[Adopted 1-21-08 by Ord. No. 2008-22]
[1]
Editor's Note: Former Article VI, Water Facilities Agreement with Menk Corporation, previously codified herein and containing portions of Ordinance No. 1999-3 and 2004-10 was replaced by Ordinance No. 2008-22, Water Facilities Agreement with Mark Madison, LLC.
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.