To meet New Jersey Department of Environmental
Protection regulations, the following shall constitute the interim
growth plan of the Township of Burlington for the controlled monitoring
of water and sewer facilities within the Township of Burlington.
A.
Reserve established.
(1)
Generally. The Township hereby declares that the following
system shall be used to allocate the water and sewer capacity for
treatment facilities of the Township.
(2)
Application procedures.
(a)
Application to be filed. All applicants seeking
to receive an assignment of capacity from the water and wastewater
treatment facilities of the Township.
(3)
Application and permit.
(4)
Loss of allocations. The Township reserves the right
to cancel an allocation made to an applicant where the Township determines
that at the end of one year from the date of the allocation less than
50% of the assigned EDUs have certificates of occupancy issued or
50% of the project assigned an allocation is not built, or at the
end of 18 months from the date of allocation, 75% of the assigned
EDUs do not have certificates of occupancy issued or 75% of the project
assigned an allocation is not built. In the event that the Township
finds that these facts occur and wishes to invoke the revocation provisions
under this chapter, it shall notify the applicant in writing of a
hearing. At the conclusion of this hearing, should the Township find
that the applicant has failed in good faith to proceed with this construction,
has materially misrepresented in his application his ability to proceed
with the allocation, or there appears to be no reasonable basis for
concluding that the applicant will be able to complete his allocation
within the two-year time period set forth above, the Township may
revoke the allocation of any EDUs for which a certificate of occupancy
has not been issued. Upon the loss of an allocation, the Township
will refund to the applicant all connection fees posted, without interest.
(5)
Reallocations. If at any time during the effectiveness
of this chapter there shall become available additional EDUs, said
units will be allocated within 90 days of certification by the Engineer
to the Township of their availability, utilizing the same rights and
procedures as set forth above.
(6)
Assignment/transfer. No transfer or assignment of
any allocation of EDUs of capacity hereunder shall be effective until
it has been reviewed by the Director of the Department of Public Works
for the Township of Burlington and approved by the Township Council.
Absent such approval, any such transfer or assignment of EDUs of capacity
reserved hereunder shall be null and void and of no legal effect.
The review of the Director of the Department of Public Works shall
be limited to a verification of the allocated EDUs for the developer's
project/site and proper utilization of the Township's treatment plant
and water system.
(7)
Repurchase. The Township may elect, at its sole option,
to repurchase EDUs of capacity. This repurchase shall be accomplished
by giving written notice to the record owner of the EDUs, stating
the Township's intention to repurchase said EDUs. At the time that
the Township tenders payment for the repurchase of the EDUs of capacity,
the said EDUs of capacity repurchased shall be null, void and of no
legal effect, and the Township shall be free to sell new EDUs of capacity
covering the capacity which had been reserved under the repurchased
EDUs of capacity.
(8)
Administrative fee. Upon a request for the assignment,
transfer or repurchase of EDUs of capacity in accordance with the
provisions of this chapter, the record owner of the EDUs of capacity
shall be responsible to pay an administrative fee to the Township.
This fee is intended to cover the various administrative and other
costs to the Township, including, but not limited to, the review,
analysis, and processing of the request by the Township staff and
professionals. The amount of the administrative fee shall be not less
than 10% of the costs for each EDU of capacity being assigned, transferred,
or repurchased, with the final fee to be determined based upon the
extent of the complexity of the issues involved with the individual
request being made by the record owner.
B.
Long-range growth management system. The Township
recognizes that the system of allocation set forth above does not
meet the needs of all applications within the community. The system,
however, is an attempt to establish a system in a rational fashion
for the betterment of the health, safety and welfare of the community
of a critical responsibility of the Township. The Township finds that,
in addition to the establishment of an allocation system, it is currently
in need of a growth management system to provide for the capital needs
of the anticipated maximum holding capacity of the Master Plan to
develop through time in order to ensure all holders of land and those
who desire to develop land in the community that the needs of their
applications will be met in a rational and substantial fashion. Under
this system, the Township will provide for the future development
in a fashion which will not unduly burden the existing and future
taxpayers of the community with the costs of development. At the same
time, each applicant may be assured that he will not be required to
pay more than his fair share of the cost of development.
Absent the presence of public water and/or sewer,
no application for development or use shall be allowed on a lot less
than one acre in size. This restriction is for the preservation of
the environment and the protection of the health, safety and welfare
of the inhabitants of the community.
