[Adopted 4-9-1968; amended 4-25-1972; 5-8-1973; 6-12-1973; 2-26-1974; 12-22-1975; 12-22-1976; 7-23-1979; 1-26-1982; 8-14-1984; 12-11-1984; 12-26-1984; 3-26-1985; 2-27-1990; 12-22-1992; 2-8-1994; 6-14-1994; 2-15-1995; 5-9-1995; 8-12-1997; 12-9-1997; 3-14-2000; 4-11-2000; 5-9-2000 (Sec. 8:3 of
the 1975 General Ordinances)]
The Public Works Director/Superintendent of
the Township of Burlington shall have control and supervise the Sewer
Division.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
The Mayor shall appoint a Chief Sewer Plant
Operator. Such appointment shall be made with the approval of Council
and in accordance with law and subject to civil service regulation
for the position. Said Chief Sewer Plant Operator shall hold such
license or licenses as required by the New Jersey Department of Environmental
Protection for the operation of sewer plants of the class operated
by the Township of Burlington.
A.
Disposal facilities. All properties having any type
of disposal facilities and abutting on streets where sewer mains are
laid shall make connections with the sewerage system unless such connection
shall be physically impracticable.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B.
Pipe connections. All pipe connections shall meet
with the approval of the Director, Chief Operator and/or the Township
Engineer.
C.
Vents in laterals. Vents in laterals shall be installed
in a manner as to prevent any breaking or damage to the pipe and shall
also be fitted with a cap to prevent dirt and debris from entering
the sewerage system.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 12-12-2017 by Ord. No. 17-OR-032]
D.
Procedure approval required. All procedures shall
be approved prior to beginning of work and inspected after the connection
is made.
All connections with the sewer laterals shall
be made only by a plumber duly licensed by the State of New Jersey.[1]
[1]
Editor's Note: Original Sec. 8:3-4B, which
contained bond requirements for plumbers, which previously followed
this section, was deleted 9-23-2008 by Ord. No. 08-OR-025.
Where it is necessary that any street in the Township of Burlington be excavated in order to connect any laterals, the applicant shall comply with the requirements of Chapter 520, Streets and Sidewalks, Article II, Road Openings. The applicant shall, at his own cost or expense, make or cause to be made all necessary excavations in the streets or highways without damage to the main sewer, shall cause the paving and earth so excavated to be deposited in a manner which shall occasion the least inconvenience to the public, shall provide for the passage of water along the gutters and shall cause the paving, flagging and the roadbed to be restored as quickly as possible to as good condition as same was prior to excavation and shall also be responsible for all damage by reason of all such excavation or for the imperfect filling in of the same. In any cases where the highway or road or street must be left open at night, same must be barricaded and marked with the proper damage signals.
No person shall make any connection, alteration,
addition or disconnection to the sewerage system of the Township of
Burlington without obtaining a permit in writing from the Superintendent
of Public Works of the Township of Burlington. Any application for
a permit for a connection to be made to the sewerage system shall
be in writing, setting forth the location of property, description
of the improvement and nature of the waste to be carried by the said
connection and shall also state whether or not there is any change
in the nature of the occupancy of the building from dwelling to apartment
or commercial or professional.
A.
Permit required. No person shall make any connection, alteration
or disconnection to the sewerage system without first having applied
for, and obtained, a permit from the Superintendent of Public Works.
The permit application shall be signed by the owner of the property
for which the connection, alteration or disconnection is requested
and shall set forth the location of the property by address and block
and lot, the description of the improvement, the nature of the proposed
waste, and such other information as the Superintendent of Public
Works shall deem necessary in order to issue the requested permit.
No person shall make any connection, alteration or disconnection without
paying the required fees.
[Amended 5-28-2013 by Ord. No. 2013-OR-015; 12-12-2017 by Ord. No. 17-OR-032]
B.
Connection fees.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
(1)
Residential connections. For residential dwellings, the Superintendent
of Public Works shall issue a permit upon payment of $2,663 per equivalent
dwelling unit (EDU), whether apartment, condominium, townhouse, duplex
or single family. An EDU shall be based upon 300 gallons per day of
projected sewage flow.
(2)
Nonresidential connections. For nonresidential connections, the Superintendent
of Public Works shall issue a permit upon payment of a connection
fee based upon the rate of $9 per gallon per day of projected sewage
flow or the minimum connection fee of $2,663. The estimated flow shall
be determined by utilizing the then-current projected flow criteria
employed by the New Jersey Department of Environmental Protection
for treatment works approval as set forth in N.J.A.C. 7:14A-23.1 et
seq. Insofar as the projected flow is not set forth in N.J.A.C. 7:14A-23.1
et seq., particularly facilities that require an industrial treatment
works approval, the person seeking a permit shall propose the projected
flow based upon operation of similar facilities or best professional
judgment. The Superintendent of Public Works may accept, modify or
deny the proposed flow values.
(3)
Public agency agreement. The Township Council may elect to establish
a connection fee by agreement with another municipality, or sewerage
authority or municipal utilities authority.
C.
Flow for facilities that have combined uses shall
be determined by the summation of all appropriate projected flow values
for each use.
D.
For establishments and/or facilities, and in particular
facilities that require an industrial treatment works approval that
are not covered in the table above, the applicant shall propose the
projected flow based upon operation of similar facilities or best
professional judgment. Burlington Township reserves the right to accept,
modify or deny the proposed flow values.
A.
Commencing January 1, 2000, billing for sewer charges
will be done on a quarterly basis.
B.
Effective July 1, 2013, sewer billing rates shall
be in accordance with the following schedule:
[Amended 12-30-2008 by Ord. No. 08-OR-036; 5-28-2013 by Ord. No. 2013-OR-015; 8-11-2015 by Ord. No.
15-OR-022]
|
Schedule A
| |||
|---|---|---|---|
|
Sewer Classification
|
Annually
|
Quarterly
| |
|
Residential dwellings
|
$497
|
$124.25
| |
|
Garbage disposal
|
$166
|
$41.50
| |
|
All commercial and industrial users, minimum
charge for first 16,000 gallons
|
$497
|
$124.25
| |
|
All commercial and industrial users, for all
in excess of 16,000 gallons
|
$7.48 per 1,000 gallons
| ||
C.
Effective July 1, 2013, pursuant to N.J.S.A. 40A:
26A-10.1, the annual sewer rate shall be $209, or $52.25 per quarter,
charged to or collected from any person residing within the Township
of the age of 65 or more years and who has a total income not in excess
of $10,000 per year exclusive of benefits under any one of the following:
[Added 12-30-2008 by Ord. No. 08-OR-036; amended 5-28-2013 by Ord. No.
2013-OR-015]
(1)
The
Federal Social Security Act, 42 U.S.C. § 301 et seq., and
all amendments and supplements thereto;
(2)
Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under, Subsection C(1) of this section, including, but not limited to, the Federal Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq., and federal pension, disability and retirement programs; or
(3)
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under Subsection C(1) of this section, except that the total amount of benefits to be allowed exclusion by any owner under Subsection C(2) or (3) of this section shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under Subsection C(1) of this section.
D.
Should the Township Council elect to enter into an agreement with
another municipality, or sewerage authority or municipal utilities
authority, the agreement shall provide for the billing rate, the method
of billing, frequency of payment, notice of rate changes, and related
matters.
[Added 12-12-2017 by Ord.
No. 17-OR-032]
[Amended 9-23-2008 by Ord. No. 08-OR-025]
All connections shall be made in a careful and
workmanlike manner and shall consist of pipe of accepted standard
construction and type approved for a particular installation at least
four inches in diameter. Said connections shall, in all respects,
conform to the Plumbing Code of the Township of Burlington and the
rules and regulations of the Township of Burlington concerning same.
All connections shall be inspected and approved by the Chief Operator
of the Sewer Division or the Plumbing Inspector within 48 hours of
the receipt of notice of completion of the work, who will signify
his approval by proper endorsement of the same on the permit to make
such connection. Under no circumstances shall any fixture be installed
in a building lower than front curb elevations, unless provided with
individual home pumping units.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
A.
The sewerage system shall be used only for the discharge
of fluid refuse from sinks, bath and house laundry tubs, shower bath,
urinals and waste from toilets, all of which shall hereafter be referred
to as "domestic waste" and such other waste as the Council may, by
special permission, allow to enter said sewerage system as hereinafter
provided for.
B.
No person, firm, corporation, owner, user or tenant
of any lands and premises shall cause to be drained, permit to flow
or deposit into any part of the sewerage system the following matter:
(1)
Gasoline, naphtha or other explosive matter, acid
matter having antiseptic properties, garbage, offal, animals, vegetable
parings, ashes, cinders, rags, wax, oils or other articles or things
which are liable to injure said sewerage system or any part thereof
or obstruct the flow of sewerage therein.
(2)
The exhaust from any steam engine boiler.
(3)
Any storm, roof or surface water drainage.
(4)
The discharge from air-conditioning units.
(5)
The discharge from sump pumps.
(6)
Excessive inflow and infiltration of stormwater or groundwater, regardless
of cause, which the Superintendent of Public Works determines to be
a burden to the sewerage system.
[Added 12-12-2017 by Ord.
No. 17-OR-032]
[Amended 12-12-2017 by Ord. No. 17-OR-032]
A.
The granting of special permission by the Council
of the Township of Burlington to discharge industrial waste into said
sewerage system shall not be construed to establish a precedent upon
the application for permission to discharge similar industrial waste
into said sewerage system, and such special permission, when granted,
shall not be deemed to be a continuing right to discharge industrial
waste into said sewerage system but may be revoked at any time, in
addition to other causes for revocation contained herein, by the Council
when it is determined by that body that the terms and conditions of
said special permission have been violated or that the flow in said
sewerage system will overburden its capacity to the detriment of other
users of said sewerage system.
B.
This discharge of industrial waste into said sewerage
system, when specifically permitted by the Council as herein provided
for, shall be by a separate connection from that used for discharge
of domestic waste and be pretreated and have the same characteristics
as domestic waste.
All main extensions laid in connection with
the Township of Burlington sewerage system shall be not less than
eight inches in diameter, and all lateral connections to properties
shall be not less than four inches in diameter and shall be of a material
approved by the Township Engineer.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 12-12-2017 by Ord. No. 17-OR-032]
A sewer lateral is the pipe connecting a structure to the Township sewerage system, including any cleanout, curb vent, pumping equipment, where applicable, and the physical connection itself. Each sewer lateral belongs to the owner of the connected structure, who shall be responsible for cleaning, maintaining and replacing the sewer lateral. Failure of the owner to clean, maintain or replace the sewer lateral may result in enforcement action pursuant to Chapter 442.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
The Sewer Division shall have the right of access
at all reasonable times to all parts of any premises connected with
the sewerage system for the purpose of examining and inspecting the
sewer connections and fixtures draining into sewer mains.
[Amended 11-9-2011 by Ord. No. 11-OR-023]
A.
Grease
traps or other appliances necessary to properly protect the sewerage
system from stoppage shall be installed by the owner or occupant of
the property, at its or his expense, when notified by the Chief Sewer
Plant Operator or the Plumbing Inspector, in writing, to make such
installation. Upon failure or neglect of any such owner or occupant
to comply with such notice, in addition to the penalties hereinafter
provided for violation of this chapter, the permit to connect said
property with the sewerage system may be revoked by the Township Council.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B.
Routine
inspections will be made by Sewer Department personnel to ensure proper
maintenance and cleaning of grease traps or other appliances. Restaurants
are required to keep a manifest or service log on site indicating
proper disposal. Grease traps shall be fully evacuated, cleaned and
inspected when the remaining storage capacity has been reduced to
25%.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
In the event that the Council shall revoke a permit as provided for in §§ 467-17 and 467-21, the discharge of sewage into the sewerage system shall be immediately discontinued, and any person, firm, corporation or occupant of any premises who shall continue to discharge sewage into the sewerage system after said revocation shall be deemed to have violated this article, and each day's continuation shall constitute a separate violation thereof.
A.
An unused building connection shall not be connected
with the sewerage system until the Superintendent of the Sewer Division
has inspected the same and has found it to be clean and to conform
to the requirements of this article.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B.
Upon the demolishing or razing of a building, the
connection shall be sealed in a manner to be approved by the Superintendent
of the Sewer Division at the expense of the owner.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Sewer charges for all industrial and commercial
users are payable quarterly in advance at the Office of the Tax Collector
of the Township of Burlington. Sewer charges for all other classes
of users are billed quarterly. When contracts are made during the
year, the fractional part thereof shall be paid forthwith.
All services or rental charges established herein
shall be payable to the Collector of Taxes of the Township of Burlington
and shall be and remain a lien upon the premises served by such sewer
connection the same as all other taxes and municipal charges upon
real estate under the laws of the State of New Jersey; the Township
of Burlington shall have the same remedy for the collection thereof
with interest, costs and penalties as fixed by the Township as said
Township now has 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.
A.
Bills against Sewer Division. Bills and charges against
the Sewer Division shall be audited and paid in the same manner as
other bills and charges against the Township.
B.
Charges on connection. As required under § 467-10 of this article, all properties which contain occupiable structures and abut on a street where sewer mains are laid shall connect with the sewerage system within one year from the date that the Superintendent of the Department of Public Works shall certify that connection is possible. The Tax Collector shall upon certification mark her records accordingly, and upon connection or in any event not later than one year from the date of certification, the Tax Collector shall begin to collect the annual sewer charges required under § 467-24 of this article.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
D.
Installment payment of connection fees.
(1)
Sewer and water connection fees may be paid, by every
person who is a citizen and resident of the Township of Burlington
having an annual income not in excess of the limitations provided
in this section and residing in a dwelling house owned by him which
is a constituent part of his real property or residing in a dwelling
house owned by him which is assessed as real property but which is
situated on land owned by another or others, annually, on proper claim
being made therefor, in equal yearly installments not exceeding 10,
with legal interest thereon on the anniversary date of the first payment,
but any such person may pay the whole of any connection fees or any
balance of installments with accrued interest at any one time. If
any such installment shall remain unpaid for 30 days after the time
when the same shall have become due, the whole connection fee or balance
due thereon shall become and be immediately due, shall draw interest
at the rate imposed upon the arrearage of taxes in Burlington Township,
and be collected in the same manner as past due assessments.
(2)
Income requirements.
(a)
One's income, including the income of one's
spouse, during each year that yearly installments are paid must not
exceed $10,000 to qualify for the installment payment of connection
fees. One's income means all income received by claimant and spouse,
from whatever source derived, including, but not limited to, salaries,
wages, bonuses, commissions, tips and other compensations before payroll
deductions, all dividends, interest, realized capital gains, except
for a capital gain resulting from the sale or exchange of real property
owned and used by the taxpayer as his principal residence and on which
he received a deduction allowed by N.J.S.A. 54:4-8.40, royalties,
income from rents, business income and, in their entirety, pension,
annuity and retirement benefits, exclusive of benefits under any one
of the following:
[1]
The Federal Social Security Act and all amendments
and supplements thereto;
[2]
Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in or for persons excluded from coverage under Subsection D(2)(a)[1] hereof, including but not limited to the Federal Railroad Retirement Act and federal pension, disability and retirement programs; or
[3]
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof for persons not covered under Subsection D(2)(a)[1] hereof.
(b)
Provided, however, that the total amount of benefits to be allowed exclusion by any owner under Subsection D(2)(a)[2] or [3] hereof shall not be in excess of the maximum amount of benefits payable to and allowed for exclusion by an owner in similar circumstances under Subsection D(2)(a)[1] hereof.
[1]
Dividends, interest, realized capital gains,
pensions, annuities and retirement benefits not otherwise excluded
herein must be included in full without deductions even though they
may be wholly or partially exempt for federal income tax purposes.
[2]
"Business income" means gross income derived
from a business, trade, profession or from the rental of property
after deductions therefrom of the ordinary and necessary expenses
attributable to the business, trade, profession or from the rental
of property which are allowed under the Federal Internal Revenue Code
and regulations issued thereunder.
[3]
Federal Internal Revenue Code income definition,
when applicable: Except as herein otherwise indicated, the definition
of income under the Federal Internal Revenue Code and the regulations
issued pursuant thereto shall constitute the basis for computing claimant's
income for the purpose of determining whether a claimant meets the
applicable income limitation.
[4]
The income of the claimant shall be combined
with the income of his or her spouse for the purpose of determining
whether claimant's income during the tax year exceeds $10,000. However,
for that portion of the tax year that the claimant's spouse was living
apart in a state of separation, whether under judicial decree or otherwise,
the income of the spouse attributable to that portion of the year
shall be deducted from the combined income.
[5]
No applicant shall fail to include any portion
of the income of his or her spouse unless such exclusion is accompanied
by proof that the spouses were living apart in a state of separation.
Proof of separation shall be the judicial decree of divorce known
as a "judgment of divorce from bed and board" or a separation agreement
or affidavit of such separation. "State of separation" shall mean
a permanent and indefinite period of separation and shall not mean
temporary periods of separation such as separate vacation, business
trips, hospitalizations, etc.
[6]
The income of the claimant shall not be combined
with the income of members of the claimant's family other than his
or her spouse for the purpose of determining whether the claimant's
income during the income period exceeds $10,000.
(3)
To qualify for this installment connecting fee, one
must file a claim on a form prepared by the Township of Burlington
which states that the person meets these income requirements. The
form shall be filed with the Director of Welfare. The Director of
Welfare shall certify eligibility to participate in this program.
The Director of Welfare may, at any time, inquire into the right to
the continuance in this program, and for that purpose he or she may
require the filing of a new application or the submission of such
proof as he or she shall deem necessary to determine the right to
continuance in this program.
A.
Where a public sanitary sewer is not available under
the provisions of this article, the building sewer shall be connected
to a private sewage disposal system, which type, capacities, location
and layout shall comply with all regulations of the New Jersey State
Department of Health and Senior Services and any local ordinances
and regulations.
B.
No waste from a septic tank or cesspool shall be permitted
to be discharged into any public sewer.
Where in the opinion of the Director the Sewer Division has made repairs to a system or facility which does not belong to the Township of Burlington, the Superintendent shall cause a bill to be prepared and presented to the owner of the system or facility in question, to be sent by regular mail to his address as it appears on the Tax Map of the Township of Burlington, to reimburse the Township for all labor and material performed in providing the services to the system or facility owned by someone other than the Township. In the event that this bill is not paid within 30 days from the date of sending said bill, it shall become a lien against the property and collected in the same fashion provided for with regard to other sewer charges and as set forth in § 467-26 of this article.
[Amended 4-10-2007 by Ord. No. 07-OR-009; 4-22-2008 by Ord. No. 08-OR-007; 4-24-2012 by Ord. No. 12-OR-007; 12-12-2017 by Ord. No. 17-OR-032]
Upon receipt of a written request by the owner of the property,
which request shall provide that the Township is not responsible for
any damage to the lateral, or the property itself, the Superintendent
of Public Works may, in his or her discretion, authorize that the
curb vent be plunged at the cost of $100 to be paid in advance by
the owner of the property.
[1]
Editor's Note: Former § 467-30, Residential formula
sewer rate, as amended, was repealed 5-28-2013 by Ord. No. 2013-OR-015.
