§ 51.25 CAPACITY ALLOCATION PROCEDURE.
   Every applicant seeking either Township execution of a New Jersey Department of Environmental Protection (NJDEP) Treatment Works Approval (TWA) Permit Application or Township sanitary sewer connection permit(s) shall comply with the following sanitary sewer capacity allocation procedure.
   (A)   Every applicant seeking Township execution of a NJDEP TWA Permit Application or sanitary sewer connection permit(s) shall submit a Request for Sanitary Sewer Capacity Allocation Administrative Completeness Checklist, to be obtained from the Township Clerk, signed and dated by the applicant. Each applicant's checklist shall be accompanied by the following documents, to the extent required for the applicant's project:
      (1)   Copy of preliminary Planning Board or Zoning Board land development approval (for Township execution of an NJDEP TWA Permit Application) or final Planning Board or Zoning Board land development approval (for Township sanitary sewer connection permits).
      (2)   For applicants seeking Township execution of an NJDEP TWA Permit Application, not less than three sets of the following, two of which will be retained by the Township:
         (a)   Completed original (signed and sealed) copies of the NJDEP Treatment Works Approval (TWA) Permit Application and all supporting documents; and
         (b)   A capacity analysis report, signed and sealed by the applicant's engineer, showing to the extent possible whether the Township's sanitary sewer collection system has adequate capacity to accept the sanitary sewer flow resulting from the proposed connection(s).
      (3)   For applicants seeking Township sanitary sewer connection permit(s), a copy of the NJDEP TWA Permit if one is required for the project, and a completed original Township Application for Sanitary Sewer Connection Permit (one for each lot or individual connection), signed and dated by the applicant.
      (4)   Township application escrow fee for review of the application for sanitary sewer capacity allocation, as stated in the checklist.
   (B)   Upon receipt of the Checklist and accompanying documents, the Township Clerk shall determine whether the Administrative Completeness Checklist and accompanying documents are administratively complete (in consultation with the Township Sewer Engineer, if necessary).
   (C)   The Township Clerk shall notify the applicant in writing if it is determined that the Checklist and accompanying documents are not administratively complete, and the applicant shall correct and/or supplement the Checklist and accompanying documents as necessary.
   (D)   When the Administrative Completeness Checklist and accompanying documents are deemed administratively complete, the Township Clerk shall record the date of completeness on the Checklist and so notify the applicant in writing.
   (E)   The Township Clerk shall forward a copy of the Administrative Completeness Checklist to the Township Sewer Engineer, along with copies of the documents listed in divisions (A)(1) through (A)(3) above.
   (F)   The Township Sewer Engineer shall review the application package and issue a report to the Township Clerk and the applicant indicating the following:
      (1)   Whether the application package is technically complete, and indicating any deficiencies in the package that must be corrected by the applicant.
      (2)   Whether the Township's sewer collection system has adequate capacity to accept the sanitary sewer flow resulting from the proposed connection(s).
      (3)   Whether the Township believes that it has adequate allocation from the Camden County Municipal Utilities Authority (CCMUA) for the sanitary sewer flow resulting from the proposed connection(s).
   (G)   If it is determined by the Township Sewer Engineer that the application is not technically complete, the applicant shall correct and/or supplement the application package as necessary.
   (H)   When the application package is deemed technically complete, the Township Sewer Engineer shall issue a report to the Township Clerk recommending the following action(s):
      (1)   For the proposed connection(s), the Township's sewer collection system has adequate capacity to accept the sanitary sewer flow, and the Township believes that it has adequate allocation from the CCMUA for the sanitary sewer flow, and an NJDEP TWA Permit is not required for the proposed connections, then the Township may issue the requested sewer connection permits (one for each lot), upon payment by the applicant of the Township's then-current sanitary sewer connection fee.
      (2)   lf, for the proposed connection(s), the Township's sewer collection system has adequate capacity to accept the sanitary sewer flow, and the Township believes that it has adequate allocation from the CCMUA for the sanitary sewer flow, and an NJDEP TWA Permit is required for the proposed connections, then the Township may execute the TWA Permit Application forms upon receipt from the applicant of a check in an amount equal to the than-current sewer connection fees for the requested allocation. The sewer connection permit fees will be held in escrow by the Township pending the issuance of the NJDEP TWA permit. (The applicant will be responsible for forwarding the executed TWA Permit Application to the CCMUA for its review and endorsement, and to the NJDEP.)
      (3)   If, for the proposed connection(s), the Township's sewer collection system does not have adequate capacity to accept the sanitary sewer flow, or the Township believes that it does not have adequate allocation from the CCMUA for the sanitary sewer flow, then the Township shall add the requested allocation to a list of projects awaiting sewer capacity allocation. The list shall be maintained by the Township Clerk, and shall include the following information for each project:
         (a)   Date of technical completeness;
         (b)   Block(s) and lot(s);
         (c)   Project name;
         (d)   Applicant;
         (e)   Type(s) of facilities to be connected;
         (f)   Number of connections for each type;
         (g)   Total allocation requested;
         (h)   Sewer system drainage area; and
         (i)   Reason for placing on waiting list.
   (I)   If projects have been placed on the list of projects awaiting sewer capacity allocation, and additional capacity becomes available due to:
      (1)   Increases in the capacity of the Township's sewer collection system;
      (2)    Increases in capacity allocation from the CCMUA, or
      (3)   Decreases in flow entering the Township's sanitary sewer collection system,
then the Township will execute the NJDEP TWA Permit Applications and/or issue the sanitary sewer connection permits in the same order in which the projects were determined to be technically complete. Applicants on the waiting list will be notified in writing by the Township that additional capacity has become available.
   (J)   For applicants that have requested Township execution of an NJDEP Treatment Works Approval (TWA) Permit Application and have received notification under division (I) above, the applicant shall confirm in writing within 30 calendar days from receipt of the Township's notice that it still intends to apply for a TWA Permit, and stating the number of Township connection permits that the applicant intends to purchase initially, once it receives the NJDEP TWA Permit, and the capacity that will be required for those connections. The applicant shall include with its response, if the TWA Permit Application will be filed, a check in an amount equal to the then-current sewer connection fees for the requested sewer connection permits; the sewer connection permit fees will be held in escrow by the Township pending the issuance of the NJDEP TWA Permit.
   (K)   For applicants that have requested Township sanitary sewer connection permit(s) and have received notification under division (I) above, the applicant shall confirm in writing within 30 calendar days from receipt of the Township's notice that it still intends to acquire the requested connection permits, stating the number of connection permits that the applicant intends to purchase initially and the capacity that will be required for those connections (if less than the totals from the original request). The applicant shall include with its response, if it intends to acquire sanitary sewer connection permits, a check in an amount equal to the then-current sewer connection fees for the requested sewer connection permits. Upon receipt of the applicant's response, and the payment for the sewer connection fees, the Township will issue the requested sewer connection permits.
   (L)   Failure of the applicant to respond in writing to the Township's notification under division (I) above, and to provide payment in full for the requested sanitary sewer connection permits, within 30 calendar days from receipt of the Township's notice, shall result in the immediate loss of the sanitary sewer capacity allocation for the applicant's project. The Township will notify the applicant in writing of the loss of capacity allocation, and the applicant will have reapply for a capacity allocation in accordance with division (A) above.
   (M)   The applicant shall obtain building permits and commence construction on the facilities receiving capacity allocations within two years from the date when the sanitary sewer connection permits were issued to the applicant, unless an extension of time is requested in writing by the applicant and granted by the Township. The Township reserves the right to terminate any capacity allocations and rescind any connection permits for failure to commence construction within the two-year limit, unless an extension of time has been granted.
   (N)   (1)   In order to obtain an extension of time for any allocation that will not be used within the two- year limit in division (M) above, the applicant shall submit a request for an extension of time in writing to the Township Clerk at least six months prior to the end of the two-year period. The request for an extension of time shall include the following:
         (a)   The amount of additional time requested by the applicant for obtaining building permits and commencing construction on the remaining facilities; and
         (b)   Detailed reasons justifying the time extension requested.
      (2)   The Township Clerk will place the extension of time request on the agenda for the next available Township Committee meeting. An extension of time can only be granted by resolution adopted by the Township Committee. Any previous extensions granted to any applicant for any project shall not be construed as having established a precedent for any subsequent extension of time request.
   (O)   The Township will refund any connection fees paid by the applicant for connection permits that have been rescinded under division (M) above, and the applicant will have to reapply for a capacity allocation in accordance with division (A) above.
(Ord. 124-08, passed 4-14-08)