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Ordinances
VERNON
TOWNSHIP ORDINANCE #03-16
AN ORDINANCE OF THE TOWNSHIP OF VERNON IN THE COUNTY OF
SUSSEX AND STATE OF NEW JERSEY, GRANTING MUNICIPAL CONSENT
TO THE VERNON SEWER COMPANY, INC. TO CONSTRUCT, OPERATE,
MANAGE AND MAINTAIN A SEWAGE COLLECTION, TREATMENT AND
DISPOSAL PLANT AND SYSTEM TO SERVICE CERTAIN TRACTS OF
LAND LYING AND SITUATE IN THE TOWNSHIP OF VERNON, COUNTY
OF SUSSEX, AND STATE OF NEW JERSEY
BE
IT ORDAINED by the Township Council of the Township of
Vernon, County of Sussex and State of New Jersey ("Township"),
as follows:
Section
1. Introduction.
A. The Township Council has received a Petition from the
Vernon Sewer Company, Inc. ("Service Grantee") requesting
municipal consent from the Township to allow the Service
Grantee, pursuant to N.J.S.A. 48:13-11, (i) to construct,
operate, manage and maintain a sewage collection, treatment
and disposal plant and system, and (ii) to provide sewerage
service to certain tracts of land in the Township as hereinafter
more particularly described (collectively referred to
"Sewer Service"); and
B.
Metairie Corporation ("Metairie") is the current owner
of the sewage treatment plant that services the Legends
Resort and Country Club Condominium and the Great Gorge
Country Club (collectively referred to as the "STP"),
Block 231.01, all lots, Vernon Township (the "Resort Site"),
as shown on the Official Tax Map of the Township ("Tax
Map"); and
D. The Service Grantee was formed and organized for the
purpose of acquiring the STP from Metairie, and thereafter
providing Sewer Service to the Resort Site, and all residential
dwelling units proposed to be developed on portions of
Block 231, Lots 1 and 8 and Block 260.27, Lot 13 on the
Tax Map (collectively, the "Service Area"); and
E. The granting of the request to permit the Service Grantee
to construct, operate, maintain and manage a sewage collection,
treatment and disposal plant and system within the limits
of the Service Area and to provide Sewer Service to the
Service Area is necessary and proper for the public convenience
and to properly serve the public interests.
Section 2. Municipal Consent.
A. Pursuant to N.J.S.A. 48:13-11, municipal consent is
hereby given to the Service Grantee to acquire, construct,
operate, maintain and manage a sewerage collection, treatment
and disposal plant and system within the limits of the
Township, and to service the tracts on land being part
of the Service Area, subject to the New Jersey Department
of Environmental Protection ("DEP") granting final approval
to the Service Grantee as to this system and the Board
of Public Utilities ("BPU") approving the Service Grantee's
request.
B. The Service Area is described as all those certain
tracts of land situate in the Township of Vernon, County
of Sussex, State of New Jersey, described as follows on
the Tax Map:
Block 231, Lots 1 & 8
Block 231.01, all lots
Block 260.27, Lot 13
C. Municipal consent is further given to the Service Grantee
for the use, without impairment of or obstruction to,
the roads, streets, avenues and ways of this Township
situate within and adjacent in the Service Area herein
described for the development, installation, construction,
operation and maintenance, and the connection thereto,
of the necessary sewage collection, treatment and disposal
plant and system, for the purpose of supplying and furnishing
Sewer Service within the Service Area ("Service Consent"),
subject to DEP and BPU approval.
Section
3. Service Consent is expressly conditioned the following:
A. Service Grantee is Vernon Sewer Company, Inc.
B. The Service Grantee is formed and organized pursuant
to N.J.S.A. 48:13-1 et. seq., to acquire, construct, operate,
maintain and manage the sewage collection, treatment and
disposal plant and system to service the Service Area.
C. The Service Grantee shall petition the BPU for approval
of this Service Consent ("BPU Approval").
D. The Service Grantee shall be fully operational to operate,
maintain and manage the sewage collection, treatment and
disposal plant and system not later than the dates of
issuance of the first certificate of occupancy for a residential
dwelling unit to be constructed on Block 231, Lots 1 &
8 and/or Block 260.27, Lot 13 ("Operations Commencement
Date").
E. From and after the Operations Commencement Date, the
sewage collection, treatment, and disposal plant and system
shall be continuously operated by the Service Grantee
in a safe and efficient manner and maintained in a state
of good operation and repair.
F. The Service Grantee shall construct, operate, maintain,
and manage the sewage collection, treatment and disposal
plant and system in accordance with all applicable (i)
statutes of the State of New Jersey, (ii) rules and regulations
of the DEP and BPU, and (iii) ordinances, rules and regulations,
and administrative orders of the Township Council and
all regulatory agencies, bodies and officials thereof.
G. The granting of Service Consent and the construction,
operation, maintenance and management of said sewage collection,
treatment and disposal plant and system or systems shall
not place any obligation, financial or otherwise, or any
liability of any kind, upon the Township, and no obligation
is to attach to the Township for the construction, operation,
maintenance or management of said sewage collection, treatment
and disposal plant and system.
H. The Township shall have no obligation, financial or
otherwise, to connect or compel the connection of any
houses or building located on the Service Area to the
sewage collection, treatment and disposal plan and system.
I. In the laying of pipes, mains and laterals and the
construction of manholes and other facilities and appurtenances
where there are no applicable Ordinances governing same,
the said mains and other facilities and appurtenances
shall be laid and constructed only after plans are submitted
to the Township Engineer indicating the location and depth
of said mains and other facilities and appurtenances and
approval of such plans by the Township Engineer is subsequently
obtained. Said plans shall include the location of such
mains, facilities and appurtenances by reference to existing
street right-of-way lines of adjoining property owners.
J. The Service Grantee shall keep all of its mains, other
facilities, equipment and appurtenances constructed, operated,
maintained, and installed under the provisions of the
Service Consent in good and safe order and condition,
and shall at all times fully indemnify, protect, and save
harmless the Township from and against all actions, claims,
suits, damages and charges and against all loss and necessary
expenditures arising from the erection, construction,
maintenance and operation of its sewage collection, treatment
and disposal system and from its neglect or failure to
maintain said facilities and systems in good and safe
order and condition.
K The Service Grantee, by acceptance of the grants, rights
and privileges conferred by this Ordinance, does agree
to defend, indemnify and hold harmless the Township and
all of its subsidiary agencies, officials and employees
from any and all claims of whatsoever kind or nature,
arising from and/or relating to the design, construction,
installation, operation, maintenance, repair or failure
to undertake or complete the foregoing of any of the sewage
collection, treatment and disposal plant and system, all
facilities and appurtenances including, but not by way
of limitation, claims for (i) personal injury or property
damage, (ii) non-compliance with statutes, ordinances
or rules and regulations, and (iii) failure, absence or
cessation of service or charges related thereto.
L. All Sewer Service provided by the Service Grantee shall
be limited and restricted to the Resort, Golf Course and
the residential units developed and constructed on the
Service Area, and no Sewer Service shall be provided by
the Service Grantee to any other lands which are situated
outside of the Service Area without prior approval of
the Township Council.
Section
4. Subject to the provisions hereof, including any and
all ordinances referred to herein, the Service Grantee
shall have the privilege of laying and/or connecting pipes
for its mains to the Service Area, along said streets,
avenues, parks, parkways, highways and other public places
now or hereafter constructed within or adjacent to the
Service Area, provided such private and public lands or
facilities are restored to their preexisting condition
or better.
Section
5. The Service Grantee shall have no right to assign any
of the rights, privileges, duties and obligations granted
and imposed hereunder to any other party without the prior
written consent and authorization of the Township Council
having been first obtained.
Section
6. All Ordinances or parts thereof which are inconsistent
with or in conflict with this Ordinance or any part hereof
are hereby repealed to the extent of said inconsistency.
Section
7. If the provisions of any section, subsection, paragraph,
subdivision or clause of this Ordinance shall be adjudged
invalid, such provisions shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision
or clause of this Ordinance, and to this end the provisions
of this section, subsection, paragraph, subdivision or
clause of this Ordinance are hereby declared to be severable,
and should any clause, sentence or other part of this
Ordinance be adjudged invalid by a court of competent
jurisdiction, such Judgment shall not affect, impair or
invalidate the remainder of this Ordinance.
Section
8. This Ordinance shall take effect upon its passage and
publication according to law.
NOTICE
NOTICE
IS HEREBY GIVEN that the above ordinance was introduced
and passed on first reading at the Regular Meeting of
the Township Council of the Township of Vernon in the
County of Sussex, State of New Jersey held in the Municipal
Building on April 28, 2003 and the same came up for final
passage at the Regular Meeting of the Township Council
held on May 12, 2003 at which time, after persons interested
were given an opportunity to be heard concerning said
ordinance, the same was passed and will be in full force
in the Township according to law.
________________________
John P. Logan, Mayor
____________________________
Patricia A. Lycosky, R. M. C.
Township Clerk
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