1. Application/assignment for Reservation of Water Capacity for Specific Subdivision or Land Development.
A. Any adult individual person or persons, partnership, joint venture, corporation, estate, trust or other legal entity which owns legal title to or is an equitable owner of real estate located within the boundaries of the Township is eligible to participate in the Township reserved water capacity program.
B. The application for the reservation of such water shall be in the form provided by the Township and be in the nature of a covenant running with the land and upon the sale or conveyance by any means the capacity applicable to such lot, parcel, tract or part of the subdivision or land development shall become the property of the new owner thereof.
C. The applicant must accurately estimate water capacity needs in order to avoid potential surcharges for excess water use in excess of 10% of the water reserved. Each allocation must be specifically purchased for a designated lot, parcel or tract of land and cannot be subsequently sold or transferred without prior written approval of the Township.
D. In the event that the Department of Environmental Protection, or its successor, shall cancel, revoke, or stay the effectiveness of any permit for any reason, or should it, for any reason, impose a ban on connections or extensions to the water system, the Township shall not, as a result thereof, incur any liability of any nature to a developer allocated reserve capacity.
2. Imposition of Charges .The tapping fee for purchase of water rights shall be the current tapping fee as established by the latest Act 209-1990 resolution of the Board of Supervisors in effect at that time. The tapping fee may increase to adjust for current construction and other capital costs.
A. The applicant must enter into a water access rights agreement as approved by the Township. The agreement includes provisions for eligibility, vested rights, fee, estimating capacity, water usage verification as well as the process to file an application to gain approval.
(Ord. 97-7, 5/27/1997, § 12.11)