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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
Part I
Required Connections
[Ord. No. 3-65 § 1]
As used in this chapter:
BOARD OF HEALTH
Shall mean the Board of Health of the Township of Chatham in the County of Morris, New Jersey, and its duly authorized agents.
BUILDING
Shall mean any structure having a plumbing system.
BUILDING SEWER
Shall mean a pipeline for the transmission of sewage from a building to a house connection or other part of a sanitary sewer system.
HOUSE CONNECTION
Shall mean a pipeline forming a part of a sanitary sewer system and installed to receive sewage from a building sewer.
PERSON
Shall mean any individual, firm, partnership, corporation, company, association or other legal entity.
SANITARY SEWER SYSTEM
Shall mean a system for the reception, transmission and disposal of sewage from two or more residences or other buildings, including any and all house connections, lateral sewers, interceptor sewers and appurtenances thereto all of which are located within any street or road or within any easement or right-of-way, whether such facilities are owned by the Township or are proposed to be transferred to the Township.
SEWAGE
Shall mean liquid waste containing animal or vegetable matter in suspension or solution from residences or other buildings.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris, New Jersey.
[Ord. No. 3-65 § 2]
a. 
General. Every owner of a property shall connect any building thereon to a sanitary sewer system within 90 days after the receipt of a written notice from the Board of Health, provided that a house connection or lateral sewer of such system is within 100 feet of such property.
b. 
New Buildings. The Board of Health may require that any building for which a building permit is issued after the date of the adoption of this chapter be connected to a sanitary sewer system, provided that a house connection or lateral sewer of such system is within 100 feet of the property upon which such proposed building will be located.
[Ord. No. 3-65 § 3]
No person shall connect any building sewer to any house connection, lateral sewer, interceptor or other part of a sanitary sewer system until a permit for such connection shall have been issued by the Township Clerk pursuant to the provisions of subsection 17-1.4 of this chapter.
[Ord. No. 3-65 § 4; Ord. No. 21-69 § 1; Ord. No. 93-011 § 1; Ord. No. 93-21 §§ 1, 2; Ord. No. 98-031 §§ 1, 2]
a. 
All applicants for permits shall submit to the Township Clerk five copies of the application form which is available in the office of the Township Clerk. The application shall contain: a description of the proposed use; calculation of design flow; gross square footage of buildings, if nonresidential; number of dwelling units, if residential; and such other information as may be requested in the application form. Attached to each application for residential uses, not subject to site plan review, the applicant shall provide proof the plans have been approved by the Zoning Officer or Construction Official. In all other cases, the applicant shall attach to each application the resolution of approval of the development application from the Planning Board or Zoning Board of Adjustment, or an agreement in settlement of actual or anticipated litigation authorizing application for a specific project. The applicant may submit any other documentation in support of the application for the permit.
b. 
Upon submission of an application for a permit, the applicant shall deliver to the Township Clerk an application fee in the amount of $200 for the first equivalent connection, and $25 for each additional equivalent connection or part thereof.
c. 
Upon receipt of the application, the Township Clerk shall forward a copy of the application to the Township Administrator or his designee, who shall review the application within 10 days and advise the applicant and Township Clerk, in writing, if the application is incomplete, is recommended for approval, or is recommended for denial. If the Township Administrator or his designee finds the application is incomplete, notice to the Township Clerk and applicant shall include a list of the items required to make the application complete. When submitted by the applicant to the Township Clerk, the additional items shall be resubmitted to the Township Administrator/designee for another review. If the application is recommended for denial, the Township Administrator/designee shall state the reasons for such recommendation. Upon receipt of the recommendation of the Township Administrator/designee for approval or denial, the Township Clerk shall forward copies of the application and recommendation to the governing body, Administrator and Attorney.
d. 
In the event of a recommendation for approval, the governing body shall take final action by resolution.
e. 
In the event of a recommendation for denial, the applicant shall have 20 days from the date notice of the recommendation is mailed to the applicant to request, in writing, through the Township Clerk, a hearing on the matter before the governing body. Along with such request, the applicant shall submit a fee in the amount of $750 to cover the cost of the hearing. The governing body shall conduct a hearing on the request, and reach a final decision within 60 days of the filing of the appeal with the Township Clerk. In the event the applicant does not request a hearing, the recommendation of the Township Administrator/designee shall be presented to the governing body for final action without a hearing.
f. 
Prior to the municipality making any endorsement of an application to the New Jersey Department of Environmental Protection, and as a condition of approval of any local authorization for a permit, the applicant shall pay to the Township the connection fee set forth in this chapter. Any Township approval of an application for a permit which requires NJDEP approval shall be made subject to such NJDEP approval.
g. 
On and after January 1, 1970, no permit for connection of a building with a sanitary sewer system shall be issued until a fee of $250 payable to the Township shall be delivered to the Township Clerk, such fee to be in addition to the fees hereinabove required and to cover municipal expenses required in reviewing the plans and specifications for the connection and inspecting work performed in making the connection, provided, however, that the fee shall not be required for the issuance of a permit to connect to a house connection or tee which was installed by the Township pursuant to Township Ordinance 4-66, 5-66 or 6-66, and further provided that only one fee of $250 shall be required for the connection of a major subdivision in which lateral sewers shall be installed by the developer.
h. 
The permit to install and/or connect sanitary sewer lines into the sanitary sewer system shall be valid for two years after issuance or after the expiration of a building construction permit for the affected property, whichever occurs later.
[Ord. No. 3-65 § 5; Ord. No. 5-72 § 1; Ord. No. 11-73 § 1; Ord. No. 20-82 § 1]
a. 
All branch connections, house connections, building sewers and appurtenances shall be designed, constructed and installed in accordance with applicable specifications contained in "Township of Chatham Standard Construction Details, January 10, 1982," copies of which are on file in the office of the Township Clerk in the Township Hall and in the office of the Township Engineer at 405 Southern Boulevard. Any deviation from such specifications shall be approved in writing by the Township Engineer.
b. 
Whenever connections made to a lateral sanitary sewer are carried directly into a dwelling in one operation the Township Engineer shall inspect all work within the street right-of-way or municipal easement and the Plumbing Subcode Official shall inspect the rest of the work.
c. 
Continuation of an existing lateral sanitary sewer within a street right-of-way or municipal easement shall be inspected by the Township Engineer.
d. 
House connections made during installation of a lateral sanitary sewer and house connections terminating within a street right-of-way or municipal easement shall be inspected by the Township Engineer.
e. 
All expenses incident to connection of a building with a sanitary sewer system shall be borne by the property owner, and the property owner shall be liable to the Township for any damage or injury to any sanitary sewer system occasioned by connection with such system.
f. 
The Board of Health and the Township Engineer shall have the right to inspect all work relating to any connection of a building to a sanitary sewer system and to enter upon any property in order to make such inspection, and no building sewer shall be covered until after it has been inspected by the Board of Health and Township Engineer.
g. 
The Township Engineer shall have the right during reasonable hours to enter any property or building for purposes of inspecting any building sewer and drains connected therewith whenever there is reason to believe that a violation of any provision of this chapter exists.
[Ord. No. 3-65 § 6; Ord. No. 7-69 § 1]
No person shall discharge or permit the discharge through a building sewer of any of the following into a sanitary sewer system:
a. 
Gasoline, naptha, petroleum products, or any substance which may create an explosion hazard in any sanitary sewer system.
b. 
Oils, fats or grease, except as may result from normal kitchen operation.
c. 
Rubbish, ashes or cinders.
d. 
Any liquid or vapor having a temperature higher than 150° F.
e. 
Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage disposal plant.
f. 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the sanitary sewer system.
g. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
h. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
i. 
Water or waste from any swimming pool.
j. 
Surface or rain water from yards, driveways, roofs or cellar drains.
k. 
Washings from vehicles of any type, except through a silt-basin of suitable size, properly protected by a grating, and trapped, from which the deposits shall be removed by hand as often as may be required by the Board of Health.
l. 
Wastes from garages and stables, unless the building sewer is properly trapped under the floor and protected by proper gratings and screens.
m. 
Refrigeration or air conditioning water.
No person shall discharge into any manhole or into any other component part of a sanitary sewer system any of the solids or liquids enumerated in a through m above, or any waste, or any solids or liquids which will adversely affect the operation of such sanitary sewer system.
[Ord. No. 4-67 § 1]
The owner of each property which is connected to a sanitary sewer system shall at his own cost and expense maintain the entire building sewer and the entire house connection serving such property in an unobstructed condition so as to provide for the transmission of sanitary sewage from the building to the lateral sewer.
[Ord. No. 21-80 § 1]
a. 
For purposes of enforcing the provisions of subsection 17-1.6 of this chapter which prohibits certain discharges into a sanitary sewer system through a building sewer, Township representatives may at reasonable times inspect any building sewer and connections therewith. In the event that access to any part of a building sewer is refused by the owner or occupant of any buildings, the Township representative who is refused access shall immediately report the refusal and any reason given therefor to the Township Committee for appropriate action, including compulsory process if necessary.
b. 
Whenever a violation of subsection 17-1.6 of this chapter is found, the owner of the property shall be notified in writing thereof and shall be ordered to disconnect any improper pipes or other facilities within 30 days after the receipt of such notice.
c. 
Should an inspection made subsequent to the expiration of the thirty-day period indicate non-compliance with the order, a report shall be filed with the Township Committee, which may institute a proceeding for violation of this section.
[Ord. No. 3-65 § 7]
No person shall tamper with, uncover, remove, break, damage or deface any sanitary sewer system or any portion thereof or appurtenances thereto, nor in any way interfere with the operation of such system.
[Ord. No. 3-65 § 8; New]
Any person convicted of a violation of this chapter shall be liable to the penalty stated in Chapter 1, Section 1-5, for each and every offense. In the case of a continuing violation, each day that a violation is permitted to continue shall constitute a separate offense.
Part II
Residential Sewer Connection Fee
[Ord. No. 14-92, Preamble]
The Municipal and County Sewerage Act (N.J.S. 40:26A-1 et seq.), which took effect January 1, 1992, requires municipalities to use the formula set forth in the Act to calculate sewer connection fees, and this section is intended to conform to the requirements of the Act.
[Ord. No. 14-92 § 1]
a. 
In addition to sewer service charges which have been established by subsections 17-1.1 through 17-1.10, a separate charge in the nature of a connection fee or tapping fee for each connection of any property to the sewerage system shall be imposed upon the owner or occupant at the property so connected. The connection charges shall be uniform within each class of users and the amount thereof shall not exceed the actual costs of the physical connection plus an amount representing a fair payment toward the cost of the system and computed in the following manner:
1. 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and interest thereon, paid by the Township to defray the capital cost of developing the system as of the end of the immediately preceding budget year shall be added to all capital expenditures made by the Township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceeding budget year;
2. 
Any gifts, contributions or subsidies to the Township received from, and not reimbursed or reimbursable to, any Federal, State, county or municipal government or agency or any private person, and that portion of amounts paid to the Township by a public entity under a service agreement or service contract which is not repaid to the Township by the local unit or units, shall then be subtracted;
3. 
The remainder shall be divided by the total number of service units served by the appropriate sewer service district at the end of the immediately preceding budget year, and the results shall then be apportioned to each new customer according to the number of service units attributed to that connector, to produce the connector's contribution to the cost of the system. In attributing service units to each connector, the estimated average daily flow of sewage for the connector shall be divided by the average daily flow of sewage for the average single family residence in the area served by the local unit or units to produce the number of service units to be attributed.
b. 
The connection fee shall be recomputed at the end of each budget year, after a public hearing is held. The revised connection fee may be imposed upon those who subsequently connect to the system in that budget year.
c. 
The combination of the connection fee or tapping fee and the aforesaid sewerage use charges shall be such that the revenues of sewerage facilities shall be adequate to pay the expenses of operation and maintenance of the sewerage facilities, including improvements, extensions, enlargements and replacements to sewerage facilities, reserves, insurance, principal and interest on any bonds, and to maintain reserves or sinking funds therefor as may be required under the bond covenants or any contracts, or as may be deemed necessary desirable.
[Ord. No. 14-92 § 2]
Rates, rentals, connection fees or other charges levied in accordance with N.J.S. 40A:26A and 40A:26A-11, and this chapter, shall be a first lien or charge against the property benefited therefrom. If any part of the amount due and payable in rates, rentals, connection fees or other charges remains unpaid for 30 days following the date for the payment thereof, interest upon the amount unpaid shall accrue at a rate of interest to be determined in accordance with N.J.S. 40A:26A-17. The Township Committee may authorize payment of delinquent assessments on an installment basis in accordance with N.J.S. 54:5-19. Liens levied in accordance with this section shall be enforceable in the manner provided for real property tax liens in N.J.S. 54:5.
Nothing in this subsection shall be construed to limit the right of the Township to discontinue service of any property for the failure to pay any amount owing within 30 days after the date the amount is due and payable, if written notice of the proposed discontinuance of service and of the reasons therefor have been given, within at least 10 days prior to the date of discontinuance, to the owner of record of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied if the mailing is made to the last known address of the owner of record and is postmarked at least 10 days prior to the date of discontinuance.
[Ord. No. 14-92 § 3]
a. 
Payment of the entire connection or tapping fee shall be made prior to the issuance of the first Certificate of Occupancy for the development or building. If, however, Site Plan Approvals are granted by the Planning Board by sections of a residential development, then payment of the contribution shall be by sections and shall be made prior to the issuance of the first Certificate of Occupancy in each of the sections.
b. 
While the Township is subject to a sewer connection ban, the developer of any subdivision in the sewer service area who installs dry sewer lines shall pay the entire contribution prior to the issuance of the first Certificate of Occupancy for the development. If, however, site plan approvals are granted by the Planning Board by sections, then payment of the contribution shall be by sections and shall be made prior to the issuance of the first Certificate of Occupancy in each of the sections.
[Ord. No. 14-92 § 4; Ord. No. 93-22; Ord. No. 94-12; Ord. No. 95-20; Ord. No. 97-003; Ord. No. 98-031 § 3; Ord. No. 99-003]
a. 
The residential sewer connection fee for properties serviced, or to be serviced, by Water Pollution Control Plan #1 calculated by applying the formulae set forth in this section, shall be $3,275.
b. 
The total amount of the connection fee shall be determined by the equivalent number of connections assigned to the building, structure or premises to be connected in accordance with the following standards and provisions:
1. 
Each single family individual detached residential building is assigned one equivalent connection.
2. 
All other residential buildings are assigned one equivalent connection for each dwelling unit in the building.
3. 
The number of equivalent connections for all other buildings, structures, or premises shall be determined by establishing design flow as established by the New Jersey Department of Environmental Protection in N.J.A.C. 7:14A-23.3 as may be modified and amended. The computed design flow, based on gallons per day, shall then be divided by 300. The quotient shall be rounded off to the next highest quarter to determine the total number of equivalent connections (e.g., 1.00, 1.25, 1.50, 1.75, 2.00. . .). In no event shall the equivalent connection assigned to any building, structure or premises be less than one equivalent connection.
[Ord. No. 98-031 § 4]
The New Jersey Department of Environmental Protection has advised the Township that no applications for treatment works approvals will be approved by the Department if the permitted flow at the local sewerage treatment plant is exceeded by actual and committed flow. Recognizing the sewerage treatment plant has limits on capacity established by the Department, the Township desires to establish a capacity assurance system in order to protect against exceeding flow limits. The purpose of the following provisions is to establish such capacity assurance through a system which is fair to all affected parties.
a. 
No permit for connection shall be issued by the governing body, except as may be provided below, if the reported flow at the sewerage treatment plant, averaged for the three highest consecutive months in the most recent twelve-month period, combined with committed flow approved but not yet connected, exceeds permitted flow.
b. 
The only exceptions to the provisions of paragraph a shall be those applications which satisfy the requirements for sewer ban exemptions established by the New Jersey Department of Environmental Protection.
c. 
In the event the Township approves a permit application but the New Jersey Department of Environmental Protection denies approval of a related treatment works application, the connection fee paid in conjunction with the application shall serve to reserve capacity for the project and property for which the Township endorsed approval, provided however, that the applicant may withdraw its application and release its capacity reservation upon written notice to the municipality within 30 days of final DEP disapproval of the application or six months following the date of the municipal resolution authorizing the endorsement of the application, whichever first occurs. Upon such written notice, the connection fee theretofore paid shall be refunded and the applicant shall have no further permission or priority for connection.
d. 
In the event the Township denies an application for a connection permit based on inadequate capacity, the applicant may then request, in writing, that the application be considered an application for a reservation of capacity for the project and property. Upon approval of the reservation, and payment of the connection fee, the applicant shall be entitled to capacity if and when it becomes available. The applicant may, after having received approval of a reservation, release such capacity reservation upon written notice to the municipality within six months following the date of the municipal resolution authorizing the reservation of capacity. Upon such written notice the connection fees theretofore paid shall be refunded, and the applicant shall have no further rights or priority for connection.
e. 
The Township shall maintain a priority list of those projects for which capacity has been approved or reserved in order of date of approval by resolution adopted by the Township. In the event of the existence of a reservation, upon the creation or existence of additional capacity in the system, available capacity shall be allocated to those projects and property on the list in order of priority established by the date of the resolutions adopted by the governing body.
f. 
No connection approval or reservation of capacity may be transferred or assigned from one property or project to another property or project.
g. 
In the event of a change in the project on the property for which capacity has been reserved or approved, if the change in the project requires a revised application for approval of the development to the Planning Board or Zoning Board of Adjustment, the project shall lose its relative position on the priority list and require a new date of endorsement by resolution of the governing body based on the revised approval of the appropriate Board. In such event, no new capacity reservation or connection fee shall be charged, except to the extent of any proposed increased flow beyond what was earlier reserved or approved.
h. 
Applicants who have reserved capacity on the priority list shall not be permitted to continue to reserve the capacity without making a connection within a reasonable time, as the reservation will prevent others from connecting to the sewer system who would be otherwise able to do so if capacity becomes available. As a result, once the protections and vested rights under the Municipal Land Use Law granted in connection with any application for development terminate, the applicant's project shall be removed from the priority list and the capacity reservation shall expire. Any applicant may request a reasonable extension of time, not to exceed one year, based on hardship which may be granted by the governing body provided the request for an extension of time is submitted prior to expiration of the time limits provided in this paragraph. In the event a project is removed from the priority list and the reservation expires, upon reapplication for an application for the same or a different project on the same property, a credit shall be given to the applicant toward any then computed connection fee equal to the amount of connection fee paid in connection with the prior application.
[Ord. No. 13-82, Preamble]
The Township of Chatham in the County of Morris owns and operates a certain system for the collection, treatment and disposal of sanitary sewage which consists of a water pollution control plant on Tanglewood Lane, pumping stations and tributary interceptor and lateral sewers and appurtenances.
It is deemed to be in the best interests of the Township to provide for the operation and maintenance of the aforesaid system as a self-liquidating municipal public utility for all purposes of both the Local Bond Law of New Jersey, N.J.S. 40A:2-1, et seq., and the Local Budget Law of New Jersey, N.J.S. 40A:3-1, et seq.
[Ord. No. 13-82 § 1; Ord. No. 99-012 § 1; Ord. No. 99-021 § 1]
The following facilities shall be known as the "Township of Chatham Water Pollution Control System No. 1": all facilities owned and operated by the Township for the collection, treatment and disposal of sanitary sewage, including the water pollution control plant on Tanglewood Lane and all pumping stations, interceptor sewers, lateral sewers and appurtenances to any of the foregoing, all of which are now or may hereafter be located within that area of the Township which is delineated as "Water Pollution Control Area No. 1" upon a map entitled "Sewer Service Area, Township of Chatham, County of Morris, New Jersey," revised June 11, 1999, which map is made a part of this chapter.[1]
[1]
Editor's Note: The map referred to herein may be found in the office of the Township Clerk.
[Ord. No. 13-82 § 2]
Upon and after the effective date of this section, Township of Chatham Water Pollution Control System No. 1 shall be operated and maintained as a self-liquidating municipal public utility for all purposes of both the Local Bond Law of New Jersey and the Local Budget Law of New Jersey.
[Ord. No. 13-82 § 3]
The municipal public utility established by this section is hereby found and determined to be a utility, enterprise or purpose authorized to be undertaken by the Township and from which it may receive fees, rents and other charges as to connection with and use of the facilities of such municipal public utility, and such fees, rents and other charges shall be held, used and applied in accordance with the provisions of the Local Bond Law, the Local Budget Law and any other applicable statute or regulation.
[Ord. No. 1-83 § 1; Ord. No. 1-87 § 1; Ord. No. 3-88 § 1; Ord. No. 3-89 § 1; Ord. No. 7-90 § 1; Ord. No. 6-93 § 1; Ord. No. 95-05; Ord. No. 2000-14 §§ 1, 2; Ord. No. 2003-016 §§ 1-3; Ord. No. 2007-01 § 1; Ord. No. 2012-17; Ord. No. 2017-18]
a. 
The owner of every property connected to Water Pollution Control System No. 1 shall pay an annual service charge in accordance with the following schedule:
1. 
The annual service charges for the Water Pollution Control System No. 1, as set forth at subsection 17-3.1a, Service Charges Established, of the Township Code, are hereby amended commencing January 1, 2018, as follows:
Use
Annual Service Charge
(a)
Single-family dwelling
(1) Without accessory office use
$750
(2) With accessory office
$1,500
(b)
Church
$330
(c)
All other uses (commercial and institutional)
$7 per 100 cubic feet of water consumed (approximately 748 gallons). There shall be a minimum charge of $750 annually.
Service charges for "all other uses" shall be billed initially on an estimated basis using the most recent consumption figures available, and such service charges shall be adjusted on the basis of water consumption, provided, however, that any property owner using water in a manner causing it not to enter a sanitary sewer shall be entitled to an allowance therefor to the extent that the volume of such use can be established by the property owner.
b. 
The annual service charge shall be payable quarterly in four equal installments due March 1, June 1, September 1, and December 1.
[Ord. No. 1-83 § 2]
In the case of new connections, the annual service charge provided in subsection 17-3.1 above shall be prorated according to the number of months during which service is provided. Service shall be deemed to be provided commencing on the first day of the month next following the issuance of a permit by the Township Clerk to connect the building to Water Pollution Control System No. 1, provided, however, that in the case of a new building as to which a Certificate of Occupancy is issued after the issuance of a permit to connect, service shall be deemed to be provided commencing on the first day of the month next following the issuance of the Certificate of Occupancy, and further provided, however, that whenever the Township Board of Health shall issue a notice to an owner of a property to connect a building thereon to the system within a specified period of time and no permit to connect has been issued prior to the termination of such specified period, then service shall be deemed to be provided commencing on the first day of the month next following the termination of the period during which connection is required to be made.
[Ord. No. 1-83 § 3; Ord. No. 7-90 § 2]
The annual service charge shall be payable quarterly in four equal installments due March 1, June 1, September 1 and December 1.
[Ord. No. 1-83 § 4]
If any bill for service charges remains unpaid after the due date, the amount due shall bear interest at the rate of 8% per annum. Service charges, and any interest thereon, provided by this section shall be liens on the respective properties against which such charges are made, and payment may be enforced in the same manner provided for the collection of taxes.
[Ord. No. 2-84, Preamble]
Pursuant to the Chatham Glen Development Agreement dated April 26, 1983 and recorded in the Morris County Clerk's Office on May 27, 1983 in Deed Book 2672 at pages 1&c, the Township of Chatham in the County of Morris is acquiring a complete system for the collection, treatment and disposal of sanitary sewage which consists of a water pollution control plant off Mt. Vernon Avenue, collector sewers and appurtenances to the foregoing, which system will serve the Chatham Glen condominium project.
It is deemed to be in the best interests of the Township to provide for the operation and maintenance of the aforesaid system as a self-liquidating municipal public utility for all purposes of both the Local Bond Law of New Jersey, R.S. 40A:2-1, et seq., and the Local Budget Law of New Jersey, R.S. 40A:4-1, et seq.
[Ord. No. 2-84 § 1]
The following facilities shall be known as the "Township of Chatham Water Pollution Control System No. 2": all facilities owned and operated by the Township for the collection, treatment and disposal of sanitary sewage, including the water pollution control plant off Mt. Vernon Avenue and all collector sewers and appurtenances to the foregoing, all of which are now or may hereafter be located within the area of the Township which is delineated as "Water Pollution Control Area No. 2" upon a map entitled "Map Delineating Water Pollution Control Areas No. 1 and No. 2, Township of Chatham, Morris County, New Jersey" dated February 1984 and prepared by Robert C. Kirkpatrick, Jr., Township Engineer, which map is made a part of this chapter.[1]
[1]
Editor's Note: A copy of the map referred to herein can be inspected in the office of the Township Clerk.
[Ord. No. 2-84 § 2]
Upon and after the effective date of this section, Township of Chatham Water Pollution Control System No. 2 shall be operated and maintained as a self-liquidating municipal public utility for all purposes of both the Local Bond Law of New Jersey and the Local Budget Law of New Jersey.
[Ord. No. 2-84 § 3]
The municipal public utility established by this section is hereby found and determined to be a utility, enterprise or purpose authorized to be undertaken by the Township and from which it may receive fees, rents and other charges as to connection with and use of the facilities of such municipal public utility, and such fees, rents and other charges shall be held, used and applied in accordance with the provisions of the Local Bond Law, the Local Budget Law and any other applicable statute or regulation.
[Ord. No. 15-84 §§ 1, 3; Ord. No. 4-86 § 1; Ord. No. 2-87 § 1; Ord. No. 6-88 § 1; Ord. No. 7-89 § 1; Ord. No. 8-90 §§ 1, 2; Ord. No. 7-93 § 1; Ord. No. 96-008 §§ 1 — 4; Ord. No. 98-009 §§ 1 — 4; Ord. No. 2003-017 § 1; Ord. No. 2007-02 § 1; Ord. No. 2012-18; Ord. No. 2017-19]
a. 
The owner of every property connected to Water Pollution Control System No. 2 (a self-liquidating municipal public utility established by Ordinance 2-84 entitled "An Ordinance of the Township of Chatham, in the County of Morris, New Jersey, Providing for the Operation and Maintenance of Water Pollution Control System No. 2 as Self-Liquidating Municipal Utility" adopted on March 1, 1984) shall pay an annual service charge in accordance with the following schedule:
Use
Annual Service Charge
Manor house or townhouse .
Charge is effective January 1, 2018.
$610
b. 
The annual service charge shall be payable quarterly in four equal installments due March 1, June 1, September 1, and December 1.
c. 
(Reserved)
d. 
Sewer charges for newly constructed units shall be prorated from the first of the month of issuance of its Certificate of Occupancy.
[Ord. No. 15-84 § 4]
If any bill for service charges remains unpaid after the due date, the amount due shall bear interest at the rate of 8% per annum. Service charges, and any interest thereon, provided by this section shall be liens on the respective properties against which such charges are made, and payment may be enforced in the same manner provided for the collection of taxes.
[Ord. No. 3-74, Preamble]
a. 
The Township of Chatham owns and operates a certain system for the collection, treatment and disposal of sanitary sewage from lands within a portion of the Township, which system is hereinafter referred to as the "Township Sanitary Sewer System" and which system includes a central sewage treatment plant and aerated stabilization pond completed in 1967, interceptor sewers, lateral sewers and pumping facilities.
b. 
The Township Sanitary Sewer System was designed and constructed in accordance with a comprehensive plan so as to permit expansion when required by the future growth and development of the Township.
c. 
In 1969 the State Department of Environmental Protection upgraded the standards for effluent produced by sanitary sewage treatment facilities in the Upper Passaic Watershed from 40 milligrams per liter of bio-chemical oxygen demand and 40 milligrams per liter of suspended solids to 25 milligrams per liter of bio-chemical oxygen demand and 25 milligrams per liter of suspended solids.
d. 
In early 1971 the Township requested Elson T. Killam Associates, Inc., Consulting Engineers, Millburn, New Jersey, to review the Township Sanitary Sewer System and comment upon any need for its expansion in view of current and anticipated growth and development of the Township and the higher degree of treatment required.
e. 
The review by Elson T. Killam Associates, Inc. in early 1971 indicated the desirability of undertaking a feasibility study relating to the expansion of the Township Sanitary Sewer System.
f. 
In July 1971 the Township Committee resolved that an application be made to the State Department of Environmental Protection under the State Public Sanitary Sewerage Facilities Act for a Feasibility Study and Report Grant for the possible expansion of the Township Sanitary Sewer System, but the Township was advised sometime thereafter by the State Department of Environmental Protection that funds were not available for a feasibility study and report.
g. 
Thereafter the Township at its own cost and expense arranged with Elson T. Killam Associates, Inc. for the preparation of a report on the need for expansion of the Township Sanitary Sewer System, and such a report entitled "Township of Chatham, Morris County, New Jersey — Report upon Sewerage Expansion" was completed in November 1972.
h. 
The aforesaid report submitted to the Township by Elson T. Killam Associates, Inc. recommended the enlargement and improvement of the central sewage treatment plant and an expansion of the collection system.
i. 
The cost of enlarging and improving the central sewage treatment plant was estimated by Elson T. Killam Associates, Inc. at $6,260,000.
j. 
In January 1973 the Township Committee resolved that an application be made to the State Department of Environmental Protection under the State Public Sanitary Sewerage Facilities Act for an Engineering Design Loan in the amount of $388,832 for the preparation of preliminary engineering plans and design and engineering drawings for enlargement and improvement of the central sewage treatment plant and an expansion of the collection system, such application being made on the assumption that the Township would receive Federal and State grants for up to 90% of eligible construction coats.
k. 
The Township received a letter dated March 5, 1973 from Charles M. Pike, Director, Division of Water Resources, State Department of Environmental Protection, stating that when sewage flow into the existing Township central sewage treatment plant shall reach the capacity of the plant no approvals for further connections to the Township Sanitary Sewer System will be given by the Department until an enlargement of the treatment plant has been completed.
l. 
The aforesaid letter dated March 5, 1973 from Charles M. Pike also requested that the Township furnish the State Department of Environmental Protection with plans for any and all further connections with the Township Sanitary Sewer System.
m. 
Under the aforementioned circumstances and in order to assure the continued proper operation of the central sewage treatment plant and the discharge of proper effluent, the Township Committee adopted a Resolution on April 5, 1973 directing Elson T. Killam Associates, Inc. to prepare a report on the ability of the existing central sewage treatment plant to accept and properly treat flows of sanitary sewage in addition to the flows already being received.
n. 
In May 1973 the State Department of Environmental Protection approved the application of the Township for an Engineering Design Loan in the amount of $388,832 under the State Public Sanitary Sewerage Facilities Act, and an offer of an initial loan in the amount of $100,000 was made to and accepted by the Township, and the Township has authorized Elson T. Killam Associates, Inc. to proceed with the engineering work for which such loan was made.
o. 
It now appears from information which is available to the Township that it is impossible to make any reasonable prediction as to when any Federal and State construction grants for an enlargement and improvement of the central sewage treatment plant may be made to the Township.
p. 
Even if it were assumed that Federal and State construction grants would be available to the Township without delay, the Township cannot reasonably expect to have an enlarged and improved central sewage treatment plant in operation until at least 1978 in view of the time required for the preparation and approval of preliminary engineering plans, the preparation and approval of final engineering plans, contracting for construction work and the completion of construction work.
q. 
To assist Elson T. Killam Associates, Inc. in the preparation of its report pursuant to the Resolution adopted by the Township Committee on April 5, 1973, the Township caused a study to be made of undeveloped lands in that area of the Township which the existing central sewage treatment plant was designed to serve before enlargement in order to ascertain the estimated volume of sanitary sewage which might be generated by such lands when developed, which study resulted in a report entitled "Sewer Capacity Survey Made for an Evaluation of the Sanitary Sewer System of the Township of Chatham, New Jersey," dated November 1973 and prepared by Harold F. Gee.
r. 
Elson T. Killam Associates, Inc. has submitted a report dated December 1973 and entitled "Township of Chatham, Morris County, New Jersey — Summary Report upon Allocation for Existing Sanitary Sewerage Facilities".
s. 
It is the opinion of Elson T. Killam Associates, Inc. as set forth in its report dated December 1973 that the existing central sewage treatment plant with the aerated stabilization pond may be capable of receiving and treating all sanitary sewage which might be generated in that area of the Township which the treatment plant was designed to serve before enlargement, assuming; 1. No further change in the State standards for the effluent produced; 2. No change in the type of use to which a developed property within such area is presently devoted; and 3. That any use of undeveloped lands within such area will be in accordance with the present provisions of the Land Development Ordinance of the Township.
t. 
In its report dated December 1973 Elson T. Killam Associates, Inc. recommended that the Township establish controls over further connections with the Township Sanitary Sewer System in order to assure that the central sewage treatment plant will not become overloaded and will continue to meet applicable standards of the State Department of Environmental Protection.
u. 
After review of the aforesaid report by Elson T. Killam Associates, Inc. dated December 1973 and the recommendations set forth therein, the Township Committee has determined that it is necessary and appropriate to adopt rules and regulations with respect to further connections with the Township Sanitary Sewer System.
[Ord. No. 3-74 § 1]
There is hereby established within the Township an area known as the "Township Sanitary Sewer Service Area." A map entitled "Sanitary Sewer Service Area, Township of Chatham, Morris County, New Jersey" dated February 1974 and prepared by Robert C. Kirkpatrick, Jr., Township Engineer, delineating the Township Sanitary Sewer Service Area, is hereby declared to be a part of this section.
The Township Sanitary Sewer Service Area consists of the following;
a. 
All those lands benefited by and the subject of special assessments for sanitary sewerage facilities installed under Township local improvement ordinances heretofore adopted:
b. 
All those lands the owners or developers of which have expended funds for the construction and installation of sanitary sewerage facilities constituting an integral part of the Township Sanitary Sewer System; and
c. 
Small area comprising Lots, 1, 2, 3 and 4 in Block 72 and Lot 16 in Block 73, as shown and designated on the Township Tax Map, which area is entirely surrounded by lands mentioned in paragraph a above and which lots will be the subject of special assessments when lateral sewers are extended to serve said lots.
[Ord. No. 3-74 § 2]
The following rules and regulations shall apply to lands within the Township Sanitary Sewer Service Area until an enlargement of the existing Township central sewage treatment plant has been completed:
a. 
Any existing lot shown on the Township Tax Map, any lot hereafter created by minor subdivision approval, and any lot shown upon a major subdivision plat to which preliminary or final subdivision approval has been granted prior to the date upon which this section becomes effective may be developed with a single-family residence and may be connected to the Township Sanitary Sewer System without further approval from the Township Committee.
b. 
The Township Planning Board shall notify the Township Committee of every application for preliminary major subdivision approval pending before the Township Planning Board or filed with the Township Planning Board on and after the date upon which this section becomes effective. Every such notification shall be accompanied by a statement by the applicant's professional engineer setting forth an estimate of the average daily flow of sanitary sewage from the lots to be created by the proposed subdivision. The Township Planning Board shall not grant preliminary subdivision approval to any application therefor unless and until the Township Committee has advised the Planning Board in writing that the proposed lots may be connected to the Township Sanitary Sewer System.
c. 
The Township Planning Board shall notify the Township Committee of every application for development plan approval under Article 3, Section 30-11 of the Land Development Ordinance of the Township pending before the Township Planning Board or filed with the Township Planning Board on and after the date upon which this section becomes effective. Every such notification shall be accompanied by a statement by the applicant's professional engineer setting forth an estimate of the average daily flow of sanitary sewage from the proposed structure or structures shown upon the development plan, as well as the type or types of uses which will generate such sanitary sewage. The Township Planning Board shall not grant development plan approval to any application therefor unless and until the Township Committee has advised the Planning Board that the proposed structure or structures shown upon the development plan may be connected to the Township Sanitary Sewer System.
d. 
The Township Board of Adjustment shall notify the Township Committee of every application for a use variance pending before the Township Board of Adjustment or submitted to the Township Board of Adjustment on and after the date upon which this section becomes effective whenever the proposed use might generate a greater average daily flow of sanitary sewage than would be generated by use of the property in accordance with applicable provisions of the Land Development Ordinance of the Township. Every such notification shall be accompanied by a statement by the applicant's professional engineer setting forth an estimate of the average daily flow of sanitary sewage from the structure or structures for which the use variance is sought. The Township Board of Adjustment shall not recommend the grant of a use variance unless and until the Township Committee has advised the Board of Adjustment in writing that the proposed structure or structures could be connected to the Township Sanitary Sewer System if the requested use variance were granted.
e. 
The Township Committee shall furnish to the State Department of Environmental Protection such information as may be required by the Department with respect to proposed lots or structures mentioned in b, c and d of this subsection, and the Township Committee shall advise the Department as to whether or not in its opinion the proposed lots or structures should be permitted to connect to the Township Sanitary Sewer System. Before the Township Committee advises the Township Planning Board or the Township Board of Adjustment, as the case may be, that a proposed lot or structure may be connected to the Township Sanitary Sewer System, the Township Committee shall have received approval therefor from the State Department of Environmental Protection. In the event that the Township Committee determines that a proposed lot or structure should not be connected to the Township Sanitary Sewer System, the Township Committee shall set forth the reasons for such determination.
[Ord. No. 3-74 § 3]
The following rules and regulations shall apply to lands outside of the Township Sanitary Sewer Service Area until an enlargement of the existing Township central sewage treatment plant has been completed:
a. 
With the exception of lots or structures mentioned in b of this subsection, no lots or structures outside of the Township Sanitary Sewer Service Area shall be connected to the Township Sanitary Sewer System.
b. 
Single-family residential lots fronting on Mountainside Drive, Ridge Road, Club Road, Valley View Road and Ormont Avenue may be connected with the Township Sanitary Sewer System in the event that the Township Board of Health determines that any such lot or lots cannot be properly served by individual sewage disposal systems.
Existing structures on lots within 100 feet of the Township Sanitary Sewer Service Area may be connected to the Township Sanitary Sewer System in the event that the Township Board of Health determines that an existing individual sewage disposal system is creating unsanitary and unhealthful conditions which cannot be eliminated by improvement or repair of such system.
Before the Township Committee authorizes the connection of any lot or structure mentioned in paragraph b of this subsection, the Township Committee shall request comments on the proposed connection from the State Department of Environmental Protection, furnishing to the Department such information as may be required.
[Ord. No. 3-74 § 4]
The Township Department of Public Works shall report to the Township Committee at each of its regular monthly meetings upon the average daily flow of sanitary sewage received by the Township central sewage treatment plant during the preceding calendar month, the quality of the effluent produced and compliance with State standards.
[Ord. No. 3-74 § 5]
In the event that the effluent from the stabilization pond fails for any extended period of time to meet applicable State standards or in the event that the State Department of Environmental Protection notifies the Township that no additional connections shall be made to the Township Sanitary Sewer System, then no more connections of any kind shall be made to the System until the Township has received approval for further connections from the State Department of Environmental Protection.
[Ord. No. 3-74 § 6]
The provisions of this section shall be subordinate to any orders or directives which may be issued from time to time by the State Department of Environmental Protection with respect to the Township Sanitary Sewer System or any component part thereof.
[Ord. No. 20-88 § 1; Ord. No. 94-06 § 2]
These subsections 17-6.8 through 17-6.11 refer and relate to Township of Chatham Water Pollution Control Plan No. 1.
[Ord. No. 20-88 § 1; Ord. No. 94-06 § 3]
In the event that the Township is required by N.J.A.C. 7:14A-12.1 or other applicable law to impose a sewer connection ban, then the provisions of N.J.A.C. 7:14A-12.22, Sewer Connection Ban Exemptions, shall be effective in the Township, and applications for exemptions shall be processed in accordance with such regulations. Copies of the regulations and applications for exemptions shall be made available to members of the public in the office of the Township Clerk.
[Ord. No. 20-88 § 1; Ord. No. 94-06 § 4]
Subject to the provisions of subsection 17-6.9, any subdivision approval, site plan approval or variance which will require or modify any sewer connection(s) shall not be granted unless conditioned upon the terms and conditions which are set forth in N.J.A.C. 7:14A-12.1.
[Ord. No. 20-88 § 3; Ord. No. 94-06 § 5]
Following final adoption, a certified copy of these subsections 17-6.8 through 17-6.11 shall be forwarded by the Township Clerk to the Director, Waste Water Facilities Management Element, Division of Water Resources, New Jersey Department of Environmental Protection and Energy, CN-029, Trenton, New Jersey 08625.
[Ord. No. 2005-021 § 1]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater and to prohibit illicit connections to the municipal separate storm sewer system (MS4) operated by the Township of Chatham, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-021 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Chatham, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Chatham or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the lands surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-021 § 1]
a. 
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm system operated by the Township of Chatham is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
b. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Chatham any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 2005-021 § 1]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water K Flows from firefighting activities.
h. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and deicing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
3. 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2005-021 § 1]
This section shall be enforced by the Police Department and the Township Administrator, the Director of Public Works, the Township Engineer, the Construction Official and the Zoning Officer.
[Ord. No. 2005-021 § 1]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine and penalty not to exceed the fine and penalty set forth at Section 1-5 of this Code of the Township of Chatham.