[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.
