[Added 3-6-2000; amended 7-7-2004 by Ord. No. 1-2004]
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[1]; and
[1]
Editor's Note: See Ch. 215, Zoning.
(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