The Township of Barnegat, County of Ocean, State of New Jersey (hereinafter referred to as the "Township"), has entered into an agreement entitled "Water Facilities Agreement" with Mark Madison, LLC, (hereinafter referred to as the "WFA") which WFA is dated June 5, 2006.
The aforementioned WFA is on file at the office of the Township Clerk and can be reviewed by the public during normal business hours; and
The WFA, in part, provided that Mark Madison, LLC will install certain water facilities including, but not limited to, a well with a capacity of one thousand (1,000) gallons per minute to the water supply, an associated water treatment plant, and an elevated water storage tank with a capacity of one million gallons (collectively referred to as the "water facilities").
The WFA provides, in part, a means by which Mark Madison, LLC will be reimbursed for constructing the over-sizing of the water facilities, inasmuch as the proposed water facilities will benefit not only future developments to be constructed by and on behalf of Mark Madison, LLC but by other developers and unrelated property owners throughout Barnegat Township.
The Township believes it is necessary and proper to codify the terms of the aforementioned WFA by ordinance, and furthermore to delineate and define the manner in which Mark Madison, LLC could be reimbursed by future users as defined in the WFA, in the Service Area (not by the Township or its taxpayers) when those developers seek development approval in the Service Area, and be permitted to utilize a portion of the off-site water facilities which have been funded by Mark Madison, LLC.