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Part I
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Required Connections
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[Ord. No. 3-65 § 1]
As used in this chapter:
Shall mean the Board of Health of the Township of Chatham
in the County of Morris, New Jersey, and its duly authorized agents.
Shall mean any structure having a plumbing system.
Shall mean a pipeline for the transmission of sewage from
a building to a house connection or other part of a sanitary sewer
system.
Shall mean a pipeline forming a part of a sanitary sewer
system and installed to receive sewage from a building sewer.
Shall mean any individual, firm, partnership, corporation,
company, association or other legal entity.
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.
Shall mean liquid waste containing animal or vegetable matter
in suspension or solution from residences or other buildings.
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.
d.
No owner
of a structure within the Township, used or intended for use for residential
purposes by not more than two households, which structure is connected
to the Township Sanitary Sewer System, shall sell, lease or otherwise
permit a new occupancy for residential purposes without first obtaining
a certificate of continued occupancy from the Township Department
of Public Works evidencing that the structure is not discharging or
dumping any nonsanitary sewage, rainwater, stormwater, drain water,
or water from sump pumps into the Township Sanitary Sewer System.
A fee of $50 shall be paid to the Township of Chatham prior to the
issuance of the certificate by the Department of Public Works. Inspections
pursuant to this section may be made by the Director of Public Works
or his/her designee.
[Added 11-29-2022 by Ord. No. 2022-14]
[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]
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Part II
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Residential Sewer Connection Fee
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[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; 12-16-2021 by Ord. No. 2021-32]
a.
The residential sewer connection fee for properties serviced, or
to be serviced, by Water Pollution Control System Service Area A 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; amended 12-16-2021 by Ord. No.
2021-32[1]]
The following facilities shall be known as the "Water Pollution
Control System Service Area A": 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.[2]
[1]
Editor's Note: This ordinance also changed the title of this
section from "Operation and Maintenance of Water Pollution Control
System No. 1," to "Operation and Maintenance of Water Pollution Control
System Service Area A."
[2]
Editor's Note: The map referred to herein may be found in
the office of the Township Clerk.
[Ord. No. 13-82 § 2;
amended 12-16-2021 by Ord. No. 2021-32]
Upon and after the effective date of this section, Township
of Chatham Water Pollution Control System Service Area A 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; 12-16-2021 by Ord. No. 2021-32[1]]
a.
The owner of every property connected to Water Pollution Control
System Service Area A shall pay an annual service charge in accordance
with the following schedule:
1.
The annual service charges for the Water Pollution Control System Service Area A, as set forth at subsection 17-3.1a, Service Charges Established, of the Township Code, are hereby amended commencing January 1, 2018, as follows:
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Use
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Annual Service Charge
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(a)
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Single-family dwelling
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(1) Without accessory office use
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$750
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(2) With accessory office
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$1,500
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(b)
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Church
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$330
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(c)
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All other uses (commercial and institutional)
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$7 per 100 cubic feet of water consumed (approximately 748 gallons).
There shall be a minimum charge of $750 annually.
|
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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.
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b.
The annual service charge shall be payable quarterly in four equal
installments due March 1, June 1, September 1, and December 1.
[1]
Editor's Note: This ordinance also changed the title of this
section from "Annual Service Charges for Water Pollution Control System
No. 1," to "Annual Service Charges for Water Pollution Control System
Service Area A."
[Ord. No. 1-83 § 2;
amended 12-16-2021 by Ord. No. 2021-32]
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 Service Area A, 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;
amended 12-16-2021 by Ord. No. 2021-32]
The following facilities shall be known as the "Township of
Chatham Water Pollution Control System Service Area B": 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.
Upon and after the effective date of this section, Township
of Chatham Water Pollution Control System Service Area B 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.
[1]
Editor's Note: This ordinance also changed the title of this
section from "Operation and Maintenance of Water Pollution Control
System No. 2," to "Operation and Maintenance of Water Pollution Control
System Service Area B."
[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; 12-16-2021 by Ord. No. 2021-32[1]]
a.
The owner of every property connected to Water Pollution Control
System Service Area B (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.
[1]
Editor's Note: This ordinance also changed the title of this
section from "Annual Service Charges for Water Pollution Control System
No. 2," to "Annual Service Charges for Water Pollution Control System
Service Area B."
[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; amended 12-16-2021 by Ord. No.
2021-32]
[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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
[Added 11-12-2020 by Ord.
No. 2020-18]
The purpose of this section is requiring the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Chatham so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Added 11-12-2020 by Ord.
No. 2020-18]
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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made 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. Note: In municipalities
with combined sewer systems, add the following: "MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources."
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 11-12-2020 by Ord.
No. 2020-18]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Added 11-12-2020 by Ord.
No. 2020-18]
Storm drain inlets identified in § 17-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than 7.0 square inches, or is no greater than 0.5
inch across the smallest dimension. Examples of grates subject to
this standard include grates in grate inlets, the grate portion (non-curb-opening
portion) of combination inlets, grates on storm sewer manholes, ditch
grates, trench grates, and grates of spacer bars in slotted drains.
Examples of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Added 11-12-2020 by Ord.
No. 2020-18]
This section shall be enforced by the Police Department and
Zoning Officer of the Township of Chatham.
[Added 11-12-2020 by Ord.
No. 2020-18]
Any person(s) who is found to be in violation of the provisions of this section shall be subject, upon conviction, to the penalties provided in § 1-5, General Penalty, for each storm drain inlet that is not retrofitted to meet the design standard.
[Added 11-12-2020 by Ord.
No. 2020-19]
The purpose is to prohibit the spilling, dumping, or disposal
of materials other than stormwater 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.
[Added 11-12-2020 by Ord.
No. 2020-19]
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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made 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. Note: In municipalities
with combined sewer systems, add the following: "MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources."
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Water resulting from precipitation (including rain and snow)
that runs off the land's 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.
[Added 11-12-2020 by Ord.
No. 2020-19]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer 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.
[Added 11-12-2020 by Ord.
No. 2020-19]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
c.
Air-conditioning condensate (excluding contact and noncontact 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.
h.
Flows from firefighting activities.
i.
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 de-icing 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.
[Added 11-12-2020 by Ord.
No. 2020-19]
This section shall be enforced by the Police Department and
Zoning Officer of the Township of Chatham.
[Added 11-12-2020 by Ord.
No. 2020-19]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject, upon conviction, to the penalties provided in § 1-5, General Penalty. Each violation shall constitute a separate offense.
