238-26 - 410 Main Settlement.pdf

than ten (10) residential units, Developer will be required to provide twenty percent (20%) of the actual residential units constructed as Affordable Units, subject to the fractional obligation provisions of Section 2.3. 3.4 Obligation to Refrain from Imposing Cost Generative Requirements The Township agrees that the Township will not impose standards and/or requirements that have not been agreed to by the Parties and would otherwise be considered cost generative, to the extent that Developer maintains the Affordable Units, which are specifically considered to be creditworthy under the Mount Laurel doctrine, entitling the Project to such protections. Therefore, the Township will not impose unnecessary cost-generative features/requirements pursuant to N.J.S.A. 52:27D- 304(v). 3.5 Obligation with Regard to Utilities The Township agrees to take all actions within its municipal authority, and to cooperate with all applicable utilities and agencies, to provide for and facilitate all utility connections and related off- site improvements required for the Inclusionary Project, including, without limitation, water, sanitary sewer, stormwater/drainage, electric, gas, and telecommunications, and shall issue all reasonable municipal consents and approvals necessary to do so, provided such consents and approvals are consistent with applicable law. Developer shall be responsible, at its sole cost and expense, for all required design, permitting, construction, installation, fees, and restoration associated with such connections, including securing any required third-party easements, unless the Parties expressly agree otherwise in writing. 3.6 Capacity Representation The Township represents that as of the Effective Date, and based solely on information reasonably available to the Township, the Township is not aware of a formal sanitary, sewer, or water moratorium / scare resource order presently applicable to the Property. ARTICLE IV – TOWNSHIP PLANNING BOARD (PLANNING BOARD) OBLIGATION 4.1 Obligation to Participate in Zoning Ordinance Approval with Reasonable Diligence After the introduction of the Rezoning Ordinance and the referral from the Township to

.1 Obligation to Participate in Zoning Ordinance Approval with Reasonable Diligence After the introduction of the Rezoning Ordinance and the referral from the Township to the Board referenced in Section 3.2, at the next regularly scheduled Board meeting, the Board shall make its recommendation to the Township. 4.2 Obligation to Process Developer’s Development Application with Reasonable Diligence The Planning Board shall diligently process Developer's development applications following 14