[Adopted 2-10-1982 by Ord. No. 82-01R;
amended in its entirety 8-8-2006 by Ord. No. 06-17R]
The purpose of this Article III is to impose an annual user charge, as hereinafter defined, on all domestic, commercial, industrial, institutional and governmental users of the sewer system of the Borough of Fanwood and related treatment works, except for residential users.
As used in this article, the following terms
shall have the meanings indicated:
2013 and every three years, i.e., 2016, 2019, etc.
[Added 9-16-2014 by Ord. No. 14-14R[1]]
The Borough of Fanwood.
Property utilized for single-family and multifamily use,
but does not include property which is utilized for any other purpose
such as a home occupation.
[Amended 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of single-family and multifamily
residential units, including apartments and group homes, excluding
assisted-living and nursing home establishments and residential units
also utilized for any other purpose such as a home occupation.
[Amended 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class B users, including where a home
occupation(s) is (are) operated on the property. Class B property
does not include that portion of Class B property which is properly
occupied by Class A users.
[Amended 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge less than 50,000
gallons of sewerage a year.
[Added 6-6-2016 by Ord.
No. 16-05R[2]]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge between 50,000
and 100,000 gallons of sewerage a year.
[Added 6-6-2016 by Ord.
No. 16-05R]
Property utilized by Class C users, including where a home
occupation(s) is (are) operated on the property. Class C property
does not include that portion of Class C property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 100,000 gallons
or more but less than 200,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class D users, including where a home
occupation(s) is (are) operated on the property. Class D property
does not include that portion of Class D property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 200,000 gallons
or more but less than 300,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class E users, including where a home
occupation(s) is (are) operated on the property. Class E property
does not include that portion of Class E property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 300,000 gallons
or more but less than 400,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class F users, including where a home
occupation(s) is (are) operated on the property. Class F property
does not include that portion of Class F property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 400,000 gallons
or more but less than 500,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class G users, including where a home
occupation(s) is (are) operated on the property. Class G property
does not include that portion of Class G property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 500,000 gallons
or more but less than 1,000,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class H users, including where a home
occupation(s) is (are) operated on the property. Class H property
does not include that portion of Class H property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 1,000,000 gallons
or more but less than 2,000,000 gallons of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
Property utilized by Class I users, including where a home
occupation(s) is (are) operated on the property. Class I property
does not include that portion of Class I property which is properly
occupied by Class A users.
[Added 5-7-2013 by Ord. No. 13-06R]
The owners and/or occupants of business, commercial, industrial,
institutional and governmental uses that discharge 2,000,000 gallons
or more of sewerage a year.
[Added 5-7-2013 by Ord. No. 13-06R]
A decrease of 20% or more in the average water usage between
the prior base year and the new base year.
[Added 9-16-2014 by Ord. No. 14-14R[3]]
The trunk lines and other sewer facilities located in the
Borough and all facilities utilized by the Borough of Fanwood for
the treatment of waste, including but not limited to any facilities
of the Plainfield Area Regional Sewerage Authority and the Middlesex
County Utilities Authority utilized to transport and/or treat the
waste generated from the Borough.
The charge levied upon each Class B through Class I user
of the treatment works of the Borough for the annual cost of treatment
of sewage and other wastewater, as well as the operation and maintenance,
including replacement, of trunk lines and other aspects of the treatment
works.
[Amended 5-7-2013 by Ord. No. 13-06R]
Wastewater generated by each Class B through Class I user.
[Amended 5-7-2013 by Ord. No. 13-06R]
[1]
Editor's Note: This ordinance provided that it shall take
effect on January 1, 2015.
[2]
Editor's Note: This ordinance also provided for the repeal
of the definition of "Class B users," amended 5-7-2013 by Ord. No.
13-06R.
[3]
Editor's Note: This ordinance provided that it shall take
effect on January 1, 2015.
[Amended 10-10-2006 by Ord. No. 06-21R; 5-7-2013 by Ord. No. 13-06R]
A.
All Class
B users shall be charged at a uniform annual rate for waste contributed
to said system. The rate for the aforesaid usage shall be based upon
the water consumption in gallons consumed at any such premises based
upon the base year as defined herein. To the extent possible, the
Borough shall utilize the records of the applicable water company
servicing each Class B property. The annual rate shall be set by the
Mayor and Council of the Borough every three years by resolution utilizing
the most recent base year. The unit basis for such charge shall consist
of 1,000 gallons of water consumed.
[Amended 9-16-2014 by Ord. No. 14-14R[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect on January 1, 2015.
B.
The annual charge to be imposed by the Mayor and Council pursuant to resolution as set forth in § 242-10A above shall not be less than the following: Class B user: $200; Class C user: $500; Class D user: $750; Class E user: $1,000; Class F user: $1,250; Class G user: $2,500; Class H user: $5,000; Class I user: $7,500.
C.
If a user
believes its water usage has had a material change from the last base
year utilized, such user can appeal by submitting copies of actual
water bills to the Borough Tax Collector; and if there is a determination
of a material change, the Borough will recalculate such charges subsequent
to the request. As it relates to new businesses, the Borough will
determine the sewer charge based on the best information available
at the time utilizing estimated water usage bills and the like.
[Added 9-16-2014 by Ord. No. 14-14R[2]]
[2]
Editor's Note: This ordinance provided that it shall take
effect on January 1, 2015.
[Amended 5-7-2013 by Ord.
No. 13-06R[1]]
The Borough reserves the right where a private
well of water supply is involved on a Class B through Class I property,
if in the Borough’s opinion, the owner should be required to
install facilities, at the owner’s expense, for measuring or
determining the volume of waste discharged into the treatment works
based upon the water consumption in gallons consumed at any such premises
for the 12 months of the preceding year. The volume thus metered or
measured shall be the basis for user charges.
Specifically exempt from the user charges, in
addition to Class A properties, are the following: Borough-owned properties;
rescue squad building; libraries; group homes; and schools.
A.
All user charges established and provided for herein
shall be assessed against each Class B through Class I user from which
said waste emanates on an annual basis. The user charges shall be
collected annually by the Borough of Fanwood at a time to be determined
by resolution of the Mayor and Council as real estate taxes are collected
therein.
[Amended 5-7-2013 by Ord.
No. 13-06R]
B.
User charges shall draw the same interest from the
time they become due, as taxes upon real estate in the municipality,
and shall be a lien upon the premises until paid, and the municipality
shall have the same remedies for the collection thereof, with interest,
costs and penalties, as it has by law for the collection of taxes
upon real estate.
[Amended 5-7-2013 by Ord.
No. 13-06R; 9-16-2014 by Ord. No. 14-14R[1]]
The bill for user charges shall be forwarded
by the Tax Collector to each Class B through Class I property owner,
or other party designated in writing by the property owner, and shall
be mailed at least 25 days in advance of the due date. The annual
user charge payment shall be due on August 1 of each year and shall
be paid without interest or penalty if paid in a timely manner.
[1]
Editor's Note: This ordinance provided that it shall take
effect on January 1, 2015.
In the event that the use of a property changes
to such an extent that it affects the waste volume, the Tax Collector
shall revise the user charges levied in accordance with the new use.
[Amended 5-7-2013 by Ord.
No. 13-06R]
Any Class B through Class I owner that discharges
into the treatment works toxic pollutants which cause an increase
in the cost of treating the waste shall be required to pay for such
increased cost.
[Amended 5-7-2013 by Ord.
No. 13-06R]
Any Class B through Class I property owner may
request a review of the user charge levied against the Class B through
Class I property which the Class B through Class I property owner
owns. Such request shall be submitted in writing, accompanied by the
annual water bills showing the amount of consumption for the latest
full annual period. The Tax Collector shall notify the property owner
of the Collector’s findings and determination.
[Amended 5-7-2013 by Ord.
No. 13-06R]
A.
For each and every violation of any provision of this
chapter, the Class B through Class I property owner or any other persons
who commit, take part or assist in any violation of this chapter,
and/or who maintain any building or premises in which any violation
of this chapter shall exist, shall for each and every violation be
liable for a fine not to exceed $2,000 and imprisonment for not more
than 90 days, or both, for each separate violation thereof.
B.
No person shall tamper with or otherwise adjust a
water meter or sewage meter or any other meter and/or measurement
of strength of sewage or give any false information concerning same.
Any Class B through Class I property owner and/or representative or
designee who violates this section shall be liable for a fine not
to exceed $2,000 and imprisonment for not more than 90 days, or both,
for each separate violation thereof.
C.
Each and every day that such violation continues shall
be considered a separate and specific violation of this chapter.
