Resolution #14-03: Resolution of the Vernon Township Municipal Utilities Authority Approving Deferral of Mandatory Connection for a Period of (6) Six Months for Block 143, Lot 19 Cider Mill LLC

Date of Adoption: January 16, 2014

WHEREAS, on November 3, 2011 the Vernon Township Municipal Utilities Authority (“VTMUA”) adopted VTMUA Rules and Regulations (“Rules”) setting forth the procedural guidelines, rates, standard terms and conditions, and policies under which the VTMUA supplies sanitary sewer services to its customers; and

WHEREAS, Section 3.6 of the Rules requires owners of developed properties to connect to the VTMUA Sanitary Sewer Collection and Transmission System (“Sewer System”); and

WHEREAS, Rose Ann Sgarlato Brennan the owner of commercial property located at 514 Route 515 in the Township of Vernon, identified further as Block 143, Lot19 on the Official Tax Map of the Township;

WHEREAS, the Ms. Brennan submitted a Sewer Application, paid the applicable fees, and obtained the necessary permits in preparation for connecting to the Sewer System; and

WHEREAS, on or about November 21, 2013 the VTMUA received written correspondence from Ms. Brennan indicating that connecting to the Sewer System was not feasible at this time due it being a peak business period, and

WHEREAS, the VTMUA has determined that there is adequate justification for deferring mandatory connection due to the business volume at the Cider Mill at this time of year, and

WHEREAS, notwithstanding the foregoing, the Ms. Brennan has agreed to pay all annual user fees required by Section 4.1 of the Rules during the deferral period.

NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Vernon Township Municipal Utilities Authority as follows:

  1. The mandatory connection to the Sewer System for Block 143, Lot 19, owned by Ms. Rose Ann Sgarlato Brennan is hereby deferred for a period of (6) six months.
  2. In consideration of deferring the mandatory connection, Ms. Brennan shall pay VTMUA all annual user fees required by Section 4.1 of the Rules at rates based on 2 Equivalent Dwelling Unit.
  3. Ms. Brennan shall expressly waive any and all claims for reimbursement of fees, expenses, and/or charges paid in connection with their Sewer Connection Application, including without limitation, the application fee, review fee and connection fees.
  4. At the end of the deferral period, May 21st, 2014, six months from the date of the letter requesting the deferral, the property known as the Cider Mill LLC owned by Ms. Brennan shall be connected to the Sanitary Sewer System and no other extension shall be considered.

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon adoption according to law.