Whereas, in Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the adoption of Rules by the Council on Affordable Housing (COAH); and

Whereas, pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that were under the jurisdiction of COAH and that are now before a court of competent jurisdiction and have a court-approved spending plan may retain and spend nonresidential development fees collected in accordance with the approved spending plan;

Be it ordained by the Mayor and Township Council of the Township of Gloucester, Camden County, New Jersey, that Article IX, § 500-902 of the Code of the Township of Gloucester is hereby repealed and replaced to include the following provisions regulating the collection and disposition of mandatory development fees to be used in connection with the Township's affordable housing programs, as directed by the Superior Court and consistent with N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.

This section shall not be effective until approved by the court.

The Township of Gloucester shall not spend development fees until the court has approved a plan for spending such fees (spending plan).

Imposition of fees.

Eligible exactions, ineligible exactions and exemptions for residential developments.

Imposition of fees.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a construction permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The Construction Official responsible for the issuance of a construction permit shall notify the Township Tax Assessor of the issuance of the first construction permit for a development which is subject to a development fee.

Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed.

The Construction Official responsible for the issuance of a final certificate of occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Township of Gloucester fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).

Except as provided in § 500-902F(1)(c) hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the certificate of occupancy.

Appeal of development fees.

There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Township of Gloucester for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

In the event of a failure by the Township of Gloucester to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved spending plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the court; or for other good cause demonstrating the unapproved use(s) of funds, the court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Gloucester, or, if not practicable, then within the county or the housing region. Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The court may also impose such other remedies as may be reasonable and appropriate to the circumstances.

Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the court.

The expenditure of all funds shall conform to a spending plan approved by the court. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the court to address the Township of Gloucester's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of existing nonresidential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the court and specified in the approved spending plan.

Funds shall not be expended to reimburse the Township of Gloucester for past housing activities.

At least 30% of all development fees collected and interest earned on such fees shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal fair share plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of the median income for Housing Region 5, in which Gloucester is located.

The Township of Gloucester may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including its programs for affordability assistance.

No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program or a rehabilitation program.

The ability for the Township of Gloucester to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Compliance unless the Township of Gloucester has first filed an adopted Housing Element and Fair Share Plan with the court or with a designated state administrative agency, has petitioned for a judgment of compliance from the court or for substantive certification or its equivalent from a state administrative agency authorized to approve and administer municipal affordable housing compliance and has received approval of its Development Fee Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.

If the Township of Gloucester fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).

The Township of Gloucester shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its Judgment of Compliance, nor shall the Township of Gloucester retroactively impose a development fee on such a development. The Township of Gloucester also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.[1]

Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval, or as a condition of the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Township shall require and accept, in accordance with the standards as contained herein and for the purpose of assuring the installation and maintenance of any required certain on-tract or off-tract improvements, the furnishing of a performance guarantee. No plans will be signed by the Township Clerk and/or the appropriate administrative authority until and unless the required performance guarantee has been approved by the Township's Attorney and Engineer. Any such performance guarantee required by the Township shall be furnished in favor of the Township in an amount not to exceed 120% of the costs of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed.

The cost shall be determined by the Township Engineer according to the method of calculation set forth herein and in the Municipal Land Use Law, specifically N.J.S.A. 40:55D-53.4 et seq. The cost shall include the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalk, streetlighting, street trees, surveyor's, monuments (as shown on the final map and as required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2001, c. 217; or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8), water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

The Township shall require a safety and stabilization guarantee, in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. The safety and stabilization guarantee shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

The amount of the safety and stabilization guarantee shall be as follows:

In the event that the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by the existing performance guarantee.

The temporary certificate of occupancy guarantee shall include items such as, but not limited to, sidewalks, landscaping and street trees at subject property, roadway paving (including surface course) from the property to the fully improved roadway, water and sewer infrastructure from the property to an operating main, stormwater conveyance to serve property, and stormwater management structures/basins for the current project phase.

When uncompleted community facilities, such as recreation, are to be included in the temporary certificate of occupancy guarantee, it shall be required at the point of 50% occupancy of the development or phase.

The above items shall apply for both residential and nonresidential developments. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to § 500-903A, which correspond to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township upon completion of the list of outstanding items.

The developer shall post with the Township Council, prior to the release of the performance guarantee and/or the perimeter buffer landscape performance guarantee, a maintenance guarantee 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 § 500-904B.

The developer shall post with the Township Council, upon the inspection and issuance of final approval, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.

Preparation of estimate. An estimate shall be prepared by the Township Engineer or the developer's engineer and approved by the Township Engineer, setting forth all requirements for improvements as fixed by the Board and their estimated cost. The estimated cost of the installation of improvements determined by the Township Engineer shall be based on documented construction costs for public improvements prevailing in the general area of the Township.

Improvements to be guaranteed. "Improvement cost" as used in this section shall be defined to include construction and installation costs of those improvements defined in § 500-903A, 500-903B and 500-903C. Any improvements installed prior to the application for final approval that do not meet Township or New Jersey standards (N.J.A.C. 5:21-1 et seq.) shall be included in the performance guarantee.

Appeal of determination. 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 certified mail to the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the Township Council, he 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 guarantee.

The developer shall present two copies of each guarantee in an amount equal to the amount of the approved guarantee estimates for approval as to form and execution by the Township Solicitor.

The Township Solicitor shall forward his or her approval of the form of the performance guarantee for consideration for adoption by the governing body.

The obligor shall reimburse the Township for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of all improvements which fees shall not exceed the greater of:

Inspection escrow shall be calculated by the Township Engineer.

If the Township determines that the amount in escrow for the payment of inspection fees is insufficient, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer in accordance with N.J.S.A. 40:55D-53.4.

The performance guarantees shall be the approved performance guarantee estimates and as surety a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, an irrevocable letter of credit drawn on a banking or savings and loan institution located in and licensed to do business in the State of New Jersey or such other form of security as may be approved by the Township Solicitor, or cash, or a certified check shall be deposited with the Township of Gloucester by payment to the Township Treasurer. The performance guarantee in favor of the Township shall be in an amount not to exceed 120% of the cost of the installation and improvements. The Township Treasurer shall issue its receipt for such cash deposits and shall cause the same to be deposited in a bank named by the Township for this purpose to be retained as security for completion of all requirements and to be returned to the developer on completion of all required work and expiration of the period of maintenance guarantee or, in the event of default on the part of the subdivider, to be used by the Township of Gloucester 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 the obligation shall remain in full force and effect until such time as certification is received from the Township Engineer that the principal has met and complied with all specifications and requirements for which said cash or surety bond has been posted.

Ten percent of the amount of the approved performance guarantee estimates shall be deposited with the Township by the applicant in cash. The remaining 90% may be in cash, surety bond or other securities or guaranties approved by the Township Solicitor. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety may recite the foregoing provisions. The Township Engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal.

Irrevocable letters of credit shall include, but not be limited to, the following provisions:

Approvals and signatures. All required local, county and state approvals shall have been obtained, including both preliminary and final approval, if required, and all required signatures are obtained on the final plat and/or site plan, after review by the appropriate officials.

Notification of construction start. The Township Engineer shall be notified by the developer not less than three business days (excluding Saturdays and Sundays) in advance of the starting or restarting of site clearing, construction or other work.

Inspector to be present. Except where prior permission has been granted by the Township Engineer, no construction or work shall be performed unless the Township Engineer's inspector is present to insure satisfactory progress and completion of the construction.

Tax Map update for subdivisions.

Minor subdivision. In the case of a minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guarantee required by § 500-904. No construction shall be commenced until a revised plan is submitted and signed, incorporating all conditions of approval as above. The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work. Whether or not an inspection escrow is required, all site improvements under this subsection must be completed prior to the issuance of a certificate of occupancy, or within 120 days of a temporary certificate of occupancy if the performance guarantee covering the balance of the uncompleted improvements has been posted.

Relationship to UCC. The enforcement provisions of § 500-1101 shall be in addition to any other requirements of the Uniform Construction Code, as it may be amended or superseded, and the regulations promulgated pursuant thereto, governing construction permits. Nothing in this chapter shall relieve the developer or the contractors performing the work and construction from complying with all of the Uniform Construction Code requirements as enforced by the Township Uniform Construction Code Official.

Staging schedule. At the same time of providing a performance guarantee that developer shall submit a construction schedule for review and approval by the Township Engineer, establishing the scheduling and timing of installation of all improvements covered by the performance guarantee within a two-year period, unless an extended period has been approved by the Planning or Zoning Board. The approved schedule shall be required for the protection of the interest of the public and of the residents, occupants and owners of the proposed development in the total completion of the project.

Completion of improvements. Unless otherwise approved by the Planning or Zoning Board, based on the size of the development, or specific site conditions, or improvements proposed, said schedule shall provide for all improvements to be completed within a two-year period, the schedule shall be based on the performance guarantee estimate, as prepared by the Township Engineer at the time of final approval, in relation to the proposed number of construction permits for the project, and shall require at a minimum that prior to the time that 75% of the construction permits are issued for the project, 75% of the improvements as set forth in the performance guarantee estimated shall be installed, inspected, and the performance guarantee reduced in that amount by the governing body.

Completion of improvements by plat section. In the event that final approval is granted by sections, then the provisions of § 500-905D(1), hereinabove, shall apply by sections. Prior to the granting of final approval for a subsequent section of the project, the Planning Board may require:

Failure to meet schedule. At any time that the developer is not in compliance with the schedule required pursuant to this subsection, the governing body, at the request of the Planning Board, or upon its own motion based on information submitted by the Township Engineer, may order that the issuance of any further construction permits be suspended until certain, specified improvements are completed and certified by the Township Engineer as complete. The suspension of permits may be pursued independently or in conjunction with a formal declaration of default and action against the developer's performance guarantee pursuant to § 500-814E for projects that received final approval prior to the effective date of this chapter, but are still under construction at the time of adoption hereof, the provisions of this subsection shall apply and construction permits may be withheld and/or default declared if the Township Engineer reports that the developer has received final approval in new sections and the improvements have not been completed in prior sections in which certificates of occupancy have been issued.

Conveyance of public easements and open space. Prior to the approval by the governing body of the final reduction and release of the performance guarantee, all easements and open space shall be conveyed to the Township, or such other guarantee, as specified on the final plat, by deed continuing a metes and bounds legal description.

Extension of time of installation of improvements. The time allowed for installation of the improvements for which a performance guarantee has been provided may be extended upon approval by the Township Engineer and Director of Community Development and Planning of a new schedule not to exceed a two-year period or less depending on the extent of improvements to be completed. As a condition or part of any such extension, the amount of any performance guarantee may be increased or reduced, as the case may be, to an amount not to exceed 120% of the current cost of the remaining construction and improvements to be installed. This provision does not remove the ability of the governing body, upon its own motion, or upon information from the Township Engineer or Director of Community Development and Planning to require a developer to address their schedule of installation of improvements or failure to meet the schedule of improvements.

After completion of construction of the improvements covered by the performance guarantee, and prior to final acceptance by the Township of any improvements, the developer shall cause the approved, final development plans and profiles to be updated to show as-built conditions. Unless specific items are waived by the Township Engineer, an as-built plan shall be submitted which indicates the constructed conditions and/or location of:

Three sets of record prints shall be furnished; two to the administrative officer and one to the Township Engineer. As-built plans shall be signed and sealed by a professional engineer or land surveyor, as the case may be, of the State of New Jersey.

Upon 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 improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all improvements of which such notice shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The Township Engineer shall certify the amount to be reduced, if any, as follows:

The Township Engineer shall forward copies of his report to the governing body, Township Solicitor, and the developer.

The governing body shall either approve, partially approve, or reject the improvements on the basis of the report of the Township Engineer, and shall notify the obligor in writing, of the contents of said report and the action of said approving authority in relation thereto, not later than 65 days after receipt of the notice from the developer of the completion of the improvements. Where partial approval is granted, the developer shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure a provision of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Providing a request is made for a reduction in conformity with this chapter, failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the developer of surety, shall be released from all liability pursuant to such performance guarantee for such improvements.

If any portion of the required improvements are rejected, the Township Engineer and such other individuals as designated by the Mayor shall prepare a punch list of the items remaining to be completed, whether they are newly created as a result of construction practices. A new estimate for the cost of completing items rejected and the balance of all other improvements shall be prepared. The performance guarantee shall not be reduced below the estimate of the amount deemed necessary to complete the items as identified on the punch lists, and if the performance guarantee balance is below said amount, an additional performance guarantee shall be posted in the amount of the new estimate. Unless otherwise recommended by the Township Engineer, the developer shall have 120 days to reduce the punch list to a condition suitable for a final inspection, at which time the same procedure of notification as set forth above for reduction shall be followed.

If the required improvements are not completed or in accordance with the performance guarantee, the obligor and surety, if any, under the performance guarantee shall be liable thereon to the Township for the cost of the improvements not completed or corrected, and the Township may, either prior to or after receipt of the proceeds thereof, complete the improvements. For purposes of this subsection, "default" shall mean failure to install the improvements in accordance with Township standards of construction, including but not limited to failure to install the improvements:

Basis for action. The Township Engineer's certification that the developer has defaulted in compliance with the required standard of construction and installation of improvements shall be the basis for governing body action which rejects the improvement, withholds approval, withholds construction permits, or formally declares default and authorizes collection on the performance guarantee.

The Township Engineer shall have certified in writing to the governing body that all of the improvements are complete and that the improvements are complete and that the improvements fully comply with the requirements of this chapter and any approval granted pursuant thereto.

A maintenance guarantee has been posted and approved in accordance with § 500-904D.

As-built plans have been submitted in accordance with § 500-905E.

Submission of a complete application for a publicly dedicated street upon forms provided by the Township Clerk.

A report from the Township Engineer recommending release of the performance guarantee.

An as-built plan as per § 500-905E, As-built plans.

A deed of dedication of the parcel acceptable to the Township Solicitor and in a recordable form, including the following minimum requirements:

The Township shall accept responsibility for the costs of streetlighting on publicly dedicated streets within 30 days upon written notice when the following conditions have been fulfilled by the developer:

Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the Township.

Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in § 500-906C, above, the applicant shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including, but not limited to, gallonage, cubic feet per second, and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures, and calculation used in the determination of off-tract costs shall be memorialized in a municipal developer's agreement to be reviewed and approved by the Township Solicitor who may request advice and assistance from the Planning Board Solicitor.

Future developers benefitting from the excess capacity provided by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment plus a 2% administration fee to the Township, not to exceed $2,000, at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer within 90 days of such payment.