[Adopted by Ord. No. 12-88; amended in its entirety by Ord. No. 22-05 (Ch. 2, Sec. 2-32, of the 1978 Revised General Ordinances)]
A.
Under court order entered by the Honorable Jacques H. Gascoyne in
the matter Department of Health State of New Jersey, et al. v. City
of Jersey City, et al., Docket No. C-3447-67, dated July 25, 1986,
and revised and clarified by order dated July 30, 1986, the Township
of Denville has available for future allocation from the Rockaway
Valley Regional Sewerage Authority ("RVRSA") treatment facility the
following categories of gallonage:
B.
The following provisions are intended to establish an orderly policy
and procedure for the allocation of this gallonage to users in the
Township of Denville. The procedures established herein shall be implemented
by the Township Department of Health which may promulgate specific
regulations consistent with the terms hereof.
A.
Gallonage from this category shall be allocated to relieve health
hazards within the Township of Denville in accordance with the requirements
established by the court orders of the Honorable Jacques H. Gascoyne
in the matter Department of Health State of New Jersey, et al. v.
City of Jersey City, et al., Docket No. C-3447-67, dated July 26,
1986, and revised and clarified by order dated July 30, 1986.
B.
All health hazards shall be so certified by the Health Administrator
of the Township of Denville.
C.
The Health Administrator shall have the right in emergency situations
to allow a connection to be made to the sanitary sewer system immediately
to eliminate a threatening health hazard.
D.
All allocations made in this category shall be valid for a period
of six months from the date of the allocation, which period may be
extended for good cause shown by the Health Administrator. Any allocation
which expires by its terms under this category shall revert to this
health hazard category.
A.
Committed flow shall be all gallonage for which valid outstanding
court orders exist allocating said gallonage, or for which valid construction
permits have been approved by the Township of Denville, the RVRSA
and the New Jersey Department of Environmental Protection ("NJDEP").
B.
All committed flow allocations shall be valid for the time periods as set forth in the court order or in accordance with any construction permit issued. Any allocation of gallonage granted under a court order which expires shall revert to the new growth reserve under § 437-25. Any allocation of gallonage granted under a CP No. 1 Permit without a specific court order shall revert to the RVRSA general gallonage pool created under the above-mentioned court orders of the Honorable Jacques H. Gascoyne and available to any municipality on a first come, first serve basis.
C.
The governing body of the Township of Denville may entertain requests
for extensions of time to utilize the gallonage. Any extensions shall
be subject to the approval of the RVRSA.
A.
The new growth reserve shall be utilized for new construction within
the Township of Denville.
B.
All applications for gallonage as set forth below shall be made to
the Denville Department of Health on forms provided by said Department.
Complete applications shall be placed in the following categories
by the Health Administrator and handled as set forth within said category:
(1)
Applications where no NJDEP construction permits or permits to operate
("NJDEP permits") are necessary and where no Planning Board or Board
of Adjustment approval is necessary.
(a)
The allocation shall be granted by the Health Administrator
upon the applicant's submission of adequate proof to the Health Administrator
that the lot in question is a conforming, buildable lot. The allocation
shall remain valid until July 1, 1993, at which time it shall be automatically
revoked if a certificate of occupancy has not been issued for the
construction.
(2)
Applications where NJDEP permits are necessary, but no Planning Board
of Adjustment approvals are necessary.
(a)
The allocation shall be granted by the Health Administrator
and shall be valid for a period of 12 months within which the applicant
shall obtain the necessary NJDEP permits. If the NJDEP permits are
not obtained within said twelve-month period, the allocation shall
lapse. If the requisite NJDEP permits are issued within said twelve-month
period, the allocation shall be valid for a period coincident with
the period of validity of the NJDEP permit.
(3)
Applications which require approval of the Planning Board or Board
of Adjustment, but no NJDEP permits are necessary.
(a)
Minor subdivisions. Application shall be made to the Health
Administrator after receipt of minor subdivision approval. Upon perfection
of the minor subdivision, in accordance with N.J.S.A. 40:55D-47, the
allocation shall become permanent. If the minor subdivision is not
perfected within a period of 12 months from the date of receipt of
the allocation, the allocation shall lapse.
(b)
Major subdivisions or site plans. Applications shall be made
to the Health Administrator only after preliminary approval is given
to the major subdivision or site plan. The allocation shall be granted
by the Health Administrator and shall be valid for the period of validity
of the preliminary approval. The allocation shall become permanent
upon the granting of final major subdivision approval or upon the
issuance of a certificate of occupancy for the building constructed
in accordance with the site plan.
(c)
Variances from the Board of Adjustment. Applications shall be
made to the Health Administrator only after the granting of the variance
by the Board of Adjustment. The allocation shall be valid for the
period of validity of the variance or for two years from the granting
of the variance, whichever is greater.
(4)
Applications which require both NJDEP permits and Planning Board
or Board of Adjustment approval.
(a)
All applications shall be made only after approvals are granted
by the Board of Adjustment or Planning Board to the Health Administrator.
The allocation shall be granted by the Health Administrator and shall
be valid for a period of 12 months to allow the applicant to obtain
the NJDEP permits. If the NJDEP permits are not obtained within said
twelve-month period, the allocation shall lapse. If the NJDEP permits
are received by the applicant within said twelve-month period, then
the allocation shall be valid for the period coincident with the validity
of the NJDEP permit or for the period of validity as set forth below,
whichever is greater:
[1]
Minor subdivisions. Upon perfection of the minor subdivision,
the allocation shall become permanent.
[2]
Major subdivisions or site plans. The allocation shall be valid
for a period coincident with the period of validity of the preliminary
approval. The allocation shall become permanent upon the granting
of final major subdivision approval or upon the issuance of a certificate
of occupancy for the building constructed in accordance with the site
plan.
[3]
Variances from the Board of Adjustment. The allocation shall
be valid for the period of the validity of the variance or two years,
whichever is greater.
C.
Within the category of new growth reserve gallonage, there is hereby
reserved the amount of 2,200 gallons which shall be utilized for small
user allocations as hereinafter defined. The allocation shall be granted
by the Health Administrator upon the applicant's submission of adequate
proof to the Health Administrator that the lot in question is an approved
buildable lot. The allocation shall remain valid until July 1, 1993,
at which time it shall be automatically revoked if a certificate of
occupancy has not been issued for the construction. Priority shall
be given to applications for gallonage from the small user category
in the order in which such completed applications for approved buildable
lots are received by the Health Administrator.
D.
The term "small user allocation" shall be defined as an allocation
for an isolated, approved building lot or for an approved building
lot created by a minor subdivision.
In the event that the Health Administrator or the Township Administrator
determines that an applicant has not commenced the necessary construction
within the time period for which the allocation is valid, or once
commenced has not diligently pursued said construction, or that the
application is violating any material laws of the State of New Jersey
or ordinances, rules and regulations or requirements of the Township
of Denville, the Health Administrator or the Township Administrator
shall request the governing body of the Township of Denville 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 Denville, 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
or procedural and substantive due process.
Nothing in this article shall be interpreted to eliminate the
need for approval of the Rockaway Valley Regional Sewerage Authority
as required under the court orders of the Honorable Jacques H. Gascoyne
of July 25, 1986 and July 30, 1986, as referenced hereinbefore, or
the rules and regulations of the Rockaway Valley Regional Sewerage
Authority.
