[Ord. #73-10]
The Sussex County Municipal Utilities Authority has been created
in the County of Sussex with jurisdiction, among other matters, over
sewer systems along the Wallkill River, known as the Wallkill Valley
Sewage System. The Township of Wantage previously notified the Sussex
County Municipal Utilities Authority that it did not wish to be a
part of the Sussex County Municipal Utilities Authority, but after
further information and investigation the Township of Wantage has
reconsidered its prior determination and now desires to be a member
of the Sussex County Municipal Utilities Authority.
[Ord. #73-10]
The Township of Wantage shall become a member of the Sussex
County Municipal Utilities Authority and the territorial limits of
the Township of Wantage shall be a part of the district regulated
by the Sussex County Municipal Utilities Authority in accordance with
the provisions of R.S. 40:14B-11, etc.
A copy of this section certified to be true by the township
clerk shall be submitted promptly to the Sussex County Municipal Utilities
Authority for approval by said authority immediately after final adoption
and publication thereof.
A copy of this section certified to be a true copy by the township
clerk shall be filed immediately following adoption and publication
of this section, together with a certified copy of the resolution
of the Sussex County Municipal Utilities Authority approving this
section, in the office of the secretary of state.
The Sussex County Municipal Utilities Authority has been established
to provide for and maintain sewage disposal systems in the County
of Sussex, and pursuant thereto has initiated a program for municipalities
within the area of the Wallkill River. The Wallkill River can assimilate
only a certain quantity of effluent from all of the municipalities
within the area of the Wallkill Basin, and the Sussex County Municipal
Utilities Authority has prepared a plan for the apportionment of the
volume of sewage disposal to be allowed each municipality within the
Wallkill Basin area. The governing body of the Township of Wantage
has examined the plan proposed by the Sussex County Municipal Utilities
Authority and has approved the same, and the allocation allotted to
it.
The plan of the Sussex County Municipal Utilities Authority
providing for the allocation and apportionment of the volume of sewage
disposal on a proportionate basis to the Township of Wantage and the
various other municipalities involved in the Wallkill River Basin
Area is hereby approved in accordance with the plan, a copy of which
is on file in the office of the clerk of the township, and is available
to members of the general public who may examine the same.
The mayor and clerk of the Township of Wantage are hereby authorized to enter into an agreement with the Sussex County Municipal Utilities Authority approving the plan referred to in subsection 11-3.2 herein. A copy of the proposed agreement is on file in the office of the clerk of the Township of Wantage and is available to members of the general public who may examine the same.
[Added 4-26-2018 by Ord. No. 2018-06]
Every owner of real property located in the Township of Wantage
that requires reserve capacity for wastewater treatment at the Sussex
County Municipal Utilities Authority’s (SCMUA) wastewater treatment
facility for the development of the property must first utilize any
unused sewer allocation that has been allotted to the Township of
Wantage by SCMUA or obtained by or for the property prior to the effective
date of this subsection, before such property owner may seek to obtain
a sewer allocation from another municipality within the service area
or any other source. If an allocation is available, the property owner
must enter into a sewer allocation agreement with the Township as
a precondition to applying for any and all land use approvals necessary
for the development of the property.
[Ord. #2002-09]
Professional and inspection fees attributable to the services
provided by the following individuals, including, but not limited
to, the township attorney and township engineer in connection with
the review and approval of any application as well as installation
of any sewer or water improvements to the water service connections
pursuant to this chapter, shall be as provided for in this section.
The township shall be entitled to be reimbursed for the review of
all applications, both as to completeness and as to content, for the
review and preparation of documents including, but not limited to,
resolutions, developers agreements, deeds, easements, and necessary
correspondence with applicant and/or applicant's professionals.
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the township for professional services employed
by the township including, but not limited to, the township attorney
and township engineer to prepare agreements and/or contracts, to review
applications for development, for municipal inspection, etc., the
money, until repaid or applied to the purposes for which it is deposited,
including the applicant's portion of the interest earned, except
as otherwise provided in this section, shall continue to be the property
of the applicant and shall be held in trust by the township. Money
deposited shall be held in escrow. The township, upon receiving the
money, shall deposit it in a banking institution or savings or depository
approved for such deposits by the State, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The township shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit. The township
shall not be required to refund any amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded by the township annually or at the time the deposit
is repaid or applied to the purposes for which it was deposited, as
the case may be; except that the township may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire
amount which shall be in lieu of all other administrative and custodial
expenses.
a.
The chief financial officer of the township shall make all of the
payments to professionals for services rendered to the township to
prepare agreements and/or contracts, deeds, ordinances or resolutions,
to review applications for development, for municipal inspection or
other purposes under the provisions of this chapter. The application
review and inspection charges shall be limited only to professional
charges for review applications, review and preparation of documents
and inspections of the water and/or sewer services under construction
and review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the township. The only costs that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants including normal and typical expenses incurred in processing
applications and inspecting improvements.
The township shall not bill the applicant, or charge any escrow
account or deposit authorized under paragraph b of this subsection,
for any municipal clerical or administrative functions, overhead expenses,
meeting room charges, or any other municipal costs and expenses except
as provided for in this section, nor shall a township professional
add any such charges to his bill. If the salary staff support and
overhead for a township professional are provided by the township,
the charge shall not exceed 200% of the sum of the products resulting
from multiplying (1) the hourly base salary, which shall be established
annually by ordinance, of each of the professionals by (2) the number
of hours spent by the respective professional upon review of the application
for development or inspection of the developer's improvements,
as the case may be. For any professionals the charge shall be at the
same rate as all other work of the same nature by the professional
for the township when fees are not reimbursed or otherwise imposed
on applicants or developments.
b.
The township requires of the developer a deposit toward anticipated municipal expenses for these professional services. The deposit shall be placed in an escrow account in accordance with this subsection. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit shall be as provided for in the township ordinance, Chapter 21.
c.
Each payment charged to the deposit for review of applications, review
and preparation of documents and legal services, and inspections of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the services performed, the hours spent to one-quarter
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the chief financial officer on a monthly
basis in accordance with schedules and procedures established by the
chief financial officer. If the services are provided by a township
employee, the employee shall prepare and submit to the chief financial
officer a statement containing the same information as required on
a voucher, on a monthly basis. The professional shall send an information
copy of all vouchers or statements submitted to the chief financial
officer simultaneously to the applicant. The chief financial officer
shall prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements
and the cumulative balance of the escrow account. This information
shall be provided on a quarterly basis, if monthly charges are $1,000
or less, or on a monthly basis if monthly charges exceed $1,000. If
an escrow account or deposit contains insufficient funds to enable
the township to perform required application reviews, improvement
inspections or document review and preparation, the chief financial
officer shall provide the applicant with a notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or the application, the applicant shall within a reasonable time period
post a deposit to the account in an amount to be agreed upon by the
township and the applicant. In the interim, any required health and
safety inspections shall be made and charged back against the replenishment
of funds.
d.
Payments required prior to issuance of certificate of occupancy.
No certificate of occupancy or other permit related to the water and/or
sewer service may be issued with respect to any approved sewer or
water connection application until all bills for reimbursable services
have been received by the township for professional services rendered
in connection with the application when payment has been made.
e.
The following close-out procedure shall apply to all deposits and
escrow accounts and shall commence after the township has granted
final approval and after the improvements have been approved, in the
case of improvement inspection escrows and deposits:
1.
The applicant shall send written notice by certified mail to the
chief financial officer and to the relevant township professionals,
that the application or improvements, as the case may be, are completed.
2.
After receipt of such notice, the professional shall render a final
bill to the chief financial officer within 30 days, and shall send
a copy simultaneously to the applicant.
3.
The chief financial officer shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bill.
4.
Any balances remaining in the deposit or escrow account, including
interest, shall be refunded to the developer along with the final
accounting.
f.
All professional charges for review of an application for water and/or
sewer services, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending or upon review of compliance with conditions of
approval, or review of requests for modification or amendment made
by the applicant. A professional shall not review items which are
subject to approval by any State government agency and not under municipal
jurisdiction except to the extent consultation with a State agency
is necessary due to the effect of State approvals in the subdivision
or site plan. Inspection fees shall be charged only for actual work
shown on water and/or sewer service connection plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
g.
If the township retains a different professional or consultant in
the place of the professional originally responsible for development,
application, review or inspection of improvements, the township shall
be responsible for all time and expenses of the new professional to
become familiar with the application or the project, and the township
shall not bill the applicant or charge the deposit or the escrow account
for such services.
