Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Res. 15-96, 7/22/1996, § 1]
In recognition of the circumstances, needs and public interests hereinbefore set forth in the recitals, the terms of which are incorporated by reference as though more fully set forth at length, that certain volume of wastewater treatment capacity consisting of 32,725 GPD/AADF (of 119 EDU's) owned and reserved by the Township of New Hanover in the wastewater treatment facilities shall be allocated between the two drainage basins (Swamp Creek watershed and Minister Creek watershed) by assigning 33.33% thereof, being 11,000 GPD/AADF (or 40 EDU's), to the Swamp Creek watershed and 66.66% thereof, being 21,725 GPD/AADF (or 79 EDU's), to the Minister Creek watershed, subject to such further priority or division and allocation of EDU's as hereinafter set forth, and subject to allocation of additional reserve capacity treatment as may be hereinafter secured by the Township, to each basin in accordance with the percentages so indicated as may be further revised, amended or modified by the Board of Supervisors by resolution as hereinafter enacted based upon changed circumstances, technical specifications or capacities available for collection, conveyance and treatment of such additional capacity.
[Res. 15-96, 7/22/1996, § 2]
The volume of treatment capacity reserved and owned by the Township, consisting of 11,000 GPD/AADF (or 40 EDU's) in the Swamp Creek watershed, as hereinbefore set forth, shall be allocated between residential and commercial/industrial establishments with 25% thereof, being 2,750 GPD/AADF (or 10 EDU's), assigned to residential uses and 75% thereof, being 8,250 GPD/AADF (or 30 EDU's), assigned to commercial/industrial uses, subject to such additional priorities and considerations as are hereinafter set forth and further subject to modification, amendment or revision of said allocations by the Board of Supervisors by resolution as may be hereinafter adopted, including any additional wastewater treatment capacity hereinafter acquired by the Township based upon changed circumstances, technical specifications or capacity limits as may be hereinafter deemed appropriate.
[Res. 15-96, 7/22/1996, § 3]
The volume of treatment capacity reserved and owned by the Township, consisting of 21,725 GPD/AADF (or 79 EDU's) in the Minister Creek watershed, as hereinbefore set forth, shall be allocated between residential and commercial/industrial establishments with 51% thereof, being 11,000 GPD/AADF (or 40 EDU's), assigned to residential uses and 49% thereof, being 10,725 GPD/AADF (or 39 EDU's), assigned to commercial/industrial uses subject to such additional priorities and considerations as are hereinafter set forth and further subject to modification, amendment or revision of said allocations by the Board of Supervisors by resolution as may be hereinafter adopted, including any additional wastewater treatment capacity hereinafter acquired by the Township based upon changed circumstances, technical specifications or capacity limits as may be hereinafter deemed appropriate.
[Res. 15-96, 7/22/1996, § 4]
Subject to the allocation of capacity between watersheds, the Township shall recognize those written contracts and agreements between existing users and Township and/or Authority, as may be in effect as of the date of this resolution, for additional capacity needs for existing structures upon receipt of a written request and tender of any and all fees, as hereinafter set forth, from the wastewater treatment capacity reserved and owned by the Township as long as the same remains available.
[Res. 15-96, 7/22/1996, § 5]
The allocation of the wastewater treatment capacity reserved and owned by the Township in accordance with the hereinbefore stated division of reserved capacity between drainage basins and between residential and commercial/industrial establishments shall be made available for acquisition by developers/users, subject to the payment of fees and costs as hereinafter set forth, upon written application tendered to the Township based upon priority of date of receipt of said application and the concurrent tender of all fees therefor, subject and limited to a maximum allocation of 825 GPD/AADF (or 3 EDU's) for residential uses by any single developer, owner, user, individual or entity per development, lot, tract, combination of lots, units or parcels proposed to be improved, developed or occupied (it being the intent that the development, improvement, use or occupancy of any single parcel, tract or lot or any parcels, tracts or lots proposed for development, improvement, use or occupancy whether now subdivided or proposed for subdivision in combination shall be treated as a single development/use and a maximum allocation of 2,200 GPD/AADF (or 8 EDU's) for commercial/industrial uses by any single developer, owner, user, individual or entity per development, lot, tract, combination of lots, units or parcels proposed to be improved, developed or occupied (it being the intent that the development, improvement, use or occupancy of any single parcel, tract or lot or any parcels, tracts or lots proposed for development, improvement, use or occupancy whether now subdivided or proposed for subdivision in combination shall be treated as a single development/use) and further, upon request subject to the priority established by submission of a written application and tender of any and all fees, the Township shall allocate the said reserved wastewater treatment capacity to any existing improvement, structure, use, or occupation situate within the Township's Act 537 service district for the respective watersheds first to any developer/user of an existing onsite wastewater treatment facility that is experiencing failure and second to any lot, unit, parcel, tract or ground that has been the subject of previously paid and satisfied front foot assessments for the design, development, construction, installation, maintenance or operation of the existing wastewater treatment facilities in accordance with the limitations hereinbefore set forth for total volume (gallonage and EDU) reservation permitted per developer/user.
[Res. 15-96, 7/22/1996, § 6]
1. 
Request for wastewater treatment capacity allocation shall be submitted in writing to the Township signed by the owner(s) and equitable owner(s), if any, specifying the lot, parcel, tract, property or real estate proposed to be serviced and connected to the municipal wastewater facilities, said request to be accompanied by the tender of any and all reserve capacity and/or connection fees as may be established by the Board of Supervisors by ordinance and/or resolution now or hereinafter enacted, during the planning stage of the development and further accompanied by a subdivision or land development plan, building permit application and/or application for decommission and abandonment of a failing onsite wastewater treatment facility, as may be applicable.
2. 
Subject to the allocation of capacity as hereinbefore set forth between the watersheds, residential and commercial/industrial users and subject to the priorities hereinbefore established for abandonment of failing onsite wastewater treatment systems and recognition of properties having previously paid and tendered front foot benefit assessments, the Township shall, to the extent that capacity remains available, issue an allocation letter, which allocation letter will be subject to the terms, conditions and requirements of any permits, administrative orders, statutes, ordinances and administrative regulations of the Federal Environmental Protection Agency and the Commonwealth Department of Environmental Protection, which allocation letters shall reserve and set aside a specific volume (gallonage and/or EDUs) assigned to the developer/user for use for the specified property.
3. 
The allocation letter issued by the Township shall remain in full force and effect, subject to such statutes, ordinances, regulations and administrative orders as may be issued by the federal and commonwealth administrative agencies, for a period of two years from date of issuance thereof, during which two-year term, developer/user shall connect to the municipal wastewater collection and conveyance system, at the developer/user's sole cost and expense (the reservation of allocation capacity provided hereunder being limited to a reservation of treatment capacity only and all extensions, additions or modifications necessary to collect and convey wastewater from the developer/user's site to the existing municipal wastewater collection and conveyance system shall remain the obligation at the sole cost and expense of the developer/user) and in the event that the developer/user shall not connect the allocated capacity to the municipal wastewater collection and conveyance system within said two-year term, the Township may revoke the allocation of capacity; however, should the developer/user wish to reserve the allocated capacity beyond said two-year limit without having connected to the municipal wastewater collection and conveyance facilities, he/she/they/it may continue and preserve said allocation by the initiation, tender and payment of any and all user, rental or treatment fees as may be established by the Board of Supervisors from time to time in accordance with the schedule of periodic payment as is now or may hereinafter be established by the Board of Supervisors and continuation of the payment of said user, rental or treatment fees continuously thereafter and in the event that the developer/user fails to connect to the municipal wastewater collection and conveyance system within said two-year term and fails to tender and keep current any and all user, rental or treatment fees, the Township shall revoke the allocation of capacity, reimburse any connection or reservation fees, without interest accrued thereon, and without credit for the payment or partial payment of user, rental or treatment fees as may have been made, such reimbursement to be distributed to the developer/user as originally received the allocation of capacity.
4. 
The allocation of capacity approved by the Township and received by the developer/user shall not be assignable, transferable, alienable or subject to brokerage in any fashion or manner except and solely limited to transfer, alienation, assignment or brokerage of said capacity directly associated with the transfer, alienation, assignment or brokerage of said tract, parcel, lot or real estate to which the allocation of capacity was originally designated and any attempt to assign, alienate, transfer or broker said allocation of capacity independent and/or separate and apart from said tract, lot, parcel or real estate shall be void and the Township shall, upon receipt of notice of the same, revoke said allocation of capacity without the right of reimbursement for payment of fees to the developer/user as hereinbefore set forth.
[Res. 15-96, 7/22/1996, § 7]
The Board of Supervisors for the Township of New Hanover reserves the right to revise, amend, change or modify the allocations of capacity between watersheds and between residential and commercial/industrial uses by resolution as may be adopted and enacted from time to time at the discretion of the Board of Supervisors subject to and based upon the acquisition of additional wastewater treatment capacity by the Township, changes in the specifications and technical design capacities available in the collection and conveyance portions of the municipal wastewater facilities, subsequently enacted statutes, ordinances, regulations, permit standards and administrative orders as may be adopted by the Federal Environmental Protection Agency, the Commonwealth Department of Environmental Protection or other Boards, Commissions and agencies as may have jurisdiction to enact and issue the same.