Borough of Franklin, NJ Sewer Allocation Reservation and Transfer

A sewer allocation reservation permit represents a commitment by the Borough of Franklin to reserve a portion of its available sewer allocation with the Sussex County Municipal Utility Authority. Sewer allocation reservation permits shall be available only for properties within the Borough of Franklin that will connect to and transmit sewage through the Borough of Franklin's municipal sewer system.

The Borough of Franklin makes no representations regarding extension of the municipal sewer system to those areas of the Borough that are outside of the Borough's existing sewer service area contained in its existing wastewater management plan.

General conditions.

The sale of sewer allocation reservation permits shall be in accordance with the criteria contained in this chapter and shall be conditioned upon the endorsement and/or approval of the SCMUA.

Any person or entity requesting to reserve sewer allocation shall make an application to the Borough of Franklin Public Works Committee for a sewer allocation reservation permit as provided under this article, and the applicant shall pay an application fee and an escrow from which the costs and expenses the Borough incurs for reviewing the application and preparing any agreements related to the permit shall be paid. The escrow shall include but not be limited to paying the costs of the Borough's attorney's fees and engineers' review costs. The escrow shall be administered in the same manner as a professional escrow under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-53.2.

[Amended 3-8-2016 by Ord. No. 6-2016]

Sewer allocation reservation permits shall only be sold to property owners or purchasers under contract within the Borough of Franklin who own or have an interest in a specific piece of property that will be connected to the Borough's sewer system.

(4)

Each permit shall be specific to the lot and block of the property designated by the applicant on the application.

(5)

Sewer allocation reservation permits shall not be sold or transferred to another parcel without the express written consent of the Borough of Franklin Public Works Committee. An applicant seeking to transfer a permit from one property to another must first request a hearing and obtain approval from the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 213-24 Application.

[Amended 3-8-2016 by Ord. No. 6-2016]

An applicant shall file with the Public Works Committee three copies of an application for a sewer reservation permit on forms prescribed by the Public Works Committee. The application shall include the following information:

Name and address, phone and fax numbers of the applicant. If the applicant is a business entity, the name and address of all owners of the applicant shall be included in the application.

The street address of the property and the tax lot and block designation.

The lot dimensions.

The total area of the lot.

In the case of residential dwelling(s), the square footage of the proposed dwelling(s) and the number of bedrooms to be included in the dwelling(s), to the extent known.

The proposed use of the property or type of building or buildings to be constructed; the scope of the project and anticipated number of units to be connected to the sewer system.

If a subdivision is involved, a copy of the approved subdivision and resolution and/or a preliminary sketch of the proposed subdivision showing the number of lots proposed.

If townhouses, condominiums or garden apartments are the subject matter of the application, an approved preliminary site plan or preliminary sketch showing the number of townhouses, condominiums or garden apartments and the number of proposed bedrooms in the dwellings to be constructed.

For all commercial or industrial uses, an approved preliminary site plan or sketch shall be submitted with the application showing the type of proposed use of the premises.

A certification by the applicant's engineer as to the number of gallons of sewage that will be required for the proposed use of the property. All estimates shall be based on the Borough ordinances, and the applicant's calculations shall be submitted with the application.

Copies of any and all resolutions of any Zoning or Planning Board, any construction or zoning permit or other approvals obtained by the applicant for the property. If the property owner does not have an approval, a report from a New Jersey licensed engineer, planner or architect showing that the property meets all zoning requirements for the proposed use of the property shall be submitted with the application.

The projected date the project will first begin transmitting sewage through the Borough of Franklin's sewer system to the SCMUA.

Proof that all property taxes and municipal assessments have been paid in full.

Applications shall be submitted with the fee and escrow contained in Chapter 119, Fees.

Any other items deemed necessary by the Public Works Committee.

§ 213-25 Hearing on permit application and fees.

Upon receipt of the application, the required nonrefundable application fee and the escrow provided for in Chapter 119, a copy of the application shall be circulated to the Planning and Zoning Boards for comment. The Planning and Zoning Boards shall have 90 days from receipt of the application to provide their written comments to the Public Works Committee. Upon receipt of the Planning and Zoning Boards' comments, the Public Works Committee shall hold an initial hearing, at which time applicant may present testimony in support of the application.

[Amended 3-8-2016 by Ord. No. 6-2016]

The Public Works Committee will attempt to schedule the hearing within 45 days from the date a complete application, fee and escrow are filed with the Secretary of the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

The Public Works Committee shall render its decision within 30 days from the date of the conclusion of the hearing(s).

[Amended 3-8-2016 by Ord. No. 6-2016]

Conditions of approval.

In the event the application is approved, the current sewer allocation reservation fee as provided for in Chapter 119, Fees, shall be paid for the reservation prior to issuance of the sewer allocation reservation permit. The sewer allocation reservation permit fee paid shall be credited, without interest, against the Borough's sewer connection fee to be paid by the applicant at the time the property is connected to the Borough of Franklin's municipal sewer system. The sewer connection fee shall be the fee in effect at the time the property is connected to the Borough sewer system, not the fee that is in effect at the time the reservation is made.

In the event an applicant does not have an approved subdivision and/or site plan, the applicant must file the application in an expeditious manner which shall be no more than 90 days after approval of the sewer allocation reservation application. In the event the project is not approved by the Planning and/or Zoning Board, or if the applicant abandons or withdraws the application or otherwise does not proceed with the project or a modified project, the allocation shall revert to Franklin as of the time the project is rejected or, in the event the applicant appeals such denial, lapse of appeal rights or upon applicant's withdrawal or abandonment of the project. Additionally, any reservation fees paid to Franklin shall be returned to the applicant, with the Borough retaining 10% of the sewer reservation fees for each year, or any part thereof, that the sewer allocation had been retained by the applicant. The applicant shall be responsible for the ten-percent annual fee regardless if they retain the allocation for less than a full year. In the event the applicant has entered into a payment agreement with the Borough for the allocation reservation, the Borough shall also retain any interest paid to it by the applicant.

The applicant shall be responsible for obtaining all necessary permits and approvals for its project at its sole cost and expense. In the event applicant fails to secure such permits or approvals, the reservation shall automatically terminate. Additionally, any reservation fees paid to Franklin shall be returned to the applicant, with the Borough retaining 10% of the sewer reservation fees for each year that the sewer allocation had been retained by the applicant. The applicant shall be responsible for the ten-percent annual fee regardless if they retain the allocation for less than a full year. In the event the applicant has entered into a payment agreement with the Borough for the allocation reservation, the Borough shall also retain any interest paid to it by the applicant.

(4)

In the event the project is approved for a use that will utilize less than the total amount of gallons per day of sewer allocation reserved, the remaining allocation over and above the allocation reasonably needed by the applicant shall revert to the Borough of Franklin. The applicant shall receive a credit for the excess allocation reservation fees against applicant's sewer connection fees.

(5)

Upon approval and payment of the sewer allocation reservation fee, the applicant shall enter into a sewer allocation reservation agreement with the Borough of Franklin. In addition, prior to applicant's connection to the Borough's sewer system, a separate developer's agreement shall be required containing the terms and conditions of the applicant's connection to the Borough's sewer system. The developer's agreement shall include but not be limited to the following items: the amount of and time of payment of the Borough of Franklin sewer connection fee; the terms and conditions for the extension of an existing sewer main; such other terms and conditions as deemed necessary by the Public Works Committee. The applicant shall be responsible for all costs and expenses the Borough incurs in negotiating, preparing and executing the sewer allocation reservation agreement as well as the developer's agreement, including, but not limited to, the fees incurred by the Borough's Engineer and Attorneys. All agreements shall include a provision by which the applicant agrees to indemnify, defend and hold harmless Franklin, its officers, employees, agents or servants from any claim, liability, suit and/or costs arising out of or in any way connected with the sewer allocation reservation.

[Amended 3-8-2016 by Ord. No. 6-2016]

The decision of the Public Works Committee shall be filed with the Mayor and Borough Council within 20 days of the decision. Simultaneously, written notice will be provided to the applicant, such notice to be considered effective on mailing to the address listed on the application. The decision shall be final unless, upon review, the Mayor and Council modify or remand the decision and return it to the Public Works Committee for further action within 45 days of receipt. If the matter is remanded to the Public Works Committee, the Mayor and Council shall provide a list of the specific areas of concern to be addressed by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

In the event an application for a sewer allocation reservation is denied by the Public Works Committee, the applicant shall have the right to appeal the decision to the Mayor and Council. Such appeal shall be filed within 20 days of the applicant being advised of the Public Works Committee's denial of the sewer allocation reservation. An appeal hearing shall be scheduled by the Mayor and Council, who shall have the power to affirm, remand or overturn the decision of the Public Works Committee. The applicant shall have the right to appear in person and with counsel at the appeal hearing.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 213-26 Time limitations on sewer allocation reservation permits.

The sewer allocation reservation permit shall expire two years from the date of issuance unless renewed in accordance with § 213-27, including payment of the current sewer allocation reservation permit fee contained in Chapter 119, Fees.

In the event a sewer allocation reservation permit lapses and is not renewed by the permit holder, the allocation shall revert to the Borough of Franklin and none of the fees paid shall be refunded to the permit holder. In the event a sewer allocation reservation permit lapses, the Borough of Franklin shall have no responsibility to the permit holder with regard to future applications for allocation. Specifically, the Borough makes no representations whether or not any additional allocation will be available from the SCMUA facility. Upon expiration, the Borough will have the right to transfer or convey the previously reserved allocation to another applicant.

§ 213-27 Renewal of sewer allocation reservation permits.

Within 90 days prior to the expiration of a sewer allocation reservation permit as set forth in § 213-26, the permit holder may apply for a one-year permit renewal. The applicant shall submit all the information required in § 213-24, as well as a detailed statement of the status of the project, including an explanation as to the status of the project. Upon receipt of the renewal application and renewal application fee as set forth in Chapter 119, Fees, the hearing shall be scheduled as provided under § 213-25. In the event the renewal is denied, the permit holder shall not be entitled to a refund of the permit fees paid to the Borough of Franklin.

§ 213-28 Standards for approval.

[Amended 3-8-2016 by Ord. No. 6-2016]

In making its decision whether an application for a sewer allocation reservation permit shall be approved, the Public Works Committee shall be guided by the following:

The amount of sewage treatment allocation available from the SCMUA facility.

The current and future sewer allocation usage of existing properties with the Borough.

Availability and cost of alternate sewage disposal methods to the applicant.

The percentage of sewage allocation requested in relation to the total unused allocation of the Borough of Franklin.

Reasonableness of the total allocation requested by the applicant.

Preference may be given to allocation reservation applications for senior citizen housing. "Senior citizen housing" means a building containing one or more dwelling units restricted by deed or other instrument to occupancy of each dwelling unit by a person or persons in any one of the following categories:

Up to two individuals both of whom are 55 years of age or older.

A man and wife, either one of whom is 55 years of age or older.

A single person(s) over age of 20 but under age 55 living with either of the above when the presence of said person(s) is essential to the physical care or economic support of either of the above.

Any other matter that may affect the general health and welfare of the residents of the Borough of Franklin and the overall reasonable development of the lands in the Borough of Franklin.

§ 213-29 Assignment or transfer of sewer allocation reservation permits.

The sewer allocation reservation permit may be assigned or transferred by the applicant upon transfer of the property on the following conditions:

The use for which the sewer allocation reservation permit was granted remains the same.

The number of gallons allocated remains the same.

The applicant to whom the permit was granted notifies the Public Works Committee in writing 30 days in advance of the transfer of the property, and includes in such notice the name and address of the transferee.

[Amended 3-8-2016 by Ord. No. 6-2016]

In the event the transferee of the property elects to change the use or otherwise alter, amend or modify the subdivision or site plan, the transferee must make a new application for sewer allocation and pay the application and escrow fee to the Public Works Committee. The transferee shall be entitled to a credit against the permit fee for the new or revised project for the allocation reservation permit fee paid by the transferor, provided the permit has not lapsed. The duration of the transferee's permit shall not exceed the duration of the existing sewer allocation reservation permit.

[Amended 3-8-2016 by Ord. No. 6-2016]

Sewer allocation reservation permits cannot be sold or transferred to another parcel. No sewer allocation reservation permit shall be assigned or transferred to a property other than the property approved in the sewer allocation reservation permit without the written permission of the Borough of Franklin Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

The transferee shall obtain any approvals required by the SCMUA and/or municipality or utility authority where the property is located related to the transfer.

Upon assignment or transfer of a sewer allocation reservation permit, the transferor forfeits any rights in the allocation reservation permit transferor may have had, and the remaining time left on the permit shall accrue to the assignee or transferee, and the permit shall expire at the end of the term of the permit unless it is renewed as provided for under this article.

§ 213-30 Withdrawal of reservation.

Franklin reserves the right to withdraw the allocation reserved for an applicant, prior to applicant's connection to the Franklin Borough sewer system, in the event the SCMUA, NJDEP or any other governmental entity or subdivision thereof limits or in any way diminishes Franklin's total allocation. In the event Franklin withdraws the allocation under this section, Franklin will refund the sewer reservation fees paid to Franklin by the applicant without interest. Franklin shall not be responsible for reimbursing, crediting or otherwise refunding any other costs or expenses that may have been incurred by the applicant in any way related to the project.

§ 213-31 Repurchase of sewer allocation reservation permits.

The Borough of Franklin reserves the right to repurchase any unused sewer allocation reservation permits, at cost and without interest, in the event there are emergency requests for sewage by other applicants within the Borough and insufficient capacity to handle the emergency requests. Criteria for repurchasing permits includes the following (the order below does not constitute a priority for repurchasing):

Inaction or unnecessary delay by the permit holder with regard to obtaining the necessary land use and other permits to proceed with the project.

The number of applications and amount of gallonage requests pending.