The use of all sanitary sewers in the Township of Washington
shall be in compliance with the rules and regulations of the Bergen
County Utilities Authority. The adoption of this article by the Township
of Washington shall include the adoption of all future amendments
to the aforesaid rules and regulations, provided that prior to the
enactment thereof the Township of Washington shall be given 45 days'
advance notice, and further provided that the Township of Washington
shall have been afforded an opportunity to comment thereon at a public
hearing.
The Township of Washington hereby adopts and enacts the user charge system contained in the rules and regulations of the Bergen County Utilities Authority and authorizes the immediate implementation thereof. The annual user charges shall be computed on the previous calendar year's usage and the current calendar year's flow charge rate and billed in accordance with the procedure set forth in §
385-48 hereof.
[Amended 9-4-1990 by Ord.
No. 90-7]
There shall be allowed as a credit against the annual user charge levied by §
385-42 hereof an annual credit equivalent to the user charge resulting from 100,000 cubic feet of flow. Such credit shall be computed using the flow charge rate imposed by the Bergen County Utilities Authority upon the Township of Washington for the current calendar year. Such credit shall not be accumulated from year to year, nor shall such credit reduce the charge otherwise payable under §
385-42 hereof to less than $0 for any year. Such credit shall not be available to tax exempt users, except single-family residences, in the Township of Washington who shall be charged for sewer usage on a dollar-for-dollar basis on the basis of the Tier Two User Charge System Schedule for Washington Township Tax Exempt Users submitted by the Bergen County Utilities Authority.
The credit extended by §
385-43 hereof shall be available to each property using the sanitary sewers of the Township of Washington.
The following provisions shall apply to any homeowners'
association, condominium, cooperative or similar entity which has
single water meters to measure water usage of more than one residential
unit:
A. The credit against user charges under §
385-43 hereof shall be multiplied by the number of residential units whose water usage is measured by the single water meter.
B. The total credit available under Subsection
A hereof shall be applied to the total user charge applicable to the single water meter. The homeowners' association, condominium, cooperative or similar entity shall be liable for any charges remaining after application of the credit.
All privately owned water wells which are connected to water
systems eventually discharging into the sanitary sewers of the Township
of Washington shall be subject to the followings provisions:
A. The owners of wells existing at the date of adoption of this article
shall notify the Township Clerk of the Township of Washington, in
writing, of the existence and location of such wells within 30 days
after the date of passage of this article.
B. The owners of wells constructed or completed after the adoption of
this article shall notify the Township Clerk of the Township of Washington,
in writing, of the existence and location of such wells within 30
days of the first usage of such well.
C. The Township Engineer of the Township of Washington may inspect such
well to determine the usage thereof, if, in the opinion of the Township
Engineer, such well's actual water production, together with
the other water usage of the owner thereof, exceeds 100,000 cubic
feet of water per year, the Township Engineer shall transmit his opinion,
in writing, to the Township Council of the Township of Washington.
After receiving such opinion, the Township Council may require the
owner of such well to install and maintain a water meter thereon,
at the owner's expense, by adoption of a resolution.
D. If a water meter is required by resolution as provided in Subsection
C hereof, the owner must install such meter within 60 days of adoption thereof. If the owner shall fail to do so, the Township Council of the Township of Washington may, by resolution, provide for the installation of such meter and add the cost thereof to the user charge levied under §
385-42 hereof.
Before any sewer shall be permitted to flow into any sanitary
sewer of the Township of Washington, the Plumbing Subcode Official
shall first determine that such sewer and associated drains function
properly, in accordance with all applicable rules, regulations and
ordinances of the Township of Washington.
Billing for the user charges imposed by §
385-42 hereof shall be in accordance with the following procedures:
A. In February of each year, the Business Administrator and the Tax
Collector shall attend to the preparation of bills computed on the
previous calendar year's usage and the current calendar year's
flow charge rate.
B. Bills shall be mailed by the Tax Collector of the Township of Washington
to the owners of all properties incurring charges not later than February
28 of each year.
C. Bills are due and payable to the Tax Collector on April 1 of each
year. If such charges are not paid in full as of that date, the unpaid
charges shall be deemed delinquent from such date, and such unpaid
charges shall become a lien upon the properties incurring them as
of that date.
D. All user charges which become delinquent under the provisions of Subsection
C hereof shall bear interest and penalties from the date of delinquency at the same rate as all charges for general taxation and shall be collected and enforced in the same manner as general taxation.
E. No charge levied by §
385-42 hereof shall be invalid by reason of any error or omission in stating the name of the owner or owners of property affected by such charge if such property or properties have actually incurred such charges.
F. No charge levied by §
385-42 hereof shall be invalid by reason of the failure of a property owner to receive a bill therefor. Every owner is put on notice to ascertain from the Township of Washington the amount which may be due for such charges.
G. After receipt of the Tier Two User Charge System Schedule for Washington
Township for Tax Exempt Users from the Bergen County Utilities Authority,
the Business Administrator and the Tax Collector shall attend to the
preparation of bills to such tax exempt users based upon the Tier
Two User Charge System Schedule. Bills shall be mailed by the Tax
Collector of the Township of Washington to all tax exempt users incurring
charges. Bills are due and payable to the Tax Collector within 30
days of the mailing of such bills. If bills are not paid in full within
said thirty-day period, the unpaid charges shall be deemed delinquent
from such date, and such unpaid charges shall become a lien upon the
properties incurring them as of that date. All such charges which
become delinquent shall bear interest and penalties from the date
of delinquency at the same rate as all charges for general taxation.
No charge levied upon a tax exempt user shall be invalid by reason
of any error or omission in stating the name of the owner or owners
of property affected by such charge if such property or properties
have actually incurred such charges; nor shall any charge levied upon
a tax exempt user be invalid by reason of the failure of a tax exempt
user to receive a bill therefor. Every tax exempt user is put on notice
to ascertain from the Township of Washington the amount which may
be due for such charges.
[Added 9-4-1990 by Ord.
No. 90-7]
In all instances where property is connected to the sanitary sewer system of another municipality, the user charge under §
385-42 hereof shall be calculated in accordance with the agreements between such municipality and the Township of Washington. Such property shall be entitled to a user credit under §
385-43 calculated in accordance with the lower of the following:
A. The Bergen County Utilities Authority's flow charge rate applicable
to the Township of Washington for the current calendar year; or
B. The flow charge rate applicable under such agreement for the current
calendar year.
Not fewer than three copies of the rules and regulations of
the Bergen Counties Utilities Authority shall be on file with the
office of the Township Clerk of the Township of Washington for public
inspection during Township business hours. In addition, copies of
said rules and regulations are available from the Bergen County Utilities
Authority for the costs of publication thereof.
The Mayor and Clerk of the Township of Washington are hereby
authorized to act as signatories upon, and to execute on behalf of
the Township of Washington, any amendment of the existing service
agreement with the Bergen County Utilities Authority which embodies
the intent and purpose of this article.