Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, private
sewerage plan system or other facility intended or used for the disposal
of sewerage, except as specified in this chapter.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
the Borough and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public sanitary
sewer of the Borough, are hereby required at their expense to install
suitable toilet facilities therein and to connect such facilities
and all other soil, waste and other drainage pipe facilities directly
with the property public sewer in accordance with the provisions of
this chapter within 180 days after the date of the official notice
to do so, provided that the appropriate application for such connection
shall have been made within 120 days and further provided that the
public sewer is within 100 feet of the property line.
If, after the expiration of said 180 days from the date of official
notification, the owner of any property affected by the provisions
of this chapter has failed to make such sewer connection as required
by this article after receiving official notice requiring such action
hereinbefore provided, the Borough may levy a fine on the property
owner of not more than $100 per day per equivalent connections.
Every such sewer connection charge shall bear interest and penalties
from the same time and at the same rate as assessments for local improvements
in the Borough and from time to confirmation shall be a first and
paramount lien against the respective property or properties so connected
with the sewer to the same extent as assessments for local improvements
and shall be collected and enforced in the same manner.
No such charge for sewer connections shall be invalid by reason
of any error or omission in stating the name of the owner or owners
of properties affected by such sewer connections nor for any other
informality, where such property or real estate has actually been
improved by such sewer connection.
A.
In addition to fees, charges and costs otherwise set forth or referred
to in this chapter, there shall be imposed a one-time sewer connection
fee for each house, building, or in the case of a multiunit building
for each individual unit, residential or nonresidential, to be serviced
by any new connection to the public sewer.
B.
The purpose of such sewer connection charge is to provide for a fair
payment toward the capital cost of the public sewer system pursuant
to N.J.S.A. 40A:26A-11.
C.
The fee for each residential unit shall be in the amount set forth in Chapter 220, Fees, of the Code of the Borough of Hawthorne. The fee for all other users shall be determined by calculating the average daily flow for such use in accordance with the regulations of the New Jersey Department of Environmental Protection and dividing such number by an average daily flow of 222 gallons, which shall be deemed the average daily flow from a residential unit. The figure so derived shall be deemed the number of service units or part thereof attributed to the use. The fee for each service unit or part thereof shall be the connection fee set forth in Chapter 220, Fees, for residential connections, as may be amended from time to time. In no event shall any use be deemed to have less than one service unit such that the fee attributable to residential units shall be deemed the minimum fee for any other user.
D.
The fee shall be paid in full to the Borough prior to the issuance
of a construction permit issued in accordance with the Uniform Construction
Code. In the event a connection is made without prior payment thereof
for any reason, the sewer connection fee shall constitute a first
lien upon the benefited property and shall bear interest as set forth
in N.J.S.A. 40A:26A-12 and as otherwise provided by law. This shall
be in addition to any violations, penalties or other remedies otherwise
provided for.
A.
The Municipal Council, on recommendation of the Administration, by
resolution duly adopted, after public hearing, within 10 days' written
notice to the owners within 100 feet of the owner applicants property,
may waive the provisions of this article requiring connection with
the sanitary sewer system of the Borough upon the following grounds:
B.
Said waiver shall be for a period to be determined by the Mayor and
Council, such period not to exceed three years, and such waiver shall
be applicable to the owner applicant only and shall be recorded in
the tax records of the Borough.
