§ 223-4. Priority of allocating remaining capacity; hearing.
   A.   The Town of Hammonton is under mandate to have plans in place as to the upgrading of its sewer plant at such time as 80% of the capacity of the plant is in place. Once 1,200,000 gallons of the sewer plant's capacity is committed to existing users, those with automatic allocations under § 223-2 of this chapter and those who have secured reservations of capacity under the procedure set forth in § 223-3, the remaining capacity shall be allocated in accordance with the following priorities, with the priorities being in the same order as set forth hereafter:
      (1)   Single-family homes.
      (2)   Minor residential subdivisions.
      (3)   Commercial facilities which do not produce a high-density or high-impact effluent and whose effluent is consistent with domestic sewage.
      (4)   Light industrial facilities whose use of sewage facilities is limited to an effluent of equal or less strength than domestic sewage.
      (5)   Major residential subdivisions.
      (6)   All multifamily housing of all types and descriptions, including but not limited to apartments, townhouses, condominiums, triplexes or any other residential application providing for more than two residential family units on any single lot.
      (7)   All commercial uses who produce an effluent of greater strength than domestic sewage.
      (8)   All industries that produce a flow with effluent of a greater strength than domestic sewage.
   B.   Upon the total applications for reservation of capacity, plus the existing uses and the automatic allocations set forth in § 223-2, exceeding 1,200,000 gallons, said application shall be referred to the special committee of Council consisting of the Sewer Committee, the Mayor and the Sewer Superintendent, for the purpose of determining the category within which the application falls and whether or not there is existing capacity for that application. If it is determined by said committee that there is insufficient capacity to accommodate the application at the time in question, the applicant will be so notified and given an opportunity to come before the committee at a duly constituted meeting, to be held not less than 30 nor more than 60 days after said denial, at which time the applicant shall have the opportunity to establish, by competent legal evidence, whether or not the facility falls within the priority category under § 223-4 that it is assigned by the committee or that the flow is such as would bring it within a higher priority than that allocated to him/her. The decision of said committee shall be made within 15 days after the hearing and submitted to the applicant in writing.