Notwithstanding anything herein to the contrary,
the Borough discourages the banking of gallonage and encourages applicants
to make reasonable progress toward completion of their projects. Except
as specifically permitted by agreements entered into by the Borough,
reasonable progress shall be defined for residential developments
as the annual issuance of no less than 20% of the total sewer and
water connection permits required for the approved project, and for
nonresidential developments, the issuance of sewer and water permits
for no less than 50% of the structures (based upon total square footage)
during the initial two-year period following approvals and the remaining
50% during the subsequent third year. Progress shall be achieved either
through actual construction or through the reservation of gallonage
and the payment of a reservation fee. The reservation fee consists
of two components, the first being a lump sum payment equal to the
sewer and water connection fees in effect at the time the reservation
of gallonage is sought, and the second being a recurring quarterly
payment equal to the applicable sewer and water use quarterly minimum
service fees which shall accrue thereafter on the number of dwelling
unit equivalents being reserved at the beginning of the respective
quarter.
A.Â
Voluntary reservation of allocated gallonage and payment
of reservation fees. In order to avoid the potential revocation of
gallonage once an applicant has initiated his project, applicants
for sewer and water service may, at any time, reserve any unused portion
of an allocation of gallonage by paying to the Borough therefor the
applicable sewer and water connection fees in effect at the time the
reservation is sought, together with any applicable recurring sewer
and water user fees as described above.
B.Â
Mandatory reservation of gallonage and payment of
reservation fees.
(1)Â
Expired construction permits. Applicants for sewer
and water service with expired sewer and water construction permits
per NJDEP regulations must pay to the Borough a reservation fee as
described above and become a permanent customer of the Borough as
a condition of renewal and/or reapproval of the expired sewer and
water construction permits by the Borough. NJDEP sewer and water permits
cannot be renewed and/or reapproved without concurrent Borough renewal/reapproval
of said expired sewer and water construction permits and payment by
the applicant of the reservation fee for the full gallonage allocation
sought.
(2)Â
Third year following issuance of CP-1. If an applicant
(i) has a valid NJDEP construction permit; or (ii) has completed permitted
on-tract and off-tract facilities and final certifications have been
provided; or (iii) does not require the issuance of an NJDEP construction
permit, and if at the end of the third year after the issuance of
the NJDEP construction permit (where required) or the allocation of
gallonage by the Borough (where an NJDEP construction permit is not
required), the Borough has not issued sewer connection permits for
at least 20% of the approved residential structures (50% of the approved
structures for nonresidential applicants based upon total square footage)
associated with the applicant's project, then, in order to maintain
the allocation of sewer capacity, the applicant shall pay to the Borough
a reservation fee, as described above, for the number of units equal
to the difference between 20% of the approved residential structures
(50% of the approved structures for nonresidential applicants based
upon total square footage) associated with the applicant's project
and the aggregate number of units (or square footage for nonresidential
applicants) for which sewer and/or water connection permits have been
issued, up to and including the third year. The recurring portion
of the reservation fee shall be reduced as additional sewage and/or
water connection permits are issued during the succeeding year.
(3)Â
Fourth year following issuance of CP-1. At the end
of the fourth year, the applicant shall pay a reservation fee, as
described above, for the number of units equal to the difference between
40% of the approved residential structures (100% of the approved structures
for nonresidential applicants based upon total square footage) for
which sewer and/or water connection permits have been issued up to
and including the fourth year. The recurring portion of the reservation
fee shall be reduced as additional sewage and/or water connection
permits are issued during the succeeding year.
(4)Â
Fifth year following issuance of CP-1. At the end
of the fifth year, the applicant shall pay a reservation fee for the
number of units equal to the difference between 60% of the approved
residential structures (100% of the approved structures for nonresidential
applicants based upon total square footage) and the aggregate number
of units (or square footage for nonresidential applicants) for which
sewer and/or water connection permits have been issued, up to and
including the fifth year. The recurring portion of the reservation
fee shall be reduced as additional sewer and/or water connections
permits are issued during the succeeding year.
(5)Â
Sixth year following issuance of CP-1. At the end
of the sixth year, the applicant shall pay a reservation fee, as described
above, for the number of units equal to the difference between 80%
of the approved residential structures (100% of the approved structures
for nonresidential applicants based upon total square footage) and
the aggregate number of units (or square footage for nonresidential
applicants) for which sewer and/or water connection permits have been
issued, up to and including the sixth year. The recurring portion
of the reservation fee shall be reduced as additional sewer and/or
water connections permits are issued during the succeeding year.
(6)Â
Seventh year following issuance of CP-1. At the end
of the seventh year, the applicant shall pay a reservation fee, as
described above, for the number of units equal to the difference between
100% of the approved residential structures (100% of the approved
structures for nonresidential applicants based upon total square footage)
and the aggregate number of units (or square footage for nonresidential
applicants) for which sewer and/or water connection permits have been
issued, up to and including the seventh year. Following the seventh
year, the recurring portion of the connection fee will continue to
be paid on a quarterly basis, being reduced as additional sewer and/or
water connection permits are issued until all units have been constructed
and issued certificates of occupancy.
