[Adopted 7-1-1999 by Ord. No. 656-99]
The Sewer Commission is authorized to promulgate rules and regulations with respect to the allocation of sewer gallonage in accordance with state law and any other applicable regulations, including those of the Rockaway Valley Regional Sewerage Authority (RVRSA), if applicable.
The Commission shall work in conjunction with the Township administration and shall receive the assistance of Township officials, including but not limited to the Township Engineer, Township Attorney and Township Zoning Officer.
The sewer gallonage allocation process and the Commission will be managed to promote the Master Plan of the Township of Mine Hill, and the Commission will at all times closely cooperate with the Township Planning Board to achieve that goal.
The Commission shall receive and supervise the receipt of all applications for connection to sewers within the Township of Mine Hill and shall be the administrative body, with the assistance of the Township Zoning Officer, responsible for maintaining such records on behalf of the Township.
Any request to the Commission for a sewer connection shall be on a form promulgated by the RVRSA, with any additional information the Commission shall require. The application form shall contain such information as will allow the Commission to maintain, on behalf of the Township, accurate records as to the amount of gallons allocated and the remaining available gallonage.
The Township Zoning Officer shall provide the members of the Commission with the biweekly reports which shall include the identification by street address or lot and block of all single-family sewer connections approved by him, a computation of all approvals granted by any person or agency of the Township for the two previous weeks, and a running total of the available gallonage in the various categories.
All approvals for gallonage connections are subject to approval by the RVRSA and, if necessary, approvals of other governmental agencies, including the New Jersey Department of Environmental Protection (DEP), for such items as sewer extension permits, also known as the "treatment works application (TWA)."
Except as provided below, all sewer gallonage allocation applications must be approved by a resolution of the Township Council. The following applications do not need Township Council approval:
The Commission may approve sewer connections involving 1,000 gallons or less per day (1,000 gpd).
The Township Zoning Officer shall be authorized to approve, on behalf of the Township of Mine Hill, without any further approval, not more than 10 applications for single-family house connections during any one calendar month, provided that no two of such houses or lots granted this permission in any three-month period shall be in common ownership, either in whole or in part.
Any approval, once granted, shall become invalid at the expiration of the following time periods measured from the date of the written approval:
One year for individually owned single-family homes, unless substantial construction of the home has commenced;
Eighteen months for minor subdivisions and minor site plans, unless substantial construction at the minor subdivision has commenced;
Two years for major subdivision and major site plan, unless substantial construction at the major subdivision and major site plan has commenced.
The Construction Official of the Township of Mine Hill shall determine if substantial construction has commenced.
The application for sewer gallonage shall specifically state in bold letters that, upon written approval, the applicant waives all claim for extensions of the time periods listed above.
The Township Council of the Township of Mine Hill shall have exclusive authority to grant extensions of the time periods listed above. The Township Council may also cancel previously granted extensions of the above time periods, after notice to the holder of such an extension and the opportunity for that holder to be heard.
The Township shall not consent to the issuance of a TWA sewer extension permit by the NJDEP until and unless there is prior approval of an appropriate gallonage allotment, pursuant to the terms of this article.
All gallonage allocation approvals granted by the Township of Mine Hill shall apply to a particular lot or lots and are not transferable to other lots.
Notwithstanding the provisions of § 425-5 above, the Commission is authorized to approve phased allocations to developers which shall correspond with the projected phasing in, over time and/or in installments, of particular larger projects being considered and approved by the Township Planning Board, although such time periods would violate the terms of § 425-5.
The Commission shall have no authority to approve phased allocation of sewer gallonage until the developer's proposal or project has, at a minimum, conceptual approval from the Township Planning Board.
This section shall be utilized at the sole discretion of the Township of Mine Hill, and it shall not create for or award any developer or builder any vested right, privilege or right in such phased allocation of sewer gallonage.
The Township of Mine Hill shall, within the gallonage allocated to it by the RVRSA, and at its sole discretion, take all reasonable steps to insure that sewer gallonage applications arising from existing homes receive top priority.
All developer's agreements executed by the Township of Mine Hill subsequent to the enactment of this article shall include as a condition the approval of an application by the Commission or other public body pursuant to this article, and the terms and conditions of any such approval shall be fully and immediately incorporated into any previously executed developer's agreement.