Township of Medford, NJ
Burlington County
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[HISTORY: Adopted by the Township Council of the Township of Medford: Art. I, 12-21-1982 as Ord. No. 27-1982; Art. II, 3-5-1990 as Ord. No. 1990-5. Amendments noted where applicable.]
GENERAL REFERENCES

Division of Water and Sewers in the Department of Public Works — See Ch. 5, § 5-73.

Individual sewage disposal systems — See Ch. 118.

ARTICLE I
Utility (§ 121-1 — § 121-6) 

ARTICLE II
Drainage Devices (§ 121-7 — § 121-9) 

[Adopted 12-21-1982 as Ord. No. 27-1982]

§ 121-1
Establishment of utility. 

§ 121-2
Definitions. 

§ 121-3
General regulations. 

§ 121-4
Connections and extensions. 

§ 121-5
Billings, rates and fees. 

§ 121-6
Enforcement. 

§ 121-1 Establishment of utility.

A. 

Creation. Pursuant to N.J.S.A. 40:62-106, a sewer and water utility is hereby created and established in and for the Township of Medford, to be known as the "Medford Township Sewer and Water Division in the Department of Public Works."

B. 

Accounting. All future revenue and accounting therefor from said sewer and water utility shall be on a dedicated utility basis in conformity with N.J.S.A. 40A:4-35, and all moneys derived from the operation of said sewer and water utility and any other moneys applicable to its support shall be segregated and kept in a separate fund, which shall be known as "Sewer and Water Utility Fund," and all disbursements for the operation and maintenance of said sewer and water utility shall be taken from said Sewer and Water Utility Fund.

C. 

Budget. The dedicated budget of this sewer and water utility shall include appropriations for operating expenses, capital improvements, debt service and for the payment of all bonds, principal and interest and all other deferred charges and statutory expenses as may be required.

D. 

Administration. The administration of the sewer and water utility shall be under the Township Manager or his designee in the Division of Water and Sewer in the Department of Public Works.

E. 

Prior bonds not affected. The sewer and water systems for Medford Township were acquired and/or commenced operation at separate times. As such, there are outstanding bonds wherein specific sewer and/or water revenues are pledged and/or guaranteed for the repayment of said obligations. The operation of a joint sewer and water utility pursuant to the terms of this chapter shall not affect, impair or in any way alter the obligations of the township with reference to said bonds.

§ 121-2 Definitions.

Unless the context clearly indicates otherwise, the following words, terms and phrases shall have the following meanings when used in this chapter:

CUSTOMER or OWNER
Any person, corporation or organization contracting for water or sewer connections or use, products or services or who use said services, or who is the owner or occupant, or both, of any real property which directly or indirectly has been connected to the water or sewer system or to which directly or indirectly has been furnished or supplied the use, products or services of the water or sewer system or water or sewer services, facilities or products.
DIVISION
The Medford Township Sewer and Water Division of the Department of Public Works.
DOMESTIC SEWAGE
The normal waterborne fluid wastes from residences, commercial establishments, institutions and industrial establishments, limited exclusively to the wastes from kitchens, bathrooms, water closets, lavatories and laundries.
ENFORCING OFFICIAL
The Township Manager or his designee in the Department of Public Works.
INDUSTRIAL WASTES
The liquid wastes from commercial or industrial processes as distinct from domestic sewage.
MAIN
The township-owned or -leased piping and appurtenances in or along public highways and streets or along privately owned rights-of-way, used for the transmission of drinking water or for the collection of domestic sewage or industrial wastes from its customers.
NONRESIDENTIAL USE
All users and connections other than those defined as residential use, including but not limited to business, commercial, industry, restaurants, taverns, theaters, camps, churches, schools, hospitals, boarding homes, nursing homes, etc.
PERSON
An individual, corporation, partnership or other entity or organization, and includes the plural thereof as well as the singular.
RESIDENTIAL USE
A single-family or multifamily dwelling, apartment, trailer, mobile home, hotel or motel unit which is designed and used exclusively for providing living accommodations.
TOWNSHIP
The Township of Medford.
UNIT
In the case of a residential use, 1 single residential dwelling, including apartments; and in the case of a nonresidential use, a single nonresidential use drawing a maximum of 250 gallons of water per day.

§ 121-3 General regulations.

A. 

Connection required.

(1) 

The owner of any existing building located on any street or road where a sewer and/or water main exists shall connect to the sewer and/or water system and shall thereafter not use any private septic or individual sewage disposal system, well, pump or other private means of sewage disposal and/or water supply. This section shall not apply to any existing residential use located further than 300 feet from an existing sewer and/or water main and which has a private sewage disposal and/or water supply system satisfactory to the Burlington County Board of Health or a private water supply system or well for irrigation or other similar uses.

(2) 

A connection fee is required if a water main is installed in front of an existing building. The connection shall be at the owner's discretion.

[Amended 12-17-1990 by Ord. No. 1990-30]

(3) 

The owner of any building that is constructed hereafter on a street or road where a sewer and/or water main exists shall connect to the sewer and/or water system prior to the occupancy or use of such building.

(4) 

A water connection permit shall issue only upon the applicant's or owner's application or request for the issuance of a building permit.

[Added 5-6-1996 by Ord. No. 1996-5]

B. 

Prohibited connections.

(1) 

No private water system or supply shall be connected in any way to the township water system.

(2) 

None of the following shall be connected either directly or indirectly to the township sewer system:

(a) 

Floor drain, area drain or yard drain.

(b) 

Rain conductor or downspout.

(c) 

Grease pit.

(d) 

Air-conditioning equipment.

(e) 

Sump pumps.

(f) 

Stormwater inlets or catch basins.

(g) 

Any residential or manufacturing waste determined by the township to be or likely to be detrimental to the use, maintenance, repair and/or discharged effluent of the sewerage system or sewage treatment facilities or to the health, safety and welfare of the inhabitants of the Township of Medford.

C. 

Access to system. Employees and representatives of the township may, at all reasonable hours and at any time in the case of emergency, have free access to the sewer and water system, including lines, pipes and fixtures upon the premises or within the building, for the purpose of tests, inspection, emergency repairs, meter readings and such further acts as may be necessary to properly operate and maintain the sewer and water system.

D. 

Nonliability of township.

(1) 

The township shall not be held liable or accountable for any damage which may result from water leaks, burst pipes, sewer backups or from any other causes connected with the supplying of water or discharge of sewage in occupied or unoccupied buildings.

(2) 

The township undertakes to use reasonable care and diligence to provide a constant supply of water through its mains to consumers, but reserves the right at any time, without notice, to shut off the water in its mains for the purposes of making repairs or extensions or for other purposes. The township shall not be liable for a deficiency or failure in the supply of water for causes which could not be reasonably anticipated or foreseen, nor for damage caused by bursting or breaking of any main or service pipe or any other attachment of the waterworks of the township or for any other causes whatsoever.

(3) 

The township may exercise the right to limit the use of water for any specific purpose. This may be necessary due to excessive demand or the inability to maintain adequate pressure. When such conditions occur, the users will be advised by public announcement in the official newspaper or other means found necessary in an emergency.

E. 

Maintenance. The property owner shall be responsible for the maintenance of the service lines between the curb stop and the premises, except for the water meter, and shall keep the same in good repair and protected at all times from damage of any kind and shall be held liable for loss of water for failure to do so. All leaks in the service lines shall be promptly reported to the Division and repaired within three working days by the property owner.

F. 

Failure of a meter to register property shall be reported immediately to the Division. Charges for water during the period of such failure shall be computed on the basis of average consumption over a reasonable period of time prior to the reporting of the failure. Should a consumer believe that the meter is not registering properly, the consumer may file a written complaint with the Division, requesting an evaluation. If the meter is found to register more gallons than are actually being drawn by the consumer, there will be no charge for testing, replacing or repairing the meter. However, if the meter is found to register fewer gallons than are actually being drawn by the consumer by more than 1%, the consumer will be responsible for the entire cost of the test.

[Amended 12-13-2005 by Ord. No. 2005-27]

G. 

Other prohibited acts.

(1) 

No person, unless authorized by the Division, shall take water from any public fire hydrant except for fire purposes. No person shall in any manner obstruct or prevent free access to any fire hydrant, or place or store any object, material, debris or structure of any kind within a distance of five feet of any fire hydrant. Any obstruction, when discovered, shall be removed by the Division at the expense of the person responsible for the obstruction.

(2) 

No property owner, plumber or other unauthorized person shall turn the water off or on at any curb stop or disconnect or remove any meter without the consent of the Division.

(3) 

No owner of any tract or building supplied with water or sewer service by the Division shall supply other persons or buildings with water or sewer service.

(4) 

No person shall at any time obstruct free access to any curb stop, curb box, valve or other equipment or appurtenance of the sewer or water systems.

H. 

Improvements to system. All extensions, mains and other improvements to the sewer and/or water systems made at the expense of any person shall become the property of the Township of Medford and shall, after inspection and approval by the Township Engineer and the Division and acceptance by the Township Council, become the responsibility of the township for care, maintenance and repair.

I. 

Discontinuance of service.

(1) 

Water and/or sewer service may be discontinued for any of the following reasons:

(a) 

The use of water and/or sewer service for any property or purpose other than as described in the application or in violation of the terms of this chapter.

(b) 

Willful waste of water or sewer service through improper or imperfect pipes, fixtures or otherwise.

(c) 

Failure to maintain in good order the connections, service lines or fixtures owned by the property owner.

(d) 

Molesting, tampering with or attempting to molest or tamper with any service pipe, curb stop, seal, meter or any other fixtures or appliances of the Department.

(e) 

In case of vacancy of the premises.

(f) 

Nonpayment of bills for water consumed and/or sewer service or services rendered, or of fines and penalties imposed, or any other reason causing or tending to cause a loss to the Division.

(2) 

When service has been discontinued for any of the foregoing reasons, service shall not be restored until the defects have been remedied and the bills for water service due and a fee of $25 have been paid to cover the costs of turning on the water. Furthermore, the property owner shall be liable for any loss sustained by the Sewer and Water Division as a result of a violation of the aforesaid regulations.

(3) 

When requested by the property owner or his agent, the Division shall discontinue service to a property. A turn-on charge of $25 shall be paid prior to the time the service is restored.

(4) 

No adjustments of charges due to failure of the Division to discontinue or restore service as requested by a property owner shall be made unless the request is in writing and duly filed with the Division.

(5) 

When water is turned off or on at the request of the property owner, there will be no proration of the minimum quarterly charge, including the initial turn-on.

J. 

Automatic lawn irrigation systems.

[Added 6-3-1991 by Ord. No. 1991-9]

(1) 

All automatic lawn irrigation systems shall be equipped with a precipitation sensor to turn the irrigation system off in the event that precipitation occurs. The sensor shall be a cup-type sensor that will hold a moisture from rain precipitation. As long as the moisture is present in the cup, the irrigation system will not activate.

(2) 

It shall be the responsibility of the owner of the irrigation system to properly maintain the sensor. Failure to comply with this requirement will result in penalties established elsewhere in this Code.!BFN!Editor's Note: See § 121-6 of this chapter.!EFN!

(3) 

This sensor installation provision shall apply to all irrigation systems installed after the effective date of this subsection.

K. 

Water conservation and emergency management regulations. The following regulations shall be enforced and subject to fines established under § 121-6:

[Added 2-22-1994 by Ord. No. 1994-8; amended 5-19-1997 by Ord. No. 1997-13; 4-19-2000 by Ord. No. 2000-7]

(1) 

Stage 1. For the period of May 1 through September 30 of each year, the following water conservation regulations shall be in effect:

(a) 

The use of public water for irrigation shall be limited to an odd/even schedule according to date and the users' house number.

[1] 

The use of public water for irrigation shall be limited to six hours per day, from 5:00 a.m. to 8:00 a.m. and 5:00 p.m. to 8:00 p.m. prevailing time, in accordance with the odd/even schedule as set forth in Stage 1, above.

[2] 

Properties equipped with automatic sprinklers, for the purpose of watering lawns, shrubs, trees, flowers or gardens, are permitted to be watered according to the odd/even schedule from 5:00 a.m. to 8:00 a.m. only.

[3] 

Swimming pools are permitted to be filled or topped off in accordance with the odd/even schedule set forth in Stage 1 above.

[4] 

Flowers and shrubs on properties having hand-held hoses equipped with an automatic shut-off nozzle are permitted to be watered as needed.

[5] 

"Common areas," which shall be defined as an area within or related to a site, including but not limited to passive or recreation lots, median strips, or open space, intended for the use or enjoyment of residents, may be watered on even dates. Common areas shall specifically include (but are not limited to) any property owned and maintained by a homeowners' association.

(b) 

The following uses shall be exempt from the odd/even requirement:

[1] 

Use of water from private wells, lakes, streams or any source other than the municipal water system.

[2] 

Use of water for agricultural application.

[3] 

Use of water by a business engaged in the sale of plants, shrubs, trees, sod, etc., or landscaping services that require daily watering.

[4] 

Use of water for newly planted landscaping, for a period of time not to exceed 30 days from the date of installation.

[5] 

Use of water for fire suppression and protection.

[6] 

Use of water approved and authorized by the Division.

[7] 

Customers of the water system, using water from private wells, lakes, streams or other sources other than the municipal system, shall post a sign, visible from the street, stating the source of the water being used for irrigation purposes.

(c) 

The use of public water for irrigation and exterior water use shall not be permitted as follows:

[1] 

During periods of precipitation.

[2] 

To apply or to excessively run off, directly or indirectly, onto street surfaces, driveways or other impervious surfaces, except when authorized by the Division.

(2) 

Stage 2. Whenever conditions create, or threaten to create, a water emergency, the Township Manager or the Manager's designated representative shall have the authority to enact the following regulations:

(a) 

There shall be no permitted use of public water for irrigation or other exterior water uses, unless such use falls within § 121-3K(1)(b) exemptions.

(3) 

Stage 3. Whenever the State of New Jersey enacts a water emergency, under the authority of the Water Supply Management Act, N.J.S.A. 58:1a-1 et seq., and the Emergency Water Supply Allocation Plan Regulations (N.J.A.C. 7:19A-1.1 et seq.), the Township Manager or the Manager's designated representative shall enforce said regulations.

§ 121-4 Connections and extensions.

A. 

Application. Application for connection to the sewer and/or water system shall be made in writing on a form furnished by the Division and signed by the owner of the property for which said connection is being applied or by his or her authorized agent.

B. 

Sewer connection.

(1) 

The applicant shall be solely responsible for installing and paying for the lateral and all connections necessary between the building and the sewer main. A running trap must be placed between the curbline and the property line of the building by the applicant. All connection fees must be paid before a building permit is issued.

(2) 

All pipes connecting any building with the sewer from the sewer main in the street to the property line shall be heavyweight cast-iron or asbestos-cement sewer pipes of not less than five inches in diameter or as otherwise approved by the Township Engineer and shall be laid on a firm bed with holes dug out for all bells and on a grade of not less than 1/8 of an inch to the foot. Joints shall be watertight and rootproof. Cement joints shall not be approved.

(3) 

Before laying the pipe from the building to the sewer main and after the trench is graded, the bottom of the trench must be carefully rammed to avoid unequal settling of the pipe.

(4) 

In refilling any trench excavated for laying the pipe from the building line to the sewer, care must be taken to have the sand or gravel in the trench rammed and puddled in such manner as to prevent settling. This work, together with the replacing of the surface material of the road or street and pavement or sidewalk, must be done in a thoroughly workmanlike manner, and the said road or street and sidewalk shall be left in as good condition as the same was before being disturbed or dug up.

(5) 

A running trap must be placed at the curbline on all house drains.

(6) 

There shall be an inlet for cleanout purposes, which shall be at least four inches in diameter and shall extend to the top of the ground and shall be furnished with a solid, watertight removable cap or such other suitable appliance as shall be approved by the Department.

(7) 

No rainwater or drainage from surface or cellars whatever shall be allowed to be drained into the sewer.

C. 

Water connections.

(1) 

The applicant is responsible for the total installation costs, whether performed by the Division or the applicant, which shall include the digging of a trench, the making of a tap and laying of the water line from the main to curb stop and the furnishing and installation of the water meter. The water meter lines and curb stop shall be as approved by the Division. All water lines from the main to the curb stop shall be at least four feet below surface of finishing grade to ensure against freezing. Said water lines shall be separated from the sewer and other service pipes by at least two feet. Notice must be given to the Division at least two days before any inspection is required and stating the time when the trench will be opened and ready for inspection.

(2) 

The installation of the water meter shall be made by the township unless by virtue of the particular type of meter the applicant is authorized by the township to install the meter. The lateral from the distribution main to the curb box shall be installed in the area between the curb and the sidewalk or, if not practicable, at a location to be determined by the Division. The meter shall be installed in the dwelling with a remote outside station for meter reading purposes.

(3) 

All connections shall be metered, and any use of water without a meter makes the property owner liable for an amount of water consumed as estimated by the Division in addition to any penalties imposed under this chapter or the statutes of the State of New Jersey. No fixture of any kind from which water may be drawn shall be placed on the street side of the meter. The township may order the water supply discontinued upon repeated offenses.

(4) 

All water lines between the main and the curb stop, and the curb boxes and the water meters are the property of the Division and shall be maintained by the Division insofar as ordinary wear and tear are concerned.

(5) 

All plumbing and connections shall be designed to withstand a working pressure of at least 125 pounds to the square inch.

Editor's Note: Former Subsection C(6), which immediately followed this subsection, involving separate metering of irrigation systems on residential properties, amended 12-17-1990 by Ord. No. 1990-30, was repealed 5-6-1996 by Ord. No. 1996-5.

D. 

Multiple connections prohibited. A single-service line or lateral for sewer and/or water shall not be permitted to serve more than one unit without the approval of the Division and the payment of the appropriate additional connection fees and annual service fees.

E. 

Inspections. All work pursuant to the installation of a sewer and/or water connection must be inspected by the township through the Township Manager or his designee in the Department of Public Works. Any person making said connection shall notify the township prior to the commencement of work. Any work performed without inspection may be uncovered or removed for inspection.

F. 

Road openings. All road openings for sewer and water will be in compliance with Article II, Excavations in Streets, of Chapter 129, Streets and Sidewalks, of the Code of the Township of Medford.

G. 

Extensions.

(1) 

All applications for water or sewer main extensions shall be prepared, whenever necessary, by the customer at its sole expense and shall be subject to review and approval by the Division and the Township Engineer and shall be submitted to the Department of Environmental Protection in the name of the township as the applicant. All rights or entitlement contained in a main extension permit issued by the Department of Environmental Protection shall belong to the township and not to the customer. The township reserves the right to withhold the submission of a main extension permit to DEP for good cause. The township reserves the right to surrender any main extension permit to DEP on a section-by-section basis if substantial construction has not yet begun on that section to which the permit refers.

(2) 

Township approval shall be a condition precedent to the submission of a main extension application to the Department of Environmental Protection.

(3) 

No application for extensions shall be filed without certification from the Division that there is sufficient capacity in the sewer treatment plant or water supply system to properly service the proposed extension.

Editor's Note: Former Subsection G(4), requiring main extension permits, was repealed 4-19-1983 by Ord. No. 1983-11, and former Subsection G(5) was renumbered as Subsection (4).

(4) 

The applicant shall construct and install, at no cost to the township, all off-site and all on-site water and/or sewerage systems and facilities, including mains, force mains, pumping stations and any and all related appurtenances, which are necessary to extend service from the existing sewer and/or water system to the units for which application for service has been made. All construction shall be inspected by the Township Engineer, and the proposed improvements shall be covered by adequate performance guaranties as set forth in the Medford Development Ordinance.

Editor's Note: Said Development Ordinance is available at the township offices.

H. 

Priority list for sewer connections.

[Added 4-19-1983 by Ord. No. 1983-11]

(1) 

Terms and conditions of connection permit. Any person may apply for a connection permit to the sewage treatment plant, under the following terms and conditions:

(a) 

The application for connection permit shall be on a form and as set forth in § 121-4A.

(b) 

The granting of said application shall not entitle the applicant to connect to the sewage treatment plant until such time as the permitted capacity of the sewage treatment plant is expanded; said expansion is constructed and approved by the Township Engineer and accepted by the Township Council; and all required operating permits and other authorizations are received from the State of New Jersey, Department of Environmental Protection (DEP) and all other agencies, departments and governmental authorities having jurisdiction over said treatment plant.

(c) 

The applicant must conform to all other regulations set forth in this chapter and all other applicable ordinances of the township, and nothing herein shall be deemed to alter, change or amend the various provisions of the Medford Development Ordinance

Editor's Note: See Ch. 160, Land Use and Development, of Vol. II of this Code.
nor other general laws of the State of New Jersey involving the use of public sewers.

(d) 

No sewer connection permit shall be traded, sold, transferred or otherwise entitle any person to connect, except for the specific lot and block or unit or building number, for which said permit was issued. In the event of the sale of the lot, unit, subdivision and/or site plan for which a sewer connection permit has been issued but not yet connected, the applicant shall notify the township and request an amended permit listing the new owner, to be issued to the new owner of record.

(e) 

A sewer connection permit may aggregate all of the proposed lots in a subdivision and/or units in a site plan, but the specific number of connections sold shall be set forth on said permit.

(f) 

Payment of any sewer connection fee is expressly in addition to any other costs for constructing or installing any lateral, main or other appurtenance to the sewer system and inspection fees or other governmental charges required of the applicant in order to make said connection.

(g) 

Purchase of permits.

[1] 

Subject to the right of the township to repurchase any sewer connection permit, as set forth in Subsection H(1)(h) below, the owner of any lot, parcel or tract of land in the township where construction or extension of the public sewer is permitted by the Medford Development Ordinance, Ord. No. 1982-22,

Editor's Note: See Ch. 160, Land Use and Development, of Vol. II of this Code.
may purchase sewer connection permits for said lot, parcel or tract. The maximum number of permits which may be purchased shall not exceed the maximum number of residential dwelling units or nonresidential units which could be constructed on the lot, parcel or tract under the applicable density, zoning, use and performance standards and provisions of the said Development Ordinance. The number of sewer connection permits necessary to equal said maximum number of dwellings or units shall be calculated in accordance with § 121-5D of this chapter, and in the event of a dispute as to said number, the Township Attorney and/or Township Engineer shall determine the maximum number of sewer connection permits which may be purchased, and said determination shall be final.

[2] 

The issuance of said sewer connection permits does not in any way constitute approval to construct said units; and the Township, by issuing said permits, does not warrant or guarantee that the use proposed will in fact be approved or that the applicant will receive approval to construct the number of units for which permits have been purchased; nor does the issuance of any permits replace, alter or supersede any approval, without limitation, otherwise required or which may, in the future, be required for the construction, development or use of said lot, parcel or tract.

[3] 

If not previously purchased in accordance with the provisions above, it shall be a condition of preliminary subdivision and/or preliminary site plan, or any other approval required pursuant to the Medford Development Ordinance, for any use or development of land in the township that proposes or is required to construct or connect units or structures to the public sewer system that, within 30 days of the date of said approval, the applicant shall purchase the number of sewer connection permits to equal the number of residential dwellings or nonresidential units for which approval has been granted. Any sewer connection permits so issued are expressly subject to the right of the township to repurchase said permits as set forth in Subsection H(1)(h) below.

(h) 

At such time as the committed capacity of the sewage treatment plant equals 75% of the total permitted treatment or design capacity of the sewage treatment plant and at any time thereafter the township may elect, at the township's sole option, to repurchase any number of sewer permits so long as the criteria set forth below are met. This repurchase shall be accomplished by giving written notice to the record owner of any such permit, stating the township's intention to repurchase the permit or permits at least six months from the date of said notice. In the event that the unit or units for which the connection permits were issued are not physically connected to the sewage system within said six-month period, said repurchase shall be completed by the payment by the township of the original sewer connection fee paid by the applicant, together with interest on said connection fee in an amount and at the rate of interest received by the township at the time on ordinary passbook savings accounts, up to a maximum of 5 1/4% per annum. At the time that the township tenders said payment, the sewer connection permits which are repurchased shall be null, void and of no legal effect; and the township shall be free to sell new permits covering the capacity which had been reserved under the repurchased permits, subject to the remaining provisions of the Medford Township Code and Ordinances. The township may, at its sole discretion, designate any or all of the sewer permits that it obtains through purchase as not available for resale unless the applicant satisfies the hardship criteria set forth below.

[Amended 11-2-1992 by Ord. No. 1992-24]

[1] 

Repurchase criteria and methodology: All sewer permits that have been issued by Medford Township shall be subject to repurchase, except as set forth below:

[a] 

No permits may be repurchased to the extent of and for so long as such permits provide sewer service for any existing building or structure.

[b] 

No permits shall be repurchased for which sewer allocation has been reserved and/or approval has been received from the New Jersey Department of Environmental Protection and Energy (NJDEPE) for so long as said approval remains valid, including any extensions of said approvals, and for so long as construction pursuant to such approval is ongoing.

[c] 

No permits shall be repurchased to the extent that the underlying property or development project for which the permit or permits were purchased satisfies any of the following criteria: The permit is in use for a building or buildings; the applicant or property owner has made substantial expenditures (as that term is defined below) for construction of the sewer system on the property; the permit is issued for a sewer connection or connections that will remedy a proven public health hazard or population problem; the permit or permits are or will be used for a long-term health facility, a hospital, a fire or police station, senior citizen housing or housing for the handicapped; the permits will be used for the construction of a development which allows for or aids the township in satisfying its obligations to provide housing to households of low and moderate income, pursuant to the Medford Township Housing and Fair Share Plan; or the permit is for a building that was previously sewered and which was constructed prior to the imposition of the moratorium, but only to the extent of the prior usage (no additional sewer shall be obtained for future expansion or reconstruction).

[2] 

The township may, but need not, repurchase any or all of the sewer permits available for repurchase. In particular, the township shall analyze the above criteria and the needs of the township and the status of the permittee's property tax payments in considering whether and the extent to which to repurchase sewer permits from a permittee. In addition, the township may consider the type of development that is proposed for the property in light of the township's stated desire to maintain an appropriate mix of commercial and noncommercial development in Medford Township. The township, if it desires to repurchase sewer permits, shall commence such repurchases with the first permit which is available and not exempt as set forth above; however, the township may decide to allow a permittee to retain up to 10% of the total number of permits so as not to deprive such permittee and property owner of all use of the property for which the permits were purchased. The township shall proceed down its sewer permit list, which lists sewer permits by date of purchase, in effectuating the repurchase of any permits.

(i) 

Criteria for hardship determination. A property owner may request that the township sell a permit or permits for a particular development or property on the grounds that a hardship exists. The Township Manager or the Township Council may determine a hardship to exist in the following instances:

[Added 11-2-1992 by Ord. No. 1992-24]

[1] 

If Medford Township, prior to November 3, 1986, issued a building permit or preliminary or final subdivision approval, then the property or project covered by such permit or approval may be eligible for the sale of a sewer permit or permits based on hardship under the following terms and conditions:

[a] 

The applicant can show that, in good faith reliance upon the permit or approval, substantial expenditures have been made by the applicant for physical improvements to the property prior to the effective date of the sewer moratorium instituted by Medford Township.

[i] 

The payment of taxes, the purchase price, expenditures for preparation of engineering and architectural plans and for legal fees and other costs not expended for physical improvements to the land shall be ineligible for consideration in determination of substantial expenditures.

[ii] 

All claims for eligible expenditures shall be accompanied by certified true copies of contracts, receipts or invoices. An unverified list of expenses will fail to establish substantial expenditures.

[b] 

"Substantial expenditures" shall mean those eligible costs in excess of:

[i] 

Twenty-five percent of the cost of those projects whose total costs are $100,000 or less.

[ii] 

Twenty-five thousand dollars, plus 10% of the costs in excess of $10,000,000 for those projects whose total cost is less than $10,000,000 but more than $100,000.

[iii] 

One million twenty-five thousand dollars, plus 5% of the project costs in excess of $10,000,000 for those projects whose total cost is at least $10,000,000.

[iv] 

In addition, the applicant shall submit an estimate of the total cost with a certification that the estimate is true and accurate.

[2] 

If an existing building or group of buildings, constructed with an individual subsurface disposal system(s) prior to the effective date of the sewer moratorium is certified by the local health authorities and proven, to the satisfaction of the township, to be creating a health hazard due to overflow, contamination of the waters of the state or other malfunction and if the system cannot be reasonably rehabilitated, a hardship may be found to exist.

[3] 

If the application for sewer permits relates to a request to allow the construction of a project, which is to be publicly owned or operated, such as a long-term health care facility which has received a certification of need from the New Jersey Department of Health, a school, a hospital, a fire or police station or senior citizen housing, a hardship may be found to exist if, in the Township Council's opinion, there exists a sufficient public need for the proposed project.

[4] 

If the proposed project will replace a building, structure or unit with an existing sewer connection, the proposed project is eligible for a hardship determination only if the building, structure or unit with the existing connection was in use at the time that the sewer moratorium was instituted and if the proposed project will create a flow equal to or less than the flow of the former building, structure or unit and the proposed project will be at the exact same location as the existing building, structure or unit.

[5] 

If the proposed connection is for a groundwater remedial action that was approved by the New Jersey Department of Environmental Protection and Energy (NJDEPE) prior to the effective date of the sewer moratorium, a hardship may be found to exist.

[6] 

If the proposed project will have a total design flow, using NJDEPE criteria found at N.J.A.C. 7:9-1 et seq., of less than 400 gallons per day ("GPD") and will be constructed and/or operated on a tax lot that was in existence prior to the effective date of the sewer moratorium, a hardship may be found to exist.

[7] 

The township may determine that a hardship exists for the construction of publicly assisted housing, owned or operated by nonprofit organizations incorporated pursuant to N.J.S.A. 55:14I-1 et seq., or others for the purpose of providing housing that is designed to be occupied exclusively by low- or moderate-income senior citizens and/or which provides for occupancy by the handicapped.

[8] 

The Township Council may determine that a hardship exists if the sewer permits will allow the construction of a proposed residential housing project which aids the township in satisfying its obligations to provide housing to households of low and moderate income, as defined pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and N.J.A.C. 5:92-1.3.

[9] 

The township may determine that a hardship exists if there is no use to which a property can be put unless a sewer permit is issued; however, the township shall authorize the sale of only the minimum number of sewer permits deemed necessary to eliminate the lack of any possible use for the property.

[10] 

The township may decide, by resolution, that no sewer permits will be sold unless a hardship has been deemed to exist by the Township Manager and the Township Council.

(2) 

Priority list. The Township Manager, through the Manager's designee in the Division, shall maintain a sewer priority list, which shall list by name and, in the order in which said permits were granted, by date the owners of said permits, lots and blocks and unit numbers involved and the estimated gallons per day of the sewage anticipated to be generated by the said connection or connections. While the said permits are in effect, capacity shall be reserved for said connection or connections, subject to the right of the township to repurchase said permits in accordance with Subsection H(1)(h) above.

(3) 

Permit form. Said sewer connection permit shall be on a form as established by the Township Attorney, which shall contain the provisions of this Article, consented to and signed by the applicant.

(4) 

Prior sewer connection permits unaffected. The provisions of this Article shall not affect the rights of any person to whom a sewer connection permit has been granted or for whom capacity has been reserved pursuant to court order, dated February 28, 1977, of the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-10633-75 P.W., bearing caption entitled "Precision Homes, Inc., et al vs. Township of Medford, et al." However, in the event that capacity is being reserved for a lot or lots, but the sewer connection fee has not been paid and a sewer connection permit not issued, the owner shall pay the sewer connection fee for all said lots or units within 90 days of the effective date of this amendment; otherwise, said capacity shall no longer be reserved for said development.

(5) 

Refunds. The township will not issue refunds of connection fees paid for any connections not utilized by a developer, except for any permits repurchased by the township in accordance with Subsection H(1)(h) above. However, in the event that a contract for the expansion of the permitted capacity of the Medford Township Sewage Treatment Plant is not authorized by the Medford Township Council by December 31, 1984, any connection fees purchased pursuant to the provisions of this Subsection H will be refunded to the permit owner purchasing said connections, and no priority list will be maintained from and after said December 31, 1984, date. In the event of a refund under this section, no interest will be paid to the permit owner in consideration of the expenses of the township in the design of the proposed sewage treatment plant expansion.

[Added 2-7-1984 by Ord. No. 1984-1]

I. 

Oil and grease maintenance.

[Added 6-18-1985 by Ord. No. 1985-12]

(1) 

Discharge prohibited. Nonbiodegradable oil and grease of a mineral or hydrocarbon origin shall not be discharged to the sewer system.

(2) 

Interceptors required, generally. Oil and grease interceptors shall be installed when, in the opinion of the Plumbing Subcode Official, in accordance with N.J.A.C. 5:23-3.3, they are necessary for the proper handling of liquid waste containing floatable biodegradable oil and/or grease in excessive amounts, except that such interceptors shall not be required for private dwelling units, in accordance with the provisions of the Plumbing Subcode.

(3) 

Interceptors required, mandatory. Effective immediately, oil and grease interceptors (grease traps) shall be installed in wastewater lines leading from sinks, drains or other oil and grease waste-handling facilities in new and existing eating, drinking and food preparation establishments, including but not limited to those listed below, to intercept, separate and accumulate excessive amounts of oil and grease for proper removal, unless the Plumbing Subcode Official shall make a specific determination in writing and after examination that an interceptor is not required:

(a) 

Restaurants and cafeterias.

(b) 

Hotel/motel kitchens and full-service bars.

(c) 

Factory cafeterias or restaurants.

(d) 

Tavern kitchens.

(e) 

Office and commercial building cafeterias.

(f) 

Fast-food restaurants.

(g) 

Hospital kitchens and cafeterias.

(h) 

Private club restaurants and cafeterias.

(i) 

Camp restaurants, cafeterias or kitchens.

(j) 

School cafeterias.

(k) 

Church and Fire and Police Department kitchens used more frequently than two meals per week.

(l) 

Bakery kitchens.

(m) 

Meat and seafood preparation stores.

(4) 

Type and capacity. All interceptors shall be of a type and capacity approved by the Plumbing Subcode Official and shall be located as to be readily and easily accessible for cleaning and inspection. Oil and grease interceptors shall be the two-chamber type with inlet and outlet baffles, constructed of precast concrete or cast iron or other approved material and shall be located as close as possible to the wastewater source. The interceptor shall be of adequate capacity to trap the quantity of oil and grease contained in the wastewater. The required flow capacity shall be calculated from the number and kind of sinks or fixtures discharging to the interceptor. In addition, the interceptor should be rated on its accumulated grease capacity, which is the amount of grease (in pounds) that the trap can hold before its average efficiency drops below 90%. The grease retaining capacity in pounds shall equal at least twice the flow rating in gallons per minute. Recommended minimum flow rate capacities of interceptors (traps) connected to different types of fixtures is given in the following table.

Recommended Ratings for Commercial Grease Traps
Type of Fixture Rate of Flow (gallons per minute) Grease Retention Capacity (pounds) Maximum Capacity of Fixture Connected to Trap (gallons)
Restaurant kitchen sink 15 30 50.0
Single compartment scullary sink 20 40 50.0
Double compartment scullary sink 25 50 62.5
2 single compartment sinks 25 50 62.5
2 double compartment sinks 35 50 87.5
Dishwashers for restaurants up to 30 gallons' water capacity 15 30 50.0
30 to 50 gallons' water capacity 25 50 62.5
50 to 100 gallons' water capacity 40 80 100.0
(5) 

Maintenance of interceptors. All installed interceptors shall be properly maintained by the owner of the property where the interceptor is installed. The owner shall maintain records of the dates and manner of disposal, and said records shall be available for review by the Plumbing Subcode Official upon request. In addition. the interceptor itself shall be subject to inspection by the Plumbing Subcode Official at any time. The interceptor shall be cleaned as and when necessary for its proper operation and, at a minimum, shall be cleaned when 75% of the grease retention capacity has been reached. The owner of the property where the interceptor is installed is responsible for the proper removal and disposal by appropriate means of the collected material. Any removal and hauling of the collected materials shall be performed by currently licensed waste disposal firms.

(6) 

Replacement of interceptors. Any replacement of an existing interceptor shall be as required by the Plumbing Subcode Official in accordance with the provisions of this article and the applicable provisions of the Uniform Construction Code.

(7) 

Compliance. All new establishments, where required by Subsections J(2) or (3) above, and all existing establishments of the type of use set forth in Subsection J(3) above, shall comply with the provisions of this article prior to any new sewer connection being made or prior to continued use of the existing connection. Existing uses required to comply with the provisions hereof shall complete all compliance within 180 days from the effective date hereof. Owners of existing establishments shall notify the Plumbing Subcode Official in writing of the intent to install an adequate oil and grease interceptor, which shall be accompanied by a drawing and specification of the proposed installation prepared by a licensed engineer or plumber and shall be inspected and approved upon completion by the Plumbing Inspector. Existing establishments presently possessing operating oil and grease interceptors shall have such installations inspected for adequacy and compliance by the Plumbing Subcode Official. In any inspection, evaluation or enforcement of any provision of this chapter, the Plumbing Subcode Official may request the assistance of the Township Engineer. After the initial one-hundred-eighty-day period for compliance hereunder, any violations of the provisions hereof shall be subject to the provisions and penalties set forth in § 121-6, Enforcement. Nothing herein shall prevent the enforcement of any other provision of this article for any other violation of any required maintenance or provision during the one-hundred-eighty-day grace period.

§ 121-5 Billings, rates and fees.

Editor's Note: Specific fees relating to sewer and water service are contained in Ch. 71, Fees and Licenses, § 71-10.
A. 

General billing procedures.

(1) 

Sewer and/or water bills are payable quarterly unless it shall be determined by the Township that the average usage by meter readings exceeds 300,000 gallons per quarter, in which case bills shall be rendered and payable monthly.

[Amended 12-4-1984 by Ord. No. 1984-22]

(2) 

All charges for service not specifying a due date shall be due and payable when presented.

(3) 

Any water and/or sewer bill that is not paid prior to the first day of the month following the month in which said bills are presented shall be charged a penalty of 1% per month or fraction thereof on the amounts not paid.

[Amended 9-6-1983 by Ord. No. 1983-21]

(4) 

In the event that any bill for sewer and/or water service as set forth in this article remains unpaid for 60 days after the same has become due and payable, water service may be shut off after proper notice and shall not be renewed until the turn-on charge is paid and until satisfactory arrangements are made for payment of arrears and interest. If any charge shall remain in arrears for six months, the amount of said arrears, together with interest and lawful charges, shall be placed as a lien against the real estate in accordance with the provision of N.J.S.A. 40:14B-42.

[Amended 10-10-2006 by Ord. No. 2006-16]

(5) 

In special cases not contemplated by the rate schedules below or not clearly defined therein, the Township may establish special rates as the Township Council shall deem necessary to keep and maintain the Division on a self-liquidating basis, either by resolution or agreement with the user, approved by resolution.

B. 

Quarter-annual sewer service rates shall be as set out in Chapter 71, Fees and Licenses.

[Amended 8-2-1983 by Ord. No. 1983-18; 2-21-1984 by Ord. No. 1984-3]

C. 

Water rates shall be as set out in Chapter 71, Fees and Licenses.

[Amended 2-21-1984 by Ord. No. 1984-3]

D. 

Sewer connection fees shall be as set out in Chapter 71, Fees and Licenses.

[Amended 4-19-1983 by Ord. No. 1983-11; 2-21-1984 by Ord. No. 1984-3]

E. 

Water connection fees shall be as set out in Chapter 71, Fees and Licenses.

[Amended 2-21-1984 by Ord. No. 1984-3]

F. 

The fire hydrant rent fee shall be as set out in Chapter 71, Fees and Licenses.

[Amended 2-21-1984 by Ord. No. 1984-3]

G. 

The fire protection line fee shall be as set out in Chapter 71, Fees and Licenses.

[Amended 2-21-1984 by Ord. No. 1984-3]

§ 121-6 Enforcement.

A. 

Enforcing official. The provisions of this chapter shall be enforced by the Township Manager or his designee, including in all instances the Township Engineer.

B. 

Violations and penalties.

(1) 

Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made under this chapter, and any person who may be employed or assist in the commission of any such violation or violations, shall, upon conviction thereof, be subject to the following fines:

(a) 

Stage 1 and Stage 2 emergency violations:

[1] 

First offense: $50 minimum fine.

[2] 

Second offense: $100 minimum fine.

[3] 

Third offense: $200 minimum fine.

(b) 

Stage 3 emergency violations:

[1] 

First offense: $100 minimum fine.

[2] 

Second offense: $200 minimum fine.

[3] 

Third offense: $400 minimum fine.

(c) 

Further offenses may be fined at a maximum of $1,000 per day or imprisonment for a term not to exceed 90 days, or both, and each day during which such violations shall continue or are allowed to exist shall constitute separate and distinct offenses.

[Adopted 3-5-1990 as Ord. No. 1990-5]

§ 121-7
Intent. 

§ 121-8
Requirements. 

§ 121-9
Violations and penalties. 

§ 121-7 Intent.

The Township of Medford finds that the reduction of the amount of extraneous flow to its sanitary sewer system is an important public concern and is necessary in order to comply with the New Jersey pollution discharge elimination system permit issued to the Township of Medford. A portion of this extraneous flow enters the sanitary sewer system via sump pumps, roof drains and other drainage devices connected directly or indirectly to the township's sanitary sewer system. For the purpose of this Article, a direct connection is one that is intentionally installed in a manner which allows extraneous flow to enter the sanitary sewer system by piping connected to the sanitary sewer lines from any building or lot. Indirect sanitary sewer connections are those which allow extraneous flow to enter via a device such as a sink or floor drain.

§ 121-8 Requirements.

A. 

The Township of Medford shall require a certificate of continuing occupancy in accordance with the applicable Uniform Construction Code regulations on any sale or transfer of property to ensure that extraneous flow is not entering Medford's sanitary sewer system.

B. 

An inspection of said properties will be conducted by the township before a certificate of continuing occupancy is issued. It shall be the responsibility of the property owner to schedule an inspection with the Department of Public Works.

C. 

Should this inspection result in the discovery of sump pumps, roof drains and/or any other drainage devices connected directly or indirectly to the township's sanitary sewer system, the certificate of continuing occupancy will not be issued.

D. 

A certificate of continuing occupancy shall only be issued if these connections are permanently removed and disconnected from the township's sanitary sewer system in a manner approved by the township in accordance with applicable Uniform Construction Code regulations.

E. 

If conditions preclude the immediate disconnection of the disallowed flow, a cash bond in the amount of $2,000 shall be posted with the township to guarantee the completion of said work. Upon the posting of the bond, the township shall issue a certificate of continuing occupancy. The cash bond, with accrued interest, will be released to the property owner upon inspection and approval by the township.

§ 121-9 Violations and penalties.

Any person violating any provision of this Article shall, upon conviction, be subject to a fine not exceeding $500 per month at the discretion of the court. A separate offense shall be committed for each thirty-day period during which a violation occurs or continues.