[Adopted 4-1-1998 by Ord. No. 1998-07]
The following provisions are intended to establish an orderly policy and procedure for the repair of the Township of Lopatcong sewer system and an orderly policy and procedure for the allocation of resulting gallonage. The procedures established herein shall be implemented by the governing body of the Township which may promulgate specific regulations consistent with the terms hereof. The Township reserves the right to deny all applications for repair and make the repairs without aid from any applicant.
A. 
An applicant wishing to obtain sewer capacity from the Township of Lopatcong may make an application to the governing body of the Township of Lopatcong in order to make certain repairs to the Township of Lopatcong sewer system.
B. 
The application must contain the amount of sewage capacity requested and required for the proposed expansion or development. The Township Engineer shall review said application and establish the repairs and conditions to be met by the applicant. The repairs shall be the subject of a written agreement between the Township and the application and shall mandate payment of professional fees, escrow costs, bonding and other necessary expenses.
C. 
The applicant shall only be entitled to utilize the amount of sewage capacity applied for or required for the proposed expansion or development which shall not be in excess of his need based upon standards promulgated by the Department of Environmental Protection of the State of New Jersey and the Township Engineer. Any excess capacity shall belong to the Township of Lopatcong.
D. 
Upon completion of the repairs the Township Engineer shall determine the amount, if any, of sewage capacity created by the repairs based on a report, documents supplied by the applicants' professional and inspection of the same. The applicant shall have no input as to the amount of sewage capacity created, nor shall the applicant be entitled to obtain from the Township reimbursement for any costs for repairs or other related costs under any circumstances.
E. 
Upon determination of the sewage capacity produced, the applicant and the Township shall execute a second agreement to memorialize the completion of the project. In the event that any agreement is not executed, there shall be no use of any created sewage capacity.
F. 
The Township may elect not to review or accept any application for repair without cause or further review.
A. 
Requests to make repairs to the Township of Lopatcong sewer system to yield additional gallonage will be granted to relieve health or safety hazards within the Township of Lopatcong.
B. 
All health hazards shall be so certified by the governing body of the Township of Lopatcong.
C. 
Permission to make repairs and to receive an allocation of the created capacity will be valid for a period of 12 months from the date of the allocation, which period may be extended by the governing body in the event that the potential user of the capacity is not yet in a position to use the capacity, but has acted diligently.
A. 
Requests for permission to make repairs to the Township of Lopatcong sewer system to create capacity for existing users of the system in order to expand sites that are connected to the system, if such expanded or new uses advance the purposes of the Municipal Land Use Law,[1] will be given the next highest priority.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
The permission to make repairs to the Township sanitary sewer system as well as the accompanying allocation of capacity will be valid for the time period of any other municipal approvals obtained including subdivision approval, site plan approval or the issuance of a construction permit, which period of time may be extended by the governing body for good cause shown, if the applicant has acted diligently.
A. 
Request for permission to make repairs to the Township of Lopatcong sewer system to create capacity for existing users of the system in order to expand sites that are connected to the system, but which expanded or new uses do not directly advance the purposes of the Municipal Land Use Law,[1] shall be given the next highest priority.
[1]
Editor's Note: See Ch. 243, Zoning and Land Use.
B. 
The permission to make repairs to the Township sanitary sewer system as well as the accompanying allocation of capacity will be valid for the time period of any other municipal approvals obtained including subdivision approval, site plan approval or the issuance of a construction permit, which period of time may be extended by the governing body for good cause shown, if the applicant has acted diligently.
A. 
All other applicants requesting permission to make repairs to the Township of Lopatcong sanitary sewer system shall be given next highest priority.
B. 
The permission to make repairs to the Township sanitary sewer system as well as the accompanying allocation of capacity will be valid for the time period of any other municipal approvals obtained including subdivision approval, site plan approval or the issuance of a construction permit, which period of time may be extended by the governing body for good cause shown, if the applicant has acted diligently.
In the event that the governing body of the Township of Lopatcong, the Township of Lopatcong Construction Code Official or the Township of Lopatcong Engineer determines that an applicant has not commenced the necessary construction within the time for which the permission and accompanying allocation is valid, not to include any extensions of preliminary or final subdivision or site plan approval, or once commenced has not diligently pursued such construction, or that the applicant is violating any laws of the State of New Jersey or ordinance, rules and regulations or requirements of the Township of Lopatcong, the Township Construction Official or the Township of Lopatcong 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 guarantees of procedural and substantive due process.
A. 
It is recognized that this article shall be subject to application based upon the existence of an approved sewage repair plan previously adopted by the governing body.
B. 
In the event that no such plan exists or the repairs pursuant to such plan have been completed, the governing body shall not entertain any application under this article
This article shall not act to nullify any contributions or future contributions to off-site improvements as required by any governmental board of the Township of Lopatcong.