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.
[Added 8-8-2001 by Ord. No. 2001-24]
An owner, developer, contract purchaser, or
any other individual or entity owning or to own a real property in
the Township shall not be entitled to obtain or attempt to obtain
a sewage allocation the source of which is outside the allocation
to Lopatcong Township.