[Adopted 7-1-1999 by Ord. No. 656-99; amended in its entirety 6-7-2018 by Ord. No. 12-18]
A.
The Township Administrator is authorized to promulgate rules and
regulations with respect to the allocation of sewer gallonage in accordance
with state law and any other applicable regulations, including those
of the Rockaway Valley Regional Sewerage Authority (RVRSA), if applicable.
B.
The sewer gallonage allocation process shall be managed to promote
the Master Plan of the Township of Mine Hill.
A.
The Township Administrator shall receive and supervise the receipt
of all applications for connection to sewers within the Township of
Mine Hill and shall be the administrative body, with the assistance
of the Township Zoning Officer, responsible for maintaining such records
on behalf of the Township.
B.
Any request to the Township for a sewer connection shall be on a
form promulgated by the RVRSA, with any additional information the
Township shall require. The application form shall contain such information
as will allow the Township to maintain accurate records as to the
amount of gallons allocated and the remaining available gallonage.
All approvals for gallonage connections are subject to approval
by the RVRSA and, if necessary, approvals of other governmental agencies,
including the New Jersey Department of Environmental Protection (DEP),
for such items as sewer extension permits, also known as the "treatment
works application (TWA)."
Except as provided below, all sewer gallonage allocation applications
must be approved by a resolution of the Township Council except that
the Administrator may approve sewer connections involving 1,000 gallons
or less per day (1,000 gpd).
A.
Any approval, once granted, shall become invalid at the expiration
of the following time periods measured from the date of the written
approval:
(1)
One year for individually owned single-family homes, unless substantial
construction of the home has commenced;
(2)
Eighteen months for minor subdivisions and minor site plans, unless
substantial construction of the minor subdivision has commenced;
(3)
Two years for major subdivision and major site plan, unless substantial
construction at the major subdivision and major site plan has commenced.
B.
The Construction Official of the Township of Mine Hill shall determine
if substantial construction has commenced.
C.
The application for sewer gallonage shall specifically state in bold
letters that, upon written approval, the applicant waives all claim
for extensions of the time periods listed above.
D.
The Township Council of the Township of Mine Hill shall have exclusive
authority to grant extensions of the time periods listed above. The
Township Council may also cancel previously granted extensions of
the above time periods, after notice to the holder of such an extension
and the opportunity for that holder to be heard.
The Township shall not consent to the issuance of a TWA sewer
extension permit by the NJDEP until and unless there is prior approval
of an appropriate gallonage allotment, pursuant to the terms of this
article.
All gallonage allocation approvals granted by the Township of
Mine Hill shall apply to a particular lot or lots and are not transferable
to other lots.
A.
Notwithstanding the provisions of § 425-5 above, the Administrator is authorized to approve phased allocations to developers which shall correspond with the projected phasing in, over time and/or in installments, of particular larger projects being considered and approved by the Township Planning Board, although such time periods would violate the terms of § 425-5.
B.
The Administrator shall have no authority to approve phased allocation
of sewer gallonage until the developer's proposal or project has,
at a minimum, conceptual approval from the Township Planning Board.
C.
This section shall be utilized at the sole discretion of the Township
of Mine Hill, and it shall not create for or award any developer or
builder any vested right, privilege or right in such phased allocation
of sewer gallonage.
The Township of Mine Hill shall, within the gallonage allocated
to it by the RVRSA, and at its sole discretion, take all reasonable
steps to ensure that sewer gallonage applications arising from existing
homes receive top priority.
