[HISTORY: Adopted by the Township Committee of the Township of Delanco
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer connections — See Ch. 87.
[Adopted 4-15-2002 by Ord. No. 2002-4]
This article shall be referred to as “Sewer - Reimbursement for
Installation of Sewer Lines.”
The purpose of the provisions of this article is to provide a procedure
and formula to determine the pro rata reimbursement between or among parties
for the cost of a sewer line extension where the construction of such extension
by a developer benefits other properties not developed by the same developer.
This article is enacted pursuant to the authority of N.J.S.A. 40:14B-l
et seq. and/or N.J.S.A. 40:55D-1 et seq.
[Amended 12-20-2004 by Ord. No. 2004-20]
The provisions of this article shall apply to all applicants for sewer
service for new or existing construction (single-family dwellings, subdivisions
and/or site plans proposed for residential, office, industrial or commercial
development or other use) who seek to connect to sewer line extensions constructed
by another party, as approved and specified by either the Township of Delanco
or an entity thereof.
A.
As used in this article, the term “developer”
shall mean:
(1)
A developer, builder or owner, including a public entity,
who constructs a sewer main extension pursuant to a subdivision or site plan
approval or otherwise in accordance with Delanco Township ordinance.
B.
All other terms used herein shall have the same meaning
as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-l et seq.
The provisions of this article shall apply to all sewer line extensions
constructed by developer(s) on or after the effective date of this article.
A.
The developer who constructs a sewer line extension or
extensions with private funds shall be entitled to a pro rata reimbursement
from any other user(s) of the costs of construction of such extension(s).
The user(s) reimbursement obligation will be based upon the user(s) contributory
flow. The calculation to determine the user(s) cost will be as follows:
(1)
User’s contributory flow divided by total contributory
flow, multiplied by total cost. The total contributory flow will be based
upon total potential flow that could be generated from the properties served
by the sewer line and in accordance with flows that would typically come from
each type of use as published in New Jersey Department of Environmental Protection’s
published regulations, using current zoning at the time of construction.
B.
The developer’s reimbursable costs shall include:
(1)
Actual costs of labor and materials.
(2)
Engineering fees paid by such private party in connection
with design and construction of the sewer line extensions.
(3)
The costs for any performance guarantee required by the
Township of Delanco.
(4)
The costs of any maintenance guarantee required by the
Township of Delanco.
(5)
Permit costs.
(6)
Interest from the date of approval of the sewer line
extension by the Township of Delanco until payment by another user at a rate
equal to the average or standard prime rate of interest published in the Wall
Street Journal each week during the aforesaid period.
The private party who constructs the sewer main line extension shall
be required to produce documentary proof in a form satisfactory to the Township
of Delanco of all costs for which pro rata reimbursement is sought. This documentary
proof shall be in the form of paid invoices or receipts, cancelled checks
or similar evidence certifying the costs that were expended. This calculation
shall take place at the time of completion of construction after all costs
have been gathered. In the absence of sufficient documentary evidence as set
forth above, the Township Engineer shall determine the basis for the reimbursement
request. The Township Committee reserves the right to hold hearings on the
reasonableness of the expenditures by the private party and the Township’s
reimbursement of such expenditures.
The applicant for connection to an existing sewer line extension shall
be required to reimburse the Township for any legal, engineering or administrative
fees or costs that may be incurred by the Township in connection with the
implementation, interpretation or enforcement of any disputes arising from
the pro rata cost reimbursement procedures in this article.
[Amended 12-20-2004 by Ord. No. 2004-20]
A.
A “preexisting residential property owner” is defined
as a resident whose home was constructed and occupied in accord with a valid
certificate of occupancy on or before November 7, 2003.
B.
Preexisting residential property owners are exempt from the reimbursement
requirements of this chapter. This exemption does not relieve preexisting
residential property owners from the obligation to pay sewer connection fees.
C.
Preexisting residential property owners shall not be required
to immediately connect into the sewer line, but may do so at their discretion.
Notwithstanding same, the sale of any residential property by a preexisting
residential property owner, exclusive of transfers by estate or within the
immediate family, shall trigger the requirement that the new user connect
to the sewer system, whether that user is residential or otherwise.
D.
This exemption shall not apply to new residential development,
whether on a single lot or part of a large subdivision, and all reimbursement
payments and connection fees required under this chapter.
[Added 4-3-2006 by Ord. No. 2006-5]
A.
Enforcement. The Sewerage Authority is designated as the primary
enforcement authority with regard to violations of this chapter. The Township
shall have secondary enforcement authority, and may act to enforce this article
in its discretion. The enforcing authority shall:
(1)
Provide notice to property owners of the extension of a new sewer
line so that the property owners are made aware of their obligation. Failure
to carry out this notice shall not limit a property owner’s obligation
to comply with the requirements of this article.
(2)
In the event of a violation, issue a violation notice, with no
penalty, to the offending property owner and advise of the costs due and payable,
allowing for 30 days for correction of the violation and advising that failure
to correct will result in enforcement and a fine.
(3)
In the event of a continuing violation following the expiration
of the notice period provided for above, issue a violation notice and penalty
to the offending property owner, again advising of the costs due and payable
and providing for the opportunity for a hearing in Municipal Court. The penalty
shall reference the penalty ranges referred to in the general penalty provisions
of this Code, more fully referenced below.
