[Adopted 3-20-1991 by Ord. No. 1991-2]
A. 
Pursuant to an administrative consent order issued by the New Jersey Department of Environmental Protection, In the Matter of the Town of Phillipsburg Sewer Treatment Plant, on April 4, 1988, the Phillipsburg Sewer Treatment Plant improvements shall be completed by February 28, 1992, at which time the Department of Environmental Protection is expected to end the existing sewer moratorium. At that time, the Town of Phillipsburg, by agreement dated June 21, 1988, has agreed to allocate 212,000 gallons per day of capacity to the Township of Lopatcong.
B. 
The following provisions are intended to establish an orderly policy and procedure for the allocation of this gallonage to users in the Township of Lopatcong. The procedures established herein shall be implemented by the governing body of the Township which may promulgate specific regulations consistent with the terms hereof.
C. 
The wastewater management plan covering the Township of Lopatcong disaggregates projected wastewater flows by land use based upon current zoning. In order to insure the orderly, balanced development of the Township of Lopatcong in accordance with the Master Plan and Zoning Ordinance, available sewer capacity shall be allocated in a manner that maintains the relative proportions of residential, commercial and industrial development set forth in the current wastewater management plan.
[Added 12-5-2001 by Ord. No. 2001-40]
A. 
Requests for an allocation of gallonage to relieve health hazards within the Township of Lopatcong shall be given highest priority.
B. 
All health hazards shall be so certified by the governing body of the Township of Lopatcong.
C. 
The governing body shall have the right, in emergency situations, to allow a connection to be made to the sanitary sewer system immediately to eliminate a threatening health hazard.
D. 
All allocations made in this capacity shall be valid for a period of six months from the date of the allocation, which period may be extended by the governing body for good cause shown.
A. 
Requests for gallonage for which valid outstanding court orders exist allocating said gallonage or for which valid construction permits have been approved by the Township of Lopatcong and the New Jersey Department of Environmental Protection (NJDEP) shall be given next-highest priority.
B. 
All committed flow allocations shall be valid for the time periods as set forth in the court order or in accordance with any construction permit issued. Any allocation of gallonage granted under a court order which expires shall lapse.
C. 
The governing body of the Township of Lopatcong may entertain requests for extension of time to utilize the gallonage.
A. 
The general gallonage pool shall be utilized for new construction within the Town of Lopatcong.
B. 
All applications for gallonage as set forth below shall be made to the governing body of the Township of Lopatcong on forms provided by the Township Clerk. Complete application shall be placed in the following categories by the Township Clerk and handled as set forth within said category:
(1) 
Applications where no NJDEP construction permits or permits to operate (NJDEP permits) are necessary and where no Planning Board or Board of Adjustment approval is necessary. The allocation shall be granted by the governing body upon the applicant's submission of adequate proof to the Zoning Officer that the lot in question is a conforming, buildable lot. The allocation shall remain valid for 12 months, at which time it shall be automatically revoked if a certificate of occupancy has not been issued for the construction.
(2) 
Applications where NJDEP permits are necessary but no Planning Board or Board of Adjustment approvals are necessary. The allocation shall be granted by the governing body and shall be valid for a period of 12 months, within which time the applicant shall obtain the necessary NJDEP permits. If the NJDEP permits are not obtained within said twelve-month period, the allocation shall lapse. If the requisite NJDEP permits are issued within said twelve-month period, the allocation shall be valid for a period coincident with the period of validity of the NJDEP permit.
(3) 
Applications which require approval of the Planning Board or Board of Adjustment but no NJDEP permits are necessary.
(a) 
Minor subdivisions. Application shall be made to the governing body after receipt of minor subdivision approval. Upon perfection of the minor subdivision, in accordance with N.J.S.A. 40:55D-47, the allocation shall become permanent. If the minor subdivision is not perfected within a period of 12 months from the date of receipt of the allocation, the allocation shall lapse.
(b) 
Major subdivision or site plans. Applications shall be made to the governing body only after preliminary approval is given to the major subdivision or site plan. The allocation shall be granted by the governing body and shall be valid for the period of validity of the preliminary approval. The allocation shall become permanent upon the granting of final major subdivision approval or upon the issuance of a certificate of occupancy for the building constructed in accordance with the site plan.
(c) 
Variances from the Board of Adjustment. Applications shall be made to the governing body only after the granting of the variance by the Board of Adjustment. The allocation shall be valid for the period of validity of the variance or for 12 months from the granting of the variance, whichever is greater.
(4) 
Applications which required both NJDEP permits and Planning Board or Board of Adjustment approval.
(a) 
All applications shall be made only after approvals are granted by the Board of Adjustment or Planning Board to the governing body.
(b) 
The allocation shall be granted by the governing body and shall be valid for a period of 12 months to allow the applicant to obtain the NJDEP permits. If the NJDEP permits are not obtained within said twelve-month period, the allocation shall lapse. If the NJDEP permits are received by the applicant within said twelve-month period, then the allocation shall be valid for the period coincident with the validity of the NJDEP permit or for the period of validity as set forth below, whichever is greater:
[1] 
Minor subdivision. Upon perfection of the minor subdivision, the allocation shall become permanent.
[2] 
Major subdivision or site plans. The allocation shall be valid for a period coincident with the period of validity of the preliminary approval. The allocation shall become permanent upon the granting of final major subdivision approval or upon the issuance of a certificate of occupancy for the building constructed in accordance with the site plan.
[3] 
Variances from the Board of Adjustment. The allocation shall be valid for the period of the validity of the variance or 12 months, whichever is greater.
In the event that the governing body, the Township Construction Code Official or the Township Engineer determines that an applicant has not commenced the necessary construction within the time period for which the allocation is valid, not to include any extensions of preliminary or final approval or once commenced has not diligently pursued said construction, or that the applicant is violating any material laws of the State of New Jersey or ordinances, rules and regulations or requirements of the Township of Lopatcong, the Township Construction Code Official or the Township Engineer shall request the governing body of the Township of Lopatcong to revoke said allocation. The affected applicant, on at least 30 days' prior written notice, shall be entitled to a hearing before the governing body prior to any such revocation. The hearing shall be held before the governing body of the Township of Lopatcong, and the affected applicant shall be entitled to be represented by counsel and shall further have the right to call witnesses and shall be entitled to all guaranties of procedural and substantive due process.
Nothing in this article shall be interpreted to eliminate the need for any required approval of the Town of Phillipsburg as required under the agreement dated June 21, 1988, between the Town of Phillipsburg and the Township of Lopatcong.
[Amended 10-7-1998 by Ord. No. 1998-30]
A. 
The governing body of the Township shall have the authority to purchase sewage capacity on behalf of Lopatcong Township from the Town of Phillipsburg and adjacent municipalities serviced by the sewage treatment plant of the Town of Phillipsburg.
B. 
Any applicant/owner of real property proposing development in the approved sewer service area and in need of sewerage capacity in Lopatcong Township shall be entitled to purchase from the Township of Lopatcong any such sewage purchased from the Town of Phillipsburg.
C. 
The priority for receiving any sewage capacity purchased by Lopatcong Township shall be on the same basis as stated in § 183-14 of this chapter.
D. 
Any applicant who has not qualified under § 183-14 shall be entitled to make application for sewage capacity but shall be subject to the priorities as contained in § 183-14 of this chapter.