No sewer connection permit shall be issued by
the Township of Byram unless a sewer user permit has been issued by
the Township Council or its designated agent in accordance with the
provisions of this Part 1.
[Amended 3-2-1998 by Ord. No. 2-1998; 8-10-1998 by Ord. No.
13-1998]
All persons owning property required by this
Part 1, as amended, to be connected to the sanitary sewer system shall
make an application to the Township for a sewer user permit as provided
herein. Any property owner that was granted a sewer user permit prior
to the enactment of this Part 1 shall not be required to reapply for
a sewer user permit. Users shall apply to the Township for a new sewer
user permit if there is a change of use which impacts the amount of
wastewater generated.
A.Â
Applications shall be submitted with a fee as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
B.Â
The owner of any property seeking a sewer user permit
shall file with the Township Manager an application for a sewer user
permit on forms prescribed by the Township Council, which application
shall include the following items:
(1)Â
The name and address of the applicant.
(2)Â
The address of the property and the tax lot and block
designation.
(3)Â
The dimensions and total area of the lot.
(4)Â
For Class A users, the type of residential dwelling
constructed or to be constructed, including the square foot area of
the dwelling and number of bedrooms to be included.
(5)Â
The proposed use of the property or the type of building
or buildings to be constructed thereon for Class B users.
(6)Â
If a subdivision is involved, a preliminary sketch
of the proposed subdivision showing the number of lots involved.
(7)Â
If townhouses, condominiums or garden apartments are
the subject matter of the application, a preliminary sketch plan showing
the number of townhouses, condominiums or garden apartments and the
number of proposed bedrooms in the dwellings to be constructed.
(8)Â
For all Class B users, a preliminary site plan shall
be submitted with the application showing the type of proposed use
of the premises.
(9)Â
A certification by the applicant's engineer as to
the number of gallons per day of sewage that will be generated by
the proposed Class B use, and the method of calculation and schedules
used in computing said amount shall be submitted as part of the application.
(10)Â
For Class B users, required funds for an escrow account to pay for professional service fees shall be deposited with the Township. The amount of the escrow deposit shall be based on the degree of complexity of said application. The fees are set forth in Chapter A287, Fees. In the event that additional funds are necessary to complete the review of the application, the applicant will be required to replenish the escrow account in an amount sufficient to cover said costs.
[Amended 2-4-2008 by Ord. No. 2-2008]
(11)Â
Any other matters deemed necessary by the Township
Council or its designated agent.
C.Â
Upon the receipt of said application and required
fee, the Township Manager shall review said application and determine
whether or not there is sufficient gallonage available to authorize
a sewer user permit to the applicant. For Class B applications, the
number of EDUs shall be calculated by dividing the anticipated flow
by the design flow rate of 225 gallons per day (GPD). In the event
that the application is approved, a sewer user permit will be issued
by the Township for the equivalent dwelling units set forth in the
application. In the event that the application is denied, notice thereof
shall be provided to the applicant. Notice of a denial of an application
must be given to the applicant within 60 days of the filing of the
original application unless the applicant consents to an extended
period of time for review by the municipal governing body.
D.Â
Upon approval and prior to the issuance of a sewer user permit, the applicant shall deposit with the Township a nonrefundable sum equal to the annual user charge pursuant to § 201-76 for the subject property. Said amount shall be credited towards the first year's annual user charge.
G.Â
A sewer user permit will not be issued by the Township
until any balance in the escrow account is satisfied.
H.Â
The Township Manager may waive any of the above requirements
as deemed appropriate.
A.Â
Within 10 days of notice of denial of the application,
the applicant may file a written request for a hearing to be held
by the Township Council of the Township of Byram, at which time the
applicant may present testimony and evidence in support of the application.
B.Â
The hearing shall be held within 45 days from the
date of the written request. The applicant shall bear all costs and
professional fees incurred relative to the hearing and, if required,
shall post an escrow fee prior to the hearing. The Township Council
shall render its decision within 30 days of the hearing.
[Amended 3-2-1998 by Ord. No. 2-1998; 8-10-1998 by Ord. No.
13-1998]
Owners of vacant land located along the sanitary sewer lines must obtain a sewer user permit on or before the connection date as it is defined in § 201-2 above. The owner must renew the sewer user permit annually on or before the anniversary of its issuance. Payment of an annual sewer charge shall be required for and prior to renewal of the permit. The annual sewer charge for vacant land shall be established each year by resolution of the Byram Township Council but shall not include payment of operation and maintenance costs.
The following shall apply in the Township's
determination of the application:
A.Â
The amount of sewage allocation available from the
Musconetcong Sewerage Authority.
B.Â
The current and future usage of existing properties
of the sewage allocation within the Township.
C.Â
Availability of alternate sewage disposal methods
and the cost thereof available to the applicant.
D.Â
The amount of sewage gallonage requested as a percentage
of the total unused allocation of the Township of Byram.
E.Â
The reasonableness of the total gallonage requested
by the applicant.
F.Â
The nature and type of effluent to be generated by
the applicant.
G.Â
Any other matter that may affect the general health
and welfare of the residents of the Township of Byram and the overall
reasonable development of the vacant or unused lands of the Township
of Byram.
Sewer user permits issued within the Township's
sewer system cannot be traded, sold or otherwise reallocated by the
applicant, unless the property identified by the sewer user permit
is sold to a new owner, such that the permit shall run with the land.
The Township reserves the right to enter into
separate capacity allocation agreements if it is determined to be
in the best interest of the Township of Byram.