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Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water Department — See Ch. 42.
Sewers and sewage disposal — See Ch. 156.
[Adopted 12-20-1999 by Ord. No. 646-99]
The Milford Borough Common Council shall have the authority to control the use of privately owned wells during periods of drought as provided for herein.
The seriousness of drought conditions shall be established by monitoring monthly rainfall amounts based on records maintained by the Hunterdon County Office of Emergency Management and the National Oceanic and Atmospheric Administration. The criteria for establishing drought conditions and the extent of the water emergency shall be based on a three-month rolling average of precipitation reduced to the equivalent inches of water, measure of stream flow, water quality, groundwater levels and time of year and other relevant criteria. The above factors shall also be utilized to determine the transition from one level of water emergency to the next.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Whenever the three-month rolling average of rainfall is less than 75% of the average monthly rainfall, the Milford Borough Common Council shall have the authority to declare a Level 2 water emergency. If a Level 2 water emergency is declared, the following shall be prohibited:
A. 
Watering of residential lawns, filling of residential swimming pools and the residential washing of cars.
B. 
Irrigation for nonagricultural purposes.
Whenever the three-month rolling average of rainfall is less than 50% of the average monthly rainfall, the Borough of Milford Common Council shall have the authority to declare a Level 1 water emergency. If a Level 1 water emergency is declared, the following shall be prohibited in addition to those items prohibited if a Level 2 water emergency is declared:
A. 
The watering of all plant growth, except commercially grown food crops.
B. 
The washing of vehicles, except by businesses engaged exclusively in car washing or in those instances where a threat to the public health exists.
C. 
The washing of streets, driveways, sidewalks or paved areas.
D. 
The serving of water in restaurants, clubs or eating places, unless specifically requested by a patron.
E. 
The use of fire hydrants by fire companies for testing fire apparatus and for Fire Department drills except as is necessary in the interest of public safety as specifically provided by the municipal government and water provider, and the use of fire hydrants by the Milford Borough Department of Public Works or its contractors and all others, except as necessary for firefighting or protection purposes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
All water used for outdoor recreational purposes.
In the event that a Level 1 water emergency persists three months after the declaration of the same by the Common Council and/or well failures occur after a Level 1 emergency is declared, the Hunterdon County Division of Public Health Services may impose further restrictions as follows:
A. 
The further restriction of water use to all sectors and the selective curtailment of water use of large industrial users based upon water consumption per work site, number of employees, the essential nature of the industry and other pertinent data.
B. 
After evaluating the essential nature of the industry and other pertinent data, the first priority for curtailment shall be those industries for high water use and low number of employees per work site relative to such water use.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
For any person or entity wishing to be exempt, in whole or in part, from the curtailment of or ban on residential and industrial uses as a result of a Level 2 or Level 1 water emergency declared by the Common Council, such individual or entity may apply for an exemption to the Milford Borough Common Council in accordance with the following procedures:
(1) 
The applicant shall submit his request for an exemption, together with full documentation supporting the request, to the attention of the Common Council.
(2) 
The applicant's submission shall include a demonstration that extraordinary hardship will occur and that no reasonable alternative exists if the exemption is not granted.
B. 
After reviewing the application, the Common Council shall notify the applicant in writing of the results of this review and the reasons for its decision on the exemption request. Before making a decision, the Common Council may request the applicant to supply additional information and documentation. An approval of an exemption request by the Common Council may be rescinded should the public health, safety and welfare require further reduction of water use.
C. 
An exemption granted to an applicant for a specific property, person or persons is not transferable to any other person without the consent of the Common Council, which may be obtained by submitting a request to the Common Council with full documentation accompanying the same.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
For the purposes of this article, the following terms shall have the following meanings:
INDUSTRIAL USERS
Those nonresidential users excluding multiple dwellings and health care facilities.
RESIDENTIAL USERS
All users of water who reside in a single-family structure housing no more than four families and a multiple-family dwelling with no more than four families being served by one meter.
WATER EMERGENCY
A declaration by the Common Council that there exists or is impending a water supply shortage and/or water quality emergency of such a dimension which sufficiently impacts water supply in the form of the reduction of water levels in wells within the Borough thereby endangering the public health, safety and welfare.
Prior to the declaration of an actual water emergency, the Common Council may call for actions to be taken on a nonemergency basis to reduce the likelihood or impact of an impending emergency or such situations which involve a lack of precipitation by issuing a drought warning to the residents of the Borough of Milford.
All users of water within the Borough of Milford are, during drought conditions, subject to Phase 1 mandatory restrictions as defined by the State of New Jersey and are subject to the following limitations:
A. 
The adjustable uses of water are regulated as follows:
(1) 
The watering of grassed areas is prohibited, except as noted below:
(a) 
Newly seeded or sodded grassed areas may be watered for 20 days from date of planting from 8:00 p.m. to 9:00 p.m. or from 12:00 midnight to 6:00 a.m., with watering not to exceed 45 minutes per area watered on any one day. Watering of newly sodded areas with sprinklers within one hour after laying is permitted.
(b) 
Grassed areas may be watered after application of fertilizer, pesticide or herbicide for a period not to exceed five days from the date of application from 8:00 p.m. to 9:00 p.m. or from 12:00 midnight to 6:00 a.m., with watering not to exceed 45 minutes per area watered on any one day.
(c) 
Those construction-related projects that must comply with the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its supporting regulations, found in N.J.A.C. 2:90-1.1 et seq., are allowed to water for not more than 60 days from the day of planting from 5:00 a.m. to 11:00 a.m. and 5:00 p.m. to 9:00 p.m. for the installation and establishment of temporary and/or permanent vegetative coverings of critical areas as designated in any soil erosion control plan pursuant to the provisions of the Act, as amended. An area is classified as critical when it is characterized by any of the following conditions, upon the determination of the responsible Soil Conservation District official:
[1] 
Grassed waterways designed to carry peak concentrated flows from ten-year storm frequency that require vegetative protection to control erosion or where the design velocity exceeds that for bare channel;
[2] 
Slopes and banks (cuts and fills) resulting from construction activities where the slope and length exceed 15% and 50 feet or 8% and 100 feet; or
[3] 
Other disturbed areas requiring vegetation where the failure of which would threaten the integrity of structures, such as dams, dikes, detention basins, etc.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(d) 
Companies engaging in the installation or repair of lawn irrigation systems may test the customer's newly installed or newly repaired sprinkler system for a maximum of 10 minutes per sprinkler zone. During the period of the test, a sign shall be displayed on the front lawn which shall be at least four feet by four feet in size, with lettering large enough to be clearly visible from the nearest road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
Address
Telephone Number
(2) 
Except as set forth in Subsection A(1) of this section, the watering of plants, trees, shrubs and vegetable gardens is prohibited by any means other than by bucket, can or handheld hose equipment with a nozzle which will be shut off automatically when dropped.
(3) 
The watering of agricultural food crops is exempted at this time. In addition to the watering provided for in Subsection A(2) above, watering of sod at commercial sod farms and nursery stock at nurseries or retail outlets may be watered with sprinklers or other means as follows:
(a) 
Field-grown production: daily watering is permitted during the hours of 6:00 a.m. to 11:00 a.m. and 4:00 p.m. to 9:00 p.m.
(b) 
Container-grown production: daily watering is permitted during the hours of 6:00 a.m. to 11:00 a.m. and 4:00 p.m. to 9:00 p.m. Syringe of water-stressed plants is permitted as required between the hours of 12:00 noon and 3:00 p.m., with no more than 10 minutes of watering allowed in the same area.
(c) 
Retail sales: daily watering is permitted between the hours of 6:00 a.m. and 10:00 a.m. and 4:00 p.m. and 7:00 p.m.
(4) 
The washing of any vehicles except ambulances and fire engines is prohibited except by businesses engaged exclusively in car washing or in those instances where a threat to public health may exist as certified by the Common Council. The following requirements shall be met at all commercial car washing facilities:
(a) 
Pre-rinses of vehicles shall be permitted only with recycled water.
(b) 
Rinse cycles shall be 40 seconds or less per vehicle. This may be accomplished by increasing conveyor speeds. Additional measures shall be implemented such as reducing the size of water nozzles, where possible, and plugging all unnecessary outflows, further reducing consumption.
(c) 
All fixtures and equipment shall be inspected for leaks on a daily basis. Necessary repairs shall be made immediately. Water conservation consciousness shall be encouraged by the car wash operators of New Jersey by the placement of posters and literature where customers and employees will have access to them.
(5) 
The use of water in the sweeping or washing of streets, driveways or sidewalks or paved areas is prohibited, except as follows:
(a) 
Municipal street sweeping is allowed, provided that a nonpotable water source is used, the minimum amount of water is applied, and that an appropriate sign clearly indicating nonpotable water utilized be affixed on the street sweeping vehicle.
(b) 
In those instances where a threat to public health may exist as certified by the Common Council, the minimum amount of water should be used to accomplish the given task.
(6) 
The serving of water in restaurants, clubs or eating places is prohibited, unless specifically requested by the patron.
(7) 
The use of water for flushing sewers by municipalities or any public or private entity is prohibited except where a threat to public health or safety may exist as certified by the Milford Borough Common Council.
(8) 
The use of fire hydrants by fire companies for testing or Fire Department drills is prohibited, except as being necessary in the interest of public safety and specifically approved by the municipal governing body and the purveyor.
(9) 
The use of water for outdoor recreational purposes is prohibited, subject to the following exceptions:
(a) 
Partially filled pools shall not be drained for maintenance.
(b) 
The filling of new swimming or wading pools.
(10) 
The outdoor use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools, is prohibited.
Any violators of this article shall be subject to penalties as follows:
A. 
Level 1 water emergency violators: $100 for the first offense; $150 for the second offense; and $200 for the third offense and each subsequent offense.
B. 
Level 2 water emergency violators: $50 for the first offense; $75 for the second offense; and $100 for the third offense and each subsequent offense.
C. 
Each day a violation continues shall be deemed a separate offense for the purpose of this article. Notwithstanding, if an offender has been ordered to cease once during a twenty-four-hour period, but commits the same violation, it shall be considered a second or subsequent offense. Further, each violation shall be tried or heard separately and is separate and apart from any other violation or occurrence.
D. 
Violations of this article shall be enforceable by summons and complaint issued by the Borough of Milford Common Council, or its agent, or the Hunterdon County Division of Public Health Services, or its agent or designee, in the Borough of Milford Municipal Court. The Hunterdon County Division of Public Health Services is vested with the authority to file complaints for violations of this article on behalf of the Borough of Milford Common Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
To the extent that the Governor of the State of New Jersey, acting through the Commissioner of the Department of Environmental Protection, and the Governor or the Commissioner exercises his emergency powers vested pursuant to N.J.S.A. 58:1A-1 et seq., the Commissioner and the Governor may impose upon users, during a water emergency, restrictions and requirements pursuant to the above provisions, notwithstanding any local law. To the extent those restrictions are more stringent than those contained herewith, all users within the Borough of Milford who have wells shall be subject to the provisions of the above-cited statute and the conditions applicable to well users imposed by the State of New Jersey.
[Adopted 11-15-2021 by Ord. No. 932-2021]
Any applicant, with the consent of the property owner, within the service area of the Borough of Milford water system may apply to the Borough of Milford Water Department for water reservation. An application for water reservation is required for any proposed project that will require the construction of a new water main extension for the service or any project that will generate an increase in demand, as determined in accordance with N.J.A.C. 7:10-12. If necessary, the applicant shall be responsible to extend the Borough's water main to the property and to construct other water system improvements as may be necessary to reliably serve the proposed development in accordance with the Borough's standards and any applicable water service agreement and any reasonable standards established by the Borough Engineer.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH OF MILFORD WATER SYSTEM SERVICE AREA
Shall be depicted on the water service area map maintained and periodically updated by the Borough of Milford Water Department, showing all existing properties served, limits of existing water distribution system infrastructure, and surrounded by a service area boundary.
LARGE WATER PROJECT
Any project not fitting the definition of a "small water project" for which the water reservation requested is 1,000 gallons per day or greater or requires water system extension permits from the New Jersey Department of Environmental Protection.
SMALL WATER PROJECT
Any project for which the water reservation amount requested is less than 1,000 gallons per day.
UNIT
An equivalent flow rate of 300 gallons per day (gpd) in order to determine the water service connection fee.
WATER RESERVATION
The binding commitment of the Milford Water Department to provide potable water service in sufficient quality and quantity to a proposed project in accordance with applicable water system regulations and standards. Project-specific conditions may require the formulation and execution of a project-specific agreement addressing water supply and infrastructure improvements beyond that established by the water reservation ("water agreements"). A water reservation is valid for one year and can be renewed in accordance with the review and renewal procedures set forth herein.
WILL-SERVE LETTERS
The ability for the Milford Water Department to provide a nonbinding, written confirmation of water availability for a particular project located within the Milford Water Department's service area. Said approval will only be provided if there is currently adequate capacity in the Borough's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Borough of Milford Water Department. The receipt of a will-serve letter by an applicant does not preclude an applicant from applying for water reservation as indicated above.
The application for water reservation shall be on the forms prescribed by the Water Department, which shall include but not be limited to the following:
A. 
The name and address of the applicant;
B. 
The address of the property and the tax lot and block designation;
C. 
A description of the existing use of the property;
D. 
A description of the proposed use of the property and/or the type of building(s) to be constructed thereon;
E. 
An approved preliminary and/or final subdivision plan, site plan and/or any necessary variance approval, general development plan, zoning permit or redevelopment plan of the proposed project indicating the number of proposed lots and the proposed uses on each lot;
F. 
Proof of submission to the Council on Affordable Housing requesting substantive certification and/or an approved letter from the Council on Affordable Housing which provides substantive certification for municipally funded affordable housing projects, or a court-ordered final judgment of repose as it relates to affordable housing within the municipality in question;
G. 
An estimate of the average daily water usage required by the proposed use of the property;
H. 
An estimate of the dates of anticipated water service connection and water meter installation to the Borough's water system;
I. 
An agreement by the applicant to abide by and accept all of the provisions of this chapter and such rules and regulations as may be promulgated by the Borough; and
J. 
Any additional information as may be required by the Water Department or its consulting engineer to assist in the processing of said application.
A. 
All applications for water reservation will be reviewed for completeness and, once deemed complete, assigned a water reservation number and forwarded for review based upon the order in which they were received by the Water Department Clerk. The priority in terms of allocating capacity shall be based upon the order in which water reservation applications are approved by the Water Superintendent, Borough Engineer and Water Commissioner, with the exception of affordable housing projects that are fully funded by the municipality and can provide proof of submission to the Council on Affordable Housing requesting substantive certification and/or written confirmation from the New Jersey Council on Affordable Housing (COAH) that their project has received substantive certification and/or a court-ordered final judgment of repose as it relates to affordable housing within the municipality in question. Projects that fall under this category shall receive priority and, if their application for water reservation is deemed complete, shall have their water immediately reserved so long as the other conditions in this section have been met. In the event a municipality has its substantive certification rescinded by COAH, or should it abandon the approved project, it will relinquish its rights to its approved water reservation and said allocation will be available for future applicants.
B. 
Unless explicitly listed in this section or required by state or federal law, no other factors shall determine the priority of a water reservation.
A. 
From the date of issue, an approved water reservation shall require a contract prepared by the Borough of Milford to be fully executed by and between the Borough and the applicant that, among other things, shall incorporate all the terms and conditions of this section. No approval of a water reservation shall be effective in the absence of the aforementioned fully executed contract. An approved water reservation shall be valid for a period of one year. Within 60 days of the expiration of the water reservation, the Borough Engineer shall conduct a review of the water reservation and may request supplemental information from the applicant in order to establish the validity and currency of the water reservation. Applicants must maintain their eligibility for water reservation by conforming to the conditions of their applicable land use approvals, obtaining regulatory approvals and documenting the efforts taken to advance the proposed project. To extend the validity period of the approved water reservation, developers must establish that they have acted diligently and taken all reasonable steps to advance the development of the proposed project. They must demonstrate they have diligently pursued any required land use approvals, secured or diligently pursued any other necessary approvals from other agencies and acquired all necessary rights-of-way or easements. Developers may be required to show evidence they have met these goals to preserve their water reservation.
B. 
The water reservation shall be void unless water service is actually extended to the subject property during the time period for which the water reservation is valid. The water reservation may be renewed for longer periods at the discretion of the Milford Borough Common Council following consultation with the Borough's Water Department Commissioner to coincide with the expiration date of or an extension granted for a permit issued by NJDEP to construct/modify/operate public waterworks facilities relating to the subject project. The applicant must apply to the Water Department for any such extensions in writing.
C. 
In the event that the water service connection is not completed within the period set forth above, the water reservation shall expire if not renewed, and any portion of the water reservation for which connections have not been made will revert to the Borough for use in addressing other water reservation applications.
A water reservation fee in an amount to be determined in accordance with the rules and regulations of the Water Department shall be paid to the Water Department at the time of application and at each renewal. Nonpayment of the water reservation fee will result in termination of the water reservation.
Transfer of an approved water reservation is prohibited, with the exception of affordable housing projects located within the same municipality, provided that all interested parties consent. A water reservation within the Borough's water supply system shall not be traded, sold or otherwise reallocated by an applicant, unless the property identified in the water reservation is sold to a new owner, in which case the water reservation will run with the land to the extent necessary to affect the intent of the water reservation. Water reservations for any project on specific parcels of land shall not be assignable to any other project. In the event that a project is abandoned or the construction of the same does not utilize the entire water reservation granted to it, the unused allocation shall revert to the Borough and shall become available for water reservation in accordance with the procedures set forth in this section. Should the scope of a project change and additional water allocation is required, the incremental increase in allocation requested shall be treated as a new water reservation application.
A. 
Application fee. An application fee, as provided in § 10-5A, of $750 shall be submitted upon the filing of the application. Said fee shall be used by the Borough to cover the administrative and professional costs associated with the review of the application.
B. 
Application review. Applications for water reservation as defined above shall be reviewed by the Water Superintendent and/or Borough Engineer, who in turn will provide a recommendation to the Public Works Committee. A water reservation, if approved by the Water Department, shall be issued upon receipt of a fully executed contract prepared by the Borough of Milford by and between the Borough and the applicant that, among other things, shall incorporate all the terms and conditions of this section. No water reservation shall be approved unless the Water Superintendent and/or Borough Engineer determines that there is currently adequate capacity in the Borough's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Borough of Milford Water Department. No approval of a water reservation shall be effective in the absence of the aforementioned fully executed contract.
C. 
Application determination. The Water Department shall approve or deny the application within 30 business days of receipt of a complete application. The Borough reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed five business days if additional time is required for processing said application. The failure of the Borough to render a decision within the aforesaid time period shall constitute a denial of the application without prejudice.
D. 
Monthly report. The Water Superintendent will prepare and submit a monthly report to the Water Department indicating the number and total estimated usage of approved small project water reservation applications.
A. 
Request fee. A will-serve letter request fee, as provided in § 10-5A, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Borough to cover the professional and administrative costs associated with the review of the request.
B. 
Request review. Requests for will-serve letters as defined above shall be reviewed by the Water Superintendent and/or Borough Engineer, who in turn will provide a recommendation to the Borough Council. A will-serve letter shall be issued, provided that a determination is made that there is currently adequate capacity in the Borough's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Borough of Milford Water Department.
C. 
Review determination. The Borough shall approve or deny the request by resolution within 30 business days of receipt of a complete application. The Borough reserves the right to extend the time for the rendering of the aforesaid decision if additional time is required for processing said application. The failure of the Borough to render a decision within the aforesaid time period shall constitute a denial of the request without prejudice.
D. 
Expiration of will-serve letter.
(1) 
All will-serve letters will expire 90 days after the date of issuance by the Milford Water Department. Upon expiration, the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(2) 
Upon written request by the applicant prior to the aforementioned expiration date, applicants can request said approval be extended. Applicants will be eligible for no more than two additional ninety-day extensions should they be requested. Under no circumstances will an applicant be granted additional extensions other than what is previously indicated above. Upon expiration of the requested extension(s), the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
E. 
Extension request fee. A will-serve letter extension request fee, as provided in § 10-5A, of $100 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Borough to cover the professional and administrative costs associated with the review of the request.
A. 
Application fee. An application fee, as provided in § 10-5A, of $2,500 shall be submitted upon the filing of the application. Said fee shall be used by the Borough to cover the administrative and professional costs associated with the review of the application.
B. 
Application review. Applications for water reservation for large projects shall require the approval of the Borough Council. The Borough Engineer shall prepare and submit a report to the Borough Council concerning the nature of the allocation, the status of any required NJDEP applications, an evaluation of any required system improvements necessary to serve the project as well as an updated analysis of the water system's firm capacity and peak daily demand. Specifically, the Borough Engineer shall evaluate the application against the Water Utility's available firm capacity and allocation limits as prescribed by regulations found at N.J.A.C. 7:10 and N.J.A.C. 7:19. The report shall also address technical details of the proposed project's service connection and water-related improvements, including but not limited to materials, equipment, regulations, easements, metering, etc. Applications will be recommended for approval when no physical, technical, financial or regulatory constraints prevent service to the proposed project.
C. 
Application determination.
(1) 
The Borough Council shall approve or deny the application by resolution within 60 days of receipt of a complete application. The Borough Council reserves the right to extend the time for the rendering of the aforesaid decision if additional time is required for processing said application. The failure of the Borough to render a decision within the aforesaid time period shall constitute a denial of the application without prejudice.
(2) 
If an application is approved by the Borough Council, a formal resolution will be prepared by the Borough's Attorney authorizing the water reservation to the applicant. The resolution may contain such terms and conditions as are reasonably necessary to guarantee compliance with all federal, state, county and local statutes, rules, and regulations. In addition, the applicant shall be required to enter into a contract prepared by the Borough of Milford to be fully executed by and between the Borough and the applicant that, among other things, shall incorporate all the terms and conditions of this article. No approval of a water reservation shall be effective in the absence of the aforementioned fully executed contract.
A. 
Request fee. A will-serve letter request fee, as provided in § 10-5A, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Borough to cover the professional and administrative costs associated with the review of the request.
B. 
Request review. Requests for will-serve letters as defined above shall be reviewed by the Borough Engineer, who in turn will provide a recommendation to the Borough Council. A will-serve letter shall be issued, provided that a determination is made that there is currently adequate capacity in the Borough's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Borough of Milford Water Department.
C. 
Review determination. The Borough Council shall approve or deny the request by resolution within 60 business days of receipt of a request. The Borough reserves the right to extend the time for the rendering of the aforesaid decision if additional time is required for processing said application. The failure of the Borough to render a decision within the aforesaid time period shall constitute a denial of the request without prejudice.
D. 
Expiration of will-serve letter.
(1) 
All will-serve letters will expire 90 days after the date of issuance by the Milford Water Department. Upon expiration, the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(2) 
Upon written request by the applicant prior to the aforementioned expiration date, applicants can request that said approval be extended. Applicants will be eligible for no more than two additional ninety-day extensions should they be requested. Under no circumstances will an applicant be granted additional extensions other than what is previously indicated above. Upon expiration of the requested extension(s), the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
E. 
Extension request fee. A will-serve letter extension request fee, as provided in § 10-5A, of $250 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Borough to cover the professional and administrative costs associated with the review of the request.