Township of Deptford, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 14-1
SEWER CONNECTIONS. 

§ 14-1.1
Definitions. 

§ 14-1.2
Connection required. 

§ 14-1.3
Material specifications. 

§ 14-1.4
Failure to make connection. 

§ 14-1.5
Notice of intention to do work. 

§ 14-1.6
Service of notice. 

§ 14-1.7
Publication of notice where service is not possible. 

§ 14-1.8
Proof of service to be filed. 

§ 14-1.9
Account and filing of cost. 

§ 14-1.10
Costs: interest and penalties; lien against property. 

§ 14-1.11
Payment in installments. 

§ 14-1.12
Rules and regulations. 

§ 14-1.13
Reimbursement of costs. 

§ 14-1.14
Alternate procedure; enforcement by Council. 

§ 14-1.15
Violations and penalties. 

§ 14-2
WATER AND SEWER LATERAL MAINTENANCE. 

§ 14-2.1
Maintenance of sewerage, water mains and trunk lines. 

§ 14-2.2
Maintenance of laterals. 

§ 14-2.3
Method of enforcement. 

§ 14-3
SEWER CHARGES. 

§ 14-3.1
County Club Estates. 

§ 14-4
MUNICIPAL UTILITIES AUTHORITY. 

§ 14-4.1
Creation. 

§ 14-4.2
Powers and duties. 

§ 14-4.3
Membership. 

§ 14-4.4
Compensation. 

§ 14-4.5
Appointing of employees. 

§ 14-4.6
Alternate members. 

§ 14-4.7
Copy filed with secretary of state. 

§ 14-1 SEWER CONNECTIONS.

§ 14-1.1 Definitions.

[Ord. No. 0-4-73; Ord. No. 0-9-73; 1967 Code § 62A-1]

As used in this section:

BUILDING
Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or for any other use or occupancy by persons whatsoever, including but not limited to commercial or industrial use.
CONNECTION DATE
The 90th-day, when used with respect to a building constructed prior to the date of the initial operation, as part of any sanitary sewage treatment and disposal system and water system in the Township owned or operated by the Township or the Township Municipal Utilities Authority, of sewer and water available to serve the building; and when used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system and water facilities owned or operated by the Township or the Authority, of sewer and water available to serve the building, the 60th-day after the date of initial occupancy of the building, whichever of the dates shall be earlier in point of time.
SEWER
Any sewer or main designed or used for collection or disposal of sanitary sewage within the Township.
WATER
Any water or main designed or used for supplying the public with water within the Township.

§ 14-1.2 Connection required.

[Ord. No. 0-4-73; 1967 Code § 62A-2]
a. 

The owner of each property along the line of any sewer or water main now or hereafter constructed in the Township by the Township or by the Township Municipal Utilities Authority shall connect each building on such property with sewer and/or water prior to the connection date with respect to the building.

b. 

The owner of each building located anywhere in the Township in which a sewer is now constructed or shall be hereafter constructed shall, prior to such connection date with respect to such building:

1. 

Install a toilet in such building unless a toilet is installed therein.

2. 

Connect such building and the toilet therein with such sewer.

§ 14-1.3 Material specifications.

[Ord. No. 0-4-73; 1967 Code § 62A-3]
a. 

Sewer connections. Every connection required by this section shall be made with cast-iron soil pipe from inside the building to a point not less than five feet outside the building. From this point to the sewer main, cast-iron pipe caulked and leaded or asbestos cement pipe with slip-joint rubber gaskets may be used. All pipes must be not less than four inches in diameter.

b. 

Water connections. Every connection required by this section shall be made with such materials as specified by the State Uniform Construction Code or Ordinance now in effect or hereafter adopted, and in the absence thereof, with such materials and sizes of pipe as may be directed by the Township Municipal Utilities Authority.

§ 14-1.4 Failure to make connection.

[Ord. No. 0-4-73; 1967 Code § 62A-4]

If the owner of any properties affected thereby shall neglect, after lawful notice is provided, to make any water and/or sewer connection or installation of toilet, the Township Municipal Utilities Authority may cause such connection or installation to be made under the direction and supervision of its Executive Director, or such officer of the Township Municipal Utilities Authority, or may award one or more contracts for the making of such improvements.

§ 14-1.5 Notice of intention to do work.

[Ord. No. 0-4-73; 1967 Code § 62A-5]

Before proceeding to make any such connection or installation or awarding any contract for the making thereof, the Township Municipal Utilities Authority shall cause notice of such contemplated connection or installation to be given to the owner of any properties affected thereby. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, as well as a description of the required connection or installation, and notice that unless the connection or installation shall be completed within 30 days after the service thereof, the Township Municipal Utilities Authority, pursuant to the grant of authority given it by the Township will proceed to make such connection, or cause the same to be done, pursuant to the authority of N.J.S.A. 40:63-54, and also pursuant to the authority of this section.

§ 14-1.6 Service of notice.

[Ord. No. 0-4-73; 1967 Code § 62A-6]

The notice may be served upon the owner or owners resident in the Municipality in person, or by leaving it at their usual place of residence with a member of their family above the age of 14 years. If any such owner shall not reside in the municipality, such notice may be served upon him personally, or be mailed to his last known post office address, or it may be served upon the occupancy of the property, or upon the agent of the owner in charge thereof. Notice to infant owners or owners of unsound mind shall be served upon their guardians. When lands are held in trust, service shall be made upon the trustee. When properties are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one shall be sufficient and shall be deemed and taken as notice to all.

§ 14-1.7 Publication of notice where service is not possible.

[Ord. No. 0-4-73; 1967 Code § 62A-7]

If the owner of any such property is unknown or service cannot for any reason be made as above directed, notice shall be published at least once not less than 30 days before the making of such connection by the Township Municipal Utilities Authority, in a newspaper circulating in the Municipality. There may be inserted in the advertisement, notice to the owner or owners of several different properties.

§ 14-1.8 Proof of service to be filed.

[Ord. No. 0-4-73; 1967 Code § 62A-8]

Proof of service or publication of such notices shall be filed within 10 days after such service with the Tax Collector of the Township, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.

§ 14-1.9 Account and filing of cost.

[Ord. No. 0-4-73; 1967 Code § 62A-9]

When any such water and/or sewer connection or toilet installation shall be made, a true and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected, and a true statement of such costs under oath shall be forthwith filed with the Township Clerk by the Township Municipal Utilities Authority Director, or the designated officer of the Authority in charge of such connection or installation. The Township Council shall examine the same, and if properly made, shall confirm it and file such statement with the Tax Collector. The Tax Collector shall record the connection or installation charge in the same book in which the local and other assessments are record.

§ 14-1.10 Costs: interest and penalties; lien against property.

[Ord. No. 0-4-73; 1967 Code § 62A-10]

Such connection or installation charge shall bear interest and penalties from the same time and at the same rate as assessments for local improvements, and from time of confirmation, shall be a first and paramount lien against the respective property or properties so connected with the Township or Township Municipal Utilities Authority's Utilities System, to the same extent as assessments for local improvements, to be collected and enforced in the same manner.

§ 14-1.11 Payment in installments.

[Ord. No. 0-4-73; 1967 Code § 62A-11]

The Township Municipal Utilities Authority may, with the consent of the Township Council, provide for the payment of any sewer or water connection or toilet installation charges in installments in the same manner as assessments for local improvements, to bear the same rate of interest, and be collected and enforced in the same manner as are installments for assessments on local improvements.

§ 14-1.12 Rules and regulations.

[Ord. No. 0-4-73; 1967 Code § 62A-12]

The Township Municipal Utilities Authority may promulgate such rules and regulations as may be necessary in furtherance of, and to effect the purposes and objectives set forth in this section. Such rules and regulations shall not be of effect unless notice of the proposed adoption is advertised at least five days prior to the date set by the Authority for public hearing.

§ 14-1.13 Reimbursement of costs.

[Ord. No. 0-4-73; 1967 Code § 62A-13]

Upon collection by the Tax Collector of those water and sewer connection or toilet installation charges expended by the Township Municipal Utilities Authority, as assessed in accordance with the provisions of this section, such sum(s) shall be reimbursed, including accrued interest, by the Township Municipal Utilities Authority.

§ 14-1.14 Alternate procedure; enforcement by Council.

[Ord. No. 0-4-73; 1967 Code § 62A-14]

Notwithstanding the express delegation to the Township Municipal Utilities Authority, to effect the provisions of this section, in furtherance of those powers, express and implied, to effect such purpose as enumerated in N.J.S.A. 40:14b-1 et seq., the Township by such delegation of authority to the Township Municipal Utilities Authority, and the designated public officers herein, does not expressly waive any power and it does hereby reserve to itself all powers to take those actions granted it in accordance with the provisions of N.J.S.A. 40:63-52 through 40:63-64, which are incorporated herein by reference, and herein reserves the right to enforce the mandatory connection of water, sewer and toilet connections and or installations, in accordance with the following provisions.

a. 

Failure to make connection. If, after the passage of this section, the owner of any properties affected thereby shall neglect, after lawful notice is provided, to make any water and/or sewer connection or installation of toilet, the Township may cause such connection or installation to be made under the direction and supervision of its Township Manager, or such other designated officer of the Township, or may award one or more contracts for the making such improvements.

b. 

Notice of intention to do work. Before proceeding to make any such connection or installation or awarding any contract for the making thereof, the Township shall cause notice of such contemplated connection or installation to be given to the owner of any properties affected thereby. The notice shall contain a description of the required connection or installation, and notice that unless the connection or installation shall be completed within 30 days after the service thereof, the Township will proceed to make such connection, or cause the same to be done, pursuant to the authority of N.J.S.A. 40:63-54, and also pursuant to the authority of this section.

c. 

Service of notice. The notice may be served upon the owner or owners resident in the municipality in person, or by leaving it at their usual place of residence with a member of their family above the age of 14 years. If any such owner shall not reside in the municipality, such notice may be served upon him personally, or be mailed to his last known post office address, or it may be served upon the occupancy of the property, or upon the agent of the owner in charge thereof. Notice to infant owners or owners of unsound mind shall be served upon their guardians. When lands are held in trust, service shall be made upon the trustee. When properties are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one shall be sufficient and shall be deemed and taken as notice to all.

d. 

Publication of notice where service is impossible. If the owner of any such property is unknown or service cannot, for any reason, be made as above directed, notice shall be published at least once not less than 30 days before the making of such connection by the Township, in a newspaper circulating in the municipality. There may be inserted in the advertisement, notice to the owner or owners of several different properties.

e. 

Proof of service. Proof of service of publication of such notices shall be filed within 10 days after such service, with the Tax Collector of the Township, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.

f. 

Cost; certification and collection. When any such water and/or sewer connection or toilet installation shall be made, a sure and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected, and a true statement of such costs under oath shall be forthwith filed with the Township Clerk by the Township Manager or the designated officer of the Township in charge of such connection or installation. The Township Council shall examine the same, and if properly made, shall confirm it and file such statement with the Tax Collector. The Tax Collector shall record the connection or installation charge in the same book in which the local and other assessments are recorded.

g. 

Assessments; interest and penalties; assessments a lien. Such connection or installation charge shall bear interest and penalties from the same time, and at the same rate, as assessments for local improvements, and from the time of confirmation, shall be a first and paramount lien against the respective property or properties so connected with the Township or Township Municipal Utilities Authority's utilities system, to the same extent as assessments for local improvements, to be collected and enforced in the same manner.

h. 

Payment in installations. The Township Manager or the designated officer of the Township may, with the consent of the Township Council, provide for the payment of any sewer or water connection or toilet installation charges in installments in the same manner as assessments for local improvements, to bear the same rate of interest, and be collected and enforced in the same manner as are installments for assessments on local improvements.

i. 

Rules and regulations. The Township Manager or the designated officer of the Township may promulgate such rules and regulations as may be necessary in furtherance of, and to effect the purpose and objectives set forth in this section. Such rules and regulations shall not be of effect unless notice of the proposed adoption is advertised at least five days prior to the date set by the Township Manager or the designated officer.

§ 14-1.15 Violations and penalties.

[Ord. No. 0-4-73; 1967 Code § 62A-15; New]

Any person or persons, firm or corporation failing to obey the provisions of this section, or the orders of the Public Officer, the Township or Township Municipal Utilities Authority issued pursuant to this section, shall be subject to the General Penalty established in Section 1-5 of this Code. The penalties provided therein shall not be deemed to bar or exclude any other power of enforcement which the Township and/or Township Municipal Utilities Authority by and through its public officers shall have in order to enforce compliance with the provisions of this section.

§ 14-2 WATER AND SEWER LATERAL MAINTENANCE.

§ 14-2.1 Maintenance of sewerage, water mains and trunk lines.

[Ord. No. 4-28-69; 1967 Code § 78-1]

The repair, maintenance, replacement and general upkeep of sewerage and water mains and trunk lines shall be repaired, maintained, replaced and generally kept up by the person, corporation, entity or municipal subdivision or subagency operating any and all sewage-collection or treatment facilities or water supply or system within the Township utilizing the main or trunk lines situate in any roadway, cartway, right-of-way or lands dedicated unto the public for the purpose of public travel at the expense of the person, corporation or municipal subdivision or subagency operating the same.

§ 14-2.2 Maintenance of laterals.

[Ord. No. 4-28-69; 1967 Code § 78-2]

Laterals shall be maintained by the operator of any sewage-collection system or water supply or system or such portions thereof as shall be situate in any roadway, cartway, right-of-way or lands dedicated unto the public for the purpose of public travel. The maintenance of laterals not within the previously described area shall be at the expense and liability of the users of the laterals.

§ 14-2.3 Method of enforcement.

[Ord. No. 4-28-69; Ord. No. 0-1-71; 1967 Code § 78-3; New]
a. 

For any and all violations of the duty to keep in good repair by a person, corporation, entity or municipal subagency operating all sewage-collection or treatment facilities or water supply systems within the Township which utilize mains or trunk lines situated in any roadway, cartway, right-of-way or land dedicated unto the public for the purpose of public travel, the Mayor is hereby authorized and vested with the power to sign and file a complaint, in his official capacity as Mayor, with the Superior Court of the State of New Jersey, citing such violation, to enforce compliance with the provisions of this section. The same remedy shall be available for violation of the duty to maintain laterals heretofore described in this section or any other provisions hereof.

b. 

Exclusive of the remedy described in paragraph a., any person, firm or corporation violating the provisions of this section may, upon conviction, be subject to the general penalty established in Section 1-5 of this Code.

§ 14-3 SEWER CHARGES.

§ 14-3.1 County Club Estates.

[Ord. No. 2-13-56; Ord. No. 5-14-62; Ord. No. 0-4-74; 1967 Code §§ 63-13—63-16]
a. 

Rents and charges. All persons, firms, corporations, associations and organizations whose houses, buildings or properties are connected or which may hereafter be connected with the sanitary sewer of Country Club Estates, shall pay the rents hereinafter prescribed as follows:

1. 

The annual sewer rental for each house or other building connected with the sewers shall be the sum of $85 per annum, payable in quarterly installments of $21.25 each on the 15th-day of March, June, September and December.

2. 

In any special cases not contemplated in the above schedule of rates or not clearly defined therein, the Township Council is hereby authorized to establish special rates or rentals under such schedules or formulas as the Township Council may deem necessary to keep and maintain its sewage system on a self-liquidating basis and to make, execute and deliver such contracts or agreements with such special consumers as the circumstances may required.

3. 

All unpaid sewer rentals or installments thereof shall be subject to interest of 3% for any payment made after its due date.

b. 

Collection of rentals. The collection of rentals shall be made by the Township Tax Collector, or such other persons as the Township Council shall designate, of the Township who shall have powers to make such regulations and establish such systems of billing and collection as may be in the best interests of the proper management of the sewage system.

c. 

Payment; charges to become lien. That all rates, rentals and charges established herein shall be payable to the Township Clerk or such other person as the Township Council shall designate as specified herein and shall be and remain until paid a lien upon the premises served by such connection the same as all other taxes and municipal charges upon the real estate and the Township shall have the same remedy for the collection of the rates, rentals and other charges with interest, costs and penalties as fixed by the Township, as the Township has under the laws of this State for the collection of taxes and other municipal liens upon real estate.

d. 

Subject to payment. The owners of all lands and premises served by the sanitary sewer system aforesaid shall be liable for the payment of such rates, rentals and charges regardless of the fact that the lands and premises may be occupied by some other persons, films, corporations, associations or organizations.

§ 14-4 MUNICIPAL UTILITIES AUTHORITY.

§ 14-4.1 Creation.

[Ord. No. 6-30-60; 1967 Code § 40-1]

Pursuant to the provisions of the County and Municipal Water and Sewage Disposal Authorities Law, P.L. 1957, c.183, p. 634 § 1 (N.J.S.A. 40:14B-1), of the State of New Jersey, there is hereby created a public body corporate and politic under the name and style of "Township Municipal Utilities Authority."

§ 14-4.2 Powers and duties.

[Ord. No. 6-30-60; 1967 Code § 40-2]

The Township Municipal Utilities Authority hereby created is a utilities authority as contemplated and provided by the County and Municipal Water and Sewage Disposal Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for by the County and Municipal Water and Sewage Disposal Authorities Law and any other statutes heretofore enacted and applicable thereto.

§ 14-4.3 Membership.

[Ord. No. 6-30-60; Ord. No. 12-29-60; 1967 Code § 40-3A; Ord. No. 0-23-83; Ord. No. 0-2-87]

The Township Municipal Utilities Authority shall consist of five members and two alternates, and the members and alternate members shall be appointed by the Township Council. The terms of the members shall be for periods set forth in N.J.S.A. 40:14B-4.

§ 14-4.4 Compensation.

[Ord. No. 6-30-60; Ord. No. 12-29-60; Ord. No. 0-5-74; Ord. No. 0-10-78; 1967 Code § 40-38; Ord. No. 0-23-83]

Pursuant to N.J.S.A. 40:14B-17, the members and alternate members of the Township Municipal Utilities Authority shall receive as compensation for their services such sums as the Township Municipal Utilities Authority may determine, but the compensation shall not exceed the annual sums below mentioned for the various members:

Position Compensation
Chairman $2,000
Vice Chairman $1,600
Secretary-Treasurer $1,650
Authority Members $1,500
Authority alternate members may receive the sum of $50 per meeting for any meeting in which they are required to act on behalf of a regular authority member.

§ 14-4.5 Appointing of employees.

[Ord. No. 6-30-60; Ord. No. 12-29-60; 1967 Code § 40-3C; Ord. No. 0-23-83]

Pursuant to N.J.S.A. 40:14B-18, the Township Municipal Utilities Authority may appoint a Secretary, an Executive Director, a Chief Engineer, a Solicitor and such agents and employees as it may require, and the Township Municipal Utilities Authority in making appointments and employments shall determine the qualifications, terms of office, duties, retainers and/or compensations of all such appointees or employees.

§ 14-4.6 Alternate members.

[Ord. No. 0-23-83 § 1]

"Alternate No. 1" and "Alternate No. 2" shall serve during the absence or disqualification of any regular member or members. In the event of any absence of disqualification of any regular member or members, "Alternate No. 1" during the months of February through July, shall be initially designated to serve and vote during any such absence or disqualification; "Alternate No. 2" shall be initially designated to serve and vote during the absence or disqualification of any regular member or members during the months of August through January; provided however, that in the event more than one regular member is absent or disqualified for any meeting or meetings, "Alternate No. 1" and "Alternate No. 2" may act in their stead and vote.

The terms of appointments and the powers of alternate members shall be as set forth in N.J.S.A. 40:14B-4.

§ 14-4.7 Copy filed with secretary of state.

[Ord. No. 6-30-60; 1967 Code § 40-4]

A copy of this chapter, duly certified by the Township Clerk, shall forthwith be filed by the Township Clerk in the office of the Secretary of State of the State of New Jersey.