[Added 8-8-2013 by Ord. No. 15-13]
No future connections to the Borough of Rockaway municipal water system shall be made except with specific approval for the requested water allocation by the Mayor and Council through the adoption of a resolution approved by an affirmative vote of the governing body.
There is hereby created a Water Allocation Review Committee which shall monitor water usage and shall review and make recommendations to the Mayor and Council regarding the distribution and/or redistribution of water allocations among municipal and nonmunicipal uses. The Committee shall consist of the Superintendent of the Department of Public Works, the Borough Engineer, and at least one member of the Council's Public Works/Public Utilities Committee appointed by the Mayor.
The Water Allocation Review Committee shall make recommendations to the Mayor and Council regarding the distribution and/or redistribution of water allocations among municipal and non-municipal uses whenever the Borough of Rockaway receives any new water allocation by the NJDEP. Further, in the event water allocated to any use category is reasonably anticipated to be depleted based upon approved allocations, the distribution as set forth herein shall be reviewed by the Committee. The Committee shall recommend any redistribution of water allocation to the Mayor and Council, which shall consider any recommendation after a public hearing duly advertised in accordance with the procedures of the adoption of a municipal ordinance.
A portion of the current balance of the Borough's available spare "firm capacity," as established by the NJDEP, shall be set aside for municipal and public purposes. For purposes of this article, "municipal and public purposes" shall mean the expansion, addition or construction of municipal buildings, parks and the like in which water allocation is necessary, public or private schools, colleges and educational institutions, and any redevelopment project within designated redevelopment areas. The initial amount shall be 75,000 gpd, subject to future adjustments by the Mayor and Council. Upon the receipt of any new water allocation amount granted to the Borough by the NJDEP, 25% of that new allocation shall be set aside for municipal and public purposes, subject to future adjustments by the Mayor and Council.
The balance of the Borough's available "firm capacity" after the set-aside for municipal purposes shall be available for reservation for nonmunicipal purposes in accordance with § 247-48.
The owner of any property within the Borough's water system service area for which the Borough has signed a Bureau of Safe Drinking Water permit application to be filed with NJDEP as of September 1, 2013, shall be afforded first priority in purchasing a water allocation permit.
All applications to reserve allocated water capacity shall be made to the governing body of the Borough of Rockaway on forms provided by the Borough Clerk. If an application for reservation of allocated water capacity is approved by resolution of the Mayor and Council, the reserved allocation shall be identified and established in such resolution.
If an application for reservation of allocated water capacity is approved by the Mayor and Council, the applicant shall pay in advance as a nonrefundable reservation fee the connection fee established pursuant to this Chapter 247 and Chapter A263, as follows:
The nonrefundable reservation fee as established in Chapter A263 shall be due within 30 days of the Mayor and Council resolution approving the application for reserved water capacity.
An additional 20% of the nonrefundable reservation fee shall be due each year thereafter on the anniversary date of the approval until it is paid in full; provided, however, that if the applicant applies for a construction permit for the proposed project, the entire reservation fee shall be paid in full before such permit shall be issued. It is the applicant's responsibility to make all installment payments in a timely manner.
A failure to pay any installment of the reservation fee within 30 days after the due date thereof shall result in a forfeiture of the reservation and all previously paid installments of the reservation fee. It is the applicant's responsibility to make all installment payments in a timely manner.
In the event the applicant fails to connect the proposed project to the Borough water system within five years after approval of the reservation of water capacity, the reservation shall revert to the Borough and the reservation fee paid to the Borough shall be forfeited.
Notwithstanding anything to the contrary set forth in this Article IV, the Mayor and Council reserve the right by resolution to suspend the receipt of applications and/or the approval of pending applications for reservation of allocated water capacity at any time upon a determination by the Mayor and Council that further water allocations would threaten the remaining water capacity of the municipality.