[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 8-27-2001 by Ord. No. 38-01 (Ch. 136 of the 1972 Code). Amendments noted where applicable.]
Sewer connection. The owner of every house, building or structure now existing or hereafter constructed, assembled or moved onto any lot or lots in the Township of Jackson intended for residential or commercial use or professional occupancy and located on any street along the line of any public sewer system now or hereafter constructed, where the property line of such premises having the house, building or structure is located not more than 100 feet from the line of such public sewer system, shall connect such house, building or structure with the public sewer system within 180 days after notice that such sewer system is available to said premises, except as provided in Subsection E of this section. Connection to the Jackson Township MUA sewer system shall be made pursuant to the rules and regulations of the Jackson Township MUA and shall be at the property owner's expense.
Meters. In the event that any property subject to Subsection A above is not serviced by the public water supply system, the property owner shall install meters on each private well on the property as may be required by the rules and regulations of the Jackson Township MUA. All meters, if required, shall be installed prior to or at the time of connection to the public sewer system.
On lots where there are multiple structures, each such structure containing water or sewer drains or facilities shall be separately connected to the sewer system with its own service line.
Every building permit issued for the construction of any new building adjoining any public street in the Township of Jackson in which a public sewer line is available at the time of application for said building permit shall be conditioned upon connection to the public sewer system, regardless of the distance between the proposed building and the public sewer line. No certificate of occupancy shall be issued until said connection has been completed in compliance with the rules and regulations of the Jackson Township Municipal Utilities Authority.
Single-family residential properties (including home-based businesses) served by properly functioning septic systems shall be exempt from the mandatory connection requirements set forth in this section upon execution of an acknowledgment and release form by those individuals and/or entities as set forth in Resolution 2001-128 of the Jackson Township MUA.
Any and all exemptions granted hereunder shall terminate immediately upon the failure of the property owner's private septic system.
Nothing herein stated shall be construed to allow or permit owners of properties currently or hereafter connected to the public sewer system to disconnect therefrom, nor will anything herein be construed to allow new homes to be constructed with private septic systems when public sewer facilities are available.
Nothing herein stated shall be construed to exempt premises located within a subdivision wherein new homes are constructed adjacent to dry lines from the obligation to connect to public sewer facilities as and when said dry lines are connected to public sewer facilities and become available for use as determined by the Jackson Township MUA. Developers installing dry lines at the direction of the Jackson Township MUA shall provide notice to home purchasers of their requirement to connect to the public sewer system upon availability of service by express language set forth in all contracts of sale as well as by deed recitals.
After 180 days from service of notice that such public sewer is available, the operation and maintenance of any private sewage disposal system is declared to be a health hazard and a nuisance, except for those exempt properties as set forth in § 336-1E.
Any and all connections with the public sewer system shall be made by a qualified, licensed plumber in full compliance with the rules and regulations of the Jackson Township MUA and all relevant local, county, state and federal requirements. The appropriate connection fees shall be paid for each connection pursuant to the Jackson Township MUA rules and regulations.
It shall be unlawful for any person not authorized by the Jackson Township MUA to tamper with, alter or injure any part of the public sewer system. Anyone violating this provision shall be subject to the penalties set forth in § 336-9 and any other penalties permitted by law.
Charges for sewer service, or any connection to the public sewer system, shall be a lien upon the premises as provided for by N.J.S.A. 40:14B-42 and 40:14B-45.
Owners of properties containing preexisting residential dwellings, residential apartments and/or tax-exempt buildings or structures with properly functioning private septic systems shall be entitled to pay sewer connection fees imposed by the Jackson Township MUA in 12 equal quarterly installments. Nevertheless, in the event that title to any subject premises is transferred or conveyed prior to payment of the total amount of connection fees, the outstanding balance thereof shall be accelerated and made immediately due and payable at the time of such transfer or conveyance of title.
Upon a determination that the public sewer system is available to serve any house, buildings and structures on any property in the Township, each owner of property shall be directed by the Jackson Township MUA to connect each house, building, and structure on said property with the public sewer in accordance with the terms of this chapter and the rules and regulations of the Jackson Township MUA, except as set forth in § 336-1E.
Notice to the owners of properties which are subject to the provisions of this chapter shall be served by the Jackson Township MUA. All notices shall be addressed to the owners of said property as the names of said owners appear in the last tax duplicate of the Township of Jackson. The notices shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Jackson, and by the street address, if a street address exists, and shall state that by the directive of the Jackson Township MUA the owner is required to connect each house, building and structure on said property with the public sewer system in accordance with the terms of this chapter and the rules and regulations of the Jackson Township MUA within 180 days of service of such notice as hereinafter provided. Said notices shall also describe the penalties which may be imposed hereunder for failure to comply with the notice and directive in accordance with the terms of this chapter. Said notices may be served within or without the limits of the Township of Jackson by mailing the same by certified mail to the last known address of said owner as the same appears on the last tax duplicate of the Township of Jackson.
Any owner of property who fails to connect any house, building or structure as described in § 336-1 of this chapter to such public sewer system within the prescribed time period, after service of notice by the Jackson Township MUA pursuant to this chapter, or otherwise violates the provisions set forth in this chapter, shall be subject to a penalty not to exceed $500 or imprisonment for a term not to exceed 90 days, or both, except for those properties exempt by the provisions of § 336-1E. The imposition of such penalties shall be in addition to any other legal remedies which may be provided by law or by the terms of this chapter. Each day after the expiration of 180 days for which an owner fails to comply with the provisions of this chapter shall constitute a separate offense thereof.
If any owner of any property in the Township of Jackson fails to make any connection or installation required by this chapter within the time and/or manner herein prescribed, the Jackson Township MUA may proceed to make such connection or installation and cause same to be made and, in addition to any penalties as provided herein, charge and assess the cost thereof against such property.
The Jackson Township MUA shall be and hereby is afforded full authority and responsibility to enforce the provisions of this chapter, including, without limitation, the authority to file complaints, seek injunctive relief and prosecute violators in any and all forums having competent jurisdiction. To the extent a court of competent jurisdiction determines that such grant of authority and responsibility exceeds permissible limits, the Township will assume such authority and responsibility to the extent necessary.
Each septic tank, cesspool and/or seepage pit on a property connected to the public sewer system shall be deemed abandoned. Any abandoned septic tanks, cesspools and seepage pits used for the treatment of sewage shall be closed in accordance with the state and local provisions then in effect. The property owner shall apply to the Township Plumbing Inspector or his designee prior to deactivating the septic system and shall comply with all the requirements of that representative regarding inspection of this work being undertaken. The employees or agents of the Jackson Township MUA shall have the right to enter upon any premises connected to the public sewer system to examine any septic disposal system for the purpose of enforcing compliance with this provision.
This chapter and the provisions herein shall replace and supersede any and all prior enactments with respect to the matters addressed herein.