[Amended 10-17-2017 by Ord. No. 2017-27; 12-5-2018 by Ord. No. 2018-36; 12-8-2021 by Ord. No. 2021-31]
A.
Any application for development shall be accompanied by a nonrefundable administrative fee and escrow fee pursuant to the schedule incorporated in Subsection C.
B.
Escrow deposit.
(1)
The escrow account is established to cover the costs of professional
services, including engineering, legal, planning, professional personnel
on salary and consultants retained to evaluate material submitted
with the application, and other expenses connected with the review
of the submitted materials. Sums not utilized in the review process
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow.
(a)
The term "professional personnel" or "professional services"
as used herein shall include the services of a duly licensed engineer,
surveyor, planner, attorney, realtor, appraiser, or other expert who
would provide professional services to ensure an application meets
performance standards set forth in the chapter and other experts whose
testimony is in an area in which the applicant has presented expert
testimony.
(2)
The Township Treasurer shall monthly advise the Planning/Zoning Secretary
of the balance of all escrow accounts and whether additional funds
are required. In the event additional funds are required, it shall
be the obligation of the Planning/Zoning Secretary to notify the applicant
of the additional escrow amount required, and in the event there is
a refusal or failure to make the payments required, the Planning/Zoning
Secretary shall notify the approving Board and the Township Construction
Office.
(3)
The escrow associated with each application shall be replenished
whenever the original escrow is reduced by charges against the account
to 50% or less of the original amount. The Planning/Zoning Secretary
shall notify the applicant of the requirement to replenish the escrow,
and the applicant shall be requested to deposit an amount to be determined
by the Administrative Officer. No signed plat or site plan shall be
released to the applicant nor shall any zoning permits, building permits,
certificates of occupancy or any other types of permits be issued
until the additional escrow has been paid. Any fees paid for informal
concept without professional review shall be a credit toward fees
for a subsequent application for development by the same applicant
and for the same development.
C.
Development application fee and escrow schedule.
[Amended 7-20-2022 by Ord. No. 2022-27; 3-23-2023 by Ord. No. 2023-17]
Type of Application
|
Administrative Fee
|
Initial Escrow Fee
|
---|---|---|
Subdivision
| ||
Minor
|
$250 plus $75 per lot
|
$1,500 per lot
|
Major
| ||
Preliminary
|
$300 plus $100 per lot
|
$2,000 plus $200 per lot
|
Final
|
$300
|
$1,000 plus $100 per lot
|
Site Plan
| ||
Minor
|
$300
|
$1,500
|
Major
| ||
Residential
| ||
Preliminary
|
$500 plus $50 per unit
|
$1,500 plus $200 per unit
|
Final
|
$250 plus $25 per unit
|
$1,000 plus $200 per unit
|
Nonresidential
| ||
Preliminary
|
$150 per acre or $20 per each 1,000 sq. ft. or fraction thereof
of gross floor area proposed, whichever is greater (minimum $800)
|
$1,500 plus $100 per 1,000 sq. ft. or fraction thereof over
2,000 sq. ft. of gross floor area proposed (minimum $2,500)
|
Final
|
$75 per acre or $20 per each 1,000 sq. ft. or fraction thereof
of gross floor area proposed, whichever is greater (minimum $800)
|
$1,000 plus $100 per 1,000 sq. ft. or fraction thereof over
2,000 sq. ft. of gross floor area proposed (minimum $2,500)
|
Amendment of preliminary or final site plan
|
$5 per each 1,000 sq. ft. or fraction thereof of gross floor
area proposed, whichever is greater (minimum $700)
|
$500 plus $100 per 1,000 sq. ft. or fraction thereof over 2,000
sq. ft. of gross floor area proposed (minimum $2,500)
|
Administrative site plan review
|
$150
|
$950
|
Pool and sports court
|
$50
|
$850
|
Waiver of site plan
|
$200
|
$850
|
Variances
| ||
Bulk
| ||
Residential
|
$200
|
$2,500 plus $100 per variance requested when connected with
a major subdivision
|
Nonresidential
|
$200; $50 for each additional variance
|
$2,500 plus $100 per variance requested
|
"D" variances
| ||
Residential
|
$400
|
$1,000 plus $25 per unit per variance
|
Nonresidential
|
$400 plus $100 for each additional "D" variance
|
$1,000 plus $100 per 1,000 sq. ft. or fraction thereof over
2,000 sq. ft. of gross floor area proposed per variance (minimum $2,500)
|
Other
| ||
Appeals and interpretations to the Land Use Board
|
$200
|
$1,500
|
Conceptual/informal review
|
$500
|
$1,500
|
Design waiver
|
$200
|
$500
|
Educational training fee
|
$30
| |
Extension of prior approvals
|
Half of the original fee
|
$2,500
|
Home occupation
|
$50
| |
Publication fee
|
$75
| |
Signage
|
$50
|
$200
|
(1)
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid. The applicant
shall provide a detailed breakdown of each calculation used in determining
the fee pursuant to a form prescribed by the Planning/Zoning Secretary.
D.
Each applicant for subdivision or site plan approval shall agree,
in writing, to pay all reasonable costs for professional review of
the application, including costs incurred with any informal review
of a concept plan which may have preceded the submission of a preliminary
application. Additionally, each applicant shall agree, in writing,
to pay all reasonable costs for the municipal inspection of the constructed
improvements. All such costs for review and inspection must be paid
before any construction permit is issued, and all remaining costs
must be paid in full before any occupancy of the premises is permitted
or certificate of occupancy is issued.
E.
If an applicant desires a court reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript to the
Township shall be at the expense of the applicant, who shall arrange
for the reporter's attendance. This shall be mandatory for all use
variance applications pursuant to § 142-70C(2).[1]
[1]
Editor's Note: See now § 142-68C(2).
F.
Notwithstanding the schedule of fees and charges contained in this
section, any person(s) proposing any development within the Township
of Robbinsville may request that the Land Use Board provide it with
an express informal concept review without the necessity for prior
review by the Township's professionals. This review is optional and
the developer may choose an informal concept review with such professional
review or without such review. Any developer requesting an express
informal concept review pursuant to this subsection shall comply with
the following:
[Amended 7-20-2022 by Ord. No. 2022-27]
(1)
The submission of a fee of $500 which shall be deemed to be a credit
toward fees for review of any application subsequently filed by the
applicant for development which is essentially the same to that which
was the subject of the express informal concept review in accordance
with N.J.S.A. 40:55D-10.1.
(2)
The maximum time to be allotted for an express review shall not exceed
20 minutes and shall be scheduled at the discretion of the Technical
Review Committee, unless the time is extended by the Board pursuant
to good cause shown.
(3)
If an additional appearance(s) is required, an additional charge
of $500 for each appearance shall be paid by the developer prior to
each appearance. Said fees shall be deemed to be a credit toward fees
for review of any application subsequently filed by the applicant
for development which is essentially the same to that which was the
subject of the express informal concept review in accordance with
N.J.S.A. 40:55D-10.1. Thereafter, the Board may establish a time frame
within which the applicant shall file a formal development application(s)
pursuant to applicable Township ordinances.
G.
In the event that an applicant requests informal concept review and:
1) a revised Master Plan has been adopted but no implementing Zoning
Ordinance has been adopted; or 2) the applicant proposes development
which is consistent with the Master Plan but does not comport with
the Zoning Ordinance in use, floor area ratio or density or the applicant
submits for review a draft of a proposed ordinance or of amendments
to the Zoning Ordinance, the applicant shall deposit the sum of $2,500
in escrow at the time of request for informal concept review, as funds
to cover the costs of professional services, including engineering,
legal and planning review. In the event said escrow is depleted in
the course of the review, the applicant shall immediately deposit
additional funds in the escrow account, in an amount specified by
the Planning/Zoning Secretary, to cover any deficiency in said amount
and to cover any additional anticipated costs of professional services,
including engineering, legal and planning review.
H.
Zoning permit fees. A nonrefundable zoning permit application review
fee, calculated pursuant to the fee adopted by resolution of the Township
of Robbinsville Council, shall be paid to the Township of Robbinsville
before any construction permit is issued, and prior to the commencement
of use or before any structure is erected, restored, added to or structurally
altered. The established fee shall be due at the time of the submission
of the zoning permit application, and shall be payable to the Township
of Robbinsville in connection with projects such as, but not limited
to, new use or tenant, new buildings, building additions or alterations,
decks, porches, sheds, gazebos, pergolas, fences, patios, detached
garages, above- or in-ground pools, solar panels, generators, finished
basements, signs, antennas, and temporary tents. If more than one
improvement is proposed, the applicant shall pay applicable fees for
each such improvement.
I.
Engineering permit fees. A nonrefundable engineering permit application
review fee, calculated pursuant to the fee adopted by resolution of
the Township of Robbinsville Council, shall be paid prior to the construction
of any nonresidential building or residential dwelling unit, installation
of public and private improvements, private driveway expansion or
extension, installation of in-ground pools, retaining walls, and alteration
of existing grades. For the purposes of this subsection, "retaining
walls" shall be defined as vertical, self-supporting structures which
exceed 30 inches in height, and constructed of concrete, durable wood,
masonry or other materials, and designed to resist the lateral displacement
of soil or other materials.
J.
Tax Map/GIS database update fee.
(1)
Purpose.
(a)
It is the purpose of this subsection to impose upon developers/applicants
the costs incurred by Robbinsville Township in updating its municipal
Tax Map/GIS database as a result of the approval of various subdivisions
or the creation of any new lots within Robbinsville Township. Said
costs are directly related to the development process, and therefore
Robbinsville Township hereby determines that they should be borne
by the developer/applicant.
(b)
Tax Map/GIS database update fees: Each applicant and/or developer,
for any approval that results in the creation of any new lot(s), revision
of any existing lot(s) and/or other alterations to the Tax Map/GIS
database, shall be responsible for paying all reasonable charges incurred
by Robbinsville Township in updating said Tax Map/GIS database. These
costs shall include, but not be limited to, update to the GIS database,
revisions to existing Tax Map plates, creation/addition of new tax
map plates, appropriate revisions to the Key Map(s), reprographic
services for applicable Township, county and state submission copies,
as well as any reasonable shipping and handling fees involved.
(2)
Costs.
(a)
Once final subdivision and/or new lot approval has been received,
an escrow account shall be established by the applicant and maintained
by Robbinsville Township for the express purpose of maintaining the
Tax Map/GIS database. No construction permit shall be issued until
said escrows as outlined below are posted with the Township:
[1]
Minor subdivisions: $75 per lot.
[2]
Major subdivisions are further broken down as follows:
[a]
One to 25 lots: $55 per lot.
[b]
Twenty-six to 75 lots: $50 per lot.
[c]
Seventy-six to 125 lots: $45 per lot.
[d]
One hundred twenty-six to 175 lots: $40 per lot.
[e]
One hundred seventy-six or more lots: $35 per lot.
[f]
Commercial site plan: $800.
[g]
Condominium site plan: $1,000 plus $20 per unit
for residential condominium projects.
[h]
Each lot/Tax Map revision due to deed discrepancies,
lot line adjustments, easement detailing, ownership labeling, acreage
calculation and labeling, street name changes and other minor revisions:
$55 per lot or per change.
[3]
If the initial escrow account is insufficient to cover the cost
for revisions to the Tax Map/GIS database, then the developer/applicant
shall be required to replenish the escrow account in such amounts
as are required to satisfy the total cost of the revisions. In the
event that the developer/applicant fails to do so, the Township shall
have the option of revoking the construction permit and/or failing
to issue a final certificate of occupancy or approval until such time
as the applicant complies. If any portion of the escrow account remains
unused following the appropriate revisions to the Tax Map/GIS database,
it shall be refunded to the developer/applicant.
(b)
In the event that any application for development is denied
and the application is no longer pending before the respective Township
board, then any portion of the aforementioned fee which has not been
expended by the engineer responsible for maintaining the Tax Map/GIS
database shall be refunded to the applicant.
(c)
In addition to the maintenance fees noted, each approved applicant
must supply a map of the new subdivision or new lot in a scale suitable
for inclusion on the Robbinsville Township Tax Map/GIS database. Said
map must be submitted in both electronic and hard copy formats and
must be compliant with current New Jersey Map Filing Law guidelines
(N.J.S.A. 46:23-1[2]).
[2]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
A.
Performance guaranty estimate.
(1)
No final application for development shall be approved by the Board
until the satisfactory completion and performance of all such required
improvements have been certified to the Board by the Township Engineer,
unless the owner shall have:
(a)
Satisfactorily completed all required utility installations
and their appurtenances, including water mains, culverts, storm sewers,
sanitary sewers or dry sewers and drainage facilities;
(b)
Satisfactorily completed all required grading and the construction
of the base course surfacing of all streets;
(c)
Satisfactorily completed the construction of all required curbs;
or
(d)
Filed with the municipality a performance guaranty sufficient
in amount to cover the cost of all remaining specified improvements,
as estimated by the Township Engineer, and assuring the installation
of said improvements on or before an agreed date and as hereinafter
provided.
(2)
In any case, the remaining specified improvements shall be at least
50% completed within one year from the date of final approval, at
least 75% completed within 18 months from the date of final approval
and entirely completed and accepted by the Township within two years
from the date of final approval.
(3)
A performance guaranty estimate shall be prepared by the Township
Engineer setting forth all requirements for improvements as fixed
by the Board and their estimated cost. The governing body shall pass
a resolution either approving or adjusting this performance guaranty.
(4)
In the case of planned village development in which the development
is to be completed in sections, no building permits may be issued
for the construction of units in any section subsequent to the first
until the construction authorized in the previous section has been
substantially completed. "Substantially completed" shall mean that,
as a minimum, all exterior finish, paving, fine grading, seeding and
landscaping shall have been completed.
B.
Approval by Board Attorney.
(1)
The subdivider shall present two copies of the performance guaranty
in an amount equal to 120% of the approved performance guaranty estimate
for approval as to form and execution by the Attorney for the Board.
(2)
The Attorney for the Board shall notify the Secretary of the Board
prior to the meeting that the performance guaranty is properly executed
and can be added to the agenda.
C.
Bonding and cash requirements.
(1)
The performance guarantee shall be made payable and deposited to
Robbinsville Township and shall be in the form of cash or a certified
check, irrevocable standby letter of credit, or a performance bond
in which the owner shall be principal, the bond to be provided by
any acceptable surety 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 a bank named by the Township
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. Every bond, whether cash or surety,
shall contain a clause to the effect that a determination by the Township
Engineer that the principal has defaulted in the performance of his
obligation shall be binding and conclusive upon the surety and the
principal. If the applicant elects to post an irrevocable letter of
credit, the same must be submitted to the Township Attorney for approval
prior to acceptance by the governing body. Same must be in a form
same or similar to that set forth herein.
(2)
Ten percent of the amount of the approved performance guaranty estimated
shall be deposited by the owner in cash with the Township. The remaining
90% may be in cash, surety bonds, certified check or irrevocable standby
letter of credit in the favor of the Township. In the event of default,
the 10% fund herein mentioned shall be first applied to the completion
of the requirements, and the cash, surety bond, certified check or
irrevocable standby letter of credit shall thereafter be resorted
to, if necessary, for the completion of the requirements. The cash
or surety bond may recite the foregoing provisions.
[Amended 7-20-2022 by Ord. No. 2022-27]
| ||||
| ||||
IRREVOCABLE STANDBY LETTER OF CREDIT
| ||||
LETTER OF CREDIT NUMBER:
| ||||
DATE:
| ||||
BENEFICIARY: Township of Robbinsville, Mercer County, N.J. (from
now on referred to as Township)
| ||||
AMOUNT: $
| ||||
INITIAL EXPIRATION DATE:
| ||||
DEVELOPER:
| ||||
(from now on referred as "Developer")
| ||||
ISSUING FINANCIAL INSTITUTION AND ADDRESS:
| ||||
(from now on referred as "Bank")
| ||||
The Bank submits to the Township this Irrevocable Standby Letter
of Credit (from now on referred to as "Letter of Credit") in the amount
of $, representing the cash performance guaranty required under the
provisions of the Land Use Ordinances of the Township of Robbinsville,
to guarantee installation and completion of the improvements required
by the Township Land Use Board (from now on referred to as the "Board")
in connection with the following development:
| ||||
The improvements required to be completed are set forth in the
Township Engineer's estimates dated, attached to this Letter of Credit
and incorporated herein.
| ||||
The Bank hereby agrees with respect to this Letter of Credit
as follows:
| ||||
1.
|
If:
| |||
a)
|
The improvements required by the Board have not been installed
in accordance with the development approval and the attached Engineer's
estimates, and
| |||
b)
|
The improvements have not been accepted by the Township by a
duly adopted Resolution releasing this Letter of Credit, or
| |||
c)
|
The Developer has failed to perform as required by the Developer's
Agreement entered into between the developer and the Township which
Agreement shall be deemed incorporated herein and a part of this Letter
of Credit:
| |||
Then, the Bank shall release funds under this Letter of Credit
to the Township, pursuant to Paragraph 3 hereafter, for:
| ||||
a)
|
All costs of having the improvements installed, and upon receipt
of the proceeds under this Letter of Credit, the Township shall install
or have such improvements installed as may be required, and/or
| |||
b)
|
All costs and/or damages resulting from the Developer not having
complied with the Developer's Agreement, and/or
| |||
c)
|
All Township costs, (including reasonable attorney's fees and
expert witness' fees) of any litigation brought as a result of the
Developer's failure to have the improvements installed and approved
as a result of Developer having failed to perform pursuant to the
Developer's Agreement.
| |||
It is expressly understood that the liability of the Bank is
limited to the draw requirements as explained in the Letter of Credit
hereafter.
| ||||
2.
|
This Letter of Credit shall be valid for a period of length
of time commencing on the date set forth above, and expiring on the
initial expiration date set forth above, except as that initial expiration
date may be extended as explained hereafter. If the required improvements
have not been completed, approved and accepted at least 60 days before
the initial expiration date set forth above, then the Township shall
have the right to draw any amount which is then due up to the full
amount of this Letter of Credit. This Letter of Credit shall be automatically
extended, without amendment, for periods of 1 year each from the initial,
of any future expiration date, unless 60 days prior to the expiration
date, the Bank notifies the Municipal Clerk and the Township Attorney
by certified mail, return receipt requested, that the Bank elects
not to extend. Upon receipt of such notice, the Township may draw
under this Letter of Credit by stating in writing that the Letter
has not been renewed or extended and by the Township complying with
the provisions of Paragraph 3 hereafter. The Developer, until a replacement
Irrevocable Standby Letter of Credit in this form has been deposited
with the Township, will cease and desist any and all work on the development,
unless the required improvements under the approval, this Letter of
Credit and the Developer's Agreement have been completed and approved
by the Township Engineer and governing body. In the event any occupancy
is taking place in any improvements in the development, such occupancy
shall then be deemed illegal, shall cease and desist. The provisions
of this paragraph apply only to the Developer.
| |||
3.
|
In all circumstances, the release of money to the Township under
this Letter of Credit (sometimes referred to as a "draw" or "draw
down") shall be accomplished by a written demand setting forth the
Developer's failure to perform and signed by 1 of the following:
| |||
a)
|
Municipal Clerk
| |||
b)
|
Mayor
| |||
c)
|
Official authorized by written Resolution, duly adopted by the
governing body, to act in the place of the Municipal Clerk or Mayor.
| |||
In addition to the written demand, the Township shall present:
| ||||
a)
|
This original Letter of Credit if demand is made for the full
amount, or a copy of this Letter of Credit if the demand is for less
than the full amount, and
| |||
b)
|
A certified true copy of the appointing Resolution if the demand
is executed by a Township official other than the Municipal Clerk
or Mayor.
| |||
The written demand and any required accompanying documents shall
be served on the Bank by either of the following 2 methods:
| ||||
a)
|
Certified Mail, Return Receipt Requested, to the Bank at the
address indicated on this Letter of Credit by depositing the documents
in the United States mail, postage prepaid, no later than 3 days before
the expiration date, either initial or as extended, of this Letter
of Credit; or
| |||
b)
|
Personal presentation of the documents by any Township representative
at the Bank at the address indicated on this Letter of Credit on or
before the expiration date, either initial or as extended.
| |||
4.
|
The Bank and Developer hereby irrevocably bind themselves, their
heirs, successors, assigns and representatives to the full and faithful
performance of the obligations contained in this Letter of Credit
until all conditions for release as provided in this Letter of Credit
are complied with. It is expressly understood that the obligation
of the Bank shall terminate upon full release of this Letter of Credit
by the Township.
| |||
5.
|
The use, i.e., draw down, of all or part of this Letter of Credit
shall in no way be deemed to constitute a waiver of any other right
the Township may have under law or other documents delivered to the
Township by the undersigned Developer. It is expressly understood
that the provisions of this paragraph shall not apply to the Bank.
| |||
ATTEST: (Affix Seal)
|
DEVELOPER:
| |||
TYPE OR PRINT SECRETARY
|
TYPE OR PRINT PRESIDENT NAME
| |||
SIGNATURE SECRETARY
|
SIGNATURE PRESIDENT
| |||
DATED:
|
DATED:
| |||
ATTEST: (Affix Seal)
|
FINANCIAL INSTITUTION:
| |||
TYPE OR PRINT SECRETARY
|
TYPE OF PRINT PRESIDENT NAME
| |||
SIGNATURE SECRETARY
|
SIGNATURE PRESIDENT
| |||
DATED:
|
DATED:
| |||
STATE OF NEW JERSEY:
| ||||
COUNTY OF: SS
| ||||
I certify that on this day of , , personally came before me
and this person acknowledged under oath, to my satisfaction, that:
| ||||
(a)
|
This person is the secretary of the financial institution in
the attached documents;
| |||
(b)
|
This person is the attesting witness to the signing of this
document by the proper corporate officer who is the President of the
financial institution;
| |||
(c)
|
This document was signed and delivered by the corporation as
its voluntary act duly authorized by a proper Resolution of its Board
of Directors;
| |||
(d)
|
This person knows the proper seal of the corporation which was
affixed to the document; and
| |||
(e)
|
This person signed this proof to attest to the truth of these
facts.
| |||
Secretary
| ||||
Sworn and Subscribed to before me this day of ,
| ||||
NOTARY PUBLIC OF NEW JERSEY
| ||||
My Commission Expires on
| ||||
(Impress Seal)
|
IF CORPORATE DEVELOPER
| |||
STATE OF NEW JERSEY, COUNTY OF: SS
| |||
I certify that on , , personally came before me and this person
acknowledged under oath, to my satisfaction, that:
| |||
(a)
|
This person is the secretary of the Developer named in the attached
document;
| ||
(b)
|
This person is the attesting witness to the signing of this
document by the proper corporate officer who is the President of the
Developer;
| ||
(c)
|
This document was signed and delivered by the corporation as
its voluntary act duly authorized by a proper resolution of its Board
of Directors;
| ||
(d)
|
This person knows the proper seal of the corporation which was
affixed to this document; and
| ||
(e)
|
This person signed this proof to attest to the truth of these
facts.
| ||
, Secretary
| |||
Sworn and Subscribed to before me this day of ; .
| |||
NOTARY PUBLIC OF NEW JERSEY
| |||
My Commission Expires on
| |||
(Impress Seal)
|
IF INDIVIDUAL DEVELOPER
| |||
STATE OF NEW JERSEY: SS
| |||
COUNTY OF:
| |||
I certify that on the day of , , personally came before me and
this person acknowledged under oath, to my satisfaction, that:
| |||
(a)
|
This person is named in and personally signed this document;
and
| ||
(b)
|
This person signed, sealed and delivered this document as his
act and deed.
| ||
Sworn and Subscribed to before me this day of , .
| |||
NOTARY PUBLIC OF NEW JERSEY
| |||
My Commission Expires on
| |||
(Impress Seal)
|
D.
Inspections and tests.
(1)
All improvements and utility installations shall be inspected during
the time of their installations under the supervision of the Township
Engineer to ensure satisfactory completion. The cost of the inspection
shall be the responsibility of the owner, who, prior to the installation
of any improvements or the issuance of a building permit, whichever
is first, shall deposit with the Township Treasurer, for placement
in a special trust fund account, a sum equal to 5% of the amount of
the performance guaranty estimate of the cost of public improvements
to be applied to payment of inspection costs. If inspection costs
exceed such fund, the owner shall deposit with the Township Treasurer
additional sums upon notice from the Township Engineer. The inspection
fee shall in no case be less than $100. The Township Treasurer shall
return any balance of the inspection deposit to the owner upon expiration
of the maintenance bond, together with the paid invoices for all expenses
charged.
(2)
In no case shall any improvements be installed without permission
from the Township Engineer's office. At least two days' notice shall
be given to the Township Engineer's office prior to any such construction
so that he or a qualified representative may be present at the time
the work is to be done.
(3)
The Township Engineer's office shall be notified after each of the
following phases of the work has been completed so that he or a qualified
representative may inspect the work:
(4)
A final inspection of all improvements and utilities will be started
within 10 days' notification by the subdivider to determine whether
the work is satisfactory and in agreement with the approved final
drawings and the Township specifications. The general condition of
the site shall also be considered. Upon a satisfactory final inspection
report, action will be taken to release or declare in default the
performance guaranty covering such improvements and utilities.
(5)
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township 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 contractors,
if any.
(6)
Upon the completion or substantial completion of all required appurtenant
utility improvements and the connection of same to the public system,
the obligor may notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion or
substantial completion of the improvements and shall send a copy thereof
to the Municipal Engineer and where applicable to the homeowners'
association and each member of its Board of Directors, or in the case
of the residential development without a homeowners' association,
to each property owner within the development, by certified mail.
The Municipal Clerk shall, upon receipt of a developer's request,
notify the following that a request for reduction/release has been
received: governing body members, Township Administrator, Construction
Code Official, Township Planner, and Board of Health. Anyone having
information as to why the governing body should not comply with the
developer's request must submit a written report to the governing
body, in care of the Municipal Clerk, within 30 days.
E.
Release. The governing body shall approve, partially approve or reject
the improvements on the basis of the report from the Municipal Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of the Engineer's report and the action of the governing
body not later than 65 days after the receipt of the notice of the
obligor of the completion or substantial completion of the improvements.
Failure of the governing body to send or provide such notification
to the obligor within the 65 days shall be deemed to constitute approval
of the improvements and the obligor and surety, if any, shall be released
from all liability pursuant to the performance guaranty for such improvements.
F.
Conditions for acceptance of improvements. The approval of any application
for development 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 maintain or 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 complete and that they comply with the requirements of this chapter.
(2)
The final application for development shall have been approved by
the Land Use Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The owner shall have filed with the governing body a maintenance
guaranty in an amount equal to not more than 15% of the original estimate
of the cost of installing the improvements. The maintenance guaranty
shall run for a period of two years. The procedures and requirements
governing such maintenance guaranty shall be identical with the procedures
and requirements for a performance guaranty set forth in this chapter.
The requirements for a maintenance guaranty may be waived by the governing
body only 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.
G.
All inspections of sanitary sewer installations to be connected with
or become a part of the Township of Robbinsville Utilities Department
system must be inspected and approved, in writing, by the engineer
for said Utilities Department before the Township Engineer may certify
that improvements are complete. All notices given to the Township
Engineer's office relating to the inspection of sanitary sewers as
defined above shall be transmitted to the Utilities Department's engineer
by the Township Engineer, and the Utilities Department's engineer
shall be paid for his inspection work from any funds posted by any
developer for his work in inspecting and approving sanitary sewer
installations as defined herein.
H.
Notwithstanding any provisions set forth above concerning the responsibilities
of the Township Engineer with respect to installation of, location
of and inspection of sanitary sewer lines, the procedures set forth
below shall apply as follows:
(1)
All estimates for the cost of construction of sanitary sewer lines, if the same are part of the public improvements referred to in this § 142-85, shall be made by the engineer for the Township of Robbinsville Utilities Department and filed with the Township and the Township Engineer, which sums shall be included with and added to the Township Engineer's estimate for the cost of all other public improvements to be used in determining the amount of the performance guaranty to be posted, the cash deposit for inspections and tests and the maintenance bond made in favor of the Township of Robbinsville and the Township of Robbinsville Utilities Department where sewers are involved.
(2)
The Township of Robbinsville Utilities Department's engineer shall
inspect the installation of all sewer lines within a development or
Township right-of-way and the roadway backfill material up to two
feet above the pipe. The Township's Engineer will inspect the remainder
of the backfill in the public right-of-way.
(3)
The Township of Robbinsville Utilities Department's engineer will
certify to the Township of Robbinsville Utilities Department, the
Township and the Township's Engineer that the sanitary sewer line
was constructed in accordance with the Township of Robbinsville Utilities
Department's rules and regulations, including backfilling up to two
feet above the pipe and that the sanitary sewer main has been tested
and approved. The Township's Engineer will certify all other public
improvements to the Township and as to the sanitary sewer lines will
certify the proper location of the line and in any areas in public
rights-of-way which are to be paved, will certify that all backfilling
from two feet above the pipe to the surface was properly done.
(4)
Both the Township of Robbinsville Utilities Department's engineer
and the Township's Engineer will be paid from the same fund for inspection
fees held by the Township. The Township's Engineer will bill the Township
directly; the Utilities Department's engineer will bill the Utilities
Department, which will then bill the Township for reimbursement from
the fund held by the Township.
I.
The Robbinsville Township Land Use Board shall accept as final, subject
to the approval of the Township's Engineer, the Township of Robbinsville
Utilities Department's decision as to the location and specifications
with respect to any sewer lines in a proposed development.
[Amended 7-20-2022 by Ord. No. 2022-27]
J.
In the event that other public improvements or other utility lines
are constructed such that they encroach into the sanitary sewer trench,
the Township's Engineer shall certify that the area of encroachment
was backfilled properly and that the pipe was supported properly in
accordance with the Township of Robbinsville Utilities Department's
rules and regulations and any other law applicable.
K.
The general areas of the Township where sewer service will be provided
shall be established by joint agreement between the Township of Robbinsville
Utilities Department and the Township of Robbinsville, subject to
the rules and regulations of the County of Mercer, if any.
L.
Notwithstanding anything hereinbefore or hereafter stated in Subsections H, I, J, K and L, in all situations where sanitary sewer construction is included in a developer's plans, all bonds will name the Township of Robbinsville, a municipal corporation and the Township of Robbinsville Utilities Department jointly as obligees.
M.
Developer's agreement.
(1)
Prior to the signing and recording of final major subdivision plats
and as a condition of final site plan approval in the case of a site
plan, the developer shall enter into an agreement with the governing
body. This agreement shall be in a form that is acceptable to the
Township Attorney and one in which the developer agrees to abide by
the terms and conditions of the Board approval, construct the required
improvements in accordance with the approved plans, agree to maintain
the constructed improvements, including but not limited to streets
and roads, payment of streetlighting charges, snow removal, maintenance
of storm drainage, sewer and water facilities. The developer also
shall agree that, in the event the improvements are not maintained,
the Township can utilize the cash portions of the performance guarantees
to immediately attend to items presenting a safety hazard.
A.
Bonding. A person required to provide landscape architectural improvements
under this article shall furnish financial security in the form of
a bond, an irrevocable letter or credit, or other security approved
by the Township Attorney and filed with the Municipal Clerk in accordance
with the provisions of this section.
(1)
If, after two growing seasons, the landscape plantings meet or exceed
the standards of this section, the amount of the cash bond, surety
bond, or other security shall be returned.
A.
Inspections. Inspections of the landscape plantings by a certified
landscape architect or certified arborist shall be required. A report
listing deficiencies in the planning shall be issued within seven
days of the time of the inspection. The report shall list deficiencies
in the quantities, type of plants, placement, health, conformance
to American Standards for Nursery Stock guidelines, and planting practices.
The deficiencies must be corrected before the certificate of occupancy
is issued.
(1)
The Township shall conduct at least three field inspections of a
site subject to an approved landscape plan as follows:
(a)
The first inspection shall take place during plant installation
to determine whether proper planting practices are being followed.
Any deficiencies listed in the inspection report must be corrected
to the satisfaction of the inspector before the completion of the
planting activity.
(b)
The second inspection shall take place following completion
of all construction activities to determine the level of compliance
with the provisions of the landscape plan. Any deficiencies listed
in the inspection report must be corrected to the satisfaction of
the inspector before the release of the performance bond.
(c)
The third inspection shall take place at the end of the two-year
maintenance agreement. Any deficiencies listed in the inspection report
must be corrected to the satisfaction of the inspector before the
release of the maintenance bond.
C.
All plantings must be maintained for a period of two years from the
time of planting according to the maintenance specifications.
A.
Bonding. A person required to conduct afforestation or reforestation under this article shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Township Attorney and filed with the Municipal Clerk in accordance with the provisions of § 142-85 and all subsections.
(1)
One growing season after the installation of the afforestation or
reforestation plantings, the person required to file a bond may request
reduction of the amount of the bond or other financial security by
submitting a written request to the Municipal Clerk with a justification
of reducing the bond or other financial security amount, including
estimated or actual costs to ensure afforestation or reforestation
requirements are met.
(2)
The Department shall determine whether a lesser amount is sufficient
to cover the cost of afforestation or reforestation taking into account
the following:
(3)
If, after two growing seasons, the plantings associated with the
afforestation or reforestation meet or exceed the standards of this
section, the amount of the cash bond, surety bond, or other security
shall be returned.
A.
Inspections. Inspections of the plantings by a certified landscape
architect or approved forester shall be required. A report listing
deficiencies in the planting shall be issued within seven days of
the time of the inspection. The report shall list deficiencies in
the quantities, type of plants, placement, health, conformance to
American Standards for Nursery Stock guidelines, and planting practices.
The deficiencies must be corrected before the certificate of occupancy
is issued.
(1)
The Township shall conduct at least three field inspections of a
site subject to an approved forest conservation plan as follows:
(a)
The first inspection shall take place before a construction
activity begins to determine whether forest protection measures have
been installed and conservation areas are clearly marked on site.
Any deficiencies listed in the inspection report must be corrected
to the satisfaction of the inspector before the start of any construction
activity.
(b)
The second inspection shall take place following completion
of all construction activities to determine the level of compliance
with the provisions of the forest conservation plan. Any deficiencies
listed in the inspection report must be corrected to the satisfaction
of the inspector before the release of the performance bond.
(c)
The third inspection shall take place at the end of the two-year
maintenance agreement. Any deficiencies listed in the inspection report
must be corrected to the satisfaction of the inspector before the
release of the maintenance bond.
(2)
Other inspections or meetings shall be conducted if the Township
considers it necessary to carry out the provisions of this subsection.
B.
Minimum survival criteria for woodlands at the end of the maintenance
period are as follows:
(1)
One-hundred-percent survival of shrubs and trees installed at two
inches' caliper, 85% survival of trees installed at one-inch caliper,
and/or 75% of trees installed as whips (five-foot to six-foot height).
(2)
All surviving plant material must be in good health, and disease-
and pest-free.
(3)
There must be no evidence of exotic and invasive plant material.
C.
All plantings must be maintained for a period of two years from the
time of planting according to the maintenance specifications.
A.
Purpose. This section is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development
in accordance with N.J.S.A. 40:55D-39a and 40:55D-42.
B.
Principles of required improvements.
[Amended 7-20-2022 by Ord. No. 2022-27]
(1)
As a condition of preliminary minor or major land subdivision or site plan approval, the Land Use Board may require an applicant at the time of final minor or major subdivision or site plan approval to provide or to pay for the full cost of providing traffic circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development necessitated or required by the development in and of itself. "Off-tract" is defined in § 142-7 of this chapter as "not located on the property which is the subject of a development application nor on a contiguous or adjacent portion of a street or right-of-way."
(2)
As a condition of final minor or major subdivision or site plan approval,
the Land Use Board may also require an applicant to pay his/her pro
rata share of the cost of providing reasonable and necessary circulation
improvements, and water, sewerage, and drainage facilities, including
land and easements, located off-tract of the property limits of the
subdivision or development necessitated or required by the development.
"Necessary" improvements are those clearly, directly, and substantially
related to the development in question. The Land Use Board shall provide
in its resolution of approval the basis of the required improvements.
The capacity and design of proposed improvements shall be based upon
the Circulation Plan Element of the Robbinsville Township Master Plan
adopted on March 28, 1985, and as amended hereafter, the Rules and
Regulations of the Township of Robbinsville Utilities Department in
effect at the time of the approval and the Rules and Regulations of
the Garden State Water Company as may be applicable. The following
shall be considered in the determination of the full or the proportionate
or pro rata amount of the cost of such facilities within a related
or common area, including but not limited to a zone district, transportation
improvement district, special assessment or segment of the facility
affected by the development.
(a)
All cost allocations provided to the developer at the time of
final approval shall be estimates only. Such estimate(s) may change
as exact costing details become available. If, after the applicant
has made payment, subsequent costing details reveal that the estimates
exceed the costing details, the difference shall be refunded to the
developer. If subsequent costing details exceed the cost estimates,
the developer shall pay the difference within 45 days of written notice
of the same.
(b)
The extent of all future improvements shall be determined by
the governing body with recommendations by the Land Use Board in accordance
with a developer's agreement. Where more than one developer will provide
or share in the cost to provide future improvements, the extent of
such improvements shall be determined by the governing body with advisement
by the Land Use Board in accordance with individual developers' agreements.
C.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development in and of itself, and where no other property
owner(s) within a specified common area receive(s) a special benefit
thereby, the applicant may be required, at his sole expense and as
a condition of approval, to provide and install all such improvements.
(2)
Proportionate allocation. Where it is determined that properties
outside the development will also be benefitted by the off-tract improvement,
the following criteria shall be utilized in determining the proportionate
share of the cost of such improvements to the developer:
(a)
Allocation formula.
[1]
Sanitary sewers. The applicant's proportionate share of distribution
facilities, including the installation, relocation or replacement
of collector, trunk and interceptor sewers, appurtenances, any land
acquisition, and other related costs associated therewith, shall be
computed as follows:
[a]
The capacity and the design of the sanitary sewer
system shall be based on the Wastewater Management Plan in effect
for Robbinsville Township, Mercer County, New Jersey and the standards
specified in the Rules and Regulations of the Township of Robbinsville
Utilities Department.
[b]
The applicant and his engineer shall perform all
necessary investigation and design of a sanitary sewer main extension,
including the existing and reasonably anticipated peak-hour flows
as well as capacity limits of the affected sewer system, in accordance
with Township of Robbinsville Utilities Department requirements and
subject to approval by the Township of Robbinsville Utilities Department
engineer.
[c]
If the existing sanitary sewerage collection system
does not have adequate capacity to accommodate the applicant's flow
given existing and reasonably anticipated peak-hour flows, as well
as worst case conditions such as storm conditions at peak hours, the
pro rata share shall be computed as follows:
Total Cost of Enlargement or
Improvement Cost
|
=
|
Capacity of Enlargement or Improvement
(gallons per day-gpd)
| |
---|---|---|---|
Developer's cost
|
Development-generated gallons per day to be
accommodated by the enlargement or improvement
|
[d]
Development which cannot be accommodated by existing
or planned sewerage treatment facilities shall apply to the Township
of Robbinsville Utilities Department, in conjunction with Hamilton
Township, who shall determine whether expansion of treatment facilities
can be accomplished and, if so, the pro rata fair share for such expansion.
[2]
Water supply. The applicant's proportionate share of water distribution
facilities, including the installation, relocation, or replacement
of water mains, hydrants, valves, appurtenances, any land acquisition,
and other related costs associated therewith, shall be computed as
follows:
[a]
The capacity and the design of the water supply
system shall be based on the standards specified by the Garden State
Water Company, its successors or assigns.
[b]
The Garden State Water Company shall provide the
applicant with the existing and reasonably anticipated limits of the
affected water supply system in terms of average demand, peak demand,
and fire demand.
[c]
If the existing system does not have adequate capacity
as defined above and in conjunction with requirements established
by the Garden State Company to accommodate the applicant's needs,
the pro rata share shall be computed as follows:
Total Cost of Enlargement or
Improvement Cost
|
=
|
Capacity of Enlargement or Improvement
(gallons per day-gpd)
| |
---|---|---|---|
Developer's cost
|
Development-generated gallons per day to be
accommodated by the enlargement or improvement
|
[3]
Roadways. The applicant's proportionate share of street improvements,
street intersections near and far, alignment, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements covered elsewhere, the construction or reconstruction
of new or existing streets, other associated street or traffic improvements,
any land acquisitions, and other related costs shall be as follows:
[b]
The applicant shall provide the Township with a
report prepared by a traffic expert which sets forth the existing
and reasonably anticipated future peak-hour traffic for the off-tract
improvement(s), based on Institute of Traffic Engineers (ITE) Standards.
The Township shall reserve its right to provide its own analysis either
by retained professionals or special consultant.
[c]
The applicant shall furnish a scheme, prepared
by a traffic expert, for the proposed off-tract improvement which
shall include the estimated peak-hour traffic generated by the proposed
development and based on ITE Standards, the proportion thereof which
is to be accommodated by the proposed off-tract improvement. The cost
per peak-hour vehicle generated by the proposed development which
is to be accommodated by the off-tract improvement shall form the
basis of the proportionate share. The proportionate share shall be
computed as follows:
Total Cost of Enlargement or
Improvement Cost
|
=
|
Capacity of Enlargement or Improvement
(peak hour traffic)
| |
---|---|---|---|
Developer's cost
|
Development peak-hour traffic to be accommodated
by the enlargement or improvement
|
[d]
Existing roads contiguous to the property are the
sole responsibility of the developer who shall reconstruct such roadway
to the center line and extend all related utilities through the improved
section.
[e]
Reconstruction of existing Township roads on the
opposite side of the center line deemed necessary by the Township
Engineer to assure roadway safety shall be the responsibility of the
developer along undeveloped frontage. If the adjoining property is
developed within a period of 10 years, the developer shall be reimbursed
by the owner or developer of the adjoining or affected property for
cost of the widening beyond the center line. The cost of the reimbursement
shall be established at the time of initial construction of the improvement
as a portion of the performance bond.
[4]
Drainage improvements. The developer's proportionate share of
stormwater and drainage improvements, including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, riprap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities,
appurtenances, any land acquisition, and other related costs associated
therewith, shall be determined as follows:
[a]
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in § 142-35 of this chapter, 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 development and areas outside of the developer's
proposed development tributary to the drainage system shall be determined
by the developer's engineer subject to 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 calculated
by the Township Engineer. The pro rata share for the proposed improvement
shall be computed as follows:
Total Cost of Enlargement or
Improvement Cost
|
=
|
Capacity of Enlargement or Improvement
(cubic feet per second)
| |
---|---|---|---|
Developer's cost
|
Development-generated peak rate of runoff expressed
in cubic feet per second to be accommodated by the enlargement or
improvement
|
D.
Escrow accounts. Where the proposed off-tract improvement is to be
undertaken at some future date to be determined by the Township, the
monies required for the improvement shall be deposited in an interest-bearing
account to the credit of the Township in a separate escrow account
until such time as the improvement is constructed. The status of the
improvement shall be reviewed by the Township at a time not to exceed
10 years of deposit, for consideration of a refund if the improvement
is infeasible or unwarranted. The refund shall consist of the amount
deposited plus interest and minus 1% to be retained by the Township
for administrative expenses.
E.
Area stormwater detention option.
(1)
The developer may request or the Township may require participation
in a regional stormwater detention system instead of meeting the stormwater
detention obligation on site. A regional detention system which consists
of a detention basin for collective use by adjoining developments
shall be provided when adjoining projects have coincident applications
and construction schedules. The Land Use Board shall determine whether
the applicant must provide a detention system on site or participate
in the provision of a regional detention system with the developer(s)
of adjoining property/properties. The design of the basin shall be
the responsibility of the applicants and shall be approved by the
Township Engineer. The cost to design, construct and maintain the
basin shall be borne by the applicants. The developer shall provide
on-site temporary detention or shall provide for partial construction
of a regional detention facility to accommodate the needs of his development
until such time as the regional detention basin is required to be
completed in its final form.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
The Township may, upon recommendation by the Township Engineer, require
area-wide detention basins for undeveloped tracts of land adjacent
to or in close proximity to each other within a common area, including
but not limited to a drainage basin, drainage improvement area or
special assessment area. The location and design of an area-wide detention
basin(s) shall be the responsibility of the Township. The cost to
provide area-wide detention shall include costs for land, design,
construction, interconnection and maintenance as approved by the Township
Engineer. Developers of properties located within the specified drainage
area shall contribute a nonrefundable amount based on the cost to
provide on-site detention plus a pro rata amount for land acquisition,
interconnection and maintenance. The said amount shall be deposited
with the Township at final approval.
F.
Developer's agreement. As a condition of final approval, the developer
shall enter into a developer's agreement with the Township which shall
include the conditions, formulas and costs for all proposed off-tract
improvements.
G.
When it is determined that a proposed development will have an impact
upon the infrastructure of municipalities adjacent to Robbinsville
Township, in particular roadways, roadway intersections and stormwater
drainage, the applicant shall notify the governing body and Planning
Board of the adjacent municipality in order to determine the type,
extent and cost of improvements necessitated by the development and
to establish the fair share contribution and/or construction of the
required improvements. In the event that an agreement cannot be reached
with the adjacent municipality within a period of six months, the
applicant shall so notify the governing body and Planning Board for
determination of alternative designs to address the specific problem.
[Added 6-19-2019 by Ord.
No. 2019-15]
A.
Waiver
of sidewalk construction requirement. Whenever a developer within
the Township of Robbinsville is required by ordinance, statute or
stipulation of the Land Use Board to install sidewalks, the applicable
board may waive said sidewalk requirement at the request of the developer,
or on its own initiative.
[Amended 7-20-2022 by Ord. No. 2022-27]
B.
Payment
to Township of construction costs. Upon the granting of such a waiver,
the developer shall be required to pay to the Township of Robbinsville
an amount equal to the reasonable cost of installing said sidewalks,
said amount to be determined by the Township Engineer upon submission
and consideration of various estimates and other documentation from
the developer, other interested parties and the office of the Township
Engineer itself, taking into account factors such as the application
of prevailing wage requirements added to the Township's construction
costs.
C.
Maintenance
of funds; use of proceeds. All funds collected by the Township of
Robbinsville from developers as set forth above shall be maintained
in a Sidewalk Capital Construction Fund account which is hereby authorized
and created, the proceeds of which shall be made available to cover
any and all expenses related to the installation and/or repair of
sidewalks throughout the Township of Robbinsville where properly authorized
by the Mayor and Council.
D.
Assessments
for sidewalks. Nothing contained herein shall affect the right of
the Township of Robbinsville to enact ordinances requiring assessments
for sidewalks from property owners as authorized under N.J.S.A. 40:65-1
et seq. or other statutory rights granted to municipalities.
[Added 6-19-2019 by Ord.
No. 2019-16]
A.
Waiver
of tree and landscaping planting requirement. Whenever a developer
within the Township of Robbinsville is required by ordinance, statute
or stipulation of the Land Use Board to plant landscaping, including
trees, the Board may waive said landscaping planting requirement at
the request of the developer, or on its own initiative.
[Amended 7-20-2022 by Ord. No. 2022-27]
B.
Payment
to Township of landscaping and landscaping planting costs. Upon the
granting of such a waiver, the developer shall be required to pay
to the Township of Robbinsville an amount equal to the reasonable
cost of purchasing and planting said landscaping, said amount to be
determined by the Township Engineer upon submission and consideration
of various estimates and other documentation from the developer, other
interested parties and the office of the Township Engineer itself,
taking into account factors such as the type of landscaping to be
planted, the number of specimens to be planted, as well as the Township’s
planting costs.
C.
Maintenance
of funds; use of proceeds. All funds collected by the Township of
Robbinsville from developers as set forth above shall be maintained
in a Landscaping Planting Fund account which is hereby authorized
and created, the proceeds of which shall be made available to plant
landscaping throughout the Township of Robbinsville where properly
authorized by the Mayor and Council.