[Adopted by Sec. 19-7 of the 1976 Revised
General Ordinances]
As used in this article, unless a different
meaning clearly appears from the context, the following words shall
have the following meanings:
Any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes, either temporary or permanent,
or for other use or occupancy by persons.
When used with respect to a building constructed prior to
the date of initial operation, as a part of any sanitary sewage treatment
and disposal system in the Township, owned or operated by the Township
or the West Milford Township Municipal Utilities Authority, of a sewer
in a street, upon which such building is located, means 180th day
next ensuing after the date of initial operation, and when used with
respect to a building constructed after the date of initial operation,
as a part of any sanitary sewage treatment and disposal system owned
or operated by the Township or such Authority, of a sewer in the street,
upon which the building is located, means the 60th day after the date
of completion of construction, or the date of initial occupancy, of
such building, whichever of the dates shall be earlier in point of
time.
Any sewer or main designed or use for collection or disposal
of sanitary sewage and located within the Township.
The owner of each property along the line of
any sewer now or hereafter constructed in the Township shall connect
each building on such property with a sewer prior to the connection
date with respect to such building.
Every connection required by this article shall
be made with soil pipe of extra heavy iron, calked and leaded, extending
from inside the building foundation to a sewer, or to a point which
is not less than five feet outside of such foundation and connection
therefrom to a sewer with soil pipe of asbestos cement or extra heavy
cast iron pipe, or other material approved by any code adopted by
the Department of Health. All soil pipes shall be not less than four
inches in diameter, and every connection required by this article
shall be made in a manner to discharge into such sewer all sanitary
sewage originating in the building, and in all other respects as required
by any code of the Department of Health.
Upon receipt by Health Department of notification
from the West Milford Township Municipal Utilities Authority or from
the Township that any sewer is available to serve buildings on any
street in the Township, the Department of Health shall order each
owner of property along the line of such sewer to connect each building
on such property with such sewer in accordance with the terms of this
article.
The Department of Health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 300-23. Such notice shall be addressed to the owner of the property as the name of the owner appears in the last tax duplicate of the Township, shall describe the property by lot and block designation as the same appears on the tax map of the Township and by the street address if a street address exists, and shall state that by order of the Department of Health the owner is required to connect each building on the property with the sewer in accordance with the terms of this article on or before the connection date with respect to such building, or if such connection date shall have passed, within 30 days after the service of such notice as hereinafter provided, and the notice shall also describe the penalty which may be imposed hereunder for failure to comply with the notice and order in accordance with the terms of this article. The notice may be served on the owner personally or by leaving it as his usual place of abode with a member of his family above the age of 18 years. The notice may also be served within or without the limits of the Township by mailing the same by registered or certified mail to the last known post office address of the owner as the same appears on the last tax duplicate of the Township.
Any person who shall not comply with any order issued in accordance with the provisions hereof within 30 days after notice by the proper office of the Department of Health as hereinabove provided shall, upon complaint by such officer of the Department or the Secretary of the West Milford Township Municipal Utilities Authority, or any other person, and upon conviction, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. Penalties under this article may be enforced in the Municipal Court of the Township in the manner provided by law.
If an owner of property along the line of any
sewer now or hereafter constructed in the Township shall, on due application,
clearly demonstrate that the requirement of connection to the sewer
will exact an undue hardship, and that the literal enforcement of
this article as against him would be impracticable, the Department
of Health may permit an exception to be allowed such owner from complying
with the requirements of this article; provided that such owner has
on his property an individual sewer system functioning according to
the local sanitary code and that such system does not result in a
menace to the public health. Any exception so made, however, shall
cease and become immediately ineffective should such individual sewer
system cease to function in accordance with the local code, in which
case the requirement of connecting to the sewer system shall become
mandatory.
To the extent that the installation and construction
of sewers in the various areas of the Township shall be for the best
interest of the public, the West Milford Township Municipal Utilities
Authority shall, before the undertaking of any program or prior to
the taking of any action for such sewering in any designated area,
confer with the Department of Health. The lack of strict enforcement
of this section, however, shall not in any way affect the validity
of this article.
