developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by the Franklin Township Sewerage Authority or other agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or such other inspection means used, such as television or other pipeline camera as may be deemed necessary by the Franklin Township Sewerage Authority, and any charges therefor shall be paid for by the developer.
(2) 
Inspection of any work by the Franklin Township Sewerage Authority or other agencies having jurisdiction shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was done to Franklin Township Sewerage Authority specifications or other required standards at the time of installation. Damage to such work or other unforeseen circumstances such as the effect of weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from their performance bond shall be the full responsibility of the developer and shall not be considered accepted work until the performance bond is released. The developer shall not enter into any contract requiring the Franklin Township Sewerage Authority, or any of its agents, employees or other representative to make any declarations, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work.
(3) 
Modification of improvements. At any time, whether as a result of inspection of the work or otherwise, the Franklin Township Sewerage Authority may recommend to the approving authority or other agency having jurisdiction that the subdivider be required to modify the design and extent of the improvements required.
(4) 
The approving authority may act in accordance with such recommendation; provided, however, that it must first afford the subdivider an opportunity to be heard. Similarly, the approving authority may grant the applicant permission to effect such modification upon their own application with the approval of the Franklin Township Sewerage Authority and any other agency having jurisdiction.
C. 
Engineering review and inspection fees for a single-lot application. Review and inspection for residential development involving two or more units and subdivisions creating two or more lots are subject to the fees and deposits as set forth in Subsection A(1) of this section and in Article XXVIII, § 112-210 et seq.
[Amended 8-12-2008 by Ord. No. 3767]
A. 
All detention/retention basins for stormwater drainage in any multifamily residential use development or nonresidential use developments shall be owned and maintained by a condominium, homeowners' association or other private individual or group. All detention/retention basins for stormwater drainage located within or as a part of a solely single-family residential use development shall be dedicated to the Township of Franklin. Prior to the acceptance of any stormwater facility by the Township of Franklin, same shall be certified by the Township Engineer to have been constructed in accordance with the requirements and specifications of this section. In addition, prior to the issuance of any certificate of occupancy, the developer shall post with the Township of Franklin an amount to be determined in accordance with the formula set forth below for maintenance for 26 years to be placed in an escrow account maintenance, which funds shall be utilized for the maintenance of such detention/retention facility.
B. 
Technical standards for the construction of improvements.
(1) 
The fees required by Appendix C[1] shall be for the purpose of reimbursing the Township for direct fees, costs, charges and expenses for the maintenance of a detention/retention facility including, but not limited to routine mowing, maintenance of landscaping, general maintenance concerning inlets, cleaning of property and long range maintenance on a periodic basis.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
The escrow amount required by Appendix C shall be deposited with the Township prior to the issuance of any certificates of occupancy. All funds shall remain in an interest-bearing escrow account. The entire amount of any interest shall be applied to the purposes for which it was originally deposited.
(3) 
All costs, expenses, charges and fees incurred by the Township for the maintenance of a detention/retention basin shall be charged against the escrow fund established for the maintenance of such a basin.
(4) 
The Township will conduct maintenance programs at its discretion and shall maintain liability insurance on the basin out of the funds so created. The maintenance programs may include:
(a) 
Routine mowing of the property. Mowing costs shall be estimated at the rate of one acre per hour. The cost per hour for the Township labor and equipment shall be multiplied by the number of acres to be mowed. A base number shall also be included for the mobilization and the maintenance of the equipment.
(b) 
Maintenance of landscaping. The cost shall be based upon the number of hours for landscape maintenance multiplied by a rate per hour for labor and equipment. Any and all additional stock which shall be necessary to replace approved landscaping shall also be charges against the fund.
(c) 
General maintenance. The cost for general maintenance shall be based upon a one-hour mobilization time together with the total number of hours expended times the rate per hour for Township labor and equipment.
(d) 
Long-term maintenance. The long-term maintenance shall be calculated on cost per acre and applied against the assumption that a residential detention/retention basin needs rejuvenation every 15 years. These amounts are reduced thereto an annualized cost.
(e) 
Insurance. The Township shall assume liability for the property and a portion of the fund shall be used for purchase of insurance for the detention/retention basin.
(5) 
Calculation of the developer fund. The amount of money to be placed in escrow shall be calculated in accordance with the worksheet set forth in Appendix C. The first year costs are multiplied by the factor of 26.48. Said calculation provides for the Township to receive sufficient funding for 25 years based upon an assumption of a 6% increase per year and 5.5% return on investment earnings added to the account. The cost for the maintenance by the Township employees shall be based upon the amount of time services are performed and the unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff in accordance with the contracts or as prescribed by the Salary Ordinance of the Township of Franklin.