As used in this article, the following words
shall have the following meanings, unless a different meaning clearly
appears from the context:
ADMINISTRATIVE AUTHORITY
Any department and/or person within the municipal government
of the Borough of Chester authorized by the Mayor of Chester Borough
to enforce this article.
ANNUAL SERVICE CHARGE
The annual charge herein imposed for the use and services
of the sewer system upon the owners of the buildings served thereby.
APPLICANT
The property owner or property owners; or, if owned by a
corporation, a corporate officer duly authorized to act on behalf
of the corporation; or, if owned by a partnership, the partner(s)
authorized to bind the partnership; or an authorized agent of the
owner, certified to the Borough as such; making application for permission
following review and approval of plans and specifications to connect
to the Borough sanitary sewer system.
BASIC SERVICE UNIT
A standard for the measurement of the use of, and/or access to, the sewer system, by classification of sewer user, for the purpose of determining the annual service charge, annual use rate, and any other charges applicable to users of the sewer system. The number of units assigned to each classification of sewer user is set forth in §
192-33.
BOROUGH
The Borough of Chester, in the County of Morris and State
of New Jersey.
BUILDING
Any structure heretofore or hereafter constructed for human
use, habitation or occupancy, either temporary or permanent.
BUILDING SEWER
The extension from the building drain to the branch connection
at the public sewer or other place of disposal.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND
The quantity of oxygen utilization in the carbonaceous biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20º Celsius, expressed in milligrams per liter.
[Amended 11-6-2006 by Ord. No. 2006-25]
COMMERCIAL USER
Each individual building or each part thereof designed to
be used or used by one or more professional business, industrial,
governmental, public, private, religious or charitable users, without
regard to the number of house connections from such buildings to the
sewer system.
CONNECTION DATE
When used with respect to a building constructed prior to
the date of the initial operation of the Borough sanitary sewerage
treatment and disposal system, and with respect to a sewer available
to serve said building, shall mean the 120th day next ensuing after
the date of initial operation. When used with respect to a building
constructed after the date of initial operation of the Borough sanitary
sewerage treatment and disposal system, and with respect to a sewer
available to serve said building, shall mean the actual date when
the building was joined to the Borough sanitary sewerage treatment
and disposal system prior to the issuance of a certificate of occupancy
for that building.
CURB STOP
The valve or shut-off device on a service line, under the
jurisdiction of the Borough, which can be used to discontinue the
flow of water to the property.
CUSTOMER
Any person or party, who or which is the recipient of services
from the Borough.
DOMESTIC SEWAGE
The normal waterborne fluid wastes from residential dwellings,
commercial establishments, institutions and industries, including
the wastes from kitchens, bathrooms, water closets, lavatories and
laundries or other facilities normally associated with personal uses
of residential dwellings.
DWELLING UNIT
A.
Each single-family dwelling.
B.
Duplexes on zero lot lines.
C.
Each single unit in a multifamily structure,
including apartments, condominiums and townhouses.
E.
For the purpose of these regulations, the sanitary
wastewater generated shall be based upon estimated average usage of
220 gallons per day (gpd) for each dwelling unit.
EASEMENT
A right, as a right-of-way, afforded the Borough to make
limited use of a customer's or owner's real property for the installation,
repair and/or replacement of water and/or sanitary sewer facilities.
ENGINEER
The consulting professional engineer appointed by the Borough.
EQUIVALENT CONNECTION (EC)
A building or structure or any portion of a building or structure
not being used as a dwelling unit, but having a demand on the water
and/or sanitary sewer system equal to that of a single-family dwelling
unit as determined in this chapter.
A.
Each commercial, industrial, professional or
public user whose metered or estimated water consumption does not
exceed 220 gpd.
B.
Where a commercial, industrial, professional
institutional or public user exceeds 220 gpd of water consumption,
then each 220 gallons or portion thereof shall be considered one equivalent
connection (EC).
C.
The Borough reserves the right to impose special
conditions on all users or applicants whose actual or anticipated
water consumption exceeds 220 gpd.
D.
The amount of gallons in an equivalent connection
may from time to time, be reduced, expanded or modified by resolution
of the Mayor and Council.
FOOD ESTABLISHMENT
Those establishments primarily engaged in activities of preparing,
serving or otherwise making available foodstuffs for sale and consumption
and that use one or more of the following preparation activities:
cooking by frying (all methods); baking (all methods); grilling; sauteing;
rotisserie cooking; broiling (all methods); boiling; blanching; roasting;
toasting; or poaching. Also included are infrared heating; searing;
barbecuing; and any other food preparation activity that produces
hot food product. Food establishments shall be synonymous with restaurants,
cafeterias, and institutional kitchens.
[Added 10-21-2003 by Ord. No. 2003-18]
FOOD SERVICE
A building or parts thereof used for the preparation, serving
or consumption of food, beverage, or other products used to prepare
a food or beverage.
[Added 2-4-2002 by Ord. No. 2002-4]
GARBAGE
The animal and vegetable waste from the preparation, cooking,
and disposing of food and from the handling, storage, and sale of
produce.
HOMEOWNERS ASSOCIATION
Any entity which owns and/or maintains the common areas of
property of a multifamily development, or a business/industrial multiunit
complex.
HOUSE CONNECTION
That part of the lowest horizontal piping of a sewer system
which receives the discharge from waste and other sewer pipes inside
the walls of the building and conveys it to the public sewer.
INDUSTRIAL WASTE
The wastewater from industrial processes or other commercial
and industrial operations which is distinct from or incompatible with
domestic sewage.
INFILTRATION
The water entering the sanitary sewer system from the ground,
through such means as, but not limited to, defective pipes, pipe joints,
connections or manhole walls.
INFLOW
The water discharged into the sanitary sewer system from
such sources as, but not limited to, roof leaders, cellars, yard and
area drains, foundation drains, cooling water discharges, surface
drains, manhole covers, storm sewers or catch basins.
LATERAL
The sewer pipe servicing a property of an individual owner
connected to a Borough sewer main, and shall include sewer improvements.
MIXED USE
A building with more than one usage type. The wastewater
strength factor for a mixed use shall be the weighted average of the
factors for the usage types within the building based on the floor
areas of the different usage types. (Lobbies, hallways, bathrooms,
utility rooms, stairways, elevators, store rooms, receiving docks
and other areas serving areas of multiple usage types shall be excluded
from the determination, unless in the judgment of the administrative
authority, such areas are integral to and predominantly serve a single
usage type found within the building.) When a portion of a building
may be different usage types either simultaneously or alternatively,
the administrative authority shall consider such portion to be the
usage type with the higher wastewater capacity allocation factor.
[Added 2-4-2002 by Ord. No. 2002-4]
NATURAL OUTLET
Any outlet, including storm sewers and sanitary sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
OFFICE
A building used for commercial office space by one or more
businesses that do not regularly receive customers in that office.
An office may not include any type of laboratory, food preparation
facility, appliance used for any kind of automatic washing or plumbing
fixture other than sinks, toilets and urinals located in rest room
facilities, lunch rooms or janitor closets.
[Added 2-4-2002 by Ord. No. 2002-4]
OWNER
The person, corporation, partnership or entity which is the
owner of record of the subject property needing sanitary sewer service.
PERSON
Any individual, firm, company, association, society, corporation,
or group.
PH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, and indicates the degree of acidity
or alkalinity of a substance.
PUBLIC SANITARY SEWER SYSTEM
A sewer that carries liquid and water carried sanitary wastes
from residences, commercial buildings, industrial plants, institutions,
and shall mean the Borough owned and operated sewer pipe or conduit
including all mains and laterals, which carry sewage and in which
storm, surface and groundwaters are not permitted, and which shall
be located in public rights-of-way or easements acquired by the Borough.
Laterals under the public sanitary sewer system extend from the main
to the sideline of the public right-of-way or easement within which
it is located.
RESIDENTIAL USER
A building, or each part thereof, designed for or used as
a residence or abode by a single family, without regard to the number
of house connections from such building to the system.
RETAIL
Buildings or parts thereof used in a retail or professional
trade or business in which products (including prepackaged foods)
are sold or services are provided on the premises to customers. Retail
shall not be used for consumption of any food sold on the premises.
Retail may not include any type of laboratory, food-preparation facility,
appliance used for any kind of automatic washing or plumbing fixture
other than sinks, toilets and urinals located in rest rooms or janitor
closets.
[Added 2-4-2002 by Ord. No. 2002-4]
SANITARY SYSTEM
A sewer that carries liquid and water carried sanitary wastes
from residences, commercial buildings, industrial plants, and institutions.
SERVICE AREA
Those buildings or properties designated by the Borough Council
as being within the area to be serviced by the sewer system.
SEWAGE
The spent water of a community, also termed "wastewater."
From the standpoint of source, it may be a combination of the liquid
and water carried wastes from residences, commercial buildings, industrial
plants, and institutions, together with any groundwater, surface water,
and/or stormwater that may be present.
SEWER
Any conduit or pipe designated or used for collection or
disposal of sewage, and shall include all facilities, sewer mains
and appurtenances used in the collection, treatment and disposal of
sewage.
SIGNIFICANT USER
A wastewater-generating user(s) on a single lot or in a building
which is not a single-family detached residence (and secondary buildings,
if any), or all parts thereof, or all customers therein, and which
connect(s) to the sewer system with a single lateral connection which
generate(s) 45,625 gallons or more of sewage for one of the four most
recent billing quarters. The term "significant user" may apply to
other designations, such as commercial user. The following users are
specifically exempt from the testing requirements of the significant
user sampling program: noncommercial buildings used exclusively for
municipal services, religious purposes and low- or moderate-income
public housing, such as Chester Area Senior Housing (CASH).
[Amended 8-20-2001 by Ord. No. 2001-18; 5-5-2003 by Ord. No. 2003-4; 6-21-2005 by Ord. No. 2005-11]
A.
The significant user designation may be removed by resolution
of the governing body, if the user has generated less than 45,625
gallons of sewage per quarter, for each of the most recent four consecutive
billing quarters, as confirmed by the Borough’s wastewater treatment
plant operator or consultant. If such a user subsequently generates
45,625 gallons of sewage or more in any subsequent quarter, the user
shall again be designated as a significant user by the Borough’s
wastewater treatment plant operator or consultant, without further
action by the governing body.
[Added 2-6-2018 by Ord.
No. 2018-01]
SLUG
Any discharge of water, sewage, or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds, for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration of flows during
normal operation.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids and which are removable by laboratory
filtering.
USER TYPE
The usage category of the occupant of a building or part
thereof. Usage types shall be residential, office, retail, food service,
mixed use and all other usage.
[Added 2-4-2002 by Ord. No. 2002-4]
All charges, prices, costs, expenses, rents,
interest, or penalties, or any of them, as established herein, shall
be and remain a lien upon the premises served by the sewer system,
the same as all other taxes and municipal charges upon real estate
under the laws of the State of New Jersey. The Borough shall have
the same remedy for the collection thereof as it has now (or may hereafter
have under the laws of the State of New Jersey) for the collection
of taxes and other municipal liens upon real estate in the Borough.
[Added 2-4-2002 by Ord. No. 2002-4]
A. In the case of a change in the type of building or
building use on an existing lot within the sewer service area, the
applicant must receive approval from the governing body confirming
the allocated sewer capacity and available capacity for the intended
change in use. The allocated capacity will be determined based on
the number of equivalent connections assigned to the property upon
the establishment of the Borough sewer utility. The governing body
will assign the number of equivalent connections for any lot and block
not assigned a capacity upon the establishment of the Borough sewer
utility, based upon existing use and standard and recorded flow valued.
Once the original allocation is obtained, any change in use shall
require a recalculation of the allocated capacity based on wastewater
strength of the proposed discharge. The following ratios should be
applied depending on the potential use:
Use
|
Factor
|
---|
Residential
|
1.0
|
Office
|
1.4
|
Food Service
|
2.0
|
Retail
|
1.4
|
Other
|
2.0
|
B. For other use, a factor of 2.0 shall be applied unless
the applicant can prove that the factor to be applied should be reduced
subject to approval by the administrative authority. In no event shall
the applicable factor be reduced to less than 1.4.
C. Flow calculations, as it pertains to changes in building
use, shall apply to current NJDEP standards (N.J.A.C. 7A:14-23.3(a)
Projected Flow Criteria). The allocated capacity and calculated flows
will be utilized to determine building size and capacity.
[Added 3-18-2014 by Ord. No. 2014-2]
A. Legislative intent. The Mayor and Council of the Borough of Chester
hereby declare their intent to prevent any groundwaters, surface waters,
and any other non-sanitary-sewerage water from entering the Chester
Sanitary Sewer System by means of sump pumps, storm drains, gutters,
downspouts, or any other devices and to provide specific penalties
for the violation of same.
B. Duties of Construction Official. Whenever it is necessary for a property
owner to obtain any building permit, zoning permit, certificate of
occupancy or a continued certificate of occupancy and/or there is
a transfer of any ownership of any residence or commercial building
or structure, the Construction Official shall, within 10 days, excluding
weekends or holidays, of receipt of any permit or certificate application,
inspect or caused to be inspected by a subcode official the subject
premises in order to determine whether any sump pumps, storm drains,
gutters, downspouts, or other mechanical devices are discharging any
waters into the sanitary sewer system. In the event that the Construction
Official or the designated subcode official determines that there
is such discharge, no permit or certificate shall be issued to the
owner or possessor of said property until said condition is removed.
Upon the inspection of such building or structure, the Construction
Official or the designated subcode official shall file an appropriate
affidavit indicating that said inspection has been made, and he/she
shall file same with the Borough Clerk.
C. Connections prohibited.
(1)
No person shall connect a sump pump, storm drain, gutter, downspout,
or any other mechanical or nonmechanical device which shall discharge
non-sanitary-sewage waters into the sanitary sewer system of the Borough
of Chester.
(2)
No commercial building shall be constructed unless all roof
leaders are connected directly to a storm drain system or a dry well,
and in no event shall they be connected to the sanitary sewer system
of the Borough of Chester.
(3)
In the event any owner of property applies for a building permit
to enlarge an existing building or to construct an additional building
on his property, then in that event, prior to a certificate of occupancy
being issued, all roof drains on the property that are presently connected
to the sanitary sewer system must be disconnected and connected to
either a dry well and/or the storm drain system of the municipality.
(4)
The Construction Official shall issue a permit for said repair
or reconstruction upon the applicant satisfying the provisions of
this section.
(5)
Upon completion of the work the Construction Official, or his
designee, shall reinspect the work in order to determine whether or
not the conditions of this section have been fulfilled.
D. Violations. In the event that the owner of real property in the Borough
of Chester violates any subsection of this section, the Construction
Official shall be empowered to give notice to the property owner of
the violation of same, and the same shall be corrected within 30 days
of receipt thereof. In the event that the property owner fails to
comply with the order of the Construction Official, the property owner
shall be determined to be in violation of this section.
E. Right to enter upon lands. For the purpose of administering and enforcing
this section, the Borough Construction Official, or its designee,
shall have the right to enter into and upon any lands for which an
application has been filed and may examine and inspect such lands,
buildings and structures located thereon.
F. Enforcement officer. The Construction Official or its designee is
hereby designated as the enforcement officer.
G. Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to those penalties set forth in Chapter
1, Article
III (General Penalty), of the Chester Borough Code.