[Adopted by Ord. No. 1-91 (Ch. 15, Sec. 15-12, of the 1978 Revised General Ordinances)]
This article is adopted pursuant to the power granted to the
Township of Denville in N.J.S.A. 40:55D-42 and shall establish a mechanism
for the imposition of an off-tract sewage capacity fee upon those
properties which secure sewage capacity in the wastewater treatment
facility of the Rockaway Valley Regional Sewerage Authority ("RVRSA")
made available as a result of the acquisition of capacity in the wastewater
treatment facility of the Township of Parsippany-Troy Hills and the
transfer of gallonage presently flowing into the RVRSA system to the
Parsippany-Troy Hills system.
Unless the context clearly provides otherwise, the following
terms shall be given the definitions listed below:
The aggregate amount paid by the Township of Denville to
the Township of Parsippany-Troy Hills for gallonage in the wastewater
treatment facility of the Township of Parsippany-Troy Hills, together
with all interest paid by the Township of Denville on any financing
of the capital costs paid to the Township of Parsippany-Troy Hills,
all other financing costs, legal fees and engineering fees incurred
by the Township of Denville to secure the agreement and gallonage
from the Township of Parsippany-Troy Hills, the costs of all infrastructure
improvements necessary for the transmission of sewage to the Parsippany-Troy
Hills wastewater treatment facility and any other related costs, excluding
the interbasin transfer infrastructure costs defined below.
The cost of all infrastructure improvements necessary for
the transfer of gallonage from the RVRSA system to the Parsippany-Troy
Hills system, including, without limitation, engineering costs, labor
and material costs, costs for easement acquisition and all other soft
and hard costs related to the interbasin transfer.
The proportionate share of costs, as herein defined, allocated
to the property based upon the ratio where the numerator constitutes
the amount of gallonage capacity utilized by the property and the
denominator is the total amount of gallonage capacity secured by the
Township of Denville from the Township of Parsippany-Troy Hills.
The proportion share of interbasin transfer infrastructure
cost, as herein defined, allocated to property based upon the ratio
where the numerator constitutes the amount of gallonage capacity utilized
by the property and the denomination is the aggregate amount of gallonage
transferred from the RVRSA sewerage system to the Parsippany-Troy
Hills sewerage system.
A.
Upon receipt by an applicant of an allocation of gallonage by the
Township of Denville from the gallonage in the RVRSA system made available
as a result of the acquisition of capacity by the Township of Denville
from the wastewater treatment facility of the Township of the Parsippany-Troy
Hills and the transfer of gallonage presently flowing into the RVRSA
system into the Parsippany-Troy Hills system, the applicant shall
pay to the Township of Denville:
(1)
Its pro-rata acquisition costs for said gallonage; and
(2)
Its pro-rata interbasin transfer infrastructure cost. The said sum
shall be paid to the Township within 30 days of the allocation. If
said sum is not paid within that period, the allocation of gallonage
shall become null and void and of no legal effect.
B.
Pro-rata determination. The amount of the fee imposed upon the applicant
shall be determined at the time that the allocation of gallonage is
made to the applicant and shall be based upon the following formula:
Applicant's fee = aggregate costs of gallonage to Township of
Denville x number of gallons allocated to applicant/aggregate number
of gallons acquired from the Township of Parsippany-Troy Hills + pro-rata
interbasin transfer infrastructure cost.
C.
The amount of gallonage to be utilized by the applicant shall be
based upon a determination made by the Township Engineer of the Township
of Denville utilizing, among other things, all standards imposed by
the Township of Parsippany-Troy Hills and the Township of Denville
and in accordance with the requirements of the New Jersey Department
of Environmental Protection.
A.
The payment
by the applicant of the fee imposed under this article shall be in
addition to and not in lieu of any and all other fees imposed by the
Township of Denville in connection with the development, including,
without limitation, sanitary sewer connection fees.
B.
In addition,
the applicant shall be responsible for the securing of all other approvals
from all governmental entities having jurisdiction over the development
project.
