City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 10-5-1959 (Ord. No. 717) as Ch. 8, Article III, Section 8, of the 1959 Revised Ordinances]
[Amended 4-15-1974 by Ord. No. 1-74]
A. 
No person shall make any sewer connection unless a permit to do so has first been issued in accordance with the provisions of Chapter 107, Licenses and Permits. Applications shall be made to the Community Affairs Department and, in addition to the information required by § 107-6B, shall supply a detailed and accurate description of the purpose for which the permit is sought and of the premises and structures involved. All permits shall be approved by the City Manager.
[Amended 8-17-1987 by Ord. No. 21-87]
B. 
No person shall break into any sewer unless a special permit to do so has first been issued in accordance with the provisions of Subsection A above.
C. 
The fee for a permit to make a sewer connection or to break into a sewer shall be as set forth in Chapter 107, Licenses and Permits.[1]
[1]
Editor's Note: Former Subsection D, dealing with a sewer connection ban at Anderson and Court Streets, which subsection immediately followed this subsection, was repealed 1-21-1992 by Ord. No. 1-92.
[Added 2-6-2007 by Ord. No. 4-2007; amended 2-24-2015 by Ord. No. 03-2015]
A. 
Payment of fee required. No connection to the sewer system of the City of Hackensack, in the County of Bergen, State of New Jersey (the "City") shall be made except upon the payment of sewer connection fees set forth herein to the City department having jurisdiction over the sewer system and the filing of a sewer use permit with the Building Department of the City along with the applicable fees for the permit.
B. 
Filing fees. Upon the filing of an application for a connection to the sewer system of the City, the applicant shall pay a filing fee of $750 for residential developments over 50 units and for commercial or industrial developments over 5,000 square feet.
C. 
Connection fee calculation:
(1) 
The City adopts the use of 300 gallons per day for each sewerage unit.
(2) 
The connection fee for each sewerage unit shall be equal to $2,500.
D. 
Dwelling unit connection fees.
(1) 
The sewer connection fee for each residential dwelling shall be a sewerage unit value of one.
(2) 
These fees shall be applicable to newly constructed residential units as well as new residential units created as a result of conversion and reconstruction or rehabilitation of existing structures. The sewer connection fees provided by this section shall be paid prior to the connection into the sewer system of City and prior to the City's issuance of a certificate of occupancy.
E. 
Commercial or industrial sewer connection fees. The sewer connection fee for commercial or industrial uses shall be as follows:
(1) 
Commercial and industrial sewer uses are defined for the purposes of this section to include, but not be limited to, industries, businesses, commercial establishments, offices, stores, shopping centers, private schools, churches, post offices, health care centers, hospitals, service stations, theaters, restaurants, luncheonettes, diners, laundromats, and car wash facilities, as well as such other commercial and industrial uses as are permitted by Chapter 175, Zoning, or as permitted by approved variances.
(2) 
The sewer connection fee shall be a sewerage unit value of one per 5,000 square feet of floor area, but not less than $2,500.
(3) 
For all automatic car-washing businesses one sewerage unit for each 10 cars serviced per day.
(4) 
For all self-serve and non-automatic car-washing businesses, one sewerage unit for each 20 cars served per day.
F. 
Connection fees for mixed-use premises. In the case of a sewer connection for premises which constitute a mixed residential/commercial/industrial use, $750 for residential developments over 50 units and $750 for commercial and industrial developments over 5,000 square feet, together with the costs as hereinabove provided. The sewer connection fees shall be as set forth in Subsections C and D for each residential sewerage unit and Subsection E for each commercial or industrial sewerage unit, but not less than $2,500 together with the other charges hereinabove provided.
G. 
Applicability. The provisions of this article shall apply to any sewer connection for property located in the City, as well as for any sewer connections for the property located outside of the City but for which permission is granted for the disposal of sewerage to be transmitted into the sewer system of the City.
H. 
Compliance with N.J.S.A. 40A:26-11. The sewer connection fees set forth in this section have been calculated and established pursuant to the provisions of N.J.S.A. 40A:26-11 and shall be recomputed at the end of each City budget year, after a public hearing is held, and approved by the City Council. Said annually recomputed and approved connection fees shall amend and replace the connection fees set forth herein without any further amendment to this ordinance.
[Added 6-27-2017 by Ord. No. 18-2017]
A. 
The City of Hackensack may permit temporary discharges to the City's sanitary and/or storm sewer system under the terms and conditions set forth in this section.
B. 
A "temporary discharge" is defined as a connection between a permittee and the City's sanitary and/or storm sewer system for a period of six months or less. Approval for a temporary discharge under this section is not approval for a permanent sewer connection. A temporary discharge approval may be extended beyond six months for an additional six-month period upon application to and approval of the City Engineer.
C. 
Procedures. In order for a permittee to utilize the City's sanitary and/or storm sewer system on a temporary basis, in addition to all other requirements set forth in Chapter 141 of the Code of the City of Hackensack that the City Manager and/or City Engineer may determine to be applicable, the following specific procedures shall apply:
(1) 
The permittee will construct and disconnect, at its own cost and expense, all feeder lines as may be necessary to connect and tie such lines in with the City's sanitary and/or storm sewer system, at a location to be approved by the City Engineer or his designated representative.
(2) 
Prior to the connection of its feeder lines into the City's sanitary and/or storm sewer system, the permittee will provide a plan of the feeder lines and discharge connection to the City Engineer or his designated representative for review and approval.
(3) 
Any damage that may be done to the City's sanitary and/or storm sewer system in the course of making such connection, or in the use of the City's sanitary and/or storm sewer system, will be corrected at the cost and expense of the permittee.
(4) 
The permittee will maintain all lines constructed by it in accordance with this section. The City, through its duly designated officials and engineers, shall have the right at all reasonable times to inspect any of said system, tied into and connected with the City's sanitary and/or storm sewer system as aforesaid, for the purpose of inspection or to ascertain any difficulties with the entire system. The permittee shall bear the expense of these inspections, which shall be billed at the City Engineer's general rate. Upon execution of this agreement, the permittee shall deposit an escrow of $2,500 with the City for review and inspections as well as any other costs associated with work by the City Engineer required for the temporary connection. Additional escrow shall be deposited if deemed necessary by the City.
(5) 
The permittee will pay any and all reasonable costs associated with its project, including but not limited to all engineering and inspection fees that may be incurred by reason of the services of the City Engineer and/or his designated representative in the installation of the temporary connection in the area agreed to and connection of the same with the City's sanitary and/or storm sewer system.
(6) 
The permittee will furnish Hackensack with the name of the contractor who shall perform any work required in connection with this section and, prior to performing any such work, shall supply Hackensack with the contractor's liability insurance policy, which policy must be acceptable in form and content to Hackensack.
(7) 
The permittee's contractor shall provide at least 48 hours' prior notice to the Sewer Department and City Engineer before starting work on the sewer main and flow meters to connect to the City's sanitary and/or storm sewer system.
(8) 
The servicing of all permits and the expense thereof shall be the responsibility of the permittee.
(9) 
The permittee will obtain and install flow meters, as recommended by the City Engineer or his designated representative. The permittee will obtain and install any backflow prevention devices required and will maintain these devices throughout the time of discharging.
(10) 
The permittee shall defend, indemnify and hold harmless the City, along with its agents, servants and employees, from and against any and all lawsuits or other claims that may arise regarding the installation, operation and maintenance of the permittee's temporary connection to the City's sanitary and/or storm sewer system, including the disconnection of said connection and restoration of the pipes or site, except when such lawsuits or claims arise out of the City's acts, omissions, or breaks.
(11) 
The permittee shall provide the City with a comprehensive liability insurance policy providing coverage with respect to the work contemplated by this section with coverage limits consistent with those commonly maintained by the permittee or as otherwise agreed to by the parties, which policy must be acceptable in form and content to the City. The policy must name the City as an additional insured.
(12) 
Upon completion of the temporary discharging to the City's sanitary and/or storm sewer system, the permittee shall disconnect any feeder line installed and restore the pipes or site to the approval of the City Engineer and Sewer Department.
D. 
Application fee; connection fee; user charges.
(1) 
The application fee for a temporary connection to the City's sanitary and/or storm sewer system shall be $750.
(2) 
The connection fee for each temporary discharge point shall be $2,500.
(3) 
The user charge for a temporary discharge to the City's sanitary and/or storm sewer system shall be calculated in the following manner: First, the City's overall cost for operating its sanitary sewer system shall be determined by adding the total annual charge for the previous calendar year imposed by the Bergen County Utilities Authority (BCUA) to the City, plus the City's administrative costs for the operation and maintenance of the sanitary sewer system for the previous calendar year. That number shall be divided by the number of gallons of the City's overall sewage flow as metered by the BCUA during the previous calendar year, in order to determine a rate. That rate shall be applied, per gallon, to the metered flow used by the permittee.
(4) 
User charges shall be due and payable every 30 days until the connection point is disconnected. Any user charges not paid within 30 days of the invoice date shall accrue interest at 12% per annum.
E. 
A permittee who fails to follow any of the procedures or requirements set forth in this section, or to pay user charges within 30 days of the invoice date, may be prohibited from making further discharges to the City's sanitary and/or storm sewer system until the matter is remedied, in addition to any other remedies that the City may have according to law.
[Amended 4-15-1974 by Ord. No. 1-74]
A. 
The Engineering Department is hereby authorized to promulgate rules and regulations covering the manner and method of making sewer connections or of breaking into sewers.
B. 
No sewer shall be broken into nor shall any sewer connection be made except in complete conformity with any regulations or conditions generally or specially imposed by the Engineering Department.
C. 
No person shall discharge, directly or indirectly, stormwater, groundwater, rainwater, street drainage, roof downspouts, subsurface drainage, floor or yard drainage through any new, direct or indirect connection to the local sewer collection system, unless it has been determined through an engineering review that a reasonable alternate method of collection is not available.
[Added 8-17-1987 by Ord. No. 21-87]
D. 
All applications for a connection permit shall indicate the anticipated gallonage to be transported through the local sewerage system. Any connection that is expected to generate more sewage than 350 gallons per day (equivalent to a single-family structure) can only be approved after an engineering determination that sufficient excess capacity is available in the local sewage collection system, including the downstream interceptor sewers, to accommodate the additional flows.
[Added 8-17-1987 by Ord. No. 21-87]
E. 
The engineering reviews required in Subsections C and D above shall be performed by an engineer licensed in the State of New Jersey and reviewed for adequacy and completeness by the City Engineer. If requested by the applicant, the review can be performed by the City Engineer. All costs incurred by the city in the review of an engineering report or in the preparation of the engineering study shall be paid in full by the applicant prior to the issuance of the connection permit, if a permit is so approved. All requests for an engineering review shall be accompanied by a deposit of $250 and all requests for an engineering study shall be accompanied by a deposit of $500. These deposits shall be returned to the applicant upon payment of the engineering costs incurred by the city or, upon failure to pay these costs, shall be forfeited to the city as payment for the engineering costs.
[Added 8-17-1987 by Ord. No. 21-87]
F. 
No sewer connection permit shall be issued unless the engineering review indicates that the local sewage collection system is capable of transporting the total flow of existing sewage and the proposed additional sewage that is the subject of the requested connection permit.
[Added 8-17-1987 by Ord. No. 21-87]
No person shall lay any private sewer in or through any street or portion thereof unless he shall first have obtained a permit so to do issued by the City Manager. Such permit shall in all cases be subject to the following conditions:
A. 
Such permission creates no vested rights and shall be revocable by the City Manager at any time.
B. 
The location, plan and character of such sewer and its connections shall be approved by the City Manager, and the work shall be done under the supervision of the Superintendent of Public Works.
C. 
In case any other person may desire to connect with such private sewer, the Superintendent of Public Works may issue a permit therefor to such person upon condition that such person desiring to connect with such sewer pay to the private sewer permittee, his or its successors, heirs or assigns such sum as the City Manager may deem equitable and just or such annual rental as the City Manager may deem equitable and just.
D. 
The permittee or his or its successors, heirs or assigns shall convey said sewer and all its appurtenances to the City of Hackensack at any time upon payment of a sum to be fixed at the time of such conveyance by the City Engineer, whose valuation shall in all cases be conclusive.