No connection shall hereafter be made to the
sanitary sewer collection system unless the proposed development satisfies
any one of the following criteria:
A. The proposed development will have a total projected
flow of 250 gallons per day or less and meets the following requirements.
(1) The development will be constructed on a tax lot which
was in existence prior to the effective date of this article and which
conforms to the bulk and use requirements of the zoning ordinance; and
(2) The proposed development does not require a sewer
extension.
B. The development will replace a building, at the same
location, which was connected and actively discharging wastewater
to the Borough's sanitary sewer collection system at the effective
date of this article, and the replacement facility will create flow
equal to or less than the former facility, calculated in accordance
with either one of the following:
(1) The projected flow of the proposed building is less
than or equal to the projected flow of the existing building based
on the criteria contained in N.J.A.C. 7:14A-23.3; or
(2) The projected flow of the proposed building, based
on N.J.A.C. 7:14A-23.3, is equal to or less than the actual flow of
the existing building based upon water records for the most recent
twelve-month period available.
C. The owner/applicant of the project has obtained a
building permit prior to the effective date of this article and is
otherwise lawfully entitled to initiate construction in conformance
with previously issued valid approvals.
D. There exists a necessary immediate and sufficient
public need for a proposed development such as for health, safety,
food or shelter, there are no reasonable alternatives including alternate
sites, and the project is publicly owned or operated.
The general policy and procedure for sewer connections
shall include the following:
A. The burden of proof is upon the applicant for all
exemption requests, and the Borough shall presume that all applicants
have knowledge of the sewer connection ban after the effective date
of its imposition.
B. No connection shall be granted when any person proceeded
with a proposed development, without first obtaining all necessary
approvals, and thereby increases or creates a self-imposed hardship.
C. Additional documentation or information that is relevant
to the development may be required. Failure of the applicant to supply
the additional information may serve as a basis for denial of the
application.
D. Water conservation plumbing is required in all instances
of new or modified plumbing or piping. Water conservation plumbing
is a condition of the exemption.
E. An exemption granted for a specific development at
a determined location is not transferable to any other development
or location, and is only transferable to a new owner providing the
location, scope and other relevant conditions of granting the original
exemption remain unchanged.
Modifications, additions, or deletions to the
internal plumbing or piping of any lawfully preexisting building already
connected and already discharging wastewater to the collection system
as of the effective date of this article will not require further
connection approval provided that the following criteria are met.
A. The size of the building will not increase (gross
area); and
B. The category and scope of use of the building will
remain unchanged in accordance with N.J.A.C. 7:14A-23.3, Projected
flow criteria.
[Amended 4-1-2013 by Ord. No. 06-2013]
The following developments have received approval
as of this date and are exempt from the terms of this article:
Development
|
Block/Lot
|
Usage
|
Projected
Wastewater
Flow
(Gallons Per Day)
|
---|
Falcon Ridge Estates
|
Block 24, Lot 1
|
33 two-bedroom townhouses 54 One-bedroom apartments,
18 two-bedroom apartments
|
18,300
|
Lorterdan Properties
|
Block 11, Lot 30
|
67 detached age- restricted dwellings
|
15,600
|
Borough of Hamburg easement
|
Block 11, Lot 30
|
Public community supply well No. 1A 900
|
|
Heritage Properties
|
Block 17, Lot 20
|
20 commercial (unused allocation)
|
1,250
|