The Township of Little Falls 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 chapter and occurring
under 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 Township may
have as to any other similar claims not recognized hereunder.
Claims recognizable hereunder shall be limited to only such claims for
actual damage to property directly caused by contact with public sewage that
has backflowed from the public sewerage system into private premises as the
result of a blockage within a public sewer main into which such private premises
is connected.
Any claim resulting from blockages within the sewerage system of private premises and any lateral or other type of connection leading from the 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 shall not be recognized as a claim under §
191-1. For the purposes 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 made.
Notwithstanding any provision in this chapter, no claim shall be recognized
in the event that the sewerage system upon the premises includes any drains,
appurtenances, openings or receptacles below the highest point of the existing
grade level over the lateral or other device connecting that sewerage system
into the public sewer main unless there is installed a check valve in the
system at a point nearer to the public sewer main than any of those drains,
appurtenances, openings or receptacles with the exception of one cleanout
opening before the check valve which shall be securely sealed. Such check
valve must be of such type as required by the administrative authority in
effect at the time of the adoption of this chapter for existing or new construction
under such circumstances. Such required check valve must have been maintained
in accordance with the requirement of its manufacturer for the proper operation
of such device, and any cleanout opening required in connection therewith
shall be kept securely sealed.
Only individual owners of single-family, two-family or multifamily 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.
The Township 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. All
other damages, including, but not limited to, nominal, prospective, anticipated,
speculative, remote, consequential, exemplary, pain and suffering and punitive
damages are excluded hereunder. Any claim partially covered by private insurance
shall be excluded from coverage under this chapter to the extent of such amount
of private insurance coverage.
The Township will compensate a qualifying claim for any of the aforesaid
recognizable damages up to a maximum limit of $1,500.
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 Township Administrator upon such form as he or she may hereafter
require within seven days of the discovery of the damage for which recovery
is sought. Any claim made thereafter shall be barred. The Township Administrator
may require, as he or she may deem in his or her 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 by the Township Administrator 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 Township.