MARVIN MANDEL, Governor 2521
RELATING TO THE COLLECTION OF THE BENEFIT CHARGES AS THEY
EXISTED PRIOR TO DECEMBER 31, 1975, SHALL REMAIN IN FULL
FORCE AND EFFECT FOR THE PURPOSE OF THE COLLECTION OF ANY
OF THE BENEFIT CHARGES DUE AND ACCRUED PRIOR TO JUNE 1,
1976. THE REPEAL OF THESE PROVISIONS SHALL BE TAKEN ONLY
SO FAR AS THEY RELATE TO THE COLLECTION OF BENEFIT
CHARGES DUE AND ACCRUED AFTER MAY 31, 1976.
(J) REMOTE AREAS. WHERE AN APPLICANT APPLIES FOR
WATER OR SEWER LINES IN AN AREA IN WHICH THE COMMISSION
DETERMINES THAT IT IS ECONOMICALLY NOT FEASIBLE TO SERVE
UNLESS THE APPLICANT MAKES A SUBSTANTIAL CONTRIBUTION TO
THE COST OF CONSTRUCTION OF SUCH WATER AND SEWER LINES
INCLUDING THE COST OF CONNECTING THEM WITH THE
COMMISSION'S SYSTEM, THE COMMISSION MAY CLASSIFY
APPLICANT'S PROPERTY TOGETHER WITH OTHER ADJACENT OR
ADJOINING PROPERTIES THAT COULD BE READILY SERVED FROM
THE CONSTRUCTION REQUIRED BY APPLICANT AS A "REMOTE
AREA." UPON THE APPROVAL OF THE APPLICATION AND THE
PAYMENT OF THE CONTRIBUTION, THE COMMISSION MAY CONSTRUCT
WHATEVER WATER OR SEWER LINES AS ARE DESIRED BY
APPLICANT. IF THE COMMISSION CONSTRUCTS THE WATER OR
SEWER LINES, IT SHALL LEVY THE USUAL BENEFIT CHARGE AS
PROVIDED BY LAW. THE COMMISSION MAY CONTRACT WITH THE
APPLICANT AT THE TIME OF THE CONTRIBUTION TO REFUND PART
OR ALL OF THE CONTRIBUTION FROM ANY BENEFIT CHARGES
LEVIED AGAINST PROPERTY ON LINES SUBSEQUENTLY CONSTRUCTED
BY THE COMMISSION AND SERVED THROUGH THE LINES OF THE
APPLICANT, WITHIN THE "REMOTE AREA." THE PROPORTION TO
BE REFUNDED AND THE MAXIMUM TIME OF REPAYMENT SHALL BE
DETERMINED BY THE COMMISSION.
(K) ASSESSMENT FOR ENLARGED OR AUGMENTED WATER
MAINS OR SANITARY SEWERS; EXCEPTION. WHERE A WATER MAIN
OR SANITARY SEWER IS REPLACED OR AUGMENTED BY THE
COMMISSION IN ORDER TO PROVIDE INCREASED WATER OR SEWER
SERVICE CAPABILITY TO ABUTTING OR CONNECTED PROPERTIES,
AND THE NECESSITY FOR THE ENLARGED REPLACEMENT OR
AUGMENTATION ARISES FROM CHANGES, WHETHER INDIVIDUALLY OR
CUMULATIVELY, IN USE OR ZONING CATEGORY OF THE PROPERTY
TO BE ABUTTING OR CONNECTED, THOSE PROPERTIES SHALL
DERIVE A BENEFIT FROM THE ENLARGED OR AUGMENTED FACILITY,
AND BENEFIT CHARGES FOR THE CONSTRUCTION, AS PART OF THE
WATER OR SEWER SYSTEM SERVICES, AS APPLICABLE, SHALL BE
ASSESSED, COLLECTED AND REDEEMED, WHERE APPLICABLE, AS
PROVIDED UNDER SECTION 164(B), (E) , (F) AND (G) FOR THE
INITIAL CONSTRUCTION OF THE ENLARGED OR AUGMENTED
FACILITY. THEREAFTER, ANY UNPAID PORTION OF THE INITIAL
BENEFIT CHARGE REMAINING SHALL BE MERGED WITH THE NEW
BENEFIT CHARGE RESULTING FROM THE ENLARGED OR AUGMENTED
FACILITY TO BECOME ONE BENEFIT CHARGE RATHER THAN TWO
SEPARATE CHARGES, WITH THE UNPAID PORTION OF THE INITIAL
CHARGE INCLUDED AS AN INCREMENT OF THE SINGLE RESULTING
CHARGE ONLY DURING THE REMAINING YEARS OF THE INITIAL
CHARGE. A PROPERTY IN THE SUBDIVISION RESIDENTIAL CLASS
WHICH ABUTS THE ENLARGED OR AUGMENTED FACILITY AND WHICH
IS ALREADY SUBJECT TO, OR WAS PREVIOUSLY SUBJECTED TO AND
PAID, A BENEFIT CHARGE FOR WATER OR SEWER LINE
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