Water capacity which has been allocated to the Township from any source but not reallocated by the issuance of water permits or otherwise reserved, may be reserved by a person prior to the issuance of a water permit provided that the applicant for such reservation meets the following conditions:
A. A final plan subdivision or land development approval shall have been issued for the property to be served.
B. All past capital charges paid by the Township for the allocation to be reserved shall have been reimbursed to the Township by the applicant.
C. During the period which the allocation remains reserved for the benefit of the applicant, the applicant shall pay any capital charges required to be paid by the Township to maintain the reserved capacity.
D. All payments made by the applicant under the above shall constitute the aggregate reservation fees.
E. Use of the allocation must be completed by the issuance of a water permit and connection to the water system within 3 years after the reservation is granted by the Township.
F. In the event the applicant fails to remain in compliance with subsections (B), (C), and (E) above, then, upon 30 days notice to the applicant, the Township may revoke such reservation of allocation. Notice sent to the last known address of applicant shall be sufficient upon mailing under this Section. In such event, if the allocation which has been revoked is thereafter reallocated to another person, charges for reservation under this Section shall be repaid to said applicant in an amount equal to the aggregate reservation fees which had been paid by the applicant (with no interest added) less 5% for Township administrative expenses.
G. Any allocation reserved under this Section shall relate to a specific property and subdivision plan, and may not be transferred for use by any other property or other plan for the same property. Such reserved allocation may be transferred only to the Township.
H. In the event water permits for connection are issued for a portion of any allocation reserved hereunder, the Township Engineer shall determine that portion of the reserved allocation to be retained as reserved allocation under this Section and that portion to be allocated to the water permits issued.
I The Township may limit the amount of allocation reserved pursuant to this Section for any particular applicant based upon its sole determination as to the best interest of the Township.
(Ord. 252, 10/17/1990, § 2)