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) 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.
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.
[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.