[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.[1]
[1]
Editor's Note: The preamble to this ordinance provided as follows:
"WHEREAS, the New Jersey Department of Environmental Protection has adopted regulations requiring municipalities to be copermittees for certain development projects that require a New Jersey Pollutant Discharge Elimination Systems (NJPDES) permit, and
WHEREAS, any decision by the township to serve as a copermittee for a particular project raises the risk that the township may be financially responsible for damage caused by a malfunction of a co-permitted development's wastewater treatment or pollution discharge system, and
WHEREAS, it is therefore imperative that the township enact stringent standards and guidelines that must be met before the township will consider approving copermittee status, and
"WHEREAS, the Township Committee has carefully considered the matter and has developed certain guidelines and standards which will govern application to the township for copermittee approval and which it believes will fully protect the township,
"NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Dennis as follows."
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.[1]
[1]
Editor's Note: see N.J.S.A. 10:4-6 et seq.
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) 
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) 
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) 
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:
A. 
Performance bond.
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) 
A basic application fee for administration of the permit process in the amount of $1,000.
(2) 
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.