A.
In 1988 the Borough water reclamation facility was approaching its
permitted discharge limit of 400,000 gallons per day monthly average.
At the time that the average daily flow reached 80% of the permitted
discharge limit, the Borough was required to impose a sewer connection
ban and to establish a program of controls to ensure that the permitted
capacity of the water reclamation facility is not exceeded. By adoption
of Resolution No. 114-88, the Borough did impose a connection ban
in November 1988 which was approved by the New Jersey Department of
Environmental Protection.
B.
In July of 1989 the New Jersey Department of Environmental Protection
(NJDEP) imposed its own connection ban due to the inability of the
then-existing water reclamation facility to meet revised effluent
quality standards. The Borough was ordered to make additions and improvements
to the treatment facilities to ensure compliance with the revised
standards. Over the years from 1990 through 1993, the Borough made
additions and improvements costing over $4,000,000. As a result, the
treatment facility met all applicable effluent quality standards,
and on December 8, 1993, the NJDEP rescinded its sewer connection
ban. Despite the rescission of the NJDEP sewer connection ban, the
preexisting sewer ban imposed by the Borough continued to be mandated
by discharge limitations and the water reclamation facility has been
closely monitored through the years to ensure that the allowed discharge
limitations fall within applicable regulations.
C.
As part of its ongoing efforts to monitor and control the amount
of treated effluent discharge, the Borough of Mendham has completed
a program of sewer pipe and manhole rehabilitation financed through
Bond Ordinance No. 9-09, entitled "Bond Ordinance Providing for the
Improvement of the Sanitary Sewerage Collection System in and by the
Borough of Mendham, in the County of Morris, New Jersey, Appropriating
$1,600,000 Therefor and Authorizing the Issuance of $1,600,000 Bonds
or Notes of the Borough for Financing such Appropriation." The rehabilitation
work has resulted in a reduction of nonsewage infiltration averaging
100,000 gallons of flow per day, creating available sewage treatment
capacity. A portion of the newly available capacity must be retained
by the Borough for municipal projects, potential school expansions,
and other possible uses of the water reclamation facility over which
the Borough does not have regulatory jurisdiction, leaving 30,000
gallons per day potentially available for allocation to new construction,
the expansion of existing uses, and the like, subject to revision
of such amount based on changing circumstances.
D.
In determining to release the new sewage treatment allocation of
30,000 gallons per day, the Borough remains mindful that the consequences
of exceeding the water reclamation facility's New Jersey Pollutant
Discharge Elimination System (NJPDES) permit discharge limits could
result in mandatory water quality studies, an increase in the size
of the facility and modifications to the facility to provide improvements
in the quality of the effluent. The cost of such actions could be
prohibitive to the present users of the sewerage system. It is therefore
determined, and will remain, the purpose and intent of the Borough
to impose such controls on future service connections to the sewerage
system as are deemed reasonably necessary to comply with the mandate(s)
of the NJDEP.
A.
Except as hereinafter provided, the existing sewage collection system
shall not be extended, and no connection to said system shall be considered
if it requires such extension. A "sewer extension" is defined as the
installation of any pipe or conduit, regardless of size, required
to convey sewage to the Borough sewage collection system, where said
sewage collection system does not abut the premises to be served.
Any sewer connection which requires the obtaining of a right-of-way
or easement or which must cross adjacent properties to reach the existing
sanitary sewage collection system would be considered a sewer extension.
Any property or lot, existing or to be established, which does not
lie within 100 feet of an existing Borough sewer main or trunk line
shall be considered to be outside the sewer service area, and any
connection thereto would be considered an extension.
B.
An extension may be granted in a case where the facility to be served by such extension is presently served by an individual on-site septic system which has failed to function and which is certified to be irreparable and not able to be relocated upon the premises served and, upon the findings of the Borough Health Officer and the Borough Engineer, based upon proof required by § 168-48 below, there is no alternative but to allow the connection to the existing sewerage system.
C.
Also, notwithstanding any of the foregoing, the Borough Council shall
deny any application if it finds that approval of the application
would unduly threaten the remaining reserve treatment capacity of
the sewerage system contrary to N.J.A.C. 7:14A-12.20.
A.
No future connections to the Borough sewerage system shall be made
except with specific approval of the Borough Council through the adoption
of a resolution approved by an affirmative vote of a majority of said
governing body.
B.
The Borough Council shall not approve an application for connection
to the existing sewerage system unless said application for connection
shall meet one of the following criteria and all rules and regulations
on file with the Borough are complied with relative to sewer connection
applications:
(1)
The facility to be served by the proposed connection is located upon
a lot presently served by the existing sewage collection system, and
the sewage flow therefrom will not exceed:
(a)
One-tenth gallon per square foot of floor area per day in the
case of a new commercial, professional or business use; or
(b)
In the case of a new use in an existing structure, the anticipated sewage flow from the new use will not exceed the sewage flow from the prior use which existed at the time of the imposition of the sewer connection ban (November 7, 1988) or 0.10 gallon per square foot of floor area per day, whichever is greater. The preexisting and proposed design flows shall be determined pursuant to the New Jersey Department of Environmental Protection's design flows designated pursuant to N.J.A.C. 7:14A-23.3 for the particular use. If at the time of imposition of the Borough's sewer connection ban an existing structure was vacant and produced no sewage flow, that structure shall be subject to the limitation set forth under Subsection B(1)(a) above. The purpose of these regulations is to prevent an increase in the flow from an existing structure. The permitted flow may be reallocated among various uses in an existing structure, provided that no area of the structure is allocated less than 0.10 gallon per square foot of floor area per day. The transfer of flow from one structure to another structure on the same lot is expressly forbidden;
(2)
The facility to be served is a dwelling located on or to be located
on an existing lot presently serviced by the existing sewage collection
system;
(3)
The facility to be served is a dwelling to be located on a lot legally established through normal subdivision channels, which lot meets all of the requirements of Chapter 215, Zoning, for the residential zone in which it is located and if said lot so established can be serviced by the existing sewage collection system without the necessity of a sewer extension;
(4)
The facility to be served is presently served by an individual, on-site, septic system which has failed to function and which is certified to be irreparable and not able to be relocated upon the premises served and, upon the findings of the Borough Health Officer and the Borough Engineer, based upon proofs required by § 168-48 below, there is no alternative but to allow the connection to the existing sewer plant; or
C.
Notwithstanding any of the foregoing, the Borough Council retains the right to listen to or consider applications for service connections to the existing sewage collection system if an applicant can demonstrate that such consideration is in the best interest of the Borough of Mendham. If such application does deviate from the standards of this chapter, the applicant shall request a waiver from the Borough Council. Such waiver application shall be accompanied by an escrow deposit in an amount as set forth under Chapter 102, Fees.
D.
Also, notwithstanding any of the foregoing, the Borough Council shall
deny any application if it finds that approval of the application
would unduly threaten the remaining reserve treatment capacity or
applicable regulation.
E.
Any and all approvals of service connections to the system granted
pursuant to this section shall automatically expire at the end of
one year from the date of adoption of the resolution of approval,
unless within such one-year period either of the following shall have
occurred:
A.
In the event the Borough Council determines by resolution that a
specific quantity of sewage capacity has become available and may
be released in particular cases without adversely impacting the Borough's
ongoing efforts to monitor and control the amount and quality of treated
effluent discharged by the Borough water reclamation facility, the
Borough will accept applications from property owners to reserve allocations
of such sewage capacity in connection with a proposed development
project. If an application for reservation of allocated sewage capacity
is approved by the Borough Council, the reserved allocation of sewage
capacity shall be identified and established in such resolution.
B.
If an application for reservation of allocated sewage capacity is
approved by the Borough Council, a capacity reservation fee shall
be established and paid as follows:
(1)
There shall be a capacity reservation fee in an amount equal
to the Borough's cost in obtaining the allocated capacity. For example,
if the cost of obtaining or recapturing the available sewage capacity
is $1,600,000 per 100,000 gallons of capacity, the charge for reserved
capacity shall be $16 per each gallon of allocated capacity daily.
If an applicant proposes the future conversion of an office use to
a restaurant, for example, an additional 200 gpd of capacity will
be needed for the new use, resulting in a capacity reservation fee
of $3,200 calculated as follows: 200 gpd X $16 per gallon.
(2)
Upon approval of the application for reserved capacity, 20%
of the capacity reservation fee shall be due. An additional 20% of
the fee shall be due each year thereafter on the anniversary date
of the approval until it is paid in full; provided, however, that
if the applicant applies for a construction permit for the proposed
project, the entire capacity reservation fee shall be paid in full
before such permit shall issue.
(3)
In the event the applicant fails to connect the proposed project
to the sewerage system within five years after approval of the reservation
of allocated sewage capacity, the reservation shall revert to the
Borough and the capacity reservation fee paid to the Borough shall
be forfeited.
C.
Notwithstanding the provisions of Subsections A and B of this § 168-47.1, the Borough reserves the right to by resolution suspend the receipt of applications and/or the approval of pending applications for reservation of allocated sewage capacity upon determination that the operations of the water reclamation facility may result in measured discharge parameters that compromise the ability of the facility to meet its permit requirements.
A.
Where an existing septic system has failed and when it is alleged
that soil conditions will not permit the construction of a replacement
individual disposal system, the applicant for a sewer connection permit
shall be required to present percolation test results and soil permeability
data to the Borough Engineer and the Health Department Borough Sanitarian,
and said tests shall be performed in accordance with the requirements
of the laws of the State of New Jersey both as to technical requirements
and as to the number of tests required.
B.
The applicant shall prove to the satisfaction of the Borough Engineer
that there is no alternative individual disposal system which can
be constructed on site. Such alternatives shall include disposal beds,
disposal trenches, mound systems or similar installations.
When a sewer connection is permitted, and as a condition to
the approval of said sewer connection by the Borough Council, the
applicant shall agree to replace all existing water closets, shower
heads, sinks, lavatories, etc., with water-saving fixtures as presently
required for all new construction by the Uniform Construction Code
of the State of New Jersey.
