Editor's Note: Chapter 12, Sewer and Water, has been amended in its entirety by Ordinance No. 89-643. Prior ordinances contained herein were Ordinance Nos. 245 and 88-582.
[Ord. #89-643, S 1]
This chapter shall be known and may be cited as the "Sewer Rate
and Regulation Ordinance of the Township of Montgomery."
[Ord. #89-643, S 1]
This chapter encompasses the establishment of rates for the
use of sewer systems in the Township and provides rules and regulations
relative to construction of, connection with and use of the systems.
Unless otherwise stated, the rules and regulations relative to construction
of, connection with and use of sewer systems shall apply with equal
force to the construction of, connection with and use of municipal
sewer systems, publicly owned treatment works, private sewer systems
and privately owned treatment works.
[Ord. #89-643, S 1; Ord. #07-1254, S 1]
As used in this chapter:
Shall mean the individual official, board, department or
agency established and authorized by the State, County, Township or
other political subdivision created by law to administer and enforce
the provisions of this chapter as adopted and amended from time to
time.
Shall mean the amount of capacity in a municipal sewer system reserved by or allocated to a property pursuant to section 12-7 of this chapter or any previous policies or procedures of the Township governing reservation or allocation of capacity.
Shall mean accepted or acceptable under an applicable standard
stated or cited in this chapter, or accepted as suitable for the proposed
use and under procedures and powers of the Administrative Authority.
Shall mean any person employed by the Township or its board
and bodies who is specifically authorized to inspect the construction
of building sewers and the connection of building sewers to collection
sewers and/or to enforce any of the other provisions of this chapter.
Shall mean the discharge of a pollutant measured during a
calendar day or any twenty-four-hour period that reasonably represents
the calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the daily discharge is calculated as the
total mass of the pollutant discharged over the day. For pollutants
with limitations expressed in other units of measurement, the daily
discharge is calculated as the average measurement of the pollutant
over the day.
Shall mean the quantity of oxygen, expressed in milligrams
per liter (mg/l) utilized in the biochemical oxidation of organic
matter, under standard laboratory, procedure for five days at 20°
C. The standard laboratory procedure shall be equivalent to that in
Standard Methods.
Shall mean a structure having walls and a roof designed and
used for housing, shelter, employment, enclosure, support of or use
by persons, animals or property.
Shall mean that part of the lowest piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer
beginning three feet outside the building wall.
Shall mean that part of the drainage system which extends
from the end of the building drain and conveys its discharge to a
sewer, individual sewage disposal system or other point of disposal.
Shall mean that portion of a drainage system which does not
drain by gravity into the building sewer or building drain.
Shall mean to determine the capacity or the gradation of
volume of sewage flowing from a sewer system.
Shall mean the contribution established by section 12-7 of this chapter.
As used in section 12-7 of this chapter, shall mean an improvement to an STP that results in an upgrade of the treatment process(es).
As used in Section 12-10 regarding the calculation of sewer service charges and the use of water consumption therefor, shall mean 100 cubic feet.
Shall mean the Township employee who oversees operation and
maintenance of the municipal sewer system.
Shall mean the amount of chlorine, in milligrams per liter
by weight, which must be added to sewage to produce a specific residual
chlorine content, or to meet the requirements of some other objective,
in accordance with procedures set forth in "Standard Methods."
Shall mean these regulations, subsequent amendments thereto,
or any emergency rule or regulation which the Administrative Authority,
authorized agent, Chief Sewer Plan Operator or Township Engineer may
lawfully implement.
Shall mean the Township's collection sanitary sewers located
under highways, roads, streets, sanitary sewer easements, and rights-of-way
with branch service laterals that collect and convey sanitary sewage
or industrial wastes or a combination of both, and into which storm,
surface and groundwaters or unpolluted industrial waters or liquids
are not intentionally admitted.
Shall mean a sewer shared by or available to more than one
property.
Shall mean the New Jersey Department of Community Affairs
or any successor agency.
Shall mean the releasing, spilling, leaking, pumping, pouring,
emitting, emptying or dumping of a pollutant into the sewer system.
Shall mean the waterborne wastes derived from ordinary living
processes.
Shall mean a room or group of rooms forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating; and whose sewer connections and water
supply is within its own premises, separate from and completely independent
of any other dwelling unit.
Shall mean the right of the Township to use lands of another
for purposes of maintenance and operation of, or conveyance of sewage
in or to the municipal sewer system.
Shall mean, with reference to any source of discharge of
any pollutant:
Information necessary to determine the identity, amount, frequency,
concentration, temperature, or other characteristics (to the extent
related to water quality) of any pollutant resulting from any discharge
from the source, or any combination of the foregoing;
Information necessary to determine the identity, amount, frequency,
concentration, temperature or other characteristics (to the extent
related to water quality) of pollutants which under an applicable
standard or limitation, the source was authorized to discharge (including,
to the extent necessary for such purpose, a description of the manner
or rate of operation of the source);
A general description of the location and/or nature of the source
to the extent necessary to identify the source and to distinguish
it from other sources (including to the extent necessary for such
purposes, a description of the device, installation, or operation
constituting the source); and
Notwithstanding the above, the following information shall be
considered to be "effluent data" only to the extent necessary to allow
the Township to disclose publicly that the source is (or is not) in
compliance with an applicable standard or limitation, or to allow
the Township to demonstrate the feasibility, practicability, or attainability
(or lack thereof) of any existing or proposed standard or limitation:
Information concerning research, or the results of research,
on any product, method, device, or installation (or any component
thereof) which was produced, developed, installed, and used only for
research purposes, and
Information, concerning any product, method, device, or installation
(or any component thereof) designated and intended to be marketed
or used.
Shall mean any restriction on quantities, quality, discharge
rates, concentration of chemical, physical, thermal, biological or
other constituents of a pollutant.
Shall mean the Township Engineer or his duly authorized deputy,
agent, or representative.
Shall mean the quantities of infiltration/inflow which can
be economically eliminated from a sewer system as determined in a
cost effectiveness analysis that compares the costs for correcting
the infiltration/inflow conditions to the total costs for transportation
and treatment of the infiltration/inflow.
Shall mean oil, fat or grease in a physical state such that
it will separate by gravity from wastewater by treatment in an approved
pre-treatment facility such as an interceptor. A wastewater shall
be considered free of floatable oil if it is properly pre-treated
and the wastewater does not interfere with the collection system.
Shall mean the volume per time unit given to the flow of
wastewater.
Shall mean gallons per day.
Shall mean solid waste resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of food
products and produce.
Shall mean subsurface water occupying the zone of saturation.
Shall mean any property within a sewered area upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Shall mean non-domestic pollutants including but not limited
to those pollutants regulated under the Clean Water Act of 1977, P.O.
95-217.33, and any amendments thereto.
Shall mean any solid, liquid or gaseous substance discharged,
permitted to flow or escape in the course of any industrial, manufacturing,
trade, commercial or business process or in the course of the development,
recovery or processing of natural resources, as distinct from sanitary
sewage.
Shall mean water or other wastewater that enters a sewer
system (including sewer service connections and foundation drains)
from the ground through such means as defective pipes, pipe joints,
connections or manholes. Infiltration does not include, and is distinguished
from, inflow.
Shall mean the New Jersey Department of Environmental Protection
or any successor agency.
Shall mean any person vested with ownership, legal or equitable,
sole or partial, of any property located in the sewered area.
Shall mean a natural person, his heirs, executors, administrators
or assigns and also includes a firm, partnership or a corporation,
its successors or assigns. Singular includes plural; male includes
female.
Shall mean the logarithm (base 10) of the reciprocal of the
weight of hydrogens ions, expressed in grams per liter of solution,
and indicating the degree of acidity and alkalinity of a substance.
Shall mean any dredged spoil, solid waste, incinerator residue,
sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical
waste, biological materials, radioactive substance, thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal or agricultural waste or other residue discharged or entering
into the waters of the State.
Shall mean any limitation on quantities, quality, rates and/or
concentrations of pollutants discharged into municipal or privately
owned treatment works adopted pursuant to "Pretreatment Standards
for Sewerage" N.J.S.A. 58:11-49 et seq., the New Jersey Water Pollution
Control Act, N.J.S.A. 58:10A-1 et seq. or any applicable Federal,
State or local regulations.
Shall mean a system for disposal of domestic sewage by means
of a septic tank or mechanical treatment, designed for use apart from
a sewer to serve a single establishment or building.
Shall mean any sewer system other than the municipal sewer
system. The fact that the Township may be a co-permittee on any component
of the private sewer system, as required by the New Jersey Department
of Environmental Protection, shall not result in a private sewer system
being classified as a municipal sewer system under this chapter.
Shall mean any device or system which is used to treat wastes
from any facility whose operator is not the operator of the treatment
works and not a publicly owned treatment works. The fact that the
Township may be a co-permittee, as required by the New Jersey Department
of Environmental Protection, shall not result in a privately owned
treatment works being classified as a publicly owned treatment works.
Shall mean the waste(s) described in section 12-6 of this chapter.
Shall mean a common sewer directly controlled by public authority.
Shall mean any device or system used in the treatment (including
recycling and reclamation) of municipal sewage or industrial wastes
of a liquid nature which is operated or owned by the Township or State.
The definition includes sewers, pipes or other conveyances only if
they convey wastewater to a publicly owned treatment works providing
treatment.
Shall mean polyvinyl chloride.
Shall mean accumulated solids and liquids which are by-products
of a physical, chemical, biological, thermal or mechanical process
or partial process. Residuals include, as a minimum, sludge and septage.
Shall mean normal water-carried, house-hold and toilet waste
from improved property.
Shall mean a sewer that conveys sewage or industrial wastes
or a combination of both and into which storm, surface and ground
water or unpolluted industrial wastes are not intentionally admitted.
Shall mean the combination of liquid and solid residues resulting
from a treatment of waterborne domestic waste in subsurface disposal
systems.
Shall mean that part of the sewer system from the collection
sewer to the curbline or to a point one foot beyond the edge of the
paved roadway if there is no curbline. The collection sewer may not
be located in a public road or road right-of-way.
Shall mean any liquid waste containing animal or vegetable
matter in suspension or solution, and may include liquids containing
chemicals in solution.
Shall mean any pipe or conduit constituting a part of a sewer
system used or usable for sewer collection purposes and to which ground,
surface and storm water is not intentionally admitted.
Shall mean a committee comprised of the Mayor, one member
of the Township Committee, and the Chairmen of the Planning Board,
Board of Health and Environmental Commission that may provide advice
to the Township Committee on matters pertaining to this chapter.
Shall mean the areas in the Township established by the Wastewater
Management Plan eligible for sewer service.
Shall mean the charges established by section 12-10 of this chapter.
Shall mean all facilities, as of any particular time for
collecting, pumping, treating and disposing of sanitary sewage and
industrial waste, situated in the sewered area.
Shall mean the system of sewers and appurtenances for the
collection, transportation and pumping of sewage and industrial wastes.
Shall mean those portions of the Township in which there
is or shall be constructed a sewer system in accordance with plans
approved by the Township, and as from time to time constructed and
extended.
Mean mandatory and permissive, respectively.
Shall mean any discharge of water, sewage or industrial waste
which, in concentrations of any given constituent or in quantity of
flow exceeds for any period of more than 15 minutes duration, more
than five times its average hourly concentration of flow.
Shall mean wastes which require special treatment before
entry into the normal plumbing or sewer system.
Shall mean the examination of analytical procedures set forth
in the most recent edition of "Standard Methods for the Examination
of Water, Sewage and Industrial Waste" published jointly by the American
Public Health Association, the American Waterworks Association and
the Water Pollution Control Federation.
Shall mean a sewer used for conveying rainwater, service
water, condensate, cooling water or similar liquids.
Shall mean sewage treatment plant.
Shall mean any public or private street, highway, road, lane,
court, alley or public square.
Shall mean a charge in addition to the normal sewer service
charge which is levied on those persons whose wastes are greater in
strength than the concentration value established as representative
of normal sewage, or who generate a greater volume of waste than their
allocated capacity.
Shall mean solids that either float on the surface or are
in suspension in water, sewage or other liquids, and which are removable
by laboratory filtration. The standard laboratory procedure shall
be equivalent to that in the latest edition of Standard Methods.
Shall mean the Township of Montgomery in the County of Somerset
and State of New Jersey.
Shall mean the governing body of the Township.
Shall mean those substances, or combination of substances,
which after discharge and upon exposure, ingestion or inhalation or
assimilation into any organism, either directly from the environment
or indirectly through food chains, will, on the basis of information
available to the Township, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions, including malfunctions
in reproduction, or physical deformations, in such organisms or their
offspring.
Shall mean any device or systems, whether public or private,
used in the storage, treatment, recycling or reclamation of sanitary
sewage or industrial waste of a liquid nature including intercepting
sewers, outfall sewers, sewage collection systems, cooling towers
and ponds, pumping power and other equipment and their appurtenances;
extensions, improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply such as standard
treatment units and clear well facilities; and any other works including
sites for the treatment process or for ultimate disposal of residues
resulting from such treatment. Additionally, "treatment works" means
any other method or system for preventing, abating, reducing, storing,
treating, separating, or disposing of pollutants, including stormwater
runoff, or industrial waste in combined or separate storm sewer and
sanitary sewer systems.
As used in Section 12-10 regarding sewer service charges, shall mean a single-family dwelling, an individual dwelling within a multi-family residential building such as a townhouse or condominium, an individual apartment within an apartment building, an individual retail store, a restaurant, a service station, a school, a house of worship, a fire station, a health care facility, a fitness center, an automobile dealership, an individual business within an office building or complex, or any other individual nonresidential use. If an individual use occupies multiple buildings, for the purpose of establishing that individual use's sewer service charge, each building connected to the sewer system shall constitute a unit. If an individual building contains multiple uses, each use shall constitute a unit.
Shall mean the plan adopted by the Township pursuant to the
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq. and N.J.A.C.
7:15 et seq.
[Ord. 89-643, S 1]
It shall be unlawful for any person to uncover, connect with, make any opening into or use, alter or disturb, in any manner whatsoever, any sewer or sewer system without first obtaining a written permit from the Township and making payment of the fee therefor as required in section 12-9. All applications for such permits shall be made upon forms furnished by the Township and available at the office of the Township Engineer and/or Plumbing Subcode Official. Such permits shall only be issued to owners duly authorized to connect to a sewer in compliance with the provisions of this chapter and any other applicable Federal, State or Township policies, rules and regulations.
[Ord. #89-643, S 1; Ord. #14-1461 S 3]
A separate and independent building sewer shall be provided
for every building and every expansion of a building except in the
case of townhouses, condominiums, commercial shopping centers and
buildings having mixed uses where, as follows, more than (1) building
sewer may be required. In the case of townhouses or condominiums,
a separate and independent building sewer shall be provided for each
townhouse or condominium unit, and every expansion thereof, within
the building. In the case of commercial shopping centers, each establishment
within the shopping center and every expansion of the establishment
shall be provided with a separate and independent building sewer.
In the case of a building having mixed uses, each nonresidential use
in the building and any expansion of such establishment shall have
a separate and independent building sewer; however, any residential
uses therein may share a building sewer provided said building sewer
does not serve any nonresidential uses, and that any expansion of
said residential uses shall have a separate and independent building
sewer.
[Ord. #89-643, S 1]
All costs and expenses of construction of a building sewer and
costs and expenses of connection of a building sewer to a collection
sewer or service lateral shall be assumed by the owner of the improved
property to be so connected. All cost and expenses of any necessary
repairs to a building sewer shall be the responsibility of the owner.
Each such owner shall indemnify and save harmless the Township from
any and all loss or damage that may be occasioned, directly or indirectly,
as a result of construction of repair of a building sewer or of connection
of a building sewer to a service lateral.
[Ord. #89-643, S 1]
Any permits required by this chapter shall be displayed prominently
upon the property to be connected to a sewer at all times during construction
of the building sewer and connection thereof to a service lateral.
[Ord. #89-643, S 1]
A building sewer shall be connected to the sewer system at the
terminal point of the service lateral or to a point as designated
by the Township Engineer or his authorized agent. No person shall
make a connection directly to or tamper with a service lateral in
any manner whatsoever except under the direction of and subject to
inspection by the Township Plumbing Subcode Official or his authorized
agent. All work of making connection to the sewer system shall be
done under the direct supervision of a licensed plumber and shall
conform to the following requirement:
a.
All joints shall be sealed and airtight and shall be so constructed
as to be smooth and clean within the sewer line.
b.
All sewers shall be so constructed as to be improper alignment and
of proper grade in order to provide free flow of sewage matter without
any obstructions.
c.
All construction shall be made in accordance with Township specifications
for sanitary sewers.
d.
All work pertaining to the connection with the sewer system shall
be, financially and otherwise, the responsibility of the owner of
property with which connection is made and subject to Township supervision
s provided herein.
[Ord. #89-643, S 1]
A service lateral shall be connected to a collection sewer with an approved saddle-type fitting properly installed and encased in an eight inch envelope of concrete extending completely around the barrel of the collection sewer pipe. All service laterals installed or repaired after initial construction shall be at the owner's sole cost and expense. All work relative to service laterals shall be done under the supervision of the Township Engineer or his authorized agent and shall conform to the requirements of subsection 12-3.5a through d. Service laterals and building sewers for the same connection shall be of the same size and material throughout and shall in no case be less than four inches in diameter. Connections to service laterals, if of the same pipe size, shall be made by properly joining to the bell end of the service lateral provided. If four inch cast iron pipe is used, the connection shall be made with a standard adapting fitting of cast iron. The same provisions apply to the connection of a house drain to a building sewer pipe. Projecting a smaller pipe into a large one and sealing the connection is not permitted. Any necessary repairs to a service lateral shall be completed by the Township and its agents; however, if the need for repair was occasioned by the neglect of misuse of the sewer by an owner, his tenants or invitees, the cost of the repairs shall be the responsibility of the owner.
[Ord. 89-643, S 1]
Following abandonment of a septic tanks, cesspool, seepage pit
or other underground tank, said facility shall be emptied and filled
in accordance with applicable standards of the Township Board of Health.
[Ord. #89-643, S 1]
The size, slope, alignment, materials of construction of a building
sewer, the methods to be used in excavation, placement of pipe jointing,
testing and backfilling the trench, and the connection of the building
sewer to the public sewer shall conform to all of the requirements
of the Uniform Construction Code, the Plumbing Subcode of the State
of New Jersey, this chapter and any and all other applicable rules
and regulations of the Township. In the event of any inconsistency
in provisions of this section and the Plumbing Subcode, the Plumbing
Subcode shall control.
[Ord. #89-643, S 1]
All service laterals and building sewers shall be constructed
of pipe materials permitted in accordance with the provisions of the
Plumbing Subcode of the State of New Jersey; and jointing materials
for the various types of pipe shall also conform to the Plumbing Subcode.
[Ord. #89-643, S 1]
Building sewer support shall be provided as specified in the
Plumbing Subcode of the State of New Jersey.
[Ord. #89-643, S 1]
Where an improved property, at the time of securing a permit
to connect to a sewer, shall be served by a private sewage disposal
system, the existing building sewer line shall be disconnected on
the structure side of such private sewage disposal system and attachment
shall be made, with proper fittings, to continue such building sewer
line, undiminished in inside diameter but not less than four inches,
to the service lateral.
[Ord. #89-643, S 1]
Fittings in a building sewer shall conform to the type of pipe
used in construction.
[Ord. #89-643, S 1]
Horizontal changes in direction in a building sewer must be
made by use of "Y" branches or of 1/8 or 1/16 bends. Caulking of lead
joints or alignment of self-sealing joints to angles of less than
one over one bend equivalent only shall be permitted.
The building sewer shall be laid as nearly as possible in a
straight line.
[Ord. #89-643, S 1]
Fittings or connections in a building sewer which have an enlargement,
chamber or recess with a ledge, shoulder, or reduction of pipe area
that tend to obstruct the flow of sewage shall not be permitted.
[Ord. #89-643, S 1]
Leaded joints in cast iron soil pipe in a building sewer shall
be packed with oakum in the bell and spigot terminations and thereafter
shall be filled with molten lead to a depth of at least one inch and
shall not be depressed more than 1/8 inch below the rim of the hub.
The lead must then be caulked in place. No paint, varnish or other
coating shall be permitted on the jointing material until after the
building sewer has been tested and approved as provided herein.
[Ord. #89-643, S 1]
Floor drains shall be connected to a building drain only with
the approval of the proper administrative authority.
[Ord. #89-643, S 1]
A cleanout shall be provided inside a building in order to service
a building sewer. In the event it is physically impossible to locate
a cleanout within the interior of a building, said cleanout may be
located immediately adjacent to the outside building wall with the
riser brought to the level of ground surface. Cleanouts shall be provided
on each building sewer and at intervals to permit complete servicing
with a fifty-foot long auger or tape. Cleanouts shall be constructed
by using a "Y" fitting in the run of pipe with a 45° bend and
riser to the ground surface. The riser pipe must be fitted with a
standard four inch screw type ferrule. A "T" fitting with a riser
to surface of ground, with a cap clamped in place, shall be installed
in all building sewers at the curbline at the point of connection
to the sewer lateral or at any location within the sidewalk area.
Inside cleanouts shall be located at a minimum height of six inches
above the basement floor.
[Ord. #89-643, S 1]
Whenever in the opinion of the Township Engineer or the authorized
agent, the trenching conditions require either a specific type of
pipe, jointing material or encasement in concrete, such materials
shall be installed to protect the owner and/or the Township as follows:
a.
When the trench is over 12 feet deep R.C.P. pipe or extra heavy cast
iron pipe must be used.
b.
Where the trench is less than four feet deep in a traveled roadway,
extra heavy cast iron pipe shall be used and special bedding, consistent
of crushed stone or concrete cradle, as directed by the Engineer or
the Township's authorized agent shall be used.
c.
Service laterals and building sewers for all service stations, garages,
or other establishments storing, using, or dispensing gasoline, kerosene,
benzene or other solvents shall be constructed of extra heavy cast
iron pipe with leaded joints.
d.
Where lines are laid in fill, extra heavy cast iron soil pipe with
lead joints shall be used. The line shall be laid on a bedding of
quarry blend crushed stone, or concrete, the bedding to extend down
to unbroken ground.
[Ord. #89-643, S 1]
The slope or grade of a building sewer shall be no less than
1/8 inch per foot of length and shall be no more than 1/4 inch per
foot and downward in the direction of flow. The grade shall be continuous
except that a vertical riser with a cleanout at ground surface shall
be installed when necessary. Where such a vertical riser is impossible,
the maximum grade may be increased to that necessary to maintain a
continuous grade from building drain to sewer lateral.
[Ord. #89-643, S 1]
No building sewer shall be covered until it has been inspected,
tested as provided herein and approved. If any part of a building
sewer is covered before being so inspected, tested and approved, it
shall be uncovered for inspection and testing at the cost and expense
of the owner of the improved property.
[Ord. #89-643, S 1]
When found necessary by the Township Engineer or the authorized
agent, the building sewer shall be tested by filling the same with
water completely so that every section shall be tested with not less
than a ten-foot head of water. Water shall be kept in the building
sewer for a period of 15 minutes before inspection starts and no leakage
should be observable at the time of inspection.
[Ord. #89-643, S 1]
Where it is found impractical to conduct a water test on the
sewer lines, the following maximum leakage shall be permitted: 200
g.p.d. per inch of pipe diameter per mile of pipe except that for
building sewers and service laterals, no leakage shall be allowed.
[Ord. #89-643, S 1]
Upon inspection and approval of a building sewer by the Township
Engineer or the authorized agent, a certificate of approval shall
be issued to the owner of the improved property to be connected to
a sewer.
[Ord. #89-643, S 1]
Whenever the Township Engineer or the authorized agent has reason
to believe any building sewer has become defective, such building
sewer shall be subject to test and inspection. Defects found upon
such test and inspection, if any, shall be corrected as required by
the Township Engineer or authorized agent in writing, at the sole
cost and expense of the owner of the improved property served through
such building sewer.
[Ord. #89-643, S 1]
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of the improved
property.
[Ord. #89-643, S 1]
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons and property from
injury and damage. Streets, sidewalks and other public property to
be disturbed in the course of building sewer installation shall be
opened and restored at the cost and expense of the owner of the improved
property and pursuant to the applicable provisions of Township ordinances.
[Ord. #89-643, S 1]
Connections with sewers where the same are installed through
private property shall in all respects be governed by the provisions
of this chapter.
[Ord. #89-643, S 1]
The Township shall not be liable for any damage or expense resulting
from leaks, stoppages or defective plumbing or from any other cause
occurring to any premises or within any house or building. The Township
shall not be liable for a deficiency or failure of service when occasioned
by an emergency, required repairs or failure from any cause beyond
its control. The Township reserves the right to restrict the use of
sewer service whenever the public welfare may require. The Township
shall not be liable for any damage or expense resulting from leaks,
stoppages or defective plumbing or from any other cause occurring
to any premises or within any building, and the owners of improved
property upon connection to the sewer system assume all liability
and waive any claim against the Township on account of the breakage
or stoppage of, or any damage or expense to, any service lateral or
building sewer where the cause thereof is found to be in such service
lateral or building sewer.
[Ord. #89-643, S 1]
If any person shall fail or refuse, upon receipt of a written
notice by the Township Engineer, Chief Sewer Plant Operator, Plumbing
Subcode Official, their agents, or the authorized agent to remedy
any unsatisfactory condition with respect to a building sewer, within
a reasonable period following receipt of such notice, the Township
may refuse to permit such person to discharge any wastes into the
sewer system until the unsatisfactory condition shall have been remedied
to the satisfaction of the official who issued the order.
[Ord. #89-643, S 1]
The Township reserves the right to refuse any person the privilege of connection of any improved property to a sewer, to disconnect or order discontinuance of use of a sewer by any person, or to compel the pre-treatment of wastes in order to prevent discharge into the sewer system of prohibited wastes as described in section 12-6.
[Ord. #89-643, S 1]
Unless previously authorized by the Township Committee, no person
shall unreasonably interfere with the full use and enjoyment of any
sanitary sewer easement of the Township, nor change the character
of such an easement so as to make its full use and enjoyment significantly
more burdensome or difficult for the Township, nor unreasonably impede
ready access by the Township, its agents, servants and employees to
sewerage located in the easement. If any person shall do so, upon
receipt of a written notice by the Township Engineer, Chief Sewer
Plant Operator or authorized agent, said person shall immediately
remove and correct the disturbance. If said person fails to remove
and correct the disturbance within a reasonable period of time as
ordered by the Township Engineer, Chief Sewer Plant Operator or authorized
agent, in addition to whatever other rights the Township may have,
the Township shall have the right to remove and correct the disturbance,
and the property owner shall be responsible for the costs incurred
by the Township in removing and correcting the disturbance. The Township
shall not be liable for any consequential damages to person or property
resulting from its removal and correction of an unauthorized disturbance
of a sewer easement.
[Ord. #89-643, S 1]
The Township reserves the right to adopt, from time to time,
additional rules and regulations as it shall deem necessary and proper
relating to connections with a sewer and the sewer system, which additional
rules and regulations, to the extent appropriate, shall be construed
as part of this chapter.
[Ord. #89-643, S 1]
Prior written approval shall be obtained from the Township Engineer
or the authorized agent in order to discharge into the sewer system
any industrial wastes.
[Ord. #89-643, S 1]
Whenever necessary, in the opinion of the Township Engineer
or the authorized agent, the owner of improved property shall provide
at his own cost and expense such facilities for preliminary treatment
and handling of industrial wastes as may be necessary to:
a.
Comply with and meet the requirements, including but not limited
to the chlorine requirement, of all permits issued by the N.J.D.E.P.
for operation of the sewer system;
b.
Ensure that no prohibited wastes will be discharged into the sewer
system;
c.
Reduce objectionable characteristics or constituents to come within
the maximum limits permitted in this Chapter; and
d.
Control the quantities and rates of discharge over a twenty-four-hour
day and a seven day week.
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of industrial
wastes shall be submitted for approval to the Township Engineer or
the authorized agent; and no construction of any such facility shall
be commenced until approval thereof first shall have been obtained,
in writing, and until approval thereof first shall have been obtained
from any governmental regulatory body having jurisdiction. Whenever
facilities for preliminary treatment and handling of industrial wastes
shall have been provided by the owner of such improved property, such
facilities shall be maintained continuously, at the expense of such
owner, to meet current N.J.D.E.P. permit requirements and in satisfactory
operating condition. The Township Engineer, Chief Sewer Plan Operator
or the authorized agent shall have access to such facilities at reasonable
times for purposes of inspection and testing.
[Ord. #89-643, S 1; Ord. #00-1001]
No person shall discharge or cause to be discharged any storm
water or other liquid conveyed through a storm sewer, surface water,
ground water, roof runoff, subsurface drainage, discharge from a sump
pump, cooling water or unpolluted industrial process water into the
municipal sewer system. Except as otherwise provided in this chapter,
no person shall discharge or cause to be discharged any of the following
described wastes or waters into the municipal sewer system:
a.
All liquid or vapor having a temperature higher than 150° F.;
b.
Wastewater containing more than 25 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils, or product of mineral oil origin;
or wastewater from industrial operations, hotels, institutions, hospitals,
restaurants, catering establishments or similar places, containing
floatable oils, fats or grease; or containing substances which may
solidify or become viscous at temperatures between 32° and 150°
F.;
c.
Explosive and/or flammable mixtures, liquids, solids, or gases which
by reason of their nature or quantity are, or may be sufficient, either
alone or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to persons or the sewer system or
the treatment works or their operation; at no time shall two successive
readings on an explosion hazard meter, at the point of discharge into
the treatment works, be more than 5% nor any single reading over 10%
of the lower explosive limit of the meter with the meter calibrated
to methane; such materials include, but are not limited to: gasoline;
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides, and sulfides;
d.
Any noxious or malodorous gas, substance or material which, either
singly or by interaction with other wastes, may be capable of creating
a public nuisance or hazard to life and health, or may be present
in sufficient concentrations to prevent entry into the sewer system
or sewer treatment plants for their maintenance and repair;
e.
Any water or waste containing suspended solids of such character
and quantity that unusual attention or expense shall be required to
handle such water or waste at the sewage treatment plant;
f.
Any radioactive wastes of any type and in any concentration;
g.
Excessive discharges of wastewater at the flow rate during a period
longer than 15 minutes that exceeds more than five times the allowed
average daily flow rate of the industrial or commercial user during
normal operations, or wastewater at a flow rate or containing such
concentrations or quantities of pollutants that, in the judgment of
the Township Engineer, Chief Sewer Plant Operator or authorized agent
may cause interference with or significant loss of efficiency in the
normal treatment process;
h.
Wastes so discolored as to result in the treatment works exceeding
water quality standards;
i.
Any substance which could cause the treatment works' sludge to be
unsuitable for disposal in accordance with N.J.D.E.P. procedures,
policies and rules governing disposal of sludge;
j.
Any substance containing pathogenic bacteria (viable) other than
those normal to domestic sewage;
k.
Any waters or wastes containing concentrations of materials in excess
of the following effluent limitations in any one sample:
|
Material
|
Maximum Concentration in mg/l
|
|---|---|
|
Residuals
|
NONE except by special agreement with the Township
|
|
BOD
|
200
|
|
COD
|
500
|
|
Suspended Solids
|
250
|
|
Fluorides
|
5.0
|
|
Total Solids
|
1,000
|
|
Phenol
|
0.5
|
|
Cyanide
|
0.2
|
|
Chromium
|
3.0
|
|
Copper
|
1.0
|
|
Iron
|
5.0
|
|
Nickel
|
1.0
|
|
Zinc
|
1.0
|
|
Boron
|
1.0
|
|
Lead
|
0.3
|
|
Oil and Grease
|
50
|
|
Arsenic
|
0.1
|
|
Aluminum
|
10
|
|
Cadmium
|
0.1
|
|
Silver
|
0.5
|
|
Mercury
|
0.1
|
|
Phosphorus
|
10
|
|
Potassium
|
20
|
|
Tine
|
1.0
|
|
Benzidine
|
0.01
|
|
Detectable traces of other substances or detectable quantities
of substances in excess of the above limits are prohibited;
|
l.
Any drainage from building construction;
m.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
bones, feathers, tar, plastic, wood, paunch, manure, butchers offal
or any other solid or viscous substance which shall be capable of
causing obstructions to the flow in any sewer or other interference
with the proper operation of the sewer system or the treatment works;
n.
Any water or waste having a pH lower than 6.5 or higher than 9.0
or having any corrosive property capable of causing damage or hazard
to structures of equipment of the sewer system or the sewage treatment
plant(s) or to personnel engaged in operation and maintenance thereof.
Examples of such prohibited materials include, but are not limited
to acids, alkalis, concentrated chloride and fluoride compounds and
substances which will react to water to form acidic or alkaline products;
and
o.
Any water or waste containing any toxic substance in quantity sufficient
to constitute a hazard to humans or animals or to interfere with the
biochemical processes of the treatment works or that will pass through
the treatment works in such condition so that it will exceed State,
Federal or other validly existing requirements for the receiving stream.
[Ord. #89-643, S 1]
a.
It shall be presumed necessary for the proper handling of liquid
wastes containing floatable grease, flammable wastes, sand, grit,
solids, and other substances that may be harmful to the building drainage
system, municipal sewer system or publicly owned treatment works and
operation thereof, that interceptors (including grease, oil and sand
interceptors) be installed in and required for all non-residential
establishments in the Township. This presumption may be overcome and
the requirement waived by the Township Engineer upon a showing by
the owner that the likelihood of the establishment discharging harmful
substances into the sewer is de minimis. Examples of establishments
where such a showing might be established include, but are not limited
to, apparel and card shops. For purposes of this section where a building
contains both residential and non-residential uses, it shall be considered
a non-residential establishment.
b.
All types and classes of interceptors shall be designed, constructed, installed and maintained in accordance with Chapter 6 of the National Standard Plumbing Code of 1987, as amended and supplemented through the DCA.
c.
All interceptors shall be located as to be readily and easily accessible
for cleaning and inspection. In the case of restaurants, catering
establishments, hotels, cafeterias, gasoline stations and garages,
and other establishments where required by the Township Engineer because
of the volume and/or type of waste(s) likely to be discharged by the
establishment, interceptors may be required to be located outside.
d.
The owner shall be responsible for proper removal and disposal of
material retained by the interceptor, and shall maintain records of
the dates and means of disposal, which are subject to inspection by
the Township Engineer or authorized agent. Any removal and hauling
of collected materials not performed by the owner or his personnel
shall be performed by licensed waste disposal firms. Interceptors
shall be maintained continuously in satisfactory and effectively-operating
condition at all times by the owner at his sole cost and expense.
e.
In the event the volume of waste from an establishment changes such
that the interceptor is improperly sized, at his sole cost and expense
the owner shall cause a new interceptor to be installed and approved
by the Township Engineer or authorized agent.
[Ord. #89-643, S 1]
The following are minimum requirements relative to the admission
of industrial wastes into the municipal sewer system:
a.
Any person desiring to make a connection to the municipal sewer system
into which industrial wastes shall be discharged, shall file with
the Township a "Data Sheet," to be furnished by the Township Engineer,
which shall supply pertinent information, including effluent data
and estimated quantity of flow with respect to industrial wastes proposed
to be discharged into the municipal sewer system.
b.
Any person discharging industrial wastes into the municipal sewer
system shall, when required by the Township Engineer or authorized
agent, construct and thereafter properly maintain at his own expense,
a suitable control manhole to facilitate observation, measurement
and sampling of waste material. Any such control manhole shall be
constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by the Township Engineer or authorized
agent prior to commencement of construction.
c.
Industrial wastes being discharged into the municipal sewer system
shall be subject to periodic sampling, inspection and determination
of character and concentration. Such sampling, inspection and determination
shall be made by the Township Engineer or authorized agent as frequently
as may be deemed necessary. Representative samples for a full working
day shall be obtained by taking hourly samples and compositing them
in accordance with the flow at the time of sampling. Sewage sampling
facilities shall be accessible to the Township Engineer or authorized
agent at all times. Due care shall be exercised in the collection
and preservation of all samples to insure as nearly a natural state
as possible, including refrigeration of all samples which are intended
for analysis by biochemical methods.
d.
The owner shall be responsible for the cost of analysis of samples
of industrial wastes as required by the Township Engineer. Laboratory
methods used in the analysis of samples of industrial wastes shall
be those set forth in the Standard Methods.
e.
Any owner of improved property who is discharging industrial wastes
into the municipal sewer system and who contemplates a change in the
method of operation which will alter the type, quantity or frequency
of discharge of industrial wastes being discharged into the sewer
system shall notify the Township Engineer or authorized agent in writing
at least 10 days prior to the anticipated consummation of such change.
No change shall be permitted unless approval therefor is granted by
the Township Engineer or authorized agent.
f.
Any new source Significant Indirect User (SIU) as defined in N.J.A.C.
7:14A-1 et seq. shall obtain an N.J.D.E.P./S.I.U. permit prior to
commencing discharge into the treatment works.
g.
Where any Federal categorical pretreatment standard applicable to
a particular industrial subcategory is more stringent than the effluent
limitations imposed by this chapter for sources in that subcategory,
the user shall adhere to the applicable federal standard. Any user
discharging industrial wastes subject to federal categorical pretreatment
standards shall, at a minimum, comply with the reporting requirements
of 40 CFR 403.12.
[Ord. #89-643, S 1]
No person shall cause the discharge of slugs of water or wastes.
Each person producing a discharge into the municipal sewer system
at a rate of in excess of 40,000 gallons in any one day, shall construct
and maintain at his own expense a suitable flow-control facility to
insure equalization of discharge over a twenty-four-hour period. This
facility shall have a capacity of at least 50% of the total normal
volume of a twenty-four-hour production period, and the outlet to
the sewer shall be equipped with a rate-discharge controller or other
approved device, the regulation of which shall be directed by the
Township.
[Ord. #89-643, S 1]
Sewer service areas are established by the Wastewater Management
Plan. No property may be connected to a sewer unless it is located
within a sewer service area as established by the Wastewater Management
Plan. The Wastewater Management Plan is adopted and amended from time
to time by the Township Committee pursuant to the requirements of
the New Jersey Department of Environmental Protection as established
by N.J.A.C. 7:15-1 et seq. In amending the Wastewater Management Plan
the Township Committee may receive advice from the Board of Health,
Township Engineer, Sewer Committee and any other person, board or
committee whose input the governing body deems would be of assistance.
[Ord. #89-643, S 1; Ord. #95-843, S 2; Ord. #08-1276, S 1]
a.
Sewage treatment plants serve areas which are defined by topography
so that pumping can be avoided.
b.
The natural drainage area generally defines the outer-most limits
of a sewer service area, sewer service areas define the limits of
treatment of a given treatment works, provided capacity exists. Whether
the designated sewer service area is the entire drainage area or some
smaller amount thereof, no lands outside of the designated sewer service
area obtain service.
c.
Sewer service areas will not be expanded to unimproved lands where
the effect of such extension is to deprive lands in the initial service
area of potential service where: (1) those lands (whether improved
or vacant) are the subject of a local improvement assessment for collectors,
treatment works or combination thereof; or (2) those lands are improved
and within 200 feet of a public sewer. Moreover, no sewer service
area shall be expanded without authorization of the Township Committee.
d.
The above provisions concerning the natural drainage area and sewer service areas may be relaxed, where, upon recommendation of the Board of Health, a health emergency which cannot be abated by on-site wastewater treatment is identified, in which case the service area may be expanded to include, but not go beyond lots upon which the immediate or identifiable potential health problems exist. In this case, the Township Committee may permit pumping provided it is established that no feasible alternative exists. Any new construction or existing construction not affected by the health emergency located in the expanded service area shall be allocated capacity in accordance with subsection 12-7.5 of this chapter.
e.
The above provisions regarding natural drainage area and sewer service
areas may also be relaxed to include other lands where:
1.
The subject lands are proximate to an operating sewage treatment
plant that has been constructed to its NJPDES permitted discharge
capacity, and at that NJPDES permitted discharge capacity, cannot
be filled up by flows from the allowed development of the service
area;
2.
Due to circumstances that were not foreseeable at the time the service
area for that plant was delineated, property within the service area
that was designated for capacity will no longer have a use or need
for the same amount of capacity;
3.
Inclusion of the subject lands within the service area will not have
the effect of depriving other properties within the natural drainage
area of capacity;
4.
The subject lands may actually be connected to the plant without
an increase in the number of pump stations;
f.
The above provisions regarding natural drainage area and sewer service
areas may also be relaxed to include improved lands that are already
served by an existing sewage treatment plant when the abandonment
of the existing plant would result in the movement of the treated
wastewater discharge point to a downstream location with greater natural
dilution and improvement of water quality.
[Ord. #89-643, S 1; Ord. #95-843, S 2]
The installation of collection sewers, service laterals and/or
building sewers for a realty improvement shall only be permitted upon
full satisfaction of the following conditions:
a.
The property to be connected is within a sewer service area;
b.
In the case of a new development, preliminary subdivision or site
plan approval has been obtained;
c.
Sewer plans conforming to all specifications established by the Township as to type of pipe, location of mains, size of pipe, grades, methods of laying pipe and the type of construction of all necessary appurtenances in accordance with this chapter and the provisions of section 16-5 of Chapter 16 of this Code shall be prepared by a professional engineer, licensed by the State of New Jersey and shall be approved by the Township Engineer and any necessary State agencies;
d.
Sewers shall be designed so that abutting properties within the sewer
service area may connect by gravity to the sewer;
e.
All engineering, inspection and permit fees shall be paid by the
owner to the Township prior to any construction;
f.
The installation of collection sewers and/or service laterals shall be subject to supervision and inspection by the Township Engineer or the authorized agent and the cost of such supervision and inspection, including fees, salaries and expenses, shall be the responsibility of the property owner making the extension. The installation of building sewers shall be subject to Sections 12-3 and 12-4 of this chapter;
g.
All sewer lines, manholes and other appurtenances shall be constructed
and installed pursuant to Township and N.J.D.E.P. specifications,
and under supervision and with approval of the Township Engineer;
h.
The owners, builders or developers shall comply with all municipal
ordinances regulating excavations in streets.
[Ord. #89-643, S 1; Ord. #97-908, S 1; Ord. #98-942, S 1;
Ord. #04-1126, S 1; Ord. #04-1160, S 1; Ord. #12-1407; Ord. #13-1431;
Ord. #14-1461 S 1; Ord. #15-1489 S 1; Ord. No. 16-1513 § 1; Ord. No. 17-1541 § 1]
a.
Persons who request a direct or indirect connection to the municipal
sewer system shall contribute to the cost of the system and are subject
to payment of a capacity charge, also known as a "connection fee"
or "tapping fee," as established herein.
b.
The capacity charge shall be $12,900 per residential unit, or $43
per gallon of anticipated daily volume of sewage effluent for nonresidential
uses.
[Amended 3-19-2020 by Ord. No. 20-1635; 5-19-2022 by Ord. No. 22-1682; 4-20-2023 by Ord. No. 23-1697]
1.
The capacity charge shall be reduced by 50% for new connections to
the municipal sewer system that are to be charged to public housing
authorities, nonprofit organizations building affordable housing projects,
and any other affordable housing units, including affordable housing
units in inclusionary projects.
2.
This capacity charge is subject to revision by the Township as may
be appropriate and provided by law.
c.
For a property connected to the municipal sewer system for less than
20 years, any addition, alteration, or change in use that materially
increases the level of use and imposes a greater demand on the system
shall be subject to payment of a capacity charge, even if the addition,
alteration, or change in use does not involve a new physical connection
of the property to the municipal sewer system.
1.
The capacity charge shall be equal to the amount by which the increased
use and demand on the system exceeds the use and demand that existed
prior to such addition, alteration, or change in use.
2.
Nothing in this section shall be construed to preclude the Township
from charging a new or additional capacity charge for any new or additional
connection of a property to the system, or for any increase in the
size of an existing connection or for any new construction of additional
service units connected to the system that materially increases the
level of use or demand on the system.
3.
As used in this section, "materially increases" means any increase
in the number of service units; or any other change which increases
the level of use or demand on the system by 15% or more over the highest
actual annual use and demand that existed during the prior ten-year
period immediately preceding the addition, alteration, or change in
use; provided, however, that, if the property has been connected to
the sewerage system for less than 10 years, the average level of use
and demand shall be calculated based on the actual period of connection.
d.
The calculation of anticipated volume of effluent shall be made by
the Township Engineer in accordance with the standards established
by N.J.A.C. 7:14A-23.3, as may be amended and supplemented from time
to time. The Township Engineer's calculation shall be final.
e.
The following credit(s) shall be applicable for reconnections, public
housing authorities, nonprofit organizations building affordable housing
projects, and other affordable housing units:
1.
A credit shall be applied toward a capacity charge being assessed
for a reconnection of a disconnected property that was previously
connected to the municipal sewer system, provided that the property
has been connected to the municipal system for at least 20 years and
service charges have been paid for the property in at least one of
the last five years.
(a)
The credit shall be calculated as follows:
(1)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of service units, or does not expand the use of the municipal sewer
system, the credit shall be equal in amount to the new capacity charge.
(2)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the sewerage system, the credit shall be equal
in amount to any capacity charge previously paid for the property,
and the amount charged shall be the difference between the credit
and the capacity charge for the new use or class.
(3)
If no capacity charge was ever paid for the property, but all service charges due and owing on the property have been paid for at least 20 years, the credit shall be equal in amount to the new capacity charge; provided, however, that any charges due and owing pursuant to Subsection 12-7.4e1(a)(2) above shall be paid.
(b)
If no capacity charge was ever paid for a disconnected property
that is to be reconnected and which was previously connected to the
sewerage system for at least 20 years, there shall be charged, in
addition to any amount due and owing after application of a credit
pursuant to this section, a capacity charge equal to the lesser of:
(1)
20% of the service charges that would have been paid based upon
the usage for the last full year that the property was connected to
the municipal sewer system for the period from the date of the disconnection
from the municipal system to the date of the new connection; or
(2)
The new capacity charge.
(c)
A credit shall not be allowed under this section for a property
that has been disconnected from the municipal sewer system for more
than five years.
(d)
As used in this section, "disconnected property" means a property
that has been physically disconnected from the municipal sewer system
or a property not physically disconnected but to which service has
been discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the municipal sewer system or to which service has been discontinued
without payments being made for less than 12 consecutive months and
is being reconnected as it existed prior to the temporary disconnection
or discontinuance of service.
2.
A credit shall be applied toward a capacity charge being assessed
to a public housing authority, nonprofit organization building affordable
projects, or to any other affordable housing, including affordable
housing units in inclusionary projects, for units previously connected
to the municipal sewer system that were demolished or refurbished
to allow for new affordable housing units and for which a capacity
charge was previously paid.
(a)
The credit shall be the capacity charge previously assessed
and paid, for connection with the municipal sewer system for units
previously connected to the system.
(b)
The capacity charge assessable against a public housing authority, nonprofit organization, or other affordable housing owner, for units previously connected to the municipal sewer system that were demolished or refurbished to allow for new affordable housing units, including affordable housing units in inclusionary projects, shall be the lesser of the reduced rate provided for in Subsection 12-7.4b1 above, or the current nonreduced rate applicable to other types of housing developments minus the credit provided under Subsection 12-7.4e2(a) above for units for which a capacity charge was previously paid, provided that such public housing authority, nonprofit organization, or other affordable housing owner can establish the capacity charge was previously assessed and paid for connection with the system. If such previous assessment and payment cannot be established, the reduced rate provided for in Subsection 12-7.4b1 above shall be assessed.
f.
Nothing in this chapter shall preclude the Township from assessing
any property benefitting from installation of a sewer improvement
pursuant to the provisions of Chapter 56, Title 40, of the Revised
Statutes of New Jersey, allowance being made for contributions made;
nor shall the Township in any manner be precluded from imposing annual
service charges upon users of the municipal sewer system.
g.
Any person seeking a connection for a property to the municipal sewer
system shall be required to execute a sewer participation agreement,
binding upon his/her successors and assigns, concerning the obligations
to abide by the requirements of this chapter, including payment of
capacity charges and annual sewer service charges.
[Ord. #89-643, S 1]
a.
Applications for reservation of sewer capacity in the municipal sewer
system will be accepted by the Township only from developers who have
at least one of the following approvals:
1.
Final site plan approval and final subdivision approval where such
approval is necessary as a condition precedent to the issuance of
a building permit for the proposed improvements.
2.
Preliminary major subdivision approval for residential uses.
3.
Minor subdivision approval in the case of a proposed single-family
or two-family use.
4.
Use variance (subject to the limitations set forth below).
b.
Sewer capacity may be reserved by developers in accordance with the
provisions expressed herein. Capacity is reserved by virtue of a Sewer
Reservation Agreement authorized by the Township Committee upon advice
of the Sewer Committee of the Township of Montgomery. The following
provisions shall govern requests for reservations of "remaining sewer
capacity":
1.
Final Site Plan Approval. A developer who possesses final site plan
approval may apply for a reservation of "remaining capacity" in the
sewer system serving the service area in which its development is
located. If granted, capacity will be reserved for a period of 60
days from the date of the Reservation Agreement. The sixty-day period
may be used by the developer to obtain necessary financing, final
building permit application and posting of necessary fees in connection
therewith. At the end of the sixty-day period, the agreement shall
lapse and no rights shall exist in regard to capacity between the
Township and developer unless, prior to the expiration of the Reservation
Agreement, the developer has obtained a building permit for the improvements
referred to on the final site plan map. If the developer has not obtained
its building permit as aforesaid, upon the expiration of the sixty-day
period, the capacity charge collected at the time of the signing of
the Reservation Agreement shall be returned to the developer, without
interest, less 5% of the amount of the capacity charge which shall
be retained by the Township for overhead, legal costs and administration.
2.
Preliminary Major Subdivision Approval. A developer who possess(es) preliminary major subdivision approval with respect to residential use(s) may apply for a reservation in the "remaining capacity" in the sewer system serving the service area in which its development is located. Such developers may apply for a Reservation Agreement after submission to the Township Engineer of plans, specifications and other engineering details required by the Township Engineer for the purpose of reviewing the developer's proposed site improvement work with respect to such subdivision tract and, in addition, the developer must post inspection fees with the Township in accordance with Chapter 16 of this Code. By payment of such fees and review by the Township Engineer of such engineering, the developer shall be eligible for consideration of reservation of "remaining capacity" upon payment to the Township of the estimated capacity charge for such portion of phase of the development for which plans have been submitted and inspection fees paid.
Upon the signing of an agreement reserving capacity, the developer
shall have reserved capacity for a period of 12 months from the date
of signing of the Reservation Agreement during which the developer
shall obtain final subdivision approval with respect to such portion
or phases of the entire development for which the site improvement
plans have been submitted, inspection fees have been paid and a capacity
charge has been paid in accordance with the above. If final subdivision
approval is obtained with respect to such sections or phases within
12 months of the date of the signing of the Reservation Agreement,
in that event, the Reservation Agreement may be extended, by the Township
Committee, for a period of 18 additional months. Such additional period
of reservation shall provide the developer time within which to obtain
building permits with respect to the improvements to be constructed
on those portions of the development tract for which final subdivision
approval has been obtained. This policy shall not be construed to
limit a developer from obtaining reservation and final subdivision
approval for the entire proposed tract. However, a developer may determine
to proceed in sections and may, therefore, "stagger" reservation of
capacity to the end that he may have one or more reservation agreements
outstanding at any time, each with respect to a separate phase or
phases of development. If the deadlines set forth herein are not met,
the reservation of capacity shall lapse and the capacity charge shall
be returned in accordance with subparagraph 1 above for the portions
of the subdivision which have not met the deadlines.
3.
Minor Subdivision Approval in Case of Proposed Single-Family or Two-Family
Use. Where a developer has obtained minor subdivision approval for
a proposed single-family or two-family use, the developer may apply
for reservation of "remaining capacity" in the sewer system serving
the area in which the subdivision occurs. Capacity is reserved, thereafter,
for a period of 60 days from the date of the Reservation Agreement.
If the building permit(s) is not obtained within 60 days from the
date of the Reservation Agreement, the reservation of capacity shall
lapse and the capacity charge shall be returned in accordance with
paragraph 1 above.
4.
Use Variance. Except for single-family or two-family uses, developers
in receipt of use variances shall proceed under the regulations with
respect to final site plan approval at paragraph 1 above.
c.
Reservation of "Remaining Capacity". A Sewer Reservation Agreement
will be authorized only if the remaining capacity in the sewer system
in question is sufficient for the full needs of the applicant's gallonage
reservation. "Remaining capacity" means the actual capacity in the
plant as determined at the time of the filing of the application less
capacity committed by virtue of outstanding, valid agreements and
building permits. Where there is no remaining capacity or where such
remaining capacity is in an amount which is less than the requirements
of the applicant's proposed construction, then the applicant will
be placed on a waiting list until sufficient capacity becomes available
or the total capacity of the plant is consumed by virtue of completion
of improvements. Applicants shall be placed on the waiting list in
the order of the filing of their application for reservation of capacity.
Where an applicant is listed as first on the waiting list and that
applicant's sewer needs exceed capacity as may become available, no
agreement will be authorized. Instead, the remaining applicants on
the waiting list, if any, in the order of their ranking, shall be
offered an agreement provided that such available capacity is sufficient
to serve the needs of any one or more of such applicants on the waiting
list. Otherwise, the first listed applicant may be offered an agreement.
d.
Miscellaneous Provisions Concerning Reservation Agreements. There
will be no "renewals" of the capacity agreements. Every agreement
shall represent a new relationship between the applicant and the Township
based upon this section. In the event that a building permit is issued,
capacity will continue to be reserved in favor of the developer during
the life of the building permit.
In the event that the building permit shall lapse, the reservation
of capacity shall likewise terminate and the capacity charge shall
be returned as provided in paragraph 1 above.
Upon expiration of the agreement (after 60 days) or upon expiration
of the building permit, the applicant shall have no rights or claims
for capacity; however, the developer may reapply as in the first instance
by placement on the waiting list if remaining capacity is insufficient
for its needs or by signing of a new Reservation Agreement and paying
of the capacity charge, if that available remaining capacity exists.
A capacity charge will be accepted and an agreement signed only in
the event that sufficient capacity, as of the time of the application,
exists and further provided that the developer's necessary land use
approvals have not, by that time, expired. In the event that sufficient
remaining capacity exists for the developer's needs and further in
the event that the developers' necessary land use approvals are still
in effect, the developer may reserve, for an additional sixty-day
period, the capacity needed. At the end of that sixty-day period,
the reservation of capacity shall lapse and the capacity charge will
be returned less 5% in accordance with paragraph b, 1 above.
Upon issuance of a certificate of occupancy, the developer or
owner shall enter into an agreement with the Township called a "Sewer
Participation Agreement" establishing the relationship between the
developer or owner as a customer of the Township with respect to the
municipal sewer system.
e.
Allocation of Anticipated Capacity. "Anticipated Capacity" shall
mean capacity in unbuilt treatment works or expansions to existing
treatment works where the Township has on file, with the Department
of Environmental Protection, (an active application for a permit to
construct or a permit to construct) such treatment works or expansions.
Developers may be placed on a "waiting list" referred to in
paragraph d above to prioritize their rights to obtain a Reservation
Agreement in accordance with the provisions listed below.
Where remaining capacity in the sewer system serving the service
area in which a development is located is insufficient for the needs
of such development or any section thereof, the developer may apply
for a position on the "waiting list" where his lands are designated
to be served by such anticipated capacity. Placement on the list,
however, shall be available to developers' who have at least the approvals
referred to at paragraphs a, 1 through 4 above.
Developers will not be required to deposit, with the Township,
any capacity charge for anticipated capacity as a condition to entry
on the waiting list unless and until the Township Engineer or authorized
list certifies that the treatment works or expansion, then under construction
is anticipated to be completed within 12 months. Upon receipt of such
certification, developers in the order in which they appear on the
"waiting list" shall be offered an agreement where such developers
shall pay the full anticipated capacity charge at the signing of such
agreement. That agreement shall further provide that the Township
will enter into a Reservation Agreement with such developer upon the
issuance of a permit to operate and discharge with respect to such
treatment works or expansion. In the event that any developer on the
"waiting list" shall refuse to pay the anticipated capacity charge
and enter into the agreement referred herein which shall be offered
within 12 months prior to completion of the new treatment works, that
developer shall be removed from the waiting list. In no event shall
capacity charges be accepted from developers for capacity in excess
of anticipated capacity. Upon the execution of any Reservation Agreement
with a developer who has paid the anticipated charge, that developer
shall pay or be entitled to a refund of capacity charge as the same,
may be at that time, be fully determined.
Upon signing of Reservation Agreements with respect to developers
who had been on the "waiting list" prior to the availability of new
capacity, such capacity shall be reserved for the period and under
the provisions set forth in paragraph b above.
f.
Appeal Procedure. The Township Committee, upon advice of the Sewer
Committee, may permit such waivers of the strict application of the
provisions of this section upon presentation of proofs by a developer
of peculiar conditions pertaining to his land or application whereby
the literal enforcement of this section is impracticable or will exact
an undue hardship.
In reviewing any application for such waiver, the Sewer Committee
and the Township Committee will consider the following:
1.
Statutory stays or litigation not attributable to the applicant.
2.
Unforeseeable economic conditions relating to the financing of the
project, which prevent the advancement of the project.
3.
Diligence of the development to pursue approvals and develop the
tract.
4.
Seasonal and weather conditions, acts of God, strikes or lockouts.
5.
Delays in the approvals of other agencies of government, not the
fault of the developer.
6.
Performance in previous sections or phases of development.
[Ord. #92-748, S 2]
a.
Findings and Purpose. The Township Committee finds that there is
limited sewer capacity available in some of the STPs in the Township
because of prior commitments made to developers for use of capacity.
Some developers of projects located within sewer service areas have
approvals for use of alternative wastewater treatment systems but
would prefer to fully connect the facilities to the STP serving the
service area, if possible. Permitting such projects to connect to
an STP on a provisional basis increases the user base for STPs in
the Township and spreads operating costs among more users. Permitting
facilities to connect on a provisional basis also facilitates the
completion of development projects for which there are existing approvals
without those projects having to resort to the use of alternative
systems and without the Township having to prematurely expand capacity
in an STP.
b.
Conditions to be Met by Applicant in Order to Qualify for Provisional
Sewer Capacity. To become eligible for provisional sewer capacity,
an applicant must meet the following conditions:
1.
The applicant's development project qualifies for placement on the waiting list for capacity in accordance with subsection 12-7.5 of this Code.
2.
The applicant has received all required prior approvals to install
an alternative wastewater treatment disposal system, which approvals
must be maintained current throughout the duration of the grant of
provisional sewer capacity. Proof of such prior approvals shall be
provided to the Township.
3.
The applicant can reasonably access or tie into the alternative wastewater treatment system upon 180 days' written notice from the Township to the applicant for any of the reasons set forth below in subsection 12-7.6e.
4.
Capacity charges as required by subsection 12-7.4 of this Code shall be paid. Should the Township deliver notice to the applicant terminating provisional sewer capacity and requiring the applicant to access or tie into its alternative wastewater treatment system, sewer capacity charges less a 5% administrative fee shall be refunded to the applicant. In the event capacity becomes available in the STP enabling the applicant to connect permanently to the STP, all fees and charges then in effect shall be paid, provided, however, that the applicant shall be entitled to a credit for all charges previously paid for provisional capacity.
5.
The property on which the applicant's project is located is adjacent
to an existing collection sewer of a size adequate to convey sewage
from the applicant's project to the STP.
6.
Applicant shall be required to pay all user charges and comply with
all Federal, State and local statutes, ordinances and regulations
pertaining to sewer users.
7.
Provisional sewer capacity may not be transferred or assigned to
a different property.
c.
Findings to be Made by Township Committee. In order to grant provisional
sewer capacity to an applicant, the Township Committee must make the
following findings:
1.
Capacity in the STP has been allocated or committed to others to
the extent that the STP cannot readily meet the applicant's sewage
capacity needs.
2.
A portion of that previously allocated or committed capacity will
not be used for a substantial period of time because of unusual circumstances
beyond the control of the developer to whom the capacity was previously
allocated or committed.
3.
Release of the previously allocated or committed capacity would be
impracticable or would work an undue hardship upon the developer to
whom the allocation was made.
d.
Term of Provisional Sewer Capacity Grant. Provisional sewer capacity shall be granted by the Township Committee for one year interval periods. It may be renewed provided the conditions set forth in subsections 12-7.6b and c remain satisfied. No later than 60 days prior to the expiration of each one-year term, application shall be made by letter to the Township Engineer for a one year renewal. The Township Engineer shall review the status of the required conditions for continued provisional sewer capacity and shall make a recommendation to the Township Committee with respect to approval or denial of the request for a renewal. The one-year period may be interrupted if the notice provisions of subsection 12-7.6e are invoked. All projects connected to the STP on a provisional basis which have applied for permanent connections and capacity shall retain their position on the sewer capacity waiting list.
e.
Termination of Provisional Sewer Capacity. In the event a court of competent jurisdiction determines that the grant of provisional sewer capacity impairs any obligations on the part of the Township to provide for low and moderate income housing, the Township has the right to provide a minimum of 180 days' written notice to the applicant requiring the applicant to access or tie in to its previously approved alternative wastewater treatment system. In addition, when the development projects to which capacity have previously been allocated or committed have progressed sufficiently such that it is reasonably anticipated by the Township Committee that those projects will need to use the allocated capacity or any of the conditions of subsections 12-7.6b and c are no longer met by the applicant, the Township Committee may provide similar notice to terminate and require the applicant to access or tie in to its previously approved alternative wastewater treatment system.
[Ord. #89-643, S 1; Ord. #92-748, S 1]
[Ord. #89-643, S 1; Ord. #92-748, S 1]
a.
The owner of any building intended for human occupancy, employment,
recreation or other use located within a sewer service area and abutting
a street, alley, right-of-way or easement in which there is presently
located or may in the future be located, a sewer is required at his
sole cost and expense to connect such building directly with said
sewer in accordance with the provisions of this chapter within 90
days receipt of notice from the Township Engineer to do so, provided
said sewer is within 200 feet of the building. Where, however, the
building is served by a satisfactorily functioning private sewage
disposal system, provided said system does not malfunction, the owner
may connect within five years rather than 90 days. If said system
malfunctions (See BH:14) at any time during said period, immediate
connection shall be required.
b.
Where due to the peculiar topographical location of the building
or the sewer, gravity flow to the sewer would be precluded, the owner
may make application to the Township Committee for continuing use
of a private sewage disposal system provided the applicant has first
demonstrated to the Board of Health that the private sewage disposal
system is operating satisfactorily. If the private sewage disposal
system ceases to operate satisfactorily or the peculiar topographical
condition ceases to exist, the building shall be connected to the
sewer.
c.
If an owner fails to make a connection to the sewer as required by
this section, in addition to any other rights and remedies it may
have, the Township may make such on-premises connection and assess
the costs thereof against the owner pursuant to N.J.S.A. 40:63-54
et seq.
[Ord. #89-643, S 1; Ord. #92-735, S 1]
No private sewer system or privately owned treatment works shall
be installed or constructed within the Township unless the plans and
specifications therefor have been reviewed and approved by the Township
Board of Health, Planning Board, Township Committee and the N.J.D.E.P.
as provided by law. No applications to the N.J.D.E.P. for the approval
of any private sewer system or privately owned treatment works shall
be processed without prior approval of the Township. If the Township
approves a private sewer system or privately owned treatment works,
the owner of the system or treatment works shall enter into an agreement
with the Township concerning repair, maintenance, bonding, qualified
operation, failure and closure of the system or treatment works.
[Ord. #89-643, S 1]
All applications for the installation and construction of a private sewer system or privately owned treatment works shall be accompanied by a performance guarantee in an amount equivalent to the reasonable cost of said proposed private sewer system or privately owned treatment works as determined by the Township Engineer. Such performance guarantees shall require that the installation and construction of a private sewer system or privately owned treatment works must be fully completed and ready for operation within a period of two years from the date of approval thereof as provided in subsection 12-8.1. The Township Committee shall approve the qualifications of the surety of all performance guarantees and the Township Attorney shall approve the sufficiency of form and the execution thereof.
[Ord. #89-643, S 1]
Upon transfer of the private sewer system or privately owned
treatment works to the Township of Montgomery, as hereinafter provided,
the owner shall file with the Township of Montgomery a cash maintenance
guarantee in an amount equivalent to 15% of the actual cost thereof
as determined by the Township Engineer. The maintenance guarantees
shall indemnify, save and hold harmless the Township of Montgomery
from any and all defects in workmanship and/or materials of the said
sewer system for a period of two years from the date of acceptance
thereof by the Township of Montgomery. The Township Committee shall
approve all maintenance guarantees and the Township Attorney shall
approve the sufficiency of form and the execution thereof.
[Ord. #89-643, S 1]
In the event a private sewer system or privately owned treatment
works is conveyed to the Township or connected to the municipal sewer
system at that time, the Township may require the owner to dismantle
and remove the privately owned treatment works servicing said private
sewer system, in which event the premises upon which said privately
owned treatment works are located shall be retained by the owner,
subject to such easements as the Township may require in or across
the property.
[Ord. #89-643, S 1]
Unless otherwise permitted by the Township of Montgomery, no
party shall operate a private sewer system and/or impose service charges
for the operation thereof.
[Ord. #89-643, S 1]
Permits for the construction of building sewers shall be required
in accordance with the provisions of the Uniform Construction Code.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 89-643, 92-731, 93-777 and 04-126.
[Ord. #07-1254, S 2; Ord. #12-1406, S 1]
Sewer service charges are hereby established which shall be
payable and collected from the owner of each unit connected to the
Township's sewer system from and after the date upon which the Township
shall notify such owner in writing that the Township is prepared to
accept sanitary sewage and/or, if permitted, industrial waste from
such buildings for transmission to and treatment in the Township sewer
system. Sewer service charges are established in order to reasonably
meet and defray costs and expenses associated with the sewer system
as permitted by N.J.S.A. 40A:4-35.1.
[Ord. #07-1254, S 2; Ord. #09-1311, S 1; Ord. #10-1350, S
1; Ord. #11-1378; Ord. #12-1406, S 2; Ord. #14-1461 S 2; Ord. #2015-1489
S 2; Ord. No. 16-1513; Ord. No. 16-1513; Ord. No. 17-1541 § 2; amended 4-5-2018 by Ord. No. 18-1572; 3-21-2019 by Ord. No. 19-1606]
a.
There is hereby established an annual sewer service charge per unit
to be computed as follows:
[Amended 3-19-2020 by Ord. No. 20-1635; 5-19-2022 by Ord. No. 22-1682; 4-20-2023 by Ord. No. 23-1697]
1.
$276 per unit for costs of billing, administration and debt service;
plus
2.
$11.06 per CCF ($14.79 per 1,000 gallons), or part thereof, per unit
of the lesser of the following, for costs of operation, improvement,
contingencies and maintenance of the sewer system:
(a)
Provided there has been positive metered water use in the calendar
year preceding the service year, the unit's metered water use for
the calendar year preceding the service year; or
(b)
Provided there has been positive metered water use in at least
three of the first four months and the last two months of the calendar
year preceding the service year, the sum of the unit's first four
months and the last two months of metered water use of the calendar
year preceding the service year, multiplied by two.
b.
This capacity charge is subject to revision by the Township as may
be appropriate and provided by law.
[Ord. #07-1254, S 2; Ord. #09-1311, S 1; Ord. #2015-1489
S 3; amended 3-21-2019 by Ord. No. 19-1606]
a.
The Township shall obtain metered water use readings from the public
utility company that provides water service to each unit in the Township.
Sewage effluent meters, if any, shall be read annually by the Director
of Wastewater Operations or qualified member of the Department of
Public Works.
b.
Readings from water meters exclusively dedicated to irrigation systems,
and other outdoor water uses that do not discharge to the sewer system,
will not be used in the calculation of sewer service charges.
c.
Owners of any premises connected to the sewer utility shall provide
the public water utility account number or premises number to the
Township.
[Ord. #07-1254, S 2; Ord. #09-1311, S 1; Ord. #09-1350, S
1; amended 3-21-2019 by Ord. No. 19-1606]
a.
If a single-family dwelling is not connected to a public water utility and obtains its water supply from an unmetered private well, for the purpose of calculating its water use under Subsection 12-10.2a2 above, it shall be estimated to use 67,000 gallons of water per year. If a use other than a single-family dwelling unit is not connected to a public water utility and obtains its water supply from an unmetered private well, for the purpose of calculating its water use under Subsection 12-10.2a2, it shall be deemed to use an amount equivalent to its annual allocated capacity.
b.
In instances where a unit is served by a private well, the unit owner may install, at the owner's cost and expense, and in accordance with rules and regulations promulgated by the Township Engineer and approved by resolution of the Township Committee, additional water meter(s) obtained from the Township. Meters installed pursuant to this Subsection 12-10.4 shall be read by the unit owner in accordance with the rules and regulations promulgated by the Township Engineer and approved by the Township Committee, subject to the Township's right to inspect the optional meter between the hours of 8:00 a.m. and 6:00 p.m., and recalculate the charges in the event the unit owner submits inaccurate meter readings to the Township. The water use readings for such premises shall be used in a manner consistent with Subsection 12-10.2a2 and the rules and regulations promulgated by the Township Engineer and approved by the Township Committee to determine the sewer service charge per unit.
c.
All connections to the sewer made after October 1, 2007, shall be
equipped with either a water meter or, where permitted by the Director
of Wastewater Operations for nonresidential uses having consistent
and high volume flow, a sewage effluent meter for each unit.
[Ord. #07-1254, S 2]
Nothing in this section shall preclude the Township from charging
a surcharge or entering into an agreement with any user discharging
industrial wastes or volume in excess of its allocated capacity pursuant
to a schedule of rates to be established by the Township.
[Ord. #07-1254, S 2; amended 2-6-2020 by Ord. No. 20-1627]
Sewer service charges shall be billed annually with one-half (1/2) the charge due and immediately payable the first day of June and the other one-half (1/2) due and immediately payable the first day of September. The bills shall include notification of the rates charged under subsections 12-10.2 and, if applicable, 12-10.6 above. Should any bill or part thereof remain unpaid for a period of 30 days, said bill or part thereof shall be considered delinquent and subject to payment of interest at a rate determined in accordance with N.J.S.A. 40A:26A-17 from the due date until such time as the bill is paid in full. Owners may make written request of the Township to send the sewer service bill to an occupant of the building, but the owner will remain liable to the Township for any unpaid sewer service charges.
[Ord. #07-1254, S 2]
In the event any bill for sewer service remains unpaid for a
period of 90 days from the due date thereof, the Township shall have
the right to discontinue sewer service to the property affected, upon
written notice in accordance with N.J.S.A. 40A:26A-12. Sewer service
shall not be restored until the Township has received payment in full
for the bill rendered, with interest thereon together with a sum in
the amount of $100 for the cost of restoring service. Every unpaid
claim for sewer service remaining delinquent and unpaid for a period
of six months from the date when due, together with all charges and
expenses incident thereto shall, in the manner provided by law, become
a first lien upon the property affected and collection shall be enforced
in the same manner as liens for taxes upon real estate.
[Ord. #09-1311, S 2; Ord. No. 12-1406, S 2]
In the event a building owner contends that there is an error in the portion of the sewer service charge calculated on the basis of water usage pursuant to subsection 12-10.2a2, as shown on the final bill for the service year, the owner may apply for an adjustment to that portion of the sewer service charge. An application for an adjustment shall be filed in writing with the office of the Tax Collector. The deadline to file an application for an adjustment is June 1 of the service year for which the bill is rendered. No application filed after that date shall be considered. No applications for adjustments to prior service years shall be considered. The application shall be referred to the Township Engineer who shall have the authority to adjust the charge for good cause shown by the owner. The determination of the Township Engineer shall be final. "Good cause" may be demonstrated by the owner's presentation of clear and convincing evidence of a broken water meter, a broken water pipe or fixture that resulted in substantial quantities of water being metered but not discharged into the sewer system, and/or other exceptional circumstance of documented water use that did not result in discharge to the sewer system.
Former subsection 12-10.9, One Time Grace Period to Obtain Recalculation
of Sewer Service Charges from Installation of Water Meters in Premises
Served by Private Wells, previously codified herein and containing
portions of Ordinance No. 09-1311, was repealed in its entirety by
Ordinance No. 12-1406.
Former subsection 12-10.10, Refund of Plumbing Subcode Fees
Collected for Installation of Certain Water Meters, previously codified
herein and containing portions of Ordinance No. 09-1311, was repealed
in its entirety by Ordinance No. 12-1406.
[Ord. #01-1044, S 2]
Although, pursuant to subsection 12-6.3, the discharge of any stormwater or other liquid conveyed through a storm sewer, surface water, groundwater, roof runoff, subsurface drainage and discharge from a sump pump into the Township sewer system is prohibited, a continuing source of groundwater and stormwater entering the Township sewer system is illegally connected sump pumps, roof drains and other drains. These illegal connections introduce large quantities of extraneous sources of flow into the Township sewer system, particularly during periods of high groundwater and rainfall. It is, therefore, in the best interests of the Township to eliminate these extraneous sources of flow and avoid the significant expense of treating said discharges through the Township sewer system.
[Ord. #01-1044, S 2; Ord. #05-1196, S 2]
The Township Committee hereby establishes the following program
to ensure the elimination of the connections of the sump pumps, roof
drains and other drains that convey rainwater, service water, condensate
or other liquids that are not sewage to the Township sewer system:
a.
Disconnection from Sewer System Required. Any person on whose property
there exists any connection of a sump pump, roof drain or other drain
that conveys rainwater, service water, condensate or other liquids
that are not sewage to the Township sewer systems shall, at his/her
sole expense, cause said connection to be disconnected immediately.
b.
Permitted Use. After the sump pump, roof drain or other drain has been disconnected from the Township sanitary sewer system, said person shall be permitted to continue to utilize said sump pump, roof drain or other drain provided he/she complies with the provisions of section 11-4, Storm Sewers, of this Code.
[Ord. #01-1044, S 2]
Prior to the transfer of title of any real property which is
connected to the Township sewer system, the owner shall obtain a certificate
of sump pump compliance from the Chief Sewer Plant Operator, or his/her
designee. This certificate may be obtained by having an inspection
by the Chief Sewer Plant Operator, or his/her designee, to determine
whether there are any sump pumps, roof drains or other drains improperly
connected to the Township sewer system. The fee for said inspection
and issuance of a certificate shall be $50, which shall be paid by
the property owner prior to inspection. A fee of $25 shall be required
for any reinspection which shall be paid prior to the reinspection.
[Ord. #01-1044, S 2]
Any property owner who has failed to disconnect any sump pump, roof drain or other drain from the Township sewer system following the adoption of this section shall be deemed in violation of this section and subject to prosecution under this section and to the penalties provided for in section 12-14 of this Code.
[Ord. #89-643, S 1; Ord. #01-1044, S 1]
If any person shall be aggrieved by a decision or determination
of the Township Engineer, Chief Sewer Plant Operator or the authorized
agent, appeal in writing to the Township Committee may be taken within
10 days from the date of such decision or determination. A hearing
thereon shall be had within a period of 20 days from the filing of
said appeal. After such hearing, the Township Committee may affirm,
modify or reverse the decision or determination under review by a
recorded vote of a majority of the members present.
[Ord. #89-643, S 1; Ord. #01-1044, S 1]
In addition to any other rights granted the Township by law,
the agent and employees of the Township shall have the right to enter
any building and premises connected to any sewer system whenever necessary
to examine the same or records pertinent thereto or to do any work
in or thereon, provided that such entry shall be at reasonable times
and upon reasonable notice, if notice is feasible, to the owner or
occupant thereof.
[Ord. #89-643, S 1; Ord. #01-1044, S 1]
Any person who violates any provision of this chapter or who otherwise fails to comply with any of the requirements of this chapter, or who shall refuse the Township Engineer, the Chief Sewer Plant Operator, Plumbing Inspector, or their agents, or the authorized agent, reasonable opportunity for inspection, shall for each such violation or offense be subject to the penalty, upon conviction, as stated in Chapter 1, section 1-5. In addition, anyone who intentionally or unintentionally discharges into the sewer system contrary to the provisions of this chapter shall be liable to the Township for any damage to the sewer system, costs incurred by the Township in clean-up or repair of the sewer system, or penalties imposed by the N.J.D.E.P. resulting from the improper discharge. The Township Engineer shall prepare a list of all such costs and certify the same to the Township Committee. After the Township Committee has reviewed and approved said costs, they shall be collected in the same manner provided by subsection 12-10.6 of this chapter.
