[HISTORY: Adopted by the Township Committee of the Township
of Dennis 12-10-1990 as Ord. No.
90-206. Amendments noted where applicable.]
The averments of the preamble are incorporated herein by reference.
The following procedure shall be followed for each copermittee
application:
A. A developer must make written application to the Township Committee
for copermittee review of his project. This application must be submitted
no later than 10 days after the applicant submits his application
to the state for a New Jersey Pollutant Discharge Elimination Systems
(NJPDES) permit.
B. The Township Committee will not consider an application until it
is complete.
C. An application shall not be deemed complete until all the conditions
precedent (which are set forth below) have been satisfied by the developer.
D. Upon submission, a copy of the application shall be referred to a
township copermittee Review Board, consisting of one member of the
Township Committee and two members of the Township Environmental Commission.
E. The Review Board shall have a period of time, not more than 120 days,
to conduct a preliminary review of the application, both for completeness
and for an assessment of its merits. This review may include referring
the application to various experts, including the Township Engineer,
for review and report.
F. When preliminary review by the Township Committee and its experts
is complete, the Review Board shall schedule a special meeting or
hearing that shall be advertised in the manner specified by the Open
Public Meetings Act.
G. At this hearing, the Review Board shall formally consider the application.
The Township Solicitor, Township Engineer and any other township experts
may also attend.
H. The applicant or developer shall pay an application fee that shall
include an amount set aside in escrow to pay the costs of processing
the application, including reimbursement of the Township Engineer,
the experts retained by the township and the Township Solicitor.
I. At the hearing, which shall be recorded, the applicant shall present
its case for copermittee approval. The hearing officers and the experts,
including the Township Engineer, will be permitted to ask any and
all questions of the applicant.
J. The burden of proof with respect to copermittee approval shall at
all times be on the applicant.
K. The applicant shall be required to demonstrate its entitlement to
copermittee approval by clear and convincing evidence.
L. No vote shall be taken at this hearing. After the testimony has closed,
the Review Board shall have a period of time, not more than 45 days,
to make a report and recommendation to the Township Committee.
M. Upon receipt of this report and recommendation, the Township Clerk
shall cause a notice to be published in the official newspaper, stating
that the report and recommendation are on file at the Clerk's
office and may be examined by any member of the public.
N. The report and recommendation will be formally considered by the
Township Committee at a regular Committee meeting held not less than
one month after receipt of the report.
O. The Township Committee will vote at this regular meeting whether
to accept or reject the report and recommendation of the hearing officer(s).
This vote will occur after an opportunity for public comment. The
Committee shall have the option, based on public comment received,
of referring the matter back to the Review Board for further review
or consideration.
P. Should the Committee vote to approve a copermittee arrangement, that arrangement shall be embodied in an agreement between the township and the applicant, except as set forth in Subsection
Q below. The agreement shall be drafted by the Township Solicitor and shall include all conditions and requirements imposed by these rules or by the Township Committee.
Q. If, at the time the township is to decide the copermittee application,
the state has not determined whether to issue an NJPDES permit, any
township approval shall be limited to a letter of intent, stating
the township's intention to approve a copermittee arrangement
on specified conditions, including issuance by the state of an NJPDES
permit.
R. copermittee approval shall be valid for one year from the date of
execution of the copermittee agreement, and this limitation shall
be an express provision in each agreement.
The following items must be provided by applicants for copermittee
approval. Provision of these items are conditions precedent to approval
of a copermittee application and must be accomplished before an application
will be considered.
A. Application fee, including escrow amounts as set forth above.
B. Engineering and environmental details of the proposed wastewater
treatment system, sufficient to allow the township and its experts
to conduct a thorough review of the environmental integrity of the
system.
C. The names of all owners of the project, including individual principals
and any corporate or partnership entity involved; documentation of
the financial condition of each, sufficient to allow the township
to determine financial ability.
D. The names of all lessees or proposed lessees of the project so far
as they are known.
E. Insurance.
(1)Â Proof of comprehensive pollution liability insurance (third-party
coverage) of a kind acceptable to the township, with minimum limits
of $1,000,000 per occurrence and $3,000,000 annual aggregate.
(2)Â Proof of comprehensive pollution clean-up insurance (first-party
coverage) of a kind acceptable to the township, with minimum limits
of $1,000,000 per occurrence and $3,000,000 annual aggregate.
(3)Â The township shall determine the appropriate amount of insurance
required for each project based on the particular circumstances involved.
Failure to satisfy this requirement shall result in denial of the
copermittee application.
F. A detailed description of the form of ownership of the project. If
it is a condominium or some other form of shifting ownership, a commitment
from the developer to remain as guarantor of the project, or some
other proof acceptable to the township of the continuing financial
viability and stability of the project or its owners.
G. Market studies or other evidence of the project's financial
viability.
H. A performance bond in amounts sufficient to guarantee the proper
design, installation, operation, maintenance, repair and replacement
of the proposed wastewater treatment system.
I. Creation of or commitment to create an interest-bearing fund of an
amount sufficient to provide for the ongoing maintenance, repair and
replacement of the proposed wastewater treatment system.
J. A complete history of the developer's prior development projects
so that the township can evaluate the developer's past performance
record. This requirement applies to each individual and entity involved
in the project.
K. A commitment by the applicant to execute an indemnification agreement
with the township in which the township is held harmless against any
claims arising out of the installation, maintenance, operation, etc.,
of the system.
L. Prior Zoning and Planning Board preliminary approvals, as required,
and all other governmental approvals, including county approvals.
M. Proof that application has been made to the state for an NJPDES permit.
N. Attestation, under penalty of perjury, of the truth, accuracy and
completeness of the information submitted.
The following substantive requirements or standards must be
met by every applicant for copermittee approval.
A. The applicant must demonstrate that there is no appreciable risk
of environmental harm from the long-term operation of the wastewater
treatment system it proposes to install. In particular cases, as deemed
necessary by the township, compliance with this requirement may necessitate
adherence by the applicant to standards more stringent than those
promulgated by the State of New Jersey in connection with issuance
of NJPDES permits for wastewater treatment systems. (See N.J.A.C.
76:14-1.1 et seq.)
B. The applicant and all individuals and entities involved must demonstrate
to the Committee's satisfaction that they are financially stable
and have sufficient financial resources to ensure proper construction,
operation and maintenance of the project.
C. The applicant must demonstrate, to the Committee's satisfaction,
the long-term financial viability of the project.
D. All individual owners and lessees as determined by the Committee
must agree to serve as copermittees. The Committee shall have discretion
to determine which of the project's lessees shall become copermittees,
based on the projected position of the lessee in the operation of
the development, e.g., whether it is an anchor tenant.
E. The applicant must demonstrate to the Committee's satisfaction
prior experience and expertise in this sort of development and a past
performance record that indicates the applicant's financial and
environmental integrity and competence.
F. The applicant may demonstrate and the township may take into consideration
that the project serves a particularized public need beyond the fact
that it generates jobs or tax revenue or complies with the relevant
zoning and planning provisions.
G. The applicant must demonstrate its continuing financial commitment
to the project; in particular, the township should refuse to act as
copermittee for any condominium-type arrangement unless the applicant
commits to remain as a guarantor of the project or furnishes alternative
proof of continuing financial viability and stability.
H. The applicant must agree to limit the nature of discharges to the
system as the township requires or to any other relevant condition
approved by the township.
I. The developer/owner must commit to annual proof of satisfactory insurance
coverage and annual proof of financial stability of both the project
and the principals, as well as any copermittees.
Every copermittee agreement between the township and an applicant
must contain, at a minimum, the following items:
B. Indemnification agreement.
C. Applicant's commitment to be fully responsible for the cost
of installation, maintenance and operation of the system.
D. Easements to the township granting unlimited access for inspection.
E. Developer's commitment to retain a licensed inspector to inspect
the system monthly and forward those inspections to the township.
F. Provision for an annual license fee.
G. Provisions for the escrow agreement.
H. Township's right to investigate and approve any tenants of the
facility.
I. Township's right to control the type of discharges into the
system.
J. A catch-all provision for any other relevant conditions.
K. Proof of insurance, together with the requirement that the project
annually demonstrate sufficient insurance coverage and financial integrity.
L. A statement that failure to fulfill any of these conditions shall
immediately terminate the copermittee approval.
The following fees must be paid in connection with every copermittee
application:
A. An applicant for copermittee approval from the township shall, at
the time of filing of his application with the township, pay the following
fees:
(1)Â A basic application fee for administration of the permit process
in the amount of $1,000.
(2)Â An escrow fee for retention and payment of professionals to review
technical documents and for additional document review and execution
of the state permit process in the initial amount of $3,000. The applicant
shall be required to make additional payments in escrow should the
township have to spend additional money for review purposes.
B. Upon approval, an applicant shall be required to pay a fee in the
amount of 2% of the amount of the performance bond for the wastewater
treatment project, to provide funds for the periodic review of inspection
and monitoring reports for the project. The applicant shall, on or
before January 31 of each calendar year, replenish this fund to its
original amount.