[HISTORY: Adopted by the Mayor and Council of the Township of Clinton as indicated in article histories. Amendments noted where applicable.]
Sewers and sewage disposal — See Ch. 220.
[Derived from Sec. 16-1 of the 1999 Code of the Township of Clinton]
Clinton Township conducted a Wastewater Management Plan Study pursuant to the Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq. and New Jersey Department of Environmental Protection Regulations, N.J.A.C. 7:15-1 et seq.
The statutes and regulations require that Clinton Township adopt a Wastewater Management Plan.
This plan was thereafter submitted to and approved on April 26, 1989, by the New Jersey Department of Environmental Protection pursuant to Department of Environmental Protection Regulations.
The Wastewater Management Plan for the Township of Clinton, Hunterdon County, New Jersey, as revised February 1989, and approved by the New Jersey Department of Environmental Protection on April 26, 1989, is hereby adopted.
[Derived from Sec. 16-15 of the 1999 Code of the Township of Clinton]
Clinton Township has completed a Wastewater Management Plan which delineates sewer service areas and proposed wastewater treatment facilities necessary to serve the future needs of the Township. The New Jersey Department of Environmental Protection requires that NJPDES permits for sewage treatment facilities be issued for facilities in a manner consistent with the Township's Wastewater Management Plan.
There is hereby created a Wastewater Planning Escrow Fund to be maintained exclusively to defray the cost of implementing the planning and design of proposed wastewater treatment facilities.
All future developers of land within Clinton Township who expect to apply for connection to a wastewater treatment facility shall be required to enter into a Wastewater Fund Escrow Agreement with Clinton Township and thereby participate in the funding of the Wastewater Planning Escrow Fund.
All participants as aforesaid shall contribute to the Wastewater Planning Escrow Fund before any work is started, and the amount to be contributed in the Escrow Fund and the expenditure of those funds shall be guided by the terms of the Wastewater Fund Escrow Agreement entered into by the participant with the Township as described in § 47-5 above. Please note that the term "work" as used above shall be defined to include but is not limited to any meetings with the Township or their professionals to discuss a proposed sewer treatment facility, any design work, any feasibility studies and any activities required to amend the current Wastewater Management Plan of Township officials and professionals. In the event that additional developers wish to or are required to participate in a process leading to connection to a wastewater treatment facility, for which any segment of the required planning studies has commenced or has been completed, said developers shall pay their pro rata share for the cost of preparing said plans and studies, amendments to the Wastewater Management Plan, permit application costs, including permit fees, and any and all Township review fees, including those of its professionals, including costs already incurred at the time said developers enter into an agreement with the Township, and any participant which has contributed monies in excess of its pro rata share shall be entitled to reimbursement. At the conclusion of any and all activities contemplated by this section, the Township shall return to participants their pro rata share of any unexpended balance in the Escrow Fund.
In the event the balance in the Wastewater Planning Escrow Fund for any particular wastewater treatment facility declines to the sum of $5,000, each participant in that particular fund shall, upon 30 days' written notice from the Clerk of the Township of Clinton, replenish the fund by payment in an amount equal to the participant's original contribution times the percentage of work to be completed on the treatment facility at the time that the funds declined to the sum of $5,000. The Township shall not provide any assistance or incur any expense absent the presence of sufficient funds in the escrow account to pay for same.
Any developers in the Township of Clinton who have already contributed certain funds towards work performed on a wastewater treatment facility preparation and amendments to the Wastewater Management Plan, the amount of funds already contributed shall be credited to the developer and shall be reflected in the Escrow Agreement entered into by that particular developer.
Monies deposited in the Wastewater Planning Escrow Fund shall be expended or disbursed by the Township as expenses are incurred which are directly attributable to the review, planning, design of proposed wastewater treatment facilities and shall further include any expenses that may be related to any revisions in the Wastewater Management Plan or those expenses that may be deemed necessary by the Township in order to fulfill its wastewater management obligations. Upon written request, the Township shall provide participants with an accounting of actual expenditures, accompanied by supporting documentation.
Participation in the Wastewater Planning Escrow Fund shall not be deemed to create a partnership or joint venture between any participant and the Township nor shall such participation be deemed to be a guarantee or reservation of future capacity in any wastewater treatment facility. This section is not intended to require and shall not be construed as requiring the Township to either design, construct or ultimately operate any proposed treatment system.