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.
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.
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.