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:
COSTS
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.
INTERBASIN TRANSFER INFRASTRUCTURE COST
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.
PRO-RATA ACQUISITION COSTS
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.
PRO-RATA INTERBASIN TRANSFER INFRASTRUCTURE COST
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.