NOTICE OF PUBLIC HEARING
AN ORDINANCE OF THE TOWNSHIP OF WINSLOW AUTHORIZING THE GRANT OF A SANITARY SEWER EASEMENT ACROSS MUNICIPALLY OWNED PROPERTY FOR THE BENEFIT OF THE ROYAL RIDGE DEVELOPMENT, AUTHORIZING CONNECTION TO THE TOWNSHIP SANITARY SEWER SYSTEM, AUTHORIZING A UTILITY EASEMENT ACROSS CHEWS LANDING ROAD, AND RESERVING CERTAIN MUNICIPAL RIGHTS RELATING THERETO
WHEREAS, the Township of Winslow, a body corporate and politic of the State of New Jersey, with offices located at 125 South Route 73, Winslow Township, Camden County, New Jersey (the "Township"), owns and maintains certain municipal property and sanitary sewer infrastructure within the Township; and
WHEREAS, Hallmark Homes - Royal Ridge, LLC, having a principal business address of 865 Easton Road, Suite 320, Warrington, Pennsylvania 18976 (the "Developer"), is the owner and developer of certain real property located on Chews Landing Road and designated on the official Tax Map of the Township of Winslow as Block 1302, Lots 4, 5 and 7; Block 1303, Lots 4.01 and 9; and Block 2203, Lot 2, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the Property is being developed as the Royal Ridge development consisting of approximately five hundred thirty
(530) residential dwelling units, including two hundred fifty-four (254) attached townhouse units and two hundred seventy-six
(276) multifamily apartment units, together with associated site improvements and utility infrastructure; and
WHEREAS, the Developer has represented that a portion of the sanitary sewer collection system necessary to serve the Royal Ridge development must be installed across municipally owned property before connecting to an existing manhole and sanitary sewer facilities located at or near the intersection and bend formed by Ivy Lane and Ivy Hill Lane within the Township; and
WHEREAS, the Township Engineer has reviewed the proposed sanitary sewer alignment and has determined that the grant of a sanitary sewer easement across municipal property will not materially interfere with the Township's use and enjoyment of said property, provided that the facilities are constructed, operated, maintained, repaired, replaced, and relocated in accordance with Township requirements; and
WHEREAS, the Developer has also represented that in order to provide water service to the Royal Ridge development, a portion of the water infrastructure must be installed within Chews Landing Road (County RT 704), a County right-of-way under the jurisdiction of Camden County within which the Township retains authority to construct and permit utility improvements within Chews Landing Road; and
WHEREAS, the Township Council has determined that the grant of a sanitary sewer easement and utility easement will facilitate orderly development, promote the public welfare, and provide an appropriate means for the Royal Ridge development to connect to existing sanitary sewer infrastructure and water infrastructure while preserving the Township's long-term interests in the affected municipal property and County Right-of-way.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Winslow, County of Camden, State of New Jersey, as follows:
SECTION 1.
AUTHORIZATION OF SANITARY SEWER AND UTILITY EASEMENT.
The Township hereby authorizes the grant of a non-exclusive Sanitary Sewer Easement in favor of Hallmark Homes - Royal Ridge, LLC, its successors and assigns, across a portion of municipally owned property in a location substantially depicted upon plans reviewed and approved by the Township Engineer.
Furthermore, the Township hereby authorizes the grant of a non-exclusive Utility Easement in favor of Hallmark Homes - Royal Ridge, LLC, its successors and assigns, across a portion of Chews Landing Road in a location substantially depicted upon plans reviewed and approved by the Township Engineer.
The easements shall permit the installation, construction, operation, inspection, maintenance, repair, replacement, reconstruction, rehabilitation, upgrading, use, and removal of sanitary sewer and water mains, force mains, manholes, laterals, appurtenances, and related sanitary sewer and water facilities necessary to serve the Royal Ridge development.
SECTION 2.
CONNECTION TO TOWNSHIP SYSTEM.
The sanitary sewer easement shall permit the connection of the Royal Ridge sanitary sewer collection system to the Township's existing sanitary sewer infrastructure through an existing manhole and related facilities located at or near the bend formed by Ivy Lane and Ivy Hill Lane.
Such connection shall remain subject to all permits, approvals, inspections, testing requirements, construction standards, and acceptance requirements imposed by the Township, the Township Engineer, any municipal utility authority, and all governmental agencies having jurisdiction.
SECTION 3.
EXECUTION OF EASEMENT DOCUMENTS.
The Mayor and Township Clerk are hereby authorized and directed to execute, acknowledge, and deliver a Utility Easement and Maintenance Agreement and all ancillary documents necessary to implement this Ordinance, subject to approval as to form by the Township Solicitor and approval as to engineering matters by the Township Engineer.
The final easement shall contain a metes and bounds description and easement exhibit prepared by a licensed professional land surveyor.
SECTION 4.
DEVELOPER RESPONSIBILITIES.
The Developer and its successors and assigns shall be solely responsible for all costs associated with the design, permitting, construction, inspection, operation, maintenance, repair, replacement, rehabilitation, reconstruction, relocation, upgrading, and removal of the sanitary sewer and water facilities installed pursuant to the easement.
The Developer shall restore any municipal property disturbed by construction or maintenance activities to a condition equal to or better than that existing prior to commencement of such activities, as determined by the Township Engineer.
SECTION 5.
TOWNSHIP ACCESS RIGHTS.
The Township shall retain the perpetual right to enter upon the easement areas at reasonable times, or immediately in the event of an emergency, for purposes of inspection, monitoring, maintenance of municipal property, protection of public infrastructure, emergency response, enforcement of the easement, and verification of compliance with applicable laws and regulations.
SECTION 6.
PRIVATE OWNERSHIP; NO MUNICIPAL ACCEPTANCE.
Unless and until expressly accepted by Resolution of the Township Council, all sanitary sewer facilities installed pursuant to this easement shall remain private facilities.
No inspection, approval, permit issuance, connection authorization, operation, use, maintenance activity, or other action by the Township shall constitute an acceptance of ownership, maintenance responsibility, or operational responsibility for any sanitary sewer facilities constructed pursuant to this easement.
Formal acceptance, if any, shall occur only through a duly adopted Resolution of the Township Council expressly accepting such facilities.
SECTION 7.
NO MUNICIPAL MAINTENANCE OBLIGATION.
The Township shall have no duty or obligation whatsoever to own, maintain, repair, replace, reconstruct, inspect, monitor, operate, upgrade, or otherwise service any sanitary sewer or water facilities installed pursuant to this easement.
All such obligations shall remain solely with the Developer and its successors and assigns, including any homeowners' association, condominium association, management company, utility entity, or other responsible party.
SECTION 8.
RELOCATION FOR MUNICIPAL PURPOSES.
The sanitary sewer facilities located within the respective easement area shall be subordinate to the Township's legitimate governmental use of the property, interests and future municipal needs, subject to the continuity-of-service protections set forth in this Section.
Should the Township reasonably determine that relocation, modification, lowering, raising, removal, reconstruction, replacement, or adjustment of the sanitary sewer facilities is required to accommodate a bona fide municipal capital improvement project that cannot reasonably be accommodated through prudent engineering and design without such relocation, the Township may require the then-responsible party to relocate the affected facilities, subject to the following:
(a) Continuity of service. The Township shall not require, and the responsible party shall not be obligated to undertake, any removal or relocation of the facilities unless and until the Township has granted to the responsible party, at no cost, a substitute permanent easement across other municipal property in a location of substantially equivalent utility, sufficient to permit continuous, uninterrupted sanitary sewer service to the Royal Ridge development. No relocation shall be performed in a manner that interrupts sanitary sewer service to the development; the responsible party may keep the existing facilities in service until the replacement facilities are operational.
(b) Cost. Where the relocation is required to accommodate a Township or other governmental project, the cost of the relocation, including design, permitting, and construction, shall be borne by the Township. The responsible party shall bear such cost only to the extent the relocation is necessitated by a modification to the facilities requested by the responsible party for its own benefit.
(c) Notice and time to perform. Except in the event of a bona fide emergency, the Township shall provide the responsible party not less than one hundred twenty (120) days’ prior written notice, and shall afford a reasonable period thereafter to complete design, permitting, and construction of the relocation.
(d) Reasonable costs; cure. If the responsible party fails to undertake a relocation for which it is responsible within the time reasonably required, the Township may, after written notice and a thirty (30) day opportunity to cure (except in a bona fide emergency), perform or cause such work to be performed and recover the reasonable, documented, and actually-incurred costs thereof from the responsible party.
As used in this Section, “responsible party” means the owner or the homeowners’, condominium, or other association then responsible for the maintenance of the affected facilities, and the obligations of Hallmark Homes – Royal Ridge, LLC under this Section shall terminate as to any facilities upon conveyance or turnover of maintenance responsibility for such facilities to such successor party.
SECTION 9.
RUNNING WITH THE LAND.
The easement and all rights, obligations, restrictions, covenants, and conditions contained therein shall run with the land and shall be binding upon the Developer and all successors, assigns, owners, tenants, homeowners' associations, condominium associations, management entities, and all persons or entities claiming an interest in the Property.
The easement shall benefit the entirety of the Royal Ridge development, including all approved phases and future phases approved by the Township.
SECTION 10.
SELF-HELP RIGHTS AND COST RECOVERY.
If the Township determines that any sanitary sewer or water facility located within the easement areas presents a danger to public health, safety, welfare, environmental compliance, municipal infrastructure, or utility operations, and the responsible party fails to take corrective action within the time required by the Township, or immediately in the event of an emergency, the Township may enter upon the easement areas and undertake such corrective action as it deems necessary.
All costs incurred by the Township, including labor, materials, equipment, engineering fees, inspection fees, legal fees, administrative expenses, consultant costs, contractor charges, and collection expenses shall be reimbursed by the responsible party within thirty (30) days of written demand.
The Township may pursue all remedies available at law or in equity to recover such costs.
SECTION 11.
ABANDONMENT; TERMINATION OF EASEMENT.
If the sanitary sewer facilities installed pursuant to the easement are permanently abandoned, removed from service, replaced by alternate facilities, or otherwise determined by the Township Engineer to be unnecessary to serve the Royal Ridge development, the Township may declare the easement terminated in whole or in part; provided that facilities in active use serving the development shall not be deemed unnecessary.
Upon notice from the Township, the responsible party shall remove, cap, disconnect, secure, abandon, stabilize, or otherwise address the abandoned facilities in accordance with Township requirements and restore the affected municipal property.
Following satisfaction of all Township requirements, the Township Council may authorize the execution and recording of an easement termination or partial release.
The Township further reserves the right to terminate all or any portion of the easement whenever the Township reasonably determines that continued existence of the easement materially interferes with a bona fide municipal purpose; provided, however, that no such termination shall require or result in the removal or relocation of facilities then in active use serving the Royal Ridge development unless and until a substitute permanent easement has been provided, and continuous sanitary sewer service maintained, in accordance with Section 8(a) hereof.
SECTION 12.
NO PROPERTY INTEREST CREATED.
The easement granted pursuant to this Ordinance conveys only a non-exclusive easement interest for the purposes expressly stated herein, which easement shall be permanent and perpetual and shall run with the land for so long as the sanitary sewer and water facilities are used to serve the Royal Ridge development.
No fee interest, leasehold interest, development right, possessory interest, ownership interest, or other property right in municipal property is conveyed.
The Township expressly reserves all rights to use, improve, develop, maintain, lease, license, dedicate, convey, or otherwise utilize the municipal property in any manner not inconsistent with the temporary exercise of the easement rights granted herein or the continuity-of-service protections set forth in Section 8; and any lease, license, dedication, or conveyance of the municipal property shall be made subject to this easement.
SECTION 13.
INDEMNIFICATION.
To the fullest extent permitted by law, the Developer, for itself and its successors and assigns, shall indemnify, defend, and hold harmless the Township, its elected officials, officers, employees, agents, consultants, boards, commissions, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, penalties, judgments, and attorneys' fees arising out of or relating to the installation, construction, operation, maintenance, repair, replacement, relocation, reconstruction, ownership, or use of the sanitary sewer facilities installed pursuant to this easement, except to the extent caused by the gross negligence or willful misconduct of the Township.
SECTION 14. SEVERABILITY.
If any section, subsection, paragraph, clause, sentence, or phrase of this Ordinance is declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance.
SECTION 15. REPEALER.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 16.
EFFECTIVE DATE.
This Ordinance shall take effect upon final passage, publication, and filing as required by law.
Notice is hereby given that the foregoing Ordinance was introduced and passed upon first reading at a regular meeting of the Mayor and Township Committee of the Township of Winslow on the 21st day of July, 2026 , at 7:00 P.M., and the same was then ordered published according to law; and the same ordinance will be further considered for final passage during a meeting of the Mayor and Township Committee of the Township of Winslow to be held in the Mayor Dominic Maiese Municipal Complex, 125 S. Route 73, Braddock, New Jersey on August 18, 2026, commencing at 7:00 P.M., prevailing time, or at any time and place to which such meeting from time to time may be adjourned. All persons interested will be given an opportunity during said time to be heard concerning such Ordinance by order of the Mayor and Township Committee.
LISA L. DORITY, RMC
MUNICIPAL CLERK