A.
The Borough is responsible for the provision of sanitary
sewer services. In response to Borough approvals of development projects
requiring these services and in fulfillment of municipal ordinances,
the Borough undertakes substantial efforts to plan the construction
of capital improvement projects essential to the provision of sewer
and water services to accommodate existing and new demand for these
services.
B.
The Borough recognizes that there is a substantial
need to allocate capacity in Borough facilities in order to provide
the community with orderly and safe growth and to ensure the public
health, safety and welfare. Furthermore, the Borough recognizes that
the coordinated phase-in of new and expanded sewer service requests
will promote the efficient allocation of sewer service and ensure
that development is ultimately supported by adequate off-tract infrastructure
prior to allocation of limited sewer capacity resources. Therefore,
the Borough continues to pursue governing the allocation of treatment
capacity within the Boroughs sewage treatment facilities and within
the Boroughs potable water treatment facilities. The Borough hereby
promulgates rules and regulations for the implementation and application
of the allocation policy to all development projects and others within
Borough.
It is the purpose of the Borough in promulgating
these rules and regulations to:
A.
Accomplish the allocation of capacity within its potable
wastewater treatment facilities with full recognition given to the
sanitary sewer and potable water requirements as found in planning
and zoning ordinances of the Borough and based upon the "build out"
requirements of the Land Use Element and Utilities Services Element
of the Borough Master Plan;
B.
Administratively respond and adapt its capacity allocation
within its wastewater treatment facilities to the evolutional land
use objectives of the Borough;
C.
Recognize that whenever any applicant's requirements
for sewer service exceed the ability of the Borough to deliver service
due to sewer system deficiencies of any kind, it shall be the responsibility
of the applicant to pay its proportionate share of costs related to
the upgrade and expansion of facilities, including planning, design,
and construction of all facilities necessary to meet its requirements;
D.
Accept responsibility for the growth and management
of its sewer and water facilities in all aspects;
E.
Eliminate the potential for the retaining of allocations
of capacity in Borough facilities without actual connection as not
being in the best economic and financial interest of the Borough and
the community. This is accomplished by restricting the amount of gallonage
to be allocated to development projects receiving preliminary approval
from the Borough Planning Board or Zoning Board of Adjustment to the
maximum gallonage limits as specified herein, and by specifying certain
construction performance standards as well as reservation fees; and
F.
Promote health, safety and welfare of the public as
well as ensuring the construction of necessary infrastructure by coordinating
the allocation of capacity within Borough facilities with off-tract
road projects and programs of the Borough and the County of Morris.
A.
Capacity allocation agreements.
(1)
Applicants shall enter into capacity allocation agreements
with the Borough. These agreements shall specify, among other things,
the following:
(2)
Applicants are required to pay for all services rendered
in connection with a capacity allocation agreement. Generally, expenditures
will consist of, but shall not be limited to the following:
B.
Transfer of capacity allocation. Unless and only to
the extent expressly permitted in any capacity allocation agreements,
capacity allocation within the facilities of the Borough cannot be
traded, sold, or otherwise reallocated by an applicant, unless the
property identified by the capacity allocation agreement is sold to
a new owner, such that the allocation shall run with the land to the
extent necessary to effect the intent of that allocation agreement.
Capacity allocated for any project or development shall not be assignable
to any other project. In the event that a project or development is
abandoned, or the construction of the same does not utilize the entire
allocation of capacity granted to it, unused capacity will revert
to the Borough, and shall become available for allocation in accordance
with the terms of this policy.
C.
Ownership of facilities. The Borough will own, operate
and maintain all facilities related to sewer and water systems, excluding
certain common use facilities serving multifamily units and commercial/industrial
construction as determined by the Borough.
A.
Categories of gallonage. Applicants for allocation
of capacity within the Borough sewer and water treatment facilities
shall be assigned to one of the following categories of gallonage
based upon a qualitative analysis by the Borough of the requirements
of the applicant for service. In descending levels of importance the
categories are as follows:
(1)
Health hazard gallonage. Gallonage from this category
shall be allocated without limitation to relieve health hazards related
to sanitary waste disposal within the Borough in accordance with state
statute and the Borough Health Department. This category is the highest
level of importance.
(2)
Public building gallonage. Gallonage from this category
shall be allocated without limitation to public buildings which are
to be used for the health, safety and welfare of the public.
(3)
Residential infill lot development. Gallonage from
this category shall be allocated without limitation to existing lots
within the residential zones which either (a) are not part of a major
subdivision of land for development purposes, or (b) are part of a
minor subdivision as defined under Borough ordinance one time only,
and are within 200 feet of an existing sewer.
(4)
Nonresidential infill gallonage. Gallonage represented
by this category shall be allocated to existing and new customers
for development or redevelopment of nonresidentially zoned properties.
Allocations of capacity from this category of gallonage shall be granted
based upon the assumption that (i) the Borough shall not be subject
to a sewage treatment capacity connection moratorium as defined by
the NJDEP and/or other applicable law or regulation, and (ii) applicants
for allocations of capacity under this category of gallonage shall
comply with the Treatment Works Approval Regulations of the NJDEP,
if applicable. Nonresidential infill lot allocations shall be limited
to:
(5)
Committed flow gallonage. Gallonage represented by
this category shall consist of gallonage which has been allocated
to applicants pursuant to:
(6)
New growth gallonage. Gallonage represented by this
category shall be allocated to applicants for new development projects
which have been duly approved by all governmental bodies having jurisdiction.
New development projects are defined as new residential or nonresidential
construction on vacant land and/or the expansion, upgrade, development
or redevelopment of existing nonresidential properties. Allocations
of capacity from this category of gallonage shall be granted based
upon the assumption that (i) the Borough shall not be subject to a
sewage treatment capacity connection moratorium as defined by the
NJDEP and/or any other applicable law or regulation and (ii) applicants
for allocations of capacity under this category of gallonage shall
comply with the Treatment Works Approval Regulations of the NJDEP,
if applicable. Projects requiring Planning Board and/or Zoning Board
approvals shall be included in this category.
B.
Level of priority of applicants within designated
categories. The Borough shall establish and maintain for each applicant,
in descending order, a priority position within the category of gallonage
in which the applicant has been placed based upon the effective date
of preliminary approval for that project from the Borough Planning
Board or upon receipt of the appropriate equivalent approvals from
the Zoning Board of Adjustment. Allocation of capacity in accordance
with the Boroughs waiting list, if one is in place, shall be made
from within each category. It is the expressed intention of the Borough
that applicants are responsible for securing all needed approvals
for their projects. Failure on the part of the applicant to secure
a needed governmental approval for its project may result in placement
of the applicant in a lower priority position, if failure to secure
the approval results in the applicant's inability to proceed with
the project within designated time frames as indicated in the Boroughs
ordinance pertaining to allocation of gallonage.
The Borough reserves the right to reserve uncommitted
amounts of gallonage within each specific category of gallonage for
any purpose that it deems appropriate related to that category. Furthermore,
based upon changing circumstances, utilization of available capacity
by applicants, and the passage of time, Borough may reallocate amounts
of gallonage among categories. Unused capacity in any category will
revert to the Borough.
Allocation of capacity within Borough treatment
facilities will be granted upon the premise that existing conveyance
systems are adequate to provide the needed service to and from the
applicant's site. If existing conveyance facilities are found to be
inadequate to fulfill the applicant's requirements for service, projects
will not be permitted to utilize allocated capacities within treatment
facilities until necessary off-tract improvements are constructed
by the applicant, Borough or others. Even if existing conveyance systems
are presently adequate to fulfill the applicant's service requirements,
the applicant may still be subject to requirements to contribute to
the future improvement or expansion of conveyance systems based upon
the applicant's impact thereon.
A.
Approval of facilities extensions. Applicants for
sewer service requiring construction permits for on-tract and off-tract
extensions of existing sewer facilities shall not receive an allocation
of gallonage in Borough facilities without first having received Borough
approval and/or endorsement for the extension of those facilities
through the NJDEP's construction permits process and thereafter have
been issued an NJDEP construction permit for those extensions. Subject
to conditions further discussed in this article, applicants holding
valid construction permits in accordance with NJDEP regulations shall
not have their allocations of gallonage revoked by the Borough.
B.
Allocations subject to revocation. Allocation of capacity
in Borough facilities is subject to revocation under the following
conditions:
(1)
If the responsible party fails to initiate construction
of permitted on-tract and off-tract facilities prior to the expiration
of any NJDEP construction permit. Expired permits are subject to renewal/reapproval
by the Borough prior to renewal/reapproval of the permit by NJDEP.
(2)
After commencement of construction of permitted on-tract
and off-tract facilities but prior to completion/final certification
of said facilities, the allocation of capacity in Borough facilities
is not subject to revocation if the responsible party maintains a
valid construction permit in accordance with NJDEP regulations. The
responsible party is expected to make reasonable continuous progress
toward completion of construction of off-tract and on-tract facilities.
(3)
After completion/final certification of NJDEP permitted
on-tract and off-tract facilities by the Borough or its designated
agent, a one-year time period (two years for nonresidential applicants)
elapses without the applicant having been issued sewer and water connection
permits annually for no less than 20% of approved residential structures
(50% of approved structures for nonresidential applicants) associated
with the applicant's project.
(4)
If a one-year time period elapses from the issuance
of a sewer and water connection permit without the issuance of any
additional such permits for no less than 20% of approved residential
structures (50% of approved structures for nonresidential applicants).
(5)
If the responsible party declares bankruptcy and is
unable to fulfill his financial commitments agreed to in the capacity
allocation agreement.
(6)
Notwithstanding any provisions herein, the maximum
period for which any capacity allocation may be reserved without actual
physical connection to the Boroughs system shall be 10 years, after
which time, any capacity not being utilized by actual connection shall
revert to the Borough, and shall become available for reallocation
by the Borough as set forth in this chapter.
