[Adopted 11-14-1978 by Res. No. 1978-13]
All sewer permits heretofore or hereafter issued
shall expire six months from the date of the adoption of this article
or six months from the date of issuance of such permit, whichever
is the later date, unless a use and occupancy permit is applied for
prior to such expiration date and issued within 10 days thereafter.
No refund of any tapping fee or other fee paid
to secure said permit shall be made to any permit holder after the
expiration date of said permit or upon the surrender or revocation
of the same during the life of said permit.
After expiration of any permit, the same shall
be deemed null and void for all purposes. The capacity of the Township
and, to the extent of available capacity, the previous permit holder's
reapplication shall be deemed a new application for all purposes.
A sewer permit shall be freely transferable
from person to person with respect to the lot for which the permit
is issued and may be transferred on the records of the Township from
lot to lot within the same subdivision, provided that both the lot
for which the permit is issued and the lot to which the permit is
to be transferred are owned by the same person. Except in strict compliance
with the provisions of this section, no sewer permit shall be deemed
authority for the connection of any other lot, building or use to
the Caln Township sewer collection system other than the lot, building
or use for which the permit is issued.
The six-month period referred to in § 128-20 for which a permit is valid may be extended on application made in writing prior to the expiration date thereof after a hearing on said application by the Board of Commissioners of Caln Township, provided that the applicant affirmatively proves all of the following criteria to the satisfaction of the Board of Commissioners. The burden of proof of each of the hereinafter enumerated criteria shall be and remain upon the applicant.
A.
The applicant shall prove that he has commenced promptly
and proceeded diligently with the construction without delay, other
than delays imposed by causes totally beyond the applicant's control
and for which the applicant is neither wholly nor partially responsible.
B.
The delay in completion of the construction and the
issuance of the use and occupancy permit is as a result of events
not reasonably foreseeable at the time of the application for and
issuance of the sewage permit.
C.
In lieu of the requirements of Subsection B, the applicant may prove that the construction by its very nature is of a type that would take longer than six months to complete, but this provision shall be construed to apply only to the construction on the specific lot and building for which the permit is issued and shall not be construed to apply to the tract generally where multiple buildings are the subject of individual permits.
The use and occupancy permit referred to herein shall be deemed to be the permit issued under Section 120.0 of the Building Code of Caln Township, and the approval granted upon inspection of the connection shall not be deemed compliance with the time limitations mandated herein. It is the intent of this article that, except as provided in § 128-24A, B and C hereof, the sewer connection permit shall be void unless the building to which the sewer connection is made shall be fully completed and ready for occupancy within six months of the date of issuance of the sewer permit.
This article shall not be construed to repeal
any other rules or regulations enacted prior to the date hereof, except
that where this article and any other rule or regulation are in irreconcilable
conflict, this article shall control.
