NOTICE OF PUBLIC HEARING
AN ORDINANCE OF THE TOWNSHIP OF WINSLOW ACCEPTING CERTAIN UTILITY AND EMERGENCY ACCESS EASEMENTS WITHIN THE ROYAL RIDGE DEVELOPMENT AND AUTHORIZING MUNICIPAL ACCESS, MAINTENANCE, REPAIR, REPLACEMENT, COST RECOVERY, AND LIEN ENFORCEMENT RELATED 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"), has jurisdiction over land development approvals and municipal infrastructure within its boundaries; 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 related site improvements and utility infrastructure; and
WHEREAS, certain water, sanitary sewer, stormwater, and related utility facilities serving portions of the Royal Ridge development are intended to remain privately owned and maintained by the applicable property owner, condominium association, homeowners' association, management entity, or other responsible party, as applicable (collectively, the "Responsible Party"); and
WHEREAS, the Township has determined that the public health, safety, and welfare require the Township to possess the ability to gain access to such privately maintained utility facilities in emergency situations and in circumstances where necessary maintenance, repair, replacement, or corrective work is not being timely or adequately performed by the Responsible Party; and
WHEREAS, the Developer has agreed to grant and convey to the Township certain Utility and Emergency Access Easements affecting the townhouse portion and multifamily apartment portion of the Royal Ridge development, respectively, substantially in the forms approved by the Township Solicitor and Township Engineer; and
WHEREAS, the Township Council finds that acceptance of such easements serves a valid public purpose and promotes the health, safety, and welfare of Township residents.
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.
ACCEPTANCE OF EASEMENTS.
The Township hereby accepts, subject to review and approval by the Township Solicitor and Township Engineer, the Utility and Emergency Access Easements granted by Hallmark Homes - Royal Ridge, LLC for the benefit of the Township over and across the portions of the Royal Ridge development identified therein, including the townhouse and multifamily apartment portions of the development.
The Mayor and Township Clerk are hereby authorized and directed to execute any documents necessary to effectuate acceptance and recording of said easements.
SECTION 2.
PURPOSE OF EASEMENTS.
The Utility and Emergency Access Easements shall provide the Township with the perpetual right, but not the obligation, to enter upon the easement areas and any reasonably necessary adjoining areas for purposes including, but not limited to:
- Inspecting utility infrastructure;
- Assessingtheconditionofwater,sanitarysewer, stormwater, and related utility facilities;
- Performing emergency repairs;
- Maintaining,repairing,reconstructing, rehabilitating, or replacing utility facilities;
- Correctingdeficienciesaffectingpublichealth, safety,welfare,environmentalcompliance,orutilityservice reliability; and
- Undertakinganyotherworkreasonablynecessaryto preserve or restore the proper operation of utility facilities serving the development.
SECTION 3.
FAILURE OF RESPONSIBLE PARTY TO PERFORM.
If the Township Engineer, Construction Official, Municipal Utilities Authority, Public Works Director, Business Administrator, or other authorized municipal official determines that:
- Anyutilityinfrastructuresubjecttotheeasements is not being maintained in a safe and proper condition;
- Necessary maintenance, repair, replacement, reconstruction,orcorrectiveworkisnotbeingperformed;
- Suchworkisnotbeingperformedinatimely, competent, or satisfactory manner;
- An emergency condition exists; or
- Delay in performing such work may adversely affect public health, safety, welfare, utility service, environmental compliance,ormunicipalinfrastructure,theTownshipmay,after providing such notice as it deems reasonably practicable under thecircumstances,enteruponthePropertyandperform,causeto be performed, or contract for such work as the Township determines necessary.
Except in the event of a bona fide emergency involving an imminent threat to public health or safety, the Township shall provide the Responsible Party not less than thirty (30) days’ prior written notice and a reasonable opportunity to cure before performing or contracting for any such work. In a bona fide emergency, the Township shall provide notice to the Responsible Party as soon as reasonably practicable after taking action.
SECTION 4.
RIGHT BUT NOT OBLIGATION.
Nothing contained herein or within the accepted easements shall be construed to impose upon the Township any duty or obligation to inspect, maintain, repair, replace, monitor, operate, or otherwise assume responsibility for privately owned utility facilities.
The rights granted herein and within the easements are discretionary and may be exercised by the Township in its sole judgment when deemed necessary to protect the public health, safety, and welfare.
SECTION 5.
REIMBURSEMENT OF MUNICIPAL COSTS.
The reasonable, documented and costs actually incurred by the Township arising from inspection, engineering review, legal services, administrative oversight, maintenance, repair, replacement, reconstruction, restoration, emergency response, contracting, labor, equipment usage, materials, environmental compliance, and related services performed pursuant to this Ordinance or the accepted easements shall be reimbursed to the Township by the Responsible Party.
Recoverable costs shall include, without limitation:
- Direct construction costs;
- Municipal labor and equipment charges;
- Engineering fees;
- Legal fees and costs;
- Administrative expenses;
- Consultant fees;
- Interest as permitted by law; and
- Collectioncostsandattorneys'feesincurredin enforcing reimbursement obligations.
SECTION 6.
ASSESSMENT AND LIEN.
In the event reimbursement is not paid within thirty (30) days following written demand by the Township, the unpaid amount shall constitute a municipal charge against the property or properties benefitted by the utility infrastructure and/or against the applicable homeowners' association, condominium association, property owners' association, or other Responsible Party; provided, however, that no such charge or lien shall attach to any individual residential lot or dwelling unit, or to any lot or unit then owned by Hallmark Homes – Royal Ridge, LLC and held for sale, on account of an association or apartment level obligation.
The Township is hereby authorized to:
- Fileandrecordamunicipallienaspermittedby New Jersey law;
- Institute legal proceedings to collect unpaid
amounts;
- Recover all costs of collection, including
attorneys' fees where permitted by law;
- Pursue any additional remedies available under statute,ordinance,contract,easement,developmentagreement, or common law.
Such lien shall remain in effect until satisfied and discharged in accordance with applicable law.
As used in this Ordinance, the “Responsible Party” for any facility means the owner or the homeowners’, condominium, or other association then responsible for the maintenance of that facility. The obligations of Hallmark Homes – Royal Ridge, LLC shall terminate as to any facility upon conveyance or turnover of maintenance responsibility for such facility to a successor Responsible Party, and no municipal charge or lien arising from acts or omissions occurring thereafter shall attach to any lot or unit then owned by Hallmark Homes – Royal Ridge, LLC.
SECTION 7.
NO WAIVER OF MUNICIPAL POWERS.
Nothing contained herein shall limit or impair the Township's authority under any applicable federal, state, county, or municipal law, regulation, ordinance, resolution, development approval, developer's agreement, maintenance guaranty, performance guaranty, easement, or other legal instrument.
The remedies set forth herein shall be cumulative and not exclusive.
SECTION 8. RECORDING.
The Utility and Emergency Access Easements accepted pursuant to this Ordinance shall be recorded in the Office of the Camden County Clerk and shall run with the land and be binding upon the Developer, all successors and assigns, any homeowners' association, condominium association, management entity, and all present and future owners of any portion of the Property.
SECTION 9.
SEVERABILITY.
If any section, subsection, paragraph, clause, or provision of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of the remaining portions of this Ordinance.
SECTION 10. REPEALER.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 11.
EFFECTIVE DATE.
This Ordinance shall take effect immediately 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