Township of Manchester, NJ Chapter 80 Water and Sewer Utilities

[HISTORY: Adopted by the Township Council of the Township of Manchester as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 110.

Water and sewer — See Ch. 430.

Article I Water Utilities

[Adopted by Ord. No. 93-190 (Sec. 20-1 of the 1996 Revised General Ordinances); amended in its entirety 4-14-2014 by Ord. No. 14-007]

§ 80-1 Established.

A. Pursuant to the Local Budget Law, N.J.S.A. 40A:4-1 et seq., separate water utilities are established in the Eastern and Western Service Areas in the Township and the same shall be known and cited as the "Manchester Township Water-East Utility and the "Manchester Township Water-West Utility" (the "Water-East Utility" and "Water-West Utility" or collectively, "Water Utilities").

B. The Water-East Utility commenced as of the dissolution of the Manchester Township Municipal Utilities Authority in accordance with N.J.S.A. 40A:5A-20, or at such other time as was deemed appropriate.

C. The Water-West Utility commenced as of the purchase of the assets of Crestwood Village Water Company.

§ 80-2 Appropriations; accounting procedures.

A. The Water Utilities' budgets shall set forth the appropriations in the form and the detail prescribed by the regulations of the Township and may include:

(1) Operations;

(2) Interest and debt retirement; and

(3) Deferred charges and statutory expenditures.

B. The Township officers and employees are directed and empowered to adopt accounting procedures consistent with this section and the aforesaid statutes in connection with the creation of the Water Utilities.

§ 80-3 Governing authority.

A. The Water Utilities shall be governed by the governing body of the Township.

B. All matters with respect to the operation and the conduct of the Water Utilities not determined by this section shall be determined by the Mayor.

§ 80-4 Budget preparation.

The Chief Financial Officer of the Township is authorized and directed to prepare budgets for the Water Utilities in preliminary form.

Article II Sewer Utilities

[Adopted by Ord. No. 93-191 (Sec. 20-8 of the 1996 Revised General Ordinances); amended in its entirety 4-14-2014 by Ord. No. 14-007]

§ 80-5 Established.

A. Pursuant to the Local Budget Law, N.J.S.A. 40A:4-1 et seq., separate sewer utilities are established in the Eastern and Western Service Areas in the Township and the same shall be known and cited as the "Manchester Township Sewer-East Utility" and the "Manchester Township Sewer-West Utility" (the "Sewer-East Utility" and "Sewer-West Utility" or collectively, "Sewer Utilities").

B. The Sewer-East Utility commenced as of the dissolution of the Manchester Township Municipal Utilities Authority in accordance with N.J.S.A. 40A:5A-20 or at such other time as was deemed appropriate.

C. The Sewer-West Utility commenced as of the purchase of the assets of Crestwood Village Sewer Company.

§ 80-6 Appropriations; accounting procedures.

A. The Sewer Utilities' budgets shall set forth the appropriations in the form and the detail prescribed by the regulations of the Township and may include:

(1) Operations;

(2) Interest and debt retirement; and

(3) Deferred charges and statutory expenditures.

B. The Township officers and employees are directed and empowered to adopt accounting procedures consistent with this section and the aforesaid statutes in connection with the creation of the Sewer Utilities.

§ 80-7 Governing authority.

A. The Sewer Utilities shall be governed by the governing body of the Township.

B. All matters with respect to the operation and the conduct of the Sewer Utilities not determined by this section shall be determined by the Mayor.

§ 80-8 Budget preparation.

The Chief Financial Officer of the Township is authorized and directed to prepare budgets for the Sewer Utilities in preliminary form.

§ 80-9 Method of calculation and requirement for payment of unit reimbursement amount.

[Added 7-8-2019 by Ord. No. 19-023]

A. All terms and conditions set forth in the aforementioned agreement entered into by and between the Township and Jackson Trails, LLC, dated June 10, 2019, are incorporated herein by reference as if set forth more fully herein and repeated at length. A copy of the aforementioned agreement is on file with the Township Clerk at the Municipal Building in Manchester Township, New Jersey, and can be reviewed during normal business hours.

B. In accordance with the aforementioned agreement, all developers of property in the service area, except for those who are exempted herein and in the aforementioned agreement, are required to pay a "unit reimbursement amount" in order to partially repay developer for monies paid by developer to provide for the construction of the water and sewer facilities which are referenced in the aforementioned agreement. The intent of assessing all developers in the service area the unit reimbursement amount is to reimburse and repay developer excess monies paid by developer for the oversizing of the water and sewer facilities, while not imposing on the Township in any manner any obligation whatsoever to developer to pay for or accept any financial responsibility for those payments made by developer to over-size the water and sewer system.

C. Every developer (other than as provided for in the aforementioned agreement) of any property located within the service area shall pay to developer, via the Township, an amount calculated by multiplying the unit reimbursement amount in accordance with the example, and not by way of limitation, set forth in Paragraph 5 of the agreement, $3,500 in principal for the cost of the sewer improvements and $900 in principal toward the cost of water improvements (no interest will be charged) by the number of units which attain major subdivision or site plan approval in the Township. Said payments shall act as reimbursement against the developer's reimbursable amount.

D. The amount of the total reimbursement due to the developer will be determined in accordance with Paragraph 4 of the agreement, only for those costs defined as "reimbursement amount."

E. The Township is under no obligation to pay to the developer any of the Township funds in order that the developer will recoup in full the reimbursement amount as defined in the agreement. All such payments shall come from other developers, pursuant to the provisions of the agreement. The amount to be reimbursed to the developer will not exceed the reimbursement amount as defined in Paragraphs 4 and 5 of the agreement. Developer, in accordance with the agreement, may be reimbursed by various methods, all of which are specified in the agreement, including, but not limited to, a reimbursement from other devleopers within the service area on a pro rata basis, thereby requiring each developer to pay its pro rata share for construction of the over-sized pump station facility.

F. Water and sewer connection fees paid by other developers to the Township in accordance with Township Sewer and Water Facility Rules and Regulations shall be retained by the Township and not credited to developer, all in accordance with provisions of Paragraph 6.02 of the agreement.