C. Reserved Water Capacity

The Township shall have the sole discretion to determine the need for reservation of water, and any reservation of water capacity is subject to the following regulations.

§ 26-115. Purpose .

    In order to help raise the funds necessary to defray capital and financing cost of municipal infrastructure improvements, the Township will reserve capacity in the water system under the reserved water capacity program.

(Ord. 97-7, 5/27/1997, § 12.10)

§ 26-116. Rental Due to Fixed Charges to Reserve Water Capacity .

   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)

§ 26-117. Adjustments to Capacity, Transfer/Resale Etc .

   1.   Adjustments.

      A.    In the event that the reserve capacity of any developer shall be determined to be insufficient for the subdivision or land development during the term of any permit, and the developer shall request additional reserve capacity, such request shall be processed as a new application in accordance with the provisions of § 26-116.

      B.   If, after 5 years from the date of final approval by the Township, a subdivision or land development is still in need of all or a portion of the water capacity originally reserved, the developer shall make application to the Township for continued reserve capacity which shall be processed as a new application in accordance with the provisions of § 26-116.

   2.   Transfer/Resale. A developer may not sell or transfer reserve water capacity to other land owners without prior written approval of the Township except if a purchaser of reserve water capacity sells the real property to which the rights have been granted, the rights must be transferred to the purchaser of the property with notice to the Township.

(Ord. 97-7, 5/27/1997, § 12.12)

§ 26-118. Revenues .

   1.   Segregation of Funds. All revenues received by the Township from the charges imposed by this Part shall be segregated by accounting practices from all other revenues of the Township and shall be deposited in the water reserve fund. Said revenues shall be used for the water system.

(Ord. 97-7, 5/27/1997, § 12.13)

D. Sewer System

§ 26-121. Sewer Rentals or Charges .

   Sewer rentals or charges are imposed upon and shall be collected from the owner of each occupied building which shall be connected with the sewer system for use of the sewer system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of the date of connection of each such occupied building to the sewer system and shall be payable as provided.

(Ord. 97-7, 5/27/1997, § 12.16)