It is the policy and intent of the Borough to
provide sanitary sewer service to applicants owning or occupying properties
located within the sewer and water service areas of the Borough, and
who have received approvals from the relevant municipal land use agencies,
consistent with applicable laws, and sound utility management practices.
From time to time, the capacities of the Boroughs water and/or sanitary
sewer systems may be limited due to (a) physical constraints that
prohibit additional connections until an increase in capacity has
been approved and/or constructed, or (b) due to regulatory requirements,
promulgated by federal and/or state agencies. At such times, applications
for sewer service may be submitted to the Borough, however, approvals
of such applications will be postponed until the limitations or restraints
have been removed. Such applicants shall be placed on the sewer service
waiting list as provided in this article. Determination of available
capacity and the processing and approval of applications for connections
shall be within the sole discretion of the Borough.
A.
If and when the sewer plant at which the amount of capacity available has all been utilized or reserved, as determined by the Borough and its engineers, there shall be established a waiting list of properties to whom capacity will be offered when it becomes available. The list shall incorporate the priority categories as set forth within this chapter at § 192-42B. That waiting list shall identify the property, the amount of capacity requested, and the date the Borough received the request. All requests for placement on a waiting list shall be made in writing to the Borough.
B.
Each request for inclusion on the waiting list by
nonresidential projects shall be reviewed by the Boroughs engineer
who shall make a preliminary determination, as to whether the amount
of capacity requested reasonably relates to the potential development
of that property, in light of the current zoning provisions and reasonably
expected sewage flows from potential development. If the engineer
concludes that the capacity requested is more than is reasonably likely
to be utilized when the property is developed, he shall so inform
the Borough which shall review the matter and determine what amount
of capacity shall be allocated to that project on the waiting list.
If the Borough in its discretion determines to reduce the amount of
capacity associated with any particular project after it has been
placed on the waiting list, it shall first give notice to the property
owner and permit the property owner to present any information that
would support the amount of capacity being requested.
A.
The Borough, with assistance from its engineer, shall
determine when capacity becomes available in the treatment plant.
The Borough recognizes that such capacity may become available for
a number of reasons, including modification of the NJDEP permit for
the plant, a release or return of reserved capacity by a holder thereof,
or for various other reasons. The Borough also expressly recognizes
that because of changing DEP regulations, inflow and infiltration,
the need to allow emergency connections when a health emergency arises,
and other circumstances, the fact that reserve capacity might be returned
or released does not necessarily mean capacity will be available for
distribution to properties on the waiting list.
B.
Except as otherwise provided below, whenever the Borough,
with assistance from its engineer, determines that capacity is available
for distribution to properties on the waiting list, such capacity
shall be offered to the first property owner on the waiting list.
C.
Nothing contained in these regulations shall preclude
the Borough from making capacity available to properties that are
not on the waiting list, or that are not at the top of the waiting
list, in the event of a health emergency or if a compelling public
interest would be served thereby.
D.
Manner in which capacity shall be offered and accepted.
(1)
The offer of capacity shall be made by sending a letter
to the property owner indicating that capacity has become available
and the amount of capacity that is being offered to the property owner.
The amount of capacity offered shall be the same as indicated on the
waiting list unless the amount of capacity that has become available
to the Borough is insufficient to offer the entire amount to the property
in question. The owner shall indicate in writing within 45 days of
receipt of that letter whether he intends to utilize that capacity.
If he indicates that he will not utilize the capacity, or fails to
respond in writing within the 45 days, the capacity shall revert to
the Borough, to be utilized in a manner consistent with this chapter.
If the property owner elects not to utilize the capacity, or if he
does not respond to the offer of capacity, the property shall be removed
from the waiting list, and the capacity shall revert to the Borough.
(2)
In the event that the capacity is utilized, then at
the time of issuance of the connection permit for any unit or units
of capacity, the then current connection fee shall be paid to the
Borough.
