The owners of all houses, buildings and properties constructed after the enactment of this chapter, situated within the Borough of Kinnelon and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Borough, are hereby required at their expense to connect all sanitary and other plumbing facilities directly with the proper public sewer, in accordance with all of the pertinent ordinances of the Borough, prior to the issuance of a certificate of occupancy.
The owners of all houses, buildings and properties existing at the time of the enactment of this chapter and having approved private sanitary sewer facilities will be required at their expense to connect all sanitary and other plumbing facilities directly with the proper public sewer when such connections are considered necessary in accordance with the rules, regulations and ordinances of the Board of Health. Such connections shall be made in accordance with all of the pertinent ordinances of the Borough within 90 days of the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Borough of Kinnelon.
Each contractor or other person performing work on Borough public property for the purpose of installing sanitary sewer connections shall post a bond acceptable to the Borough. All work shall be adequately guarded with barricades, lights and other measures for protection to the public from hazard. Streets, sidewalks, curbs and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.
[Amended 3-21-1991 by Ord. No. 4-91]
The requirements of this chapter are subject to the ability of the Borough of Kinnelon to provide sewerage service to the extent permitted by law and also in accordance with the terms and conditions of certain contracts between the Borough and the Boroughs of Butler and Bloomingdale and the Pequannock River Basin Regional Sewerage Authority.
[Amended 3-18-1976 by Ord. No. 3-76; 2-18-1988 by Ord. No. 1-88; 8-25-1988 by No. 13-88; 8-17-1989 by Ord. No. 15-89; 3-21-1991 by Ord. No. 4-91; 4-16-1992 by Ord. No. 4-92; 3-20-1997 by Ord. No. 5-97]
A. 
An annual sewer service charge is hereby established as follows:
[Amended 3-19-1998 by Ord. No. 3-98; 10-21-2004 by Ord. No. 20-04; 11-20-2008 by Ord. No. 14-08; 11-16-2017 by Ord. No. 12-17; 5-21-2020 by Ord. No. 07-2020[1]]
(1) 
Single-family residential (excluding condominiums). [250 gallons per day (gpd)]: $1,171.
(2) 
Multifamily dwellings (apartments and condominiums):
(a) 
One-bedroom (150 gpd): $703.
(b) 
Two-bedroom (225 gpd): $1,054.
(c) 
Three-bedroom (250 gpd): $1,171.
(3) 
Nonresidential units:
Gallons Per Year
(GPY)
Annual
Minimum
Annual Excess Gallonage
0 to 100,000
$1,171
--
100,001 and over
$1,171
Plus $11.10/1,000 gpy excess over 100,000 gpy
(4) 
Any use within the Borough of Kinnelon requiring sewer service from sanitary sewer facilities owned by the Borough of Butler under the Interlocal Services Agreement executed by and between the Borough of Kinnelon and the Borough of Butler dated December 3, 1997, shall be subject to annual sewer service charges and connection fee charges as set forth therein. Additionally, any such use will also be subject to connection fees charged by the Borough of Kinnelon as set forth below in § 163-6C through E hereof.
[1]
Editor’s Note: This ordinance provided that it shall take effect starting with the quarterly sewer billing period of July 1, 2020 and shall be in effect to June 30, 2021.
B. 
The annual sewer service charges for residential users and the annual minimum sewer service charges for nonresidential users shall be billed quarterly. The excess gallonage charges for nonresidential units shall be billed quarterly based upon water consumption. Those users utilizing sanitary sewer facilities of the Borough of Butler shall be billed at the same intervals as Kinnelon is billed by the Borough of Butler.
[Amended 3-19-1998 by Ord. No. 3-98; 5-17-2012 by Ord. No. 10-12]
C. 
The standard factor utilized in the calculation of connection fees shall be the EDU (equivalent dwelling unit) which is equal to 250 gpd, the average amount of wastewater produced by a single-family dwelling. Each sewer user category shall be assigned an EDU value by calculating the average daily flow, dividing the same by 250 and rounding to the nearest half.
D. 
A connection fee of $2,500 for each EDU shall be charged for connection to the system.
E. 
For the purposes of calculating the connection fee, the following schedule sets forth the basis for the calculation of EDU value for different categories of sewer users:
[Amended 10-21-2004 by Ord. No. 20-04]
Category of User
Wastewater Volume
Single-family residence
250 gallons per day (gpd) (1 EDU)
Multiple family dwellings:
First bedroom
150 gpd/dwelling
Second bedroom
225 gpd/dwelling
3 bedrooms or more
300 gpd/dwelling
Senior citizens housing
125 gpd/bed
Nursing/rest homes
125 gpd/bed
Motels
60 gpd/bedroom
School (with cafeteria)
15 gpd/student
School (with cafeteria, showers and lavatory)
25 gpd/student
Office buildings and shopping centers
0.100 gpd/square foot of building area
Factory/industrial buildings
25 gpd/employee
Factory/industrial buildings with showers
40 gpd/employee
High-volume wastewater-producing facilities
To be estimated on an individual basis by Borough Engineer
Low-volume wastewater-producing facilities
To be estimated on an individual basis by Borough Engineer
F. 
When applicable, a capital assessment charge is to be determined in accordance with appropriate New Jersey laws and Borough ordinances.
G. 
All delinquent charges, pursuant to New Jersey law, shall be assessed an interest charge at a rate of interest at least equal to the monthly index for the immediately preceding month for twenty-year tax-exempt bond yields as compiled by the Bond Buyer or any similar index and shall be a lien upon the subject premises until paid.
[Amended 8-18-2005 by Ord. No. 20-05]
[Added 10-17-1991 by Ord. No. 14-91; amended 8-17-2023 by Ord. No. 13-23]
Failure of a customer to pay required sewer fees and/or charges within the prescribed payment time shall cause that account to be deemed delinquent. Notification of a delinquency and its consequences shall then be mailed to the last known address of the customer. Upon that customer's failure to respond and eliminate the delinquency within 30 days from the date of the delinquency notice, a second notice shall be mailed to the delinquent customer advising that payment of sewer bills must be received by the date specified or their water service will be discontinued and water shutoff and turn-on fees will also incur.
[Added 12-19-1991 by Ord. No. 20-91]
It is hereby determined that there exists a need and requirement to provide an efficient means for the enforcement of rules and regulations regulating the making of connection to and regulating the discharge into the primary sewer system operated by the Pequannock, Lincoln Park and Fairfield Sewerage Authority pursuant to the provisions of N.J.S.A. 40:14A-23 and Section 701 of the 1985 Service Agreement between the Pequannock, Lincoln Park and Fairfield Sewerage Authority and the Pequannock River Basin Regional Sewerage Authority (PRBRSA) and the Rules and Regulations of the Pequannock River Basin Regional Sewerage Authority.
[Added 12-19-1991 by Ord. No. 20-91]
The Borough of Kinnelon hereby adopts the rules and regulations which are set forth at length in a document entitled "Rules and Regulations Governing the Discharge of Sewage, Industrial Wastes or Other Wastes into the Pequannock, Lincoln Park and Fairfield Sewerage Authority System and All Sewers Tributary Thereto," adopted April 5, 1978, and amended January 11, 1984, and August 10, 1988, as well as all future amendments which may be adopted, and the Service Rules of the PRBRSA, as well as all future amendments which may be adopted.
[Added 12-19-1991 by Ord. No. 20-91]
Any person, firm, partnership or corporation violating any rules, regulations or emergency proclamations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority or of the Pequannock River Basin Regional Sewerage Authority shall be subject to punishment and/or fines as set forth in § 163-11, and further subject to such civil administrative penalties as authorized under N.J.S.A. 58:10A-10. The Executive Directors of the Pequannock, Lincoln Park and Fairfield Sewerage Authority and of the Pequannock River Basin Regional Sewerage Authority are hereby designated as the enforcement officers of this ordinance.[1]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 20-91, adopted 12-19-1991.
[Amended 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this chapter shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days, and each and every day that any violation continues shall be deemed to be and shall be a separate offense, separately punishable as aforesaid.
[Added 5-15-2003 by Ord. No. 8-03]
The Borough of Kinnelon will recognize certain claims for damages resulting from the backup of sewage from the public sewerage system onto certain private premises occurring after the effective date of this section and occurring under the certain specific circumstances, all as hereinafter specified, notwithstanding the immunity from such claims afforded by Title 59 of the Statutes of the State of New Jersey but nevertheless without prejudice to any other specific defenses which it may have beyond the limited circumstances specified herein and also without prejudice to any defense whatsoever that the Borough may have as to any other similar claims not recognized hereunder.
[Added 5-15-2003 by Ord. No. 8-03]
Claims recognizable hereunder shall be limited to only such claims for actual damage to property directly caused by contact with public sewage which has backflowed from the public sewerage system into private premises as the result of a blockage within a public sewerage main into which such private premises is connected. Specifically excluded are claims resulting from blockages within the sewerage system of private premises and any lateral or other type of connection leading from that sewerage system on private property into the public main, including the connection to the main, even though such lateral or other type of connection may be partially located in a public right-of-way. For the purpose of this section, the lateral or other type of connection shall include the collar or other devices by which connection into the public main is possible.
[Added 5-15-2003 by Ord. No. 8-03]
Notwithstanding the foregoing, no claim shall be recognized in the event that the sewerage system upon the premises includes any drains or other appurtenances or other openings or receptacles below the highest point of the grade level of the lateral or other device connecting that sewerage system into the main unless there is installed a backflow preventer in the system at the point nearer to the connection to the public system than any of those drains, appurtenances, openings or receptacles with the exception of one cleanout opening before that backflow preventer which shall be securely sealed. Such backflow preventer must be of such type required under the plumbing code in effect at the time of the adoption of this section for new construction under such circumstances. Such required backflow preventer must have been maintained in accordance with the requirements of its manufacturer for the proper operation of such device, and any cleanout opening required in connection therewith shall be kept securely sealed.
[Added 5-15-2003 by Ord. No. 8-03]
Only individuals of single-family, two-family or three-family residential dwelling premises who make such premises their primary residence and who own such premises in their own individual name or names, and from whose insurance coverage the claim is either fully or partially excluded, shall be qualified to make a claim under this chapter.
[Added 5-15-2003 by Ord. No. 8-03]
The Borough will recognize such claims which otherwise qualify under this chapter only to the extent of such actual and direct compensatory damage against which the claimant exercised a reasonable effort in mitigation. Nominal, prospective, anticipated, speculative, remote, consequential and exemplary damages are excluded herefrom. Any claim partially covered by private insurance shall be excluded from coverage under this chapter to the extent of such private insurance coverage.
[Added 5-15-2003 by Ord. No. 8-03]
The Borough will compensate a qualifying claim for any of the aforesaid recognizable damages only as follows:
A. 
Cost of removal of sewage and of cleaning and sanitizing premises, fixtures and salvageable personality: 100%, to a limit of $1,500.
B. 
The cost of repair to or replacement of damaged structure, fixtures or personality: 100%, to a limit of $2,500.
[Added 5-15-2003 by Ord. No. 8-03]
Any claimant qualifying hereunder may seek recovery as herein provided by filing in writing an application signed and certified as to truthfulness by the qualifying owner or owners of the premises. Such application shall be filed with the Borough Clerk upon such form as he or she may hereafter require within five days of the discovery of the damage for which recovery is sought. Any claim made thereafter shall be barred. The Borough Clerk shall determine whether and to what extent such claim is recognizable in accordance with the conditions and limitations hereinbefore provided. The Borough Clerk may thereupon forward said claim to a licensed claims adjuster of the State of New Jersey to be designated by the governing body for investigation and a determination as to the amount of compensation to be payable under this chapter if the Clerk deems necessary. Both the Borough Clerk and the claims adjuster may require as they or either of them deem in their own discretion reasonably necessary such further proof and inspection; any applicant refusing any request for the same shall be disqualified for recovery hereunder. Such payment as determined to be payable shall not be paid to the claimant or claimants until each of them has duly executed a full and complete release from any and all further liability of the Borough.