[1]
Editor's Note: Former §§ 21-3.1 through 21-3.9
were repealed by Ord. No. 2012-09, as replaced by §§ 492-4 through
492-12 of the Town of Phillipsburg Code.
[1]
Editor's Note: Former §§ 21-4.1 through 21-4.5
were repealed by Ord. No. 2012-09, as replaced by §§ 492-13
through 492-17 of the Town of Phillipsburg Code.
[1]
Editor's Note: Former §§ 21-5.1 through 21-5.9
were repealed by Ord. No. 2012-09, as replaced by §§ 492-18
through 492-26 of the Town of Phillipsburg Code.
[1]
Editor's Note: Former §§ 21-6.1 through 21-6.4
were repealed by Ord. No. 2012-09, as replaced by §§ 492-27
through 492-30 of the Town of Phillipsburg Code.
[1]
Editor's Note: Former §§ 21-7.1 through 21-7.5
were repealed by Ord. No. 2012-09, as replaced by §§ 492-31
through 492-36 of the Town of Phillipsburg Code.
[Ord. No. 1994-3 § 2]
It is the purpose of this section to provide for the recovery
of costs incurred by the Township related to the development and implementation
of the EPA and NJDEPE-mandated industrial pretreatment program. These
fees are separate and are in addition to any other regular fees charged
by the Township for treating a user's wastewater. The applicable charges
or fees shall be set forth in the Township's schedule of charges and
fees which follows.
[Ord. No. 1991-10 § 7.1; Ord. No. 1994-3 § 2]
The Township may adopt reasonable charges and fees for users
of the sewer system, which may include:
a.
Fees for reimbursement of costs to establish and operate the Township's
industrial pretreatment program. Activities covered under the standard
permit fee will include monitoring and inspection of the industrial/commercial
users as deemed necessary, preparation and issuance of wastewater
contribution permits and applications, review of completed applications,
review of industrial/commercial and Township sampling data taken as
required under the IPP, enforcement activities, legal, insurance,
and engineering fees associated with the IPP, in house laboratory
costs associated with the IPP, and all other administrative costs
associated with the IPP. These fees are to be recovered as follows:
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Class 1 Users — as defined in Subsection 21-2.1, Definitions,
shall be charged an annual fee of $4,000.
|
|
Class 2 Users — as defined in Subsection 21-2.1, Definitions,
shall be charged an annual fee of $2,000.
|
|
Class 3 Users — as defined in Subsection 21-2.1, Definitions,
shall be charged an annual fee of $200.
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b.
Fees for reviewing accidental discharge notifications and responses.
c.
Fees for filing appeals.
d.
Fees for consistent (Township) treatment of pollutants discharged
by a user which would otherwise subject the user to federal categorical
standards.
e.
Other fees the Township may deem necessary to carry out the requirements
contained herein.
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These fees relate solely to the matter covered by this chapter
and are separate and in addition to any other fees charged by the
Township.
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[Ord. No. 1995-06 § 1]
Terms used herein shall have the meanings set forth herein or
in existing ordinances of the Township or other applicable law. Unless
the context specifically indicates otherwise, the following terms
shall have the following meanings:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter for five days at 20° C., expressed in terms
of concentration, i.e., milligrams per liter (mg/l), in accordance
with the standard test methods.
The quotient obtained by dividing the total quarterly water
consumption (in the case of commercial establishment) or waste volume
discharged to the sewer system (in the case of industrial establishment)
by 13,000 gallons. Such water consumption shall mean equivalent sewage
flow with an average five day BOD of 250 parts per million, an average
suspended solids content of 300 parts per million and an average chlorine
demand of 10 parts per million, and if samples of such industrial
wastes indicate values higher than the above-listed values for BOD,
suspended solids and chlorine demand, then the "equivalent dwelling
units" for said waste shall be adjusted in accordance with the following
formula:
|
[Flow gpg x 1]
|
+
|
[BPD x 0.8]
|
+
|
[55 x 0.5]
|
+
|
[cl.d x .2]
| ||
|
13,000
|
250
|
300
|
10
| |||||
|
EDU
|
=
| |||||||
|
2.5
| ||||||||
The total nonfilterable residue, as defined in Manual of
Methods of Chemical Analysis of Water and Wastes and analyzed in accordance
with an approved test procedure.
[Ord. No. 1995-06 § 2]
A "user" of the sewerage system may be deemed to be any owner,
tenant or occupant of any real property which directly or indirectly
is or has been connected with the sewerage system, or from or on which
originates sewage or other wastes which directly or indirectly enter
into the sewerage system. All users of the sewerage system shall be
classified as one of the following classes of users:
a.
Residential users. Includes all users who discharge sewage through
any room, group of rooms, house trailer or other enclosure occupied
or intended for occupancy as a separate living quarters by any human
being, whether or not related.
b.
Industrial users. Includes all users who discharge sewage through
any room, group of rooms, building or other enclosure used for the
manufacturing, processing, cleaning, laundering or assembling of any
product, commodity or article.
c.
Commercial users. Include all users who discharge sewage through
any room, group of rooms, building or other enclosure used for the
sale or distribution of any product, commodity, article or service
and specifically includes, but is not limited to, places of religious
worship, professional offices, banks, schools, places of recreation,
firehouses, and groups of rooms or other buildings or enclosures not
included in the definition of residential users or industrial users.
[Ord. No. 1995-06 § 3]
The owners of every new construction of a house, building or
structure which may be occupied or used by human beings, located on
a street along the line of any sewer now or hereafter constructed
in the Township shall, within 30 days after the date on which the
services of such sewer are made available to such house, building
or structure or prior to occupancy or use of such house, building
or structure, whichever date shall be later, install a toilet therein
and connect such toilet installed therein with the sewerage system
of the Township.
[Ord. No. 1995-06 § 4]
If any new construction of a house, building or structure referred
to above shall be used for industrial or commercial purposes, the
owner thereof shall, within 30 days after the date on which the services
of such sewer are made available to such house, building or structure
or prior to occupancy or use of such house, building or structure,
whichever date shall be later, install such facilities as are necessary
to accept and dispose of industrial or commercial wastes emanating
therefrom and connect such facilities with the sewerage system of
the Township under and pursuant to the rules and regulations of the
Township.
[Ord. No. 1995-06 § 5]
If the owner of any house, building or structure referred to
above shall fail to make any installation or connection required by
this chapter within the time herein required, the Township may proceed
to make such installation or connection or cause the same to be made
and assess the cost thereof as a lien against such house, building
or structure pursuant to law.
[Ord. No. 1995-06 § 6;
amended 5-21-2020 by Ord. No. 106-2020]
a.
Any property owner that connects to the Township of Greenwich sewerage
collection system, either directly or indirectly, shall be charged
a sewer connection fee. The sewer connection fee shall be uniform
within each class of users and said fee shall be equal to the amount
set forth in Chapter 485-11 of the Town of Phillipsburg's Ordinances
for sewer connection fees, which shall be calculated pursuant to N.J.S.A.
40A:26A-11, as amended and supplemented from time to time.
b.
Upon sewer connection, 50% of the sewer connection fee to be paid
pursuant to this section shall be paid by the connector to the Township
of Greenwich and 50% of the sewer connection fee shall be paid by
the connector directly to the Town of Phillipsburg.
c.
No certificate of occupancy shall be issued by the Township of Greenwich
as to the connector's property until the connector provides proof
of payment of the full sewer connection fee, which shall include proof
of payment made by the connector to the Township of Greenwich for
50% of the sewer connection fee and payment made by the connector
to the Town of Phillipsburg for 50% of the sewer connection fee.
d.
Severability. If any section, paragraph, subdivision, clause or provision
of this section shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause of provision
so adjudged and the remainder of the section shall be deemed valid
and effective.
e.
Repealer. All Ordinances or parts of Ordinances inconsistent with
or in conflict with this section are hereby repealed to the extent
of such inconsistency.
f.
Effective date. This section shall take effect after final passage,
adoption and publication according to law.
[Ord. No. 1995-06 § 7; Ord. No. 1999-7; Ord. No.
2006-25 §§ 1, 2]
All users shall be charged quarterly fees for use or services
of the sewerage system after direct or indirect connection therewith.
Such quarterly fees shall be as set forth below.
a.
Residential users.
1.
The quarterly charge for sewer service shall be $137.50 for each
residential unit.
2.
Said charges shall commence to be charged to each unit aforesaid
within the quarter of the year in which said unit connects to the
Greenwich sanitary sewer system, except that, where the time limit
for the connection of a unit has expired, said charges shall be assessed
regardless of whether said unit has connected or not.
b.
Commercial and industrial users.
[Amended by Ord. No. 2010-03; Ord. No. 2010-07]
1.
The Township may, in its discretion, charge commercial and industrial
users on either a quarterly basis or a monthly basis. In the event
of billing on a quarterly basis, the quarterly charge for sewer service
for each commercial or industrial establishment shall be $137.50 for
each equivalent dwelling unit. In the event of billing on a monthly
basis, the monthly charge for sewer service for each commercial or
industrial establishment shall be $45.83333 for each equivalent dwelling
unit.
2.
Said charges shall commence to be charged to each equivalent dwelling
unit or commercial or industrial establishment aforesaid within the
month of the year in which said establishment connects to the Greenwich
sanitary sewer system.
3.
In no event shall any commercial or industrial establishment pay
less than $137.50 per each equivalent dwelling unit per quarter in
the event of billing based on a quarterly basis. In no event shall
any commercial or industrial establishment pay less than $45.83333
for each equivalent dwelling unit in the event of billing based on
a monthly basis.
[Added by Ord. No. 2010-04; amended by Ord. No. 2012-20]
a.
Discounted rates. There shall be a discount available to residential
sewer account holders who are senior citizens or disabled and are
connected to the Greenwich Township public sewer system, provided
they meet the qualifications pursuant to this subsection. If a residential
sewer account holder is qualified as a senior citizen or disabled
person pursuant to this subsection, they shall receive a ten-percent
deduction in the cost of their sewer bills.
b.
Qualifications and eligibility for discounted service.
1.
Senior citizen. In order to qualify for a discounted sewer user fee,
a senior citizen must apply to the Township Clerk for the discount
and must meet all of the following requirements:
(a)
Attain the age of 65 or more by the first day of the billing
quarter for which a discount is claimed when applying. Proof of age
shall be required, i.e., driver's license or birth certificate shall
be deemed sufficient. No discount shall apply retroactively for a
preceding quarter.
(b)
The sewer account must be in the name of the claimant, which
must be a residential unit, and all charges must be current at the
time of application.
(c)
The user's New Jersey residence must be the same premises for
which the discounted rate is applied.
(d)
The user must meet the eligibility requirements of the Pharmaceutical
Assistance to the Aged and Disabled Program, P.L. 1975, c. 194 (N.J.S.A.
30:4D-20 et seq.) or, if the applicant does not meet the eligibility
requirements of the Pharmaceutical Assistance to the Aged and Disabled
Program, must have a total income not in excess of $10,000 during
the year preceding the application, exclusive of any one of the following
types of benefits: social security benefits; benefits received under
the Federal Railroad Retirement Act and other federal pensions, disability
and retirement programs; or pension, disability or retirement programs
of any state or its political subdivisions, or agencies thereof, for
persons not covered under the Federal Social Security Act. Proof of
income eligibility must be filed with the Township Clerk each year
thereafter by April 20 of that year. If the user fails to meet the
income requirement or does not file a copy with the Township Clerk
of their last year's federal income tax return, the discount will
be removed, effective April 20 of each year. If the user does not
meet the Internal Revenue Service requirements to file a federal income
tax return, the Township will accept a sworn statement to that effect.
(e)
Rental units owned by the applicant are not eligible for this
discounted rate.
(f)
Senior citizens that complete and submit to the Township Tax
Assessor the annual post-year income statement in accordance with
N.J.S.A. 54:4-8.40 et seq. and meet the eligibility requirements of
N.J.S.A. 54:4-8.40 et seq. for the real property tax deduction of
their dwelling house situated in the Township of Greenwich do not
need to file a separate Township sewer discount application form for
purposes of determining eligibility for the ten-percent reduction
of sewer user fees as described in this subsection.
[Added by Ord. No. 2015-01]
2.
Disabled person. In order to qualify for a discounted sewer user
fee, a disabled person must apply to the Township Clerk for the discount
and meet all of the following requirements:
(a)
The sewer account must be in the name of the claimant, which
must be a residential unit, and all charges must be current at the
time of application. No discount shall apply retroactively for a preceding
quarter.
(b)
The user's New Jersey residence must be the same premises for
which the discounted rate is sought.
(c)
The disability must be total and permanent in accordance with
the provisions of the Federal Social Security Act, 42 U.S.C. § 301
et seq., or disabled under any federal law administrated by the United
States Department of Veterans Affairs if the disability is rated as
60% or higher.
(d)
The user must meet the eligibility requirements of the Pharmaceutical
Assistance to the Aged and Disabled Program P.L. 1975, c. 194 (N.J.S.A.
30:4D-20 et seq.) or, if the applicant does not meet the eligibility
requirements of the Pharmaceutical Assistance to the Aged and Disabled
Program, must have a total income not in excess of $10,000 during
the year preceding the application, exclusive of any one of the following
types of benefits: social security benefits; benefits received under
the Federal Railroad Retirement Act and other federal pensions, disability
and retirement programs; or pension, disability or retirement programs
of any state or its political subdivisions, or agencies thereof, for
persons not covered under the Federal Social Security Act. Proof of
income eligibility must be filed with the Township Clerk each year
thereafter by April 20 of that year. If the user fails to meet the
income requirement or does not file a copy with the Township Clerk
of their last year's federal income tax return, the discount will
be removed, effective April 20 of each year. If the user does not
meet the Internal Revenue Service requirements to file a federal income
tax return, the Township will accept a sworn statement to that effect.
(e)
Rental units owned by the applicant are not eligible for this
discounted rate.
(f)
A permanently and totally disabled person that completes and
submits to the Township Tax Assessor the annual post-year income statement
in accordance with N.J.S.A. 54:4-8.40 et seq. and meets the eligibility
requirements of N.J.S.A. 54:4-8.40 et seq. for the real property tax
deduction of their dwelling house situated in the Township of Greenwich
do not need to file a separate Township sewer discount application
form for purposes of determining eligibility for the ten-percent reduction
of sewer user fees as described in this subsection.
[Added by Ord. No. 2015-01]
c.
Satisfaction of eligibility requirements for a surviving spouse under
the age of 65, or satisfaction of eligibility requirements for surviving
civil union partner under the age of 65, for a real property tax deduction
on a dwelling house pursuant to N.J.S.A. 54:4-8.40 et seq. shall not
be utilized for determining eligibility of the ten-percent reduction
of sewer user fees as described in Subsection b1.
[Added by Ord. No. 2015-01]
[Ord. No. 1995-06 § 8]
Notwithstanding anything contained herein to the contrary, the
minimum annual charge for any property connected to the sewerage system
shall be based on the presumed costs of consumption, as well as those
costs necessary to cover administrative costs, fixed costs, debt service,
taxes, fees and all other costs to the sewerage system as permitted
by N.J.S.A. 40A:26A 10, as supplemented and amended from time to time.
[Ord. No. 1995-06 § 9]
All meters used by the Township in determining user fees, shall
be of the type specified or approved by the Township Engineer and
shall be properly installed and maintained by the user at the user's
expense. Whenever a user is required to install a meter and fails
to do so, the Township shall install the meter and charge the installation,
measurement and maintenance cost of the meter to the user.
[Ord. No. 1995-06 § 10]
The Township shall regularly sample and test the sewage emanating
from all industrial users or rely upon available equivalent records
of sampling and testing. The Township may impose a sampling and laboratory
analysis fee which shall be established by the Township, at a later
date, in all instances where it undertakes such a sampling program.
[Ord. No. 1995-06 § 11]
Each user shall be notified, annually, by way of a sewer-user
fee bill, of the rate and charges billed to said user for sewage services.
The sewer-user fee bill shall be paid quarterly and shall be due on
or before the first day of the month of the succeeding quarter year
and shall be billed and collected by the Township Committee/sewer
authority. Any such sewerage service charges not paid on the due date
shall bear interest at the same rate as uncollected taxes of the Township
and shall become a lien upon the premises connected to the sewage
system until paid, and the Township shall have the same rights for
the collection thereof, together with interest and costs and penalties
as it has by law for the collection of taxes upon real estate. The
effective date for new buildings for the beginning of the quarterly
service charge shall be the date of the issuance of the certificate
of occupancy, and for existing buildings, where applicable, the quarterly
service charge shall begin 30 days after the date of official notice
to connect to the sewer system. The payment of the service charge
is required even though the building may be vacant.
[Ord. No. 1995-06 § 12]
All appeals of bills must be filed with the Township Committee/sewer
authority within 30 days of the date the bill was issued.
[Ord. No. 1995-06 § 13]
At least once each year, the Township Committee or Township
sewer authority, whichever is applicable, shall review and revise,
as necessary, the sewer connection fee and the sewer user fees. Any
fees so established, at a minimum, must provide sufficient revenues
to meet the charges imposed on the Township by the Town of Phillipsburg
and the operation and maintenance cost of the Township sewerage system
and the debt service cost relating to the sewerage system.
[Ord. No. 1995-06 § 14]
The established fees hereunder shall take effect immediately.
[Ord. No. 1995-06 § 15]
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
[Ord. No. 1995-06 § 16]
To the extent that any previous ordinance or resolution is inconsistent
with or contradictory hereto, said ordinance or resolution is hereby
amended or repealed to the extent necessary to make it consistent
herewith. In all other respects, this chapter shall be a supplement
to other ordinances and resolutions heretofore adopted relating to
sewerage systems purposes.
[Ord. No. 1995-06 § 17]
The fees set forth in this section relate solely to the matters
covered by this section and are separate and apart from all other
fees chargeable by the Township.
[Ord. No. 1995-08 § 18]
The Township reserves the right to establish limitations or
requirements on discharges to the sewerage system and otherwise may
amend this section and implement further ordinances and resolutions
necessary for the proper operation and maintenance of the sewerage
system.
[Ord. No. 1995-19]
Absent a functioning sewerage authority, exercising its powers
under the law, the sanitary sewer system of the Township shall operate
as a self-liquidating utility, and the charges/fees imposed on said
system shall be dedicated to the purposes of such service as a self-liquidating
utility. However, if the Township shall have a separate functioning
sewerage authority, which shall need the fees/charges to operate as
such, it shall be the recipient of such charges/fees, but a line item
will remain in the Township budget for a sewer utility for possible
use under the law.
[Ord. No. 1998-14]
For purposes of this section, the following definitions shall
apply:
Milburn 78 Associates and Straw Church Associates and any
successor or assignee thereof.
Any party seeking apportionment of sewer costs or against
whom sewer costs shall be apportioned pursuant to this section, including
but not limited to Toll, Dowel and 78 Associates. A developer under
this section shall not be limited to a developer of property within
the Township of Greenwich.
Dowel Associates.
Gallons per day.
The Modification of Settlement Agreement entered into between
Toll, Dowel and the Township of Greenwich which shall be executed
simultaneously with the enactment of this section. The Modification
of Settlement Agreement is hereby incorporated into this section by
reference, and a copy of the fully executed Modification of Settlement
Agreement is annexed hereto.
The Phillipsburg Sewer Treatment Plant.
The Mount Laurel Settlement Agreement and Stipulation of
Dismissal documents dated December 10, 1991, entered into between
Toll, Dowel, 78 Associates and the Township of Greenwich.
The costs of constructing off-site sewer infrastructure and
other off site costs which are to be apportioned by the Township of
Greenwich pursuant to the Settlement Agreement.
Toll Brothers, Inc.
[Ord. No. 1998-14]
a.
Sewer capacity is allocated based upon 300,000 gpd of sewer treatment
capacity which the Township of Greenwich obtained from the PSTP pursuant
to an agreement with the Town of Phillipsburg and conveyed or offered
for conveyance to Toll, Dowel and 78 Associates pursuant to the Settlement
Agreements, which allocation of capacity was as follows:
|
Developer
|
Capacity
(gpd)
|
Percent
|
|---|---|---|
|
Toll
|
200,000
|
66 2/3%
|
|
Dowel
|
50,000
|
15 2/3%
|
|
78 Associates
|
50,000
|
16 2/3%
|
|
Total
|
300,000
|
100%
|
b.
An additional 13,000 gpd of sewer treatment capacity purchased from
the Town of Phillipsburg and conveyed to Dowel shall not alter this
allocation nor shall the decision of 78 Associates to purchase only
40,000 gpd of its lapsed allocation.
[Ord. No. 1998-14]
Subject to the provisions of Subsection 21-10.7, sewer costs are hereby apportioned to Toll, Dowel and 78 Associates in accordance with the allocation of sewer capacity as follows:
|
Developer
|
Percent
|
|---|---|
|
Toll
|
66 2/3%
|
|
Toll or Dowel
|
16 2/3%
|
|
78 Associates
|
16 2/3%
|
[Ord. No. 1998-14]
In order to apply for an allocation of sewer costs pursuant
to this section, a developer shall submit to the Township Clerk a
complete accounting of the total sewer costs, including but not limited
to all engineering, legal and other professional fees, administrative
costs, application and permit fees, interest payments or opportunity
costs for loss of interest, except to the extent that any component
of reimbursement is prohibited by law, along with proof of mailing
by certified mail, return receipt requested, that a copy of said accounting
has been provided to all developers which may be affected by such
allocation. All parties which may be affected by the allocation may
submit information to the Township Engineer within 30 days, provided
that a copy of such information is provided to the applicant and all
other parties which may be affected by the allocation. The Township
Engineer shall verify the total sewer costs within 60 days of submission
and shall notify the developer and all other parties affected by his
determination of the allocation. Any party affected by such allocation,
including the developer, may appeal the determination of the Township
Engineer to the Greenwich Township Committee within 30 days by written
notice filed with the Township Clerk.
[Ord. No. 1998-14]
Except as provided in Subsection 21-10.7, each developer shall be responsible for its own allocation of the sewer costs as determined by the Township Engineer, or in the event of appeal, by the Greenwich Township Committee.
[Ord. No. 1998-14]
Except as provided in Subsection 21-10.7, upon final determination by the Township Engineer or upon decision of the Greenwich Township Committee in the event of an appeal, no developer shall utilize any sewer treatment capacity whether or not allocated pursuant to Subsection 21-10.2 without entering into a developer's agreement with the Township of Greenwich providing for payment to the Township of Greenwich for said developer's allocation of sewer costs. The developer's agreement shall provide that payment of the allocation of sewer costs may be paid in stages such that, at a minimum, payment of the allocation shall equal the proportion of the sewer treatment capacity being utilized.
[Ord. No. 1998-14]
The terms of the Modification of Settlement Agreement shall
provide for reimbursement of all sewer costs owed by Dowel to Toll.
[Ord. No. 1998-14]
In the event that more than 313,000 gallons of sewer treatment capacity becomes available from PSTP to either Toll, Dowel and/or 78 Associates or any other developer within the Northern Sewer District, any application pursuant to this section shall require a recalculation of the allocation of capacity in Subsection 21-10.3.
[Ord. No. 1998-14]
All moneys paid to the Township of Greenwich pursuant to Subsection 21-10.6 shall be paid to the developer which incurred the sewer costs within 30 days of receipt.
[Ord. No. 1998-14]
Any developer applying for an allocation of sewer costs pursuant to Subsection 21-10.4 shall pay, upon application to the Township of Greenwich, an application fee of $375 per application. A review deposit shall be paid by the developer to the Township of Greenwich in the amount of $1,000 per application. The review deposit shall cover the cost of engineering, legal and documentation fees and disbursements necessary to process each application. Where the review costs exceed or are anticipated to exceed the review fee deposit, the developer shall pay the additional amount prior to payment of any fee pursuant to Subsection 21-10.9.
[Ord. No. 2002-5; Ord. No. 2003-3]
All requests for a sewer allocation shall be submitted in writing
to the governing body of the Township of Greenwich. In the event that
a sewer allocation is not granted by the Township, no person or entity
shall obtain from the Township of Phillipsburg, the Phillipsburg Sewerage
Treatment Plant or any other entity, public or private, such sewerage
capacity without the express permission of the Township of Greenwich.
[Ord. No. 2002-5; Ord. No. 2003-3]
All recipients of a sewer allocation from the Township of Greenwich
shall not sell, assign or transfer any portion thereof to another
parcel, person or entity without the written consent of the governing
body of the Township of Greenwich.
[Ord. No. 2003-10]
No recipient of an allocation of sewer capacity shall sell,
assign or transfer any portion thereof to any person or entity, including
but not limited to any individual, business, corporation, partnership,
limited liability company, limited liability partnership, sole proprietorship
or other governmental entity (hereinafter "person or entity") other
than the Township of Greenwich.
[Ord. No. 2003-10; Ord. No. 2005-02 § 1]
The Township of Greenwich may elect, at the Township's sole
option, to recover any portion of sewerage capacity previously allocated
to any person or entity within the Township, upon 45 days of the mailing
of a written notice from the Township and upon the submission to the
person or entity of payment at the same unit price per gallon paid
by the person or entity to the Township. In no event shall the amount
repurchased and recovered exceed the difference between the allocated
sewage flow and the actual sewage flow (hereinafter "unused sewer
allocation"). The actual sewage flow shall be based on metered sewage
flow data and sound engineering practice. The Township's power to
exercise its right to repurchase and recover any portion of an unused
sewer allocation shall exist irregardless of whether the person or
entity from whom the sewer allocation is being repurchased and recovered
consents to the same.
[Ord. No. 2003-10]
The Township's right to repurchase any unused sewer allocation for purposes of holding the same in reserve or for any public project or for the purpose of protecting the public health and safety shall take priority over all applications submitted in accordance with Subsection 21-12.5 below.
[Ord. No. 2003-10]
In no event shall Greenwich repurchase and recover an unused
sewer allocation from a person or entity until the earliest of the
following events has occurred: (1) the project for which site plan
approval had been obtained and upon which a prior sewer allocation
had been granted is complete; (2) the project for which site plan
approval was obtained is abandoned.
[Ord. No. 2003-10; Ord. No. 2005-02 § 2]
Upon receipt by the Township of an application requesting the assignment of a sewer allocation, and provided further the applicant is a person or entity requesting a sewer allocation for property located within the sewer service area, as depicted on the Township's Wastewater Management Plan, and provided further: (1) site plan approval has been obtained from the Planning Board or Board of Adjustment for proposed new construction, or with regard to existing structure(s) situated on the property of the applicant for which site plan approval was granted by either the Planning Board or the Board of Adjustment to either the existing or prior owner of the property on which the structure(s) are situated, the amount of sewer capacity requested shall not exceed the amount necessary for the project or existing structure(s) for which site plan approval was obtained, calculated in accordance with regulations promulgated by the New Jersey Department of Environmental Protection; and (2) sufficient funds have been deposited into escrow for the Township and its professional consultants to review the application and consider whether unused sewer capacity exists, the Township may in its discretion repurchase the same in accordance with Subsection 21-12.2 and assign the allocation to the applicant, provided that: (i) a sufficient unused sewer allocation exists; (ii) the applicant has obtained site plan approval from either the Planning Board or the Board of Adjustment, or such site plan approval was granted to the owner or a prior owner of the property for presently existing structure(s) situated on the property of the applicant and for which the applicant requests the assignment of a sewer allocation; (iii) the Township is in receipt of sufficient funds from the applicant for the repurchase and recovery of the unused sewer allocation; and (iv) all conditions set forth herein have been fulfilled to the satisfaction of the Township Committee of the Township of Greenwich.
[Ord. No. 2003-10]
Nothing herein shall require the Township of Greenwich to repurchase
any unused sewer allocation.
