§ A164-6. Duration of consent.  


Latest version.
  • A. 
    Term. The limited municipal consent granted to Elizabethtown herein is for a period of 10 years from the effective date of this ordinance.
    B. 
    Public hearing. Immediately prior to the ten-year expiration of consent, the Township of Kingwood shall conduct public hearings regarding the performance of Elizabethtown with the terms of this municipal consent. The public hearing shall be duly advertised and shall provide any opportunity for all interested persons to participate.
    C. 
    Extension. Upon the conclusion of the public hearings as set forth herein, the Township of Kingwood shall consider such extension and such additional conditions as the record of the public hearings may warrant.
    D. 
    Transferability. The right of Elizabethtown to transfer or assign any and all of its rights and obligations under this limited municipal consent ordinance shall only be permitted upon Elizabethtown providing to the township 30 days' advance written notice of such intent to transfer and specifying the name of the assignee and other pertinent data as may be required by the township. No transfer or assignment shall be made without the prior written consent of the Kingwood Township Committee, which consent shall not be unreasonably withheld. Any notice or request for assignment must contain the written acknowledgment of the proposed assignee to be bound by all of the terms and conditions of this limited municipal consent ordinance and shall require the posting of a replacement performance bond and satisfaction of the liability insurance requirements prior to any written consent to transfer by the Kingwood Township Committee.
    E. 
    Notice of proceedings. Elizabethtown shall give the municipality timely written notice of at least 15 days in advance of all proceedings initiated by Elizabethtown or the B.P.U. or other regulatory agency when such proceedings may affect the commitments, municipal consent or relationship between Elizabethtown and the municipality, whether or not such notice is required by law. All submissions provided to such regulatory agency by Elizabethtown shall also be provided to the Township of Kingwood.