Township of Chesterfield, NJ Sewage Collection and Treatment Franchise

Editor's Note: Said Schedule A is on file in the township offices.

The consent granted by the municipality is nonexclusive and is subject to the following conditions which, should they not be fulfilled, the consent shall be invalid and of no force and effect:

This ordinance shall be valid for a period not to exceed five years from the effective date hereof, upon the conclusion of which period, in the event that all conditions of this ordinance are not fulfilled and/or the time frame is not otherwise extended by the governing body, the ordinance shall be deemed to be invalid and of no force and effect and shall be repealed by the governing body.

Applied Watershed Management L.L.C. agrees not to submit this ordinance to the State of New Jersey, Board of Public Utilities (BPU), for any approval unless and until all conditions contained herein are met, which accomplishment shall be signified by correspondence from the governing body to Applied Watershed Management L.L.C. that it may submit the ordinance to BPU for approval.

Applied Watershed Management L.L.C. shall have the right to utilize this ordinance as evidence to prospective customers located within the sewage service area that it has the township's consent, subject to said conditions, to undertake the expansion, construction, extension and maintenance of a sewage collection system and sewage treatment facilities for customers located within the sewage service area.

Prior to this ordinance becoming effective and as a condition to its validity, Applied Watershed Management L.L.C. shall submit to the Township Committee its estimate for the overall costs to develop a sewage collection system and sewage treatment facilities to encompass the sewerage service area of the municipality. Said submission shall also include the estimated number of users for the system, the estimated system development fee to be assessed to each user and the estimated monthly charge to be charged to each user. In the event that the township feels that said estimates are excessive and/or unacceptable for the residents of the sewerage service area of the municipality, it shall so advise Applied Watershed Management L.L.C. who shall have the right to then submit revised figures. In addition, Applied Watershed Management L.L.C. will include in said submission a proposal regarding the payment of a system development fee by users, particularly its willingness and ability to offer interest free loans to those users as well as grace periods allowing additional time to make connection to certain users, such as those who have recently installed private septic systems. In the event that the township does not accept or approve the estimates submitted by Applied Watershed Management L.L.C., for whatever reason, Applied Watershed Management L.L.C. shall not have any right to rely upon this ordinance or the consent granted herein and shall have no recourse against the township for repealing said ordinance. Conversely, should the parties reach agreement regarding the costs described above and should all conditions of this ordinance be met, then this ordinance shall remain in full force and effect, and the Township Committee shall forward the correspondence to Applied Watershed Management L.L.C. which will allow it to submit this ordinance to the BPU for approval.

It is expressly understood and agreed between the township and the prospective franchisee that the area shown on Schedule A[1] as to the prospective sewer service area is coterminous and geographically identical to the area proposed to serve as the receiving zone under the township's anticipated Transfer of Development Rights (TDR) Ordinance. The purpose behind the grant of this conditional consent is intricately and integrally related to the future enactment of a TDR Ordinance or its like. Therefore, in the event that an ordinance adopted pursuant to N.J.S.A. 40:55D-113 et seq., or some similar enabling legislation, is not enacted by the Township Committee, then and in that event, this ordinance shall have no force and effect. Notwithstanding the same, the prospective franchisee shall be free to submit a revised proposal to provide sewage service facilities in Chesterfield Township. It is expressly recognized that in the event that a TDR Ordinance is not enacted, then the area contemplated to be serviced by a sewer franchise would likely be reduced.

[1]

Editor's Note: Said Schedule A is on file in the township offices.

Applied Watershed Management L.L.C. agrees that it shall not enter into any contract with the State of New Jersey, Department of Corrections, regarding the operation and/or purchase of the existing wastewater facilities at the Albert C. Wagner Youth Correctional Facility which would create reliance upon the consent granted herein without first complying with all other provisions of this ordinance obtaining the written consent of the Township Committee.

As a condition to this ordinance and the conditional consent granted herein, the applicant shall report quarterly to the Township Committee regarding its progress in bringing this franchise to fruition, including but not limited to reports regarding negotiations with the State of New Jersey, Department of Corrections, relating to the Albert C. Wagner Youth Correctional Facility Sewerage Treatment Plan; its efforts to secure approvals from the State of New Jersey, Department of Environmental Protection; its efforts to seek approval from the State of New Jersey, Board of Public Utilities; and any and all other efforts undertaken by the prospective franchisee to develop the sanitary sewerage system contemplated herein. Except as otherwise limited by attorney/client privileges, the prospective franchisee shall forward copies of all correspondence between it and appropriate state agencies relating to its efforts to develop a sanitary sewer system within Chesterfield Township.

Incorporation of prospective franchisee's representations. Except as modified by this ordinance, all the statements, commitments and representations made by Applied Watershed Management L.L.C. and its officers and representatives during the course of their discussions, on the record with the Township Committee of the Township of Chesterfield, seeking the grant of this municipal consent or in correspondence or any other documents forwarded to the Township of Chesterfield by the applicant or anyone acting on its behalf are hereby incorporated by reference in this ordinance and shall be binding upon the company as terms and conditions of this consent, whether annexed hereto or not. By way of example and not by way of limitation, the prospective franchisee's understanding that there are no guaranties accompanying the enactment of this ordinance regarding its future success in receiving the final consent of the Township Committee and the franchisee's characterization of this ordinance as, effectively, an option to pursue municipal consent are incorporated herein and made part of this ordinance.

Nothing in this ordinance shall be deemed to compel Applied Watershed Management L.L.C. to design, seek approvals for, build and/or operate a wastewater collection and treatment system unless contractual arrangements with customers satisfactory to it and the township have been made.