[Amended 9-28-2004 by Ord. No. 1579]
A.
The Galloway Township Municipal Utilities Division currently enforces two policies relating to the installation of sewers for subdivisions and developments as follows:
(1)
Comprehensive subdivision policy.
(a)
The comprehensive subdivision policy requires that every proposed subdivision or development be connected to a public sewer system prior to occupancy of that particular development. This connection may require the installation of additional gravity sewer lines, force mains and pumping stations in the public right-of-way. The developer shall be responsible for all costs associated with this connection and extension. The Galloway Township Municipal Utilities Division may determine that immediate connection into public sewers is unreasonable or undesirable upon review of the following conditions:
[1]
The distance between the proposed development and existing sewers.
[2]
The costs and magnitude of the required extension.
[3]
The number of units within the proposed development.
[4]
The average lot size per dwelling unit.
[5]
Surrounding density.
[6]
Environmental factors such as soil types and depth to seasonal high-water table on-site and in the surrounding area.
(b)
If upon review of the above conditions the Galloway Township Municipal Utilities Division determines that immediate connection is unreasonable or undesirable, the sanitary sewer contribution policy will take effect.
(2)
Sanitary sewer contribution policy. All residential developers of five lots or more and all commercial and industrial developers in a sewer service area that is deemed by the Galloway Township Municipal Utilities Division to be at an unreasonable distance for immediate connection into existing or proposed sanitary sewer lines shall be required to contribute for the cost of sanitary sewer lines that would be required to service the site in addition to approved septic systems.
(3)
All residential developers of five lots or more and all commercial and industrial developers shall be required to submit, in addition to any and all other plans, applications and fees as may be necessary pursuant to any other provisions of the Code of the Township of Galloway, a detailed set of plans setting forth the proposed placement of sanitary sewer facilities servicing such development, including details concerning the connection of same to existing sanitary sewer facilities, and any proposed deviation from the then current sanitary sewer master plan of the Township of Galloway. Plans shall provide all street improvement details, including restoration, construction or reconstruction. All street improvements shall be installed in accordance with Township standards as if constructing a subdivision. Where existing street conditions do not meet Township standards, the developer may be required to improve the street to Township standards at the discretion of the Engineer or Director of Public Works, including curb, drainage or other improvements deemed necessary. Such plans shall be provided to the Township Engineer for review simultaneously with the submission of all other required submissions of plans in conjunction with any land use application or application for connection to sanitary sewer facilities. In the event that such proposed connection to sanitary sewer facilities includes any proposal for deviation from the then current sanitary sewer master plan, the Municipal Engineer shall determine whether such deviation constitutes a major or minor deviation from said sanitary sewer master plan. In the event that such deviation(s) are determined by the Municipal Engineer to constitute minor deviations, the Director of Public Works shall determine the estimated cost associated with any revisions and/or amendments to the sanitary sewer master plan required as a result of such proposed minor deviation(s), and developer, as a precondition to the grant of any approval(s) to construct such sanitary sewer facilities as proposed, shall be required to reimburse the Township of Galloway for the full amount of such costs as estimated by the Director of Public Works. In the event that such deviation(s) are determined by the Municipal Engineer to constitute major deviations, such proposed deviation(s) shall be subject to the review and approval of the Galloway Township Municipal Utilities Division. In the event that such proposed major deviations are approved, the Galloway Township Municipal Utilities Division shall determine the estimated cost associated with any revisions and/or amendments to the sanitary sewer master plan required as a result of such proposed major deviation(s), and developer, as a precondition to the grant of any approval(s) to construct such sanitary sewer facilities, shall be required to reimburse the Township of Galloway for the full amount of such costs.
[Added 5-23-2006 by Ord. No. 1656]
B.
The standards set forth under this article apply to the installation or contribution and/or connection of an operational sanitary sewer system which may include gravity lines, force mains, pumping stations, street laterals and treatment plants for residential subdivisions and developments.
C.
Recapture. Developers who expend funds for the extension of sewer facilities may seek to recover some costs of their expenditures. The Municipal Utilities Division regulates and controls all recapture agreements. Recapture agreements will be executed only when the Municipal Utilities Division requires specific upgrades to a developer's plan for providing sanitary sewer service in order to satisfy the Municipal Utilities Division Ultimate Basin Plan. The recapture agreement will cover the incremental increase in labor and materials costs for the upgrades to a proposed sanitary sewer line, force main or pumping station. Should the Municipal Utilities Division require the construction of a new pumping station or force main that is not necessary to provide service to the developer's project, then the entire cost of the station/force main is eligible for recapture. (Example: The developer proposes an eight-inch line in a roadway but the Municipal Utilities Division requires/desires a twelve-inch line in order to provide service for future development, then the difference in the cost of the two different-sized pipes is eligible for the recapture agreement). These "incremental costs" are hereinafter called "recapture costs." A recapture agreement will not be executed on any recapture that costs less than $20,000.
[Added 8-12-2008 by Ord. No. 1760]
(1)
General provisions.
(a)
All recapture agreements must be prepared and approved by the Municipal Utilities Division Solicitor. Once drafted, the agreement must be submitted to and approved by the Township Engineer and Township Clerk in conjunction with the final application. The agreement must contain all information pertinent to the application.
(b)
All recapture agreements are for five years. An extension may be granted for good cause as demonstrated by the developer. All extensions requests must be in writing and reviewed by the Township Officials prior to the expiration of the original agreement.
(c)
The charges that are eligible to be included in the agreement are all incremental increases in labor and material.
(d)
All commercial connections will be subject to recapture based on the permitted annual flow.
(e)
All recapture monies and administrative fees must be paid prior to the Galloway Township Municipal Utilities Division Construction Permit being issued.
(f)
All checks for recapture must be certified to insure that monies will be available to disperse to the original developer.
(2)
Original developer.
(a)
The original developer is required to submit an estimate of the recapture costs in conjunction with final approval. For projects where upgrades are required, the ultimate recapture costs will be based on the estimate provided with the final approval. For projects that require the construction of a new pumping station or force main, all construction costs must be submitted to the Township Engineer for review and certification within 30 days of the completion of the project.
(b)
The original developer will be required to pay an administrative fee.
[1]
The amount of the administrative fee will be 1% of the recapture costs of the project.
[2]
This administrative fee must be paid for by the developer at the time the agreement is signed by the developer and presented to the Township for approval.
[3]
The administrative fee will also be charged on an agreement extension.
(c)
The total recapture amount will consist of the certified construction cost, administrative fee and 15% of the construction costs for soft costs.