[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immediately followed this subsection, was repealed 1-21-1992 by Ord.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.
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 engineering reviews required in Subsections C and D above can be performed by the City Engineer. In such instance, the City Engineer may appoint a professional engineering firm contracted by the City to perform the reviews under his or her oversight. All costs incurred by the City in the review of an engineering report or in the preparation of the engineering study shall be the responsibility of the applicant and paid in full by the applicant regardless of whether or not the connection permit is ultimately approved. The City Engineer is authorized to determine the amount of the deposit required for the engineering review or engineering study, which shall reasonably estimate the cost of performing the review or study, and to require the deposit of additional funds if the cost thereafter exceeds the deposit received. Any excess funds deposited shall be returned to the applicant within 60 days upon approval or denial of the connection permit, or if the applicant withdraws the application. No connection permit shall be issued to an applicant who has not paid the full cost of an engineering review or study commissioned pursuant to this section and the City further reserves the right to recoup any unpaid balance for services rendered pursuant to this section using any lawful means.
[Added 8-17-1987 by Ord. No. 21-87;
amended 9-5-2023 by Ord. No. 37-2023]
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.
