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.
The method of calculation and requirement for payment of unit
reimbursement amount for persons benefiting from the water facility
improvements constructed by Mark Madison, LLC in accordance with the
Water Facilities Agreement dated June 5, 2006, is as follows:
All terms and conditions set forth in the WFA entered into by
and between the Township of Barnegat and Mark Madison, LLC, a New
Jersey corporation, dated June 5, 2006 are incorporated herein by
reference as if set forth more fully herein and repeated at length.
A copy of the aforementioned WFA is on file with the Township Clerk
at the Municipal Building in Barnegat Township, New Jersey, and can
be reviewed during normal business hours.
In accordance with the aforementioned WFA, future users of property
in the Service Area, except for those who are exempted herein and
in the aforementioned WFA dated June 5, 2006, are required to pay
a unit reimbursement amount in order to partially repay Mark Madison,
LLC for monies paid by Mark Madison, LLC to provide for the construction
of the water facilities which are referenced in the aforementioned
WFA. The intent of assessing all developers in the Service Area the
unit reimbursement amount is to reimburse and repay Mark Madison,
LLC excess monies paid by Mark Madison, LLC for the oversizing of
the water facilities, while not imposing on the Township in any manner
any obligation whatsoever to Mark Madison, LLC to pay for or accept
any financial responsibility for those payments made by Mark Madison,
LLC to oversize the water system.
Every future user (other than as provided for in the aforementioned
WFA dated June 5, 2006) of any property located within the Service
Area shall pay to Mark Madison, LLC, via the Township, an amount as
calculated in Subsection 11.02 and 11.03 of the WFA.
Water connection fees paid by other properties to the Township
in accordance with Township Sewer and Water Facility Rules and Regulations
shall be retained by the Township and not credited to Mark Madison,
LLC.
The Township is under no obligation to pay to Mark Madison,
LLC any of the Township funds in order that Mark Madison, LLC will
recoup in full the reimbursement amount, as defined in the Agreement.
All such payments shall come from other properties, pursuant to the
provisions of the Agreement. Mark Madison, LLC in accordance with
the Agreement may be reimbursed by various methods, all of which are
specified in the Agreement including, but not limited to, a reimbursement
from other properties within the Service Area on a pro rata basis.
[Added 9-21-2015 by Ord.
No. 2015-11]
A. The "First Amendment" to the Water Facilities Agreement is hereby
adopted. A true copy of the Water Facilities Agreement is on file
at the office of the Township Clerk and can be reviewed during normal
business hours.
B. The Township finds that the "First Amendment" to the Water Facilities
Agreement is an appropriate and proper method by which Mark Madison,
LLC will be reimbursed for off-site improvements referenced in the
original Agreement and the First Amendment thereto.
C. This Agreement, a true copy of which is on file at the Office of
the Township Clerk and can be reviewed during normal business hours,
is in accordance with the provisions of N.J.S.A. 40:55D-42.
D. The Township authorizes and directs the Mayor, Township Clerk and
Township Administrator to execute any and all necessary documents
in order to implement the intent of this article.
[Added 9-21-2015 by Ord.
No. 2015-12]
A. The Township adopts the "Off Tract Reimbursement Agreement for Sewer
Facilities constructed by Mark Madison, LLC", a true copy of which
is on file at the office of the Township Clerk and can be reviewed
during normal business hours.
B. This Ordinance No. 2015-12 and Agreement provides a mechanism by
which Mark Madison, LLC will be reimbursed the fair share of the cost
of improvements benefited by others who connect to the sanitary sewer
system in accordance with the terms of the Agreement.
C. The Township authorizes and directs the Mayor, Township Clerk and
Township Administrator to execute any and all necessary documents
in order to implement the intent of this article.