Resolution #16-05: Resolution of the Vernon Township Municipal Utilities Authority Extending Deferral of Mandatory Connection for an Additional Two (2) Years Due to Unique Physical Conditions Affecting the Subject Property at 324 Rt. 94, Block 145 Lot 7 Owned by Morgan and Patricia Giunta

Date of Adoption: January 21, 2016

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, Morgan and Patricia Giunta are the owners of commercial property located at 324 RT 94 in the Township of Vernon, identified further as Block 145, Lot 7 on the official tax map of the township;

WHEREAS, the Giuntas 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 October 30, 2013 the VTMUA received written correspondence from the Giuntas indicating that connecting to the sewer system is not economically feasible due to the unique physical conditions affecting the subject property, in particular the presence of a natural rock ledge that precludes installation of necessary components to the required depth; and

WHEREAS, the VTMUA has inspected the physical conditions affecting the subject property and reviewed the cost estimates prepared by the Giuntas’ contractor; and

WHEREAS, the VTMUA has determined that there is adequate justification for deferring mandatory connection due to the unique physical conditions affecting the subject property which will require extraordinary costs for compliance; and

WHEREAS, notwithstanding the foregoing, the Giuntas have agreed to pay all annual user fees required by Section 4.1 of the rules during the deferral period, and

WHEREAS, on December 19, 2013 by the commissioners of the Vernon Township Municipal Utilities Authority approved the deferral subject to the following conditions:

  1. The mandatory connection to the sewer system for Block 145, Lot 7, owned by Morgan and Patricia Giunta is hereby deferred for a period of two (2) years.
  2. In consideration of deferring the mandatory connection, the Giuntas shall pay VTMUA all annual user fees required by Section 4.1 of the rules at rates based on 1 Equivalent Dwelling Unit.
  3. The Giuntas 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, the VTMUA may reexamine this matter and renew or amend its deferral agreement with the owner or in the alternative, require that the owner connect to the sewer system pursuant to the rules.

WHEREAS, the Giuntas have, at the end of the originally granted deferral period, requested an additional deferral for an additional two (2) years as nothing has changed and the cost of connecting to the sewer still remains exorbitant due to the rock ledge and the damage that may occur to the ruble wall foundation should blasting be done.

NOW THEREFORE BE IT RESOLVED that the commissioners of the Vernon Township Municipal Utilities Authority approve the granting of the additional two (2) year deferral subject to the following conditions:

  1. In consideration of deferring the mandatory connection, the Giuntas shall pay VTMUA all annual user fees required by Section 4.1 of the rules at rates based on 1 Equivalent Dwelling Unit.
  2. The Giuntas 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.
  3. At the end of the deferral period, the VTMUA may reexamine this matter and renew or amend its deferral agreement with the owner or in the alternative, require that the owner connect to the sewer system pursuant to the rules.

BE IT FURTHER RESOLVED that:

  1. The VTMUA hereby authorizes counsel to prepare the requisite legal documents memorializing the terms and conditions of this agreement.
  2. The chairman is hereby authorized to execute any and all legal documents prepared in connection herewith on behalf of the VTMUA.
  3. This resolution shall take effect immediately upon adoption according to law.