Sewer treatment capacity which has been allocated to the Township at any sewer treatment plant but not reallocated by the issuance of sewer permits or otherwise reserved, may be reserved by a person:
A. For a lot, subdivision or land development located in Hanover Township prior to the issuance of a sewer permit provided that the applicant for such reservation meets the following conditions:
1. A final plan subdivision or land development or building permit approval shall have been issued for the property to be served.
2. Sewer treatment capacity reservation fees shall be paid by the applicant. Such fees shall be established by resolution of Council.
3. Use of any reservation must be completed by the issuance of a sewer permit and connection to the sewer system within 3 years after the reservation is granted by the Township.
4. In the event the applicant fails to remain in compliance with subsections 2. and 3. 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 In such event, if the allocation which has been revoked is thereafter reallocated to another person, the aggregate reservation fees paid by original applicant under this Section shall be repaid to said applicant in an amount equal to the aggregate reservation fees which had been paid by the original applicant (with no interest added) less 5% for Township administrative expenses.
5. 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.
6. In the event sewer 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 sewer permits issued.
7. 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 interests of the Township.
B. For transfer to another municipality provided that the municipal applicant for such reservation meets the following conditions:
1. All past capital charges paid by the Township for the allocation to be reserved shall have been reimbursed to the Township by the municipal applicant.
2. During the period which the allocation remains reserved for the benefit of the municipal applicant, the municipal applicant shall pay any capital charges required to be paid by the Township with respect to such reserved capacity.
3. All payments made by the municipal applicant under the above shall constitute the aggregate reservation fee.
4. Transfer of allocation to the municipal applicant must be completed within 3 years after the reservation is granted by the Township.
5. (i) In the event the municipal applicant fails to remain in compliance with subsections 2. or 4. above, then upon 30 days notice to the municipal applicant, the Township may revoke such reservation of allocation.
(ii) If the allocation which has been revoked pursuant to subsection B.3. is thereafter reallocated to another municipality or person, the aggregate reservation fees paid by original municipal applicant under this subsection B. shall be repaid to said municipal applicant in an amount as such fees are paid by the new applicant not to exceed an amount the aggregate reservation fees which had been paid by the original municipal applicant (with no interest added) less 5% for Township administrative expenses.
6. Any allocation reserved under this Section shall relate to a specific municipal applicant and may not be transferred for use by any other municipality or person. Such reserved allocation may be transferred only to the Township.
7. The Township may limit the amount of allocation reserved pursuant to this Section for any particular municipal applicant based upon its sole determination as to the best interests of the Township.
8. A municipal applicant shall pay all costs of the Township related to such allocation transfer including but not limited to fees of Township's attorney, engineer and other consultants. Payment of such costs shall not be reimbursed under subsection B.5.(ii).
(Ord 87, 6-11-80; as added by Ord. 237, 2-7-1990, § 3; as amended by Ord. 621, § 3, 2-19-2020)