Township of Livingston, NJ: Late fee charges.

§ 251-11 Sewer base fee.

[Amended by Ord. No. 12-1989; Ord. No. 20-1994; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021; 4-28-2025 by Ord. No. 14-2025]

The owner of each and every residential dwelling unit located on a street served by a Township sanitary sewer line shall pay to the Township a sewer base fee per the table below from the date said sewer line becomes available for service regardless of whether or not said residential dwelling unit is connected to said sewer line. If a residential dwelling unit is constructed on a street already served by a Township sanitary sewer line, the owner shall pay to the Township this sewer base fee from the date that the occupancy permit for that structure is issued.

Category	2025	2026	2027
Sewer base fee per quarter - residential dwelling unit	$24	$24	$24

The owner of each and every structure other than a residential dwelling unit located on a street served by a Township sanitary sewer line shall pay to the Township a sewer base fee per the table below, from the date said sewer line becomes available for service regardless of whether or not said structure is connected to said sewer line. If a structure other than a residential dwelling unit is constructed on a street already served by a Township sanitary sewer line, the owner shall pay to the Township this sewer base fee from the date that the occupancy permit for that structure is issued.

Category	2025	2026	2027
Sewer base fee per quarter - structure other than a residential dwelling unit or a multi-unit residential structure	$36.00	$36.00	$36.00

Commencing on January 1, 2028, and annually thereafter, the Superintendent-Water Engineer and Chief Financial Officer shall adjust the sewer rates consistent with the cost-of-living adjustment. This adjustment shall be based on the implicit price deflator for state and local governments for New Jersey and published by the U.S. Department of Commerce, Bureau of Economic Analysis. If the cost-of-living adjustment is less than zero, then no adjustment shall be made.

The rates set forth herein shall take effect for water consumed as of the next day after the day of the last meter reading prior to the effective date of this section.

§ 251-12 Sewer base fees payable quarter-annually.

[Amended by Ord. No. 28-1980; Ord. No. 19-1981; Ord. No. 1-1983; Ord. No. 3-1987; Ord. No. 12-1989; Ord. No. 12-1990; Ord. No. 20-1994; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021; 4-28-2025 by Ord. No. 14-2025]

The sewer base fee for each residential dwelling unit shall be due and payable quarterly on the same dates as are the bills of the Township Water and Sewer Division for the corresponding geographical district. Where the quarterly billing does not embrace a full quarter, the owner shall be billed for the sewer base fee at the rate per the table below, but not to exceed the amount per the table below for the portion of the quarter during which sewer base fee was due.

Category	2025	2026	2027
Minimum sewer base fee rate per day - residential dwelling unit	$0.27	$0.27	$0.27
Maximum sewer base fee rate per quarter - residential dwelling unit	$24.00	$24.00	$24.00

The sewer base fee for each and every structure other than a residential dwelling shall be due and payable quarterly on the same date as are the bills of the Township Water and Sewer Division for the corresponding geographical district. Where the quarterly billing does not embrace a full quarter, the owner shall be billed for the sewer base fee at the rate per the table below, but not to exceed the amount per the table below for the portion of the quarter during which sewer rental was due.

Category	2025	2026	2027
Minimum sewer base fee rate per day-structure other than a residential dwelling unit or a multi-unit residential structure	$0.40	$0.40	$0.40
Maximum sewer base fee rate per quarter - structure other than a residential dwelling unit or a multi-unit residential structure	$36.00	$36.00	$36.00

The rates set forth herein shall take effect for water consumed as of the next day after the day of the last meter reading prior to the effective date of this section.

§ 251-13 Additional fees; allowances.

[Amended by Ord. No. 28-1980; Ord. No. 19-1981; Ord. No. 1-1983; Ord. No. 3-1987; Ord. No. 12-1989; Ord. No. 12-1990; Ord. No. 20-1994; 5-21-2007 by Ord. No. 14-2007; 12-21-2009 by Ord. No. 36-2009; 12-15-2014 by Ord. No. 28-2014; 8-9-2021 by Ord. No. 26-2021; 4-28-2025 by Ord. No. 14-2025]

In addition to the sewer base fees, the owner of each and every residential dwelling unit or other structure or lot connected with the sanitary sewerage works shall pay to the Township an additional rental based on the amount of water used therein, which amount of water shall be deemed to constitute the volume of sewage that any given dwelling unit or structure delivers to the sanitary sewerage works. This additional rental shall be as follows, based on metered water consumption per the table below:

Category	2025	2026	2027
Minimum charge: 0 to 500 cubic feet - residential dwelling unit	$17.03	$18.73	$20.60
In excess of 500 cubic feet per 100 cubic feet - residential dwelling unit	$4.28	$4.70	$5.17
Minimum charge: 0 to 500 cubic feet - structure other than a residential dwelling unit or a multi-unit residential structure	$33.75	$37.13	$40.84
In excess of 500 cubic feet per 100 cubic feet - structure other than a residential dwelling unit or a multi-unit residential structure	$6.75	$7.43	$8.17

No allowance shall be made for water which is metered but which does not enter the sanitary sewer system, unless the owner installs and maintains, at his expense, a meter approved by the Township to measure the water so diverted from the sewer lines or with written approval of the Superintendent-Water Engineer in special circumstances.

In case of business or industry, where water is lost by evaporation, the Superintendent-Water Engineer, with the approval of the Council, may make a proper allowance for such evaporation.

Where sprinkler systems are maintained, no credit shall be given for water contained or passing through such sprinkler system which does not reach a sanitary sewer line unless a separate lawn meter is installed or with written approval of the Superintendent-Water Engineer in special circumstances.

Any owner may install and maintain, at his expense, a sewage flow meter, approved by the Superintendent-Water Engineer, to measure the flow into the sewer lines. Where such a sewage flow meter is maintained, the owner shall be billed upon the actual readings of such meters, according to the structure type, at the same rate per 100 cubic feet as above, plus the same minimum charge and sewer base fee.

In any specific case not contemplated in the above schedule of rates or not clearly defined herein or where the type of waste will place an extraordinary burden on thee sewerage facilities either because of its quantity or quality, the Township Council is hereby authorized, by contract or otherwise, to establish a specific rate of rental as may be necessary.

For any excavation in which underground sewer equipment/piping is damaged by an outside party, the Township has the discretion to assess a $500 fee plus charges for the labor, equipment, materials, and lost sewer capacity with a 30% markup.

The rates set forth herein shall take effect for water consumed as of the next day after the day of the last meter reading prior to the effective date of this section.

§ 251-14 Collections; lien.

The owner of any building or lot within the Township shall be liable to the Township for the payment of rent, together with interest and penalties as fixed hereinafter.

The rent for the use of the Township's sanitary sewerage works as hereinafter fixed, and all other costs and expenses, interest and penalties, shall be and remain a lien upon said building or lot until fully paid and satisfied.

If prompt payment of the rent fixed by this article or charges for work done and materials furnished in connection therewith shall not be made when due and shall remain in arrears for six months, the officer or board charged with the duty of the collection thereof shall file with the officer charged with the duty of the collection of tax arrears a statement showing such arrears which shall be collected and enforced in the same manner as liens for taxes.

Charges for connection with and use of sanitary sewers shall draw the same interest from the time they become due and at the same rate as taxes upon real estate in the Township, and the Township shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for collection of taxes upon real estate, and, in addition, the Township shall have the right to sue for and collect, in a court of appropriate jurisdiction, any such sums.

§ 251-15 Late fee charges.

[Amended by Ord. No. 6-1987; Ord. No. 25-1992]

If the amount of any such bill shall not have been paid within 30 days, there shall be a late fee charged in the amount of 8% per annum simple interest, together with all other applicable fees and charges.

§ 251-16 Disposition of fees.

All moneys derived from the rentals provided under this article shall be included in the annual budget under miscellaneous revenues anticipated as sewage treatment plant income. At such time as the income is deemed by the Township Council sufficient to equal or exceed the expense of operating and maintaining the treatment plant and of carrying the debt applicable to the same, the Township Council, by proper resolution, may declare the treatment plant to be a publicly owned and operated utility of the Township within the meaning of the Local Bond Law (N.J.S.A. 40A:2-1 et seq.) and the Local Budget Law (N.J.S.A. 40A:4-1 et seq.) and other provisions of the law applicable thereto.

§ 251-17 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.