Generally. The Township hereby declares that the following system shall be used to allocate the water and sewer capacity for treatment facilities of the Township.

Application procedures.

Application and permit.

Loss of allocations. The Township reserves the right to cancel an allocation made to an applicant where the Township determines that at the end of one year from the date of the allocation less than 50% of the assigned EDUs have certificates of occupancy issued or 50% of the project assigned an allocation is not built, or at the end of 18 months from the date of allocation, 75% of the assigned EDUs do not have certificates of occupancy issued or 75% of the project assigned an allocation is not built. In the event that the Township finds that these facts occur and wishes to invoke the revocation provisions under this chapter, it shall notify the applicant in writing of a hearing. At the conclusion of this hearing, should the Township find that the applicant has failed in good faith to proceed with this construction, has materially misrepresented in his application his ability to proceed with the allocation, or there appears to be no reasonable basis for concluding that the applicant will be able to complete his allocation within the two-year time period set forth above, the Township may revoke the allocation of any EDUs for which a certificate of occupancy has not been issued. Upon the loss of an allocation, the Township will refund to the applicant all connection fees posted, without interest.

Reallocations. If at any time during the effectiveness of this chapter there shall become available additional EDUs, said units will be allocated within 90 days of certification by the Engineer to the Township of their availability, utilizing the same rights and procedures as set forth above.

Assignment/transfer. No transfer or assignment of any allocation of EDUs of capacity hereunder shall be effective until it has been reviewed by the Director of the Department of Public Works for the Township of Burlington and approved by the Township Council. Absent such approval, any such transfer or assignment of EDUs of capacity reserved hereunder shall be null and void and of no legal effect. The review of the Director of the Department of Public Works shall be limited to a verification of the allocated EDUs for the developer's project/site and proper utilization of the Township's treatment plant and water system.

Repurchase. The Township may elect, at its sole option, to repurchase EDUs of capacity. This repurchase shall be accomplished by giving written notice to the record owner of the EDUs, stating the Township's intention to repurchase said EDUs. At the time that the Township tenders payment for the repurchase of the EDUs of capacity, the said EDUs of capacity repurchased shall be null, void and of no legal effect, and the Township shall be free to sell new EDUs of capacity covering the capacity which had been reserved under the repurchased EDUs of capacity.

Administrative fee. Upon a request for the assignment, transfer or repurchase of EDUs of capacity in accordance with the provisions of this chapter, the record owner of the EDUs of capacity shall be responsible to pay an administrative fee to the Township. This fee is intended to cover the various administrative and other costs to the Township, including, but not limited to, the review, analysis, and processing of the request by the Township staff and professionals. The amount of the administrative fee shall be not less than 10% of the costs for each EDU of capacity being assigned, transferred, or repurchased, with the final fee to be determined based upon the extent of the complexity of the issues involved with the individual request being made by the record owner.