[Adopted 12-30-1974 by Ord. No. 250 as
Art. II of Ch. 89 of the 1974 Code of the Township of Lopatcong]
The sanitary sewers of the Township of Lopatcong
shall be operated as a self-liquidating utility, and charges for such
service shall be imposed upon users thereof. The revenue derived therefrom
shall be dedicated to the purposes of such service as a self-liquidating
utility.
[Amended 10-4-1995 by Ord. No. 1995-12; 3-5-2008 by Ord. No. 2008-05; 10-1-2008 by Ord. No. 2008-18; 6-16-2010 by Ord. No. 2010-05]
As used in this article, the following terms
shall have the meanings indicated:
All customers will be given a water consumption allowance
of 17,600 gallons annually or 4,400 gallons per quarter. Any customer
using over the allowance will be charged a usage charge, per 1,000
gallons over the quarterly allowance, in the next quarter.
A quarterly charge established for all classes of customers
which will allow for 17,600 gallons annually or 4,400 gallons per
quarter.
Any room, group of rooms, building or other enclosure used
for the sale or distribution of any product, commodity, article or
service and specifically includes churches, chapels, clubrooms, firehouses,
professional offices, banks, schools, group of rooms or other building
or enclosure not included in the definition of "residential unit"
or "industrial establishment."
Any room, group of rooms, building or other enclosure used
for the manufacturing, processing, cleaning, laundering or assembling
of any product, commodity or article.
Any room, group of rooms, house, trailer or other enclosure
occupied or intended for occupancy as a separate living quarter by
a family or other group of persons living together or by persons living
alone.
The system of conduits installed or maintained by the Township
in or near the public streets, thoroughfares and easements for the
purpose of dispersing of fluid waste other than stormwater.
Usage is based on the actual metered water consumption for
the previous quarter. Water consumption readings will be based upon
the readings provided to the Township Tax Collector by the water company.
For nonmetered users, the assumed quarterly usage will be 16,750 gallons.
[Amended 12-21-1983 by Ord. No. 1983-20; 4-15-1987 by Ord. No. 1987-2; 8-19-1987 by Ord. No. 1987-8; 4-20-1988 by Ord. No.
1988-4; 6-15-1988 by Ord. No. 1988-16; 3-1-1989 by Ord. No.
1989-5; 3-21-1990 by Ord. No. 1990-14 3-20-1991 by Ord. No.
1991-3; 5-6-1992 by Ord. No. 1992-06; 4-7-1993 by Ord. No.
1993-07; 5-4-1994 by Ord. No. 1994-08; 10-4-1995 by Ord. No.
1995-12; 6-27-2006 by Ord. No. 2006-17; 3-5-2008 by Ord. No.
2008-05; 10-1-2008 by Ord. No. 2008-18; 11-5-2008 by Ord. No.
2008-20; 9-1-2010 by Ord. No. 2010-11]
A.
All customer
usage shall be based upon actual metered water consumption for the
previous quarter. Nonmetered customers or customers who did not have
a water consumption reading for the previous quarter will be assumed
a quarterly usage of 16,750 gallons.
B.
All residential
customers shall pay a quarterly base sewer charge of $45. All commercial
and industrial customers shall pay a quarterly base sewer charge of
$50. The base charges described herein shall be paid by all customers
regardless of usage.
[Amended 7-6-2011 by Ord. No. 2011-11]
C.
Any customer using more than 4,400 gallons for the previous quarter will be charged a use charge of $11 per 1,000 gallons over the base allowance in addition to the base charge set forth in § 183-8B.
[Amended 7-6-2011 by Ord. No. 2011-11; 2-9-2012 by Ord. No.
12-02; 6-3-2020 by Ord. No. 2020-07; 8-4-2021 by Ord. No. 2021-06]
D.
The usage
charge for the quarter in which a new connection is made shall be
based upon the assumed quarterly usage of 16,750 gallons.
E.
In the event that it is contended by the owner or occupant of any commercial establishment, industrial establishment, residential unit or other equivalent dwelling unit that the calculation of the base and/or usage charges in accordance with the foregoing does not fairly reflect the amount of sewerage discharged into the sanitary sewer system, the method of calculating the charges may be adjusted for good cause shown, by filing first an administrative appeal to the Tax Collector and then upon filing of a written application to the Township Council. However, no such adjustment shall affect the sewer base or usage charges for the service quarterly in which the application is made unless the application is filed as provided and within the time limited in § 183-10F, nor shall any such adjustment affect the sewer base or usage charges for any previous quarter except as provided for in § 183-10F.
F.
Sewer rate discount for eligible account holders.
[Added 4-6-2016 by Ord.
No. 2016-06]
(1)
Discounted rates. There shall be a discount available to residential sewer account holders, who are 65 or more years of age, provided they meet the qualifications pursuant to § 183-8F(2)(a). There shall be a discount available to residential sewer account holders, who are less than 65 of age and are disabled, provided they meet the qualifications pursuant to § 183-8F(2)(b). A residential sewer account holder who meets all of the qualifications under either subsection shall receive a 10% deduction in the cost of his/her sewer bills. Only one of the two discounts (i.e., either the age 65 or over discount or the disabled person discount) will be applied per account holder and/or dwelling unit.
(2)
Qualifications and eligibility for discounted service.
(a)
Age 65 or over. In order to qualify for a discounted sewer user
fee, an age-qualified user must apply to the Township Clerk for the
discount and must meet all of the following requirements:
[1]
Attain the age of 65 or more by the first day of the billing
quarter for which a discount is claimed when applying. Proof of age
shall be required (i.e., driver's license or birth certificate, shall
be deemed sufficient). No discount shall apply retroactively for a
preceding quarter.
[2]
The sewer account must be in the name of the claimant, the account
must be for a residential unit, and all charges must be current at
the time of application.
[3]
The property must be owned by the account holder or jointly
owned with his or her spouse or domestic partner. It shall be the
applicant's primary residence.
[4]
The user must meet the eligibility requirements of the Pharmaceutical
Assistance to the Aged and Disabled (PAAD) program or if the applicant
does not meet the eligibility requirements of the PAAD program, must
have a total income not in excess of $10,000 during the year preceding
the application, exclusive of any one of the following types of benefits:
social security benefits; federal benefits received by persons excluded
from social security coverage including benefits under the Federal
Railroad Retirement Act and other federal pensions, disability and
retirement programs; or pension, disability or retirement programs
of any state or its political subdivisions, or agencies thereof, for
persons not covered under the Federal Social Security Act. Proof of
income eligibility in the form of a tax return for the preceding year
must be filed with the Township Clerk at the time of application and
each year thereafter by April 20. If the user fails to meet the income
requirement or does not file a copy with the Township Clerk of their
last year's federal income tax return, the discount will be removed,
effective April 1 of each year. If the user does not meet the Internal
Revenue Service requirements to file a federal income tax return,
the township will accept a sworn statement as to income.
[5]
Rental units owned by the applicant are not eligible for this
discounted rate.
(b)
Disabled person. In order to qualify for a discounted sewer
user fee, a disabled person must apply to the Township Clerk for the
discount and meet all of the following requirements:
[1]
The applicant must be disabled as of the first day of the billing
quarter for which a discount is claimed when applying. Disability
must be total and permanent in accordance with the provisions of the
federal Social Security Act, 42 U.S.C. § 301 et seq., or
disabled under any federal law administrated by the United States
Department of Veterans Affairs if the disability is rated as 60% or
higher. No discount shall apply retroactively for a preceding quarter.
[2]
The sewer account must be in the name of the claimant, the account
must be for a residential unit, and all charges must be current at
the time of application.
[3]
The property must be owned by the account holder or jointly
owned with his or her spouse or domestic partner. It shall be the
applicant's primary residence.
[4]
The user must meet the eligibility requirements of the Pharmaceutical
Assistance to the Aged and Disabled (PAAD) program or if the applicant
does not meet the eligibility requirements of the PAAD program, must
have a total income not in excess of $10,000 during the year preceding
the application, exclusive of any one of the following types of benefits:
social security benefits; federal benefits received by persons excluded
from social security coverage including benefits under the Federal
Railroad Retirement Act and other federal pensions, disability and
retirement programs; or pension, disability or retirement programs
of any state or its political subdivisions, or agencies thereof, for
persons not covered under the Federal Social Security Act. Proof of
income eligibility in the form of a tax return for the preceding year
must be filed with the Township Clerk at the time of application and
each year thereafter by April 20. If the user fails to meet the income
requirement or does not file a copy with the Township Clerk of their
last year's federal income tax return, the discount will be removed,
effective April 1 of each year. If the user does not meet the Internal
Revenue Service requirements to file a federal income tax return,
the township will accept a sworn statement to as to income.
[5]
Rental units owned by the applicant are not eligible for this
discounted rate.
[Amended 6-18-1986 by Ord. No. 1986-6; 3-1-1989 by Ord. No.
1989-5; 3-21-1990 by Ord. No. 1990-14; 5-20-1998 by Ord. No.
1998-18; 12-28-1998 by Ord. No. 1998-34; 2-3-1999 by Ord. No.
1999-04; 11-7-2001 by Ord. No. 2001-30; 7-16-2003 by Ord. No.
2003-14; 2-4-2004 by Ord. No. 2004-3; 8-3-2005 by Ord. No.
2005-13; 6-3-2020 by Ord. No. 2020-07]
A.
DWELLING UNIT
EQUIVALENT DWELLING UNIT (EDU)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any unit for residential purposes, whether in single- or
multiple-unit structures, including but not limited to single-family
homes, multifamily units, apartment units, seasonal occupancy units,
cooperative apartment units, condominium units or townhouse units.
A commercial/industrial unit having a demand on the sewer
system equal to that of a dwelling unit.
B.
Calculation of fee. The owner or occupant of a dwelling unit or a
single EDU who may wish to or is legally required to connect said
dwelling unit or single EDU to a Township sanitary sewer line for
the purpose of the discharge of human and/or processed waste (including
only those wastes acceptable pursuant to these regulations or other
acceptable requirements of the state, federal or local governments)
shall pay a connection fee, as follows:
(1)
$1,364 per EDU.
C.
Determination of EDU. For uses other than dwelling units, the number
of EDUs shall be calculated by dividing the anticipated flow, based
upon the factors listed below, by the design flow rate of 150 gallons
per day. The design flow rates and/or projected flows referenced herein
are strictly for the purpose of calculating connection fees, and not
treatment works approval permit applications or other agency approvals.
(1)
The design flow rate for a dwelling unit is 150 gallons per day.
(2)
Each commercial or industrial structure shall be required to pay
a connection fee. The flow from a multiunit building may be aggregated
for the purpose of determining a connection fee.
(3)
The projected flow for various types of uses, other than a dwelling
unit, shall be determined by the Township by referring to the criteria
set forth in the applicable regulations of the New Jersey Department
of Environmental Protection ("NJDEP"), as amended, currently cited
in N.J.A.C. 7:14A-23.3.
(4)
In any case where the projected flow cannot be reasonably established,
using N.J.A.C. 7:14A-23.3 as a guide, the Township shall determine
the flow by such means as are, in its opinion, fair and equitable,
based upon the recommendation of the Township Engineer.
(5)
The minimum connection fee shall be equivalent to that of a single
dwelling unit as specified herein.
D.
All properties, residential, commercial, industrial, or otherwise,
connecting to the Township's sewerage mains shall, as a condition
precedent to effecting connection with the sewerage facilities of
the Township, also pay the separate connection fee prescribed by the
Code of the Town of Phillipsburg, which shall be set in accordance
with N.J.S.A. 40A:26A-10. Said initial connection fee shall be paid
directly to the Town of Phillipsburg in the manner prescribed by its
Code. Any appeal of the initial service charge assessed by the Town
of Phillipsburg shall be filed directly with said municipality in
the manner prescribed by its Code, if permitted.
E.
The foregoing initial service charges shall be due and paid to the
Township of Lopatcong and the Town of Phillipsburg at the time of
connection of the property to the sewer system, but not later than
the issuance of a certificate of occupancy. No certificate of occupancy
shall be issued by the Township of Lopatcong unless and until the
connector provides proof of payment of the full initial service charge,
which shall include proof of payment made by the connector to the
Town of Phillipsburg.
[Added 6-3-2020 by Ord.
No. 2020-07]
A.
For a property connected to the sewer system for less than 20 years,
the Township shall charge an additional connection fee for an addition,
alteration, or change in use that materially increases the level of
use and imposes a greater demand on the sewer system, but does not
involve a new physical connection of the property to the sewer system.
B.
The connection fee authorized by Subsection A of this section shall be equal to the amount by which the increased use and demand on the sewer system exceeds the use and demand that existed prior to such addition, alteration, or change in use.
C.
Nothing in this section shall be construed to preclude the Township
from charging a new or additional connection or tapping fee for any
new or additional connection of a property to the sewerage system,
or for any increase in the size of an existing connection or for any
new construction of additional service units connected to the sewerage
system that materially increases the level of use or demand on the
sewerage system.
D.
As used in this section, "materially increases" means any increase
in the number of service units; or any other change which increases
the level of use or demand on the sewerage system by 15% or more over
the highest actual annual use and demand that existed during the prior
ten-year period immediately preceding the addition, alteration, or
change in use; provided, however, that, if the property has been connected
to the sewerage system for less than 10 years, the average level of
use and demand shall be calculated based on the actual period of connection.
[Added 6-3-2020 by Ord.
No. 2020-07]
A.
The Township shall provide a credit applicable toward a connection
fee to be charged for a reconnection of a disconnected property that
was previously connected to the sewerage system, provided that:
B.
The credit required under Subsection A of this section shall be calculated as follows:
(1)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of services units, or does not expand the use of the sewerage system,
the credit shall be equal in amount to the new connection fee.
(2)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the sewerage system, the credit shall be equal
in amount to any connection fee previously paid for the property,
and the Township shall charge the difference between the credit and
the connection fee for the new use or class.
(3)
If no connection fee was ever paid for the property, but all service charges due and owing on the property have been paid for at least 20 years, the credit shall be equal in amount to the new connection fee; provided, however, that any charges due and owing pursuant to Subsection B(2) of this section shall be paid.
(4)
If no connection fee was ever paid for a disconnected property that is to be reconnected and which was previously connected to the sewerage system for at least 20 years and all service charges due and owing on the property have not been paid for at least 20 years, the Township shall charge, in addition to any charges due and owing pursuant to Subsection B(2), a connection fee equal to the lesser of:
(a)
Twenty percent of the service charges that would have been paid
based upon the usage for the last full year that the property was
connected to the sewerage system for the period from the date of the
disconnection from the sewerage system to the date of the new connection;
or
(b)
The new connection fee.
(5)
A credit shall not be allowed under this section for a property
that has been disconnected from the sewerage system for more than
five years.
(6)
As used in this section, "disconnected property" means a property
that has been physically disconnected from the sewerage system or
a property not physically disconnected but to which service has been
discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the sewerage system or to which service has been discontinued
without payments being made for less than 12 consecutive months and
is being reconnected as it existed, prior to the temporary disconnection
or discontinuance of service.
[Added 6-3-2020 by Ord.
No. 2020-07]
A.
With respect to the construction of affordable housing projects,
including any affordable housing units in inclusionary projects, a
50% reduction in the connection fee shall be applied to new connections
to the Township sewerage system. This reduction shall only apply to
affordable housing units and shall not apply to market rate housing.
B.
For units previously connected to the Township's system that were
demolished or refurbished to allow for new affordable housing units
and for which a connection fee was previously paid, a credit against
the connection fee to be assessed for connection with the sewerage
system shall be applicable to any affordable housing units, including
affordable housing units in inclusionary projects. The credit shall
be the connection fee previously assessed and paid for connection
with the sewerage system for units previously connected to the Township's
system.
C.
The connection fee assessable against an affordable housing owner, for units previously connected to the Township's system that were demolished or refurbished to allow for new affordable housing units, including affordable housing units in inclusionary projects, shall be the lesser of the reduced rate provided for in Subsection A of this section, or the current nonreduced rate applicable to other types of housing developments minus the credit provided under Subsection B of this section for units for which a connection fee or tapping fee was previously paid, provided that said affordable housing owner can establish the connection fee or tapping fee was previously assessed and paid for connection with the system. If the same cannot be established, the reduced rate provided for in Subsection A of this section shall be assessed.
[Added 2-19-1992 by Ord. No. 1992-02; amended 10-4-1995 by Ord. No. 1995-12; 3-5-2008 by Ord. No. 2008-05; 10-1-2008 by Ord. No.
2008-18; 11-5-2008 by Ord. No. 2008-20; 6-16-2010 by Ord. No.
2010-05]
A.
The effective
date for new buildings for the beginning of the quarterly base and
usage charges shall be the date of the issuance of the certificate
of occupancy, and for existing buildings, the quarterly base and usage
charges shall begin 30 days after the date of official notice to connect
to the sewer system.
B.
The payment
of the base and usage charges is required even though the building
may be vacant.
C.
The quarterly
sewer charges shall be payable by the owner of each commercial establishment,
industrial establishment, residential unit or other equivalent dwelling
unit 30 days from the date of the quarterly bill.
D.
Sewer
base and usage charges shall draw the same interest from the time
they become due, as taxes upon real estate in the Township, and they
shall be a lien upon the premises with respect to which the charges
are made until paid. The Township shall have the same remedies for
the collection thereof with interest, costs and penalties as it has
by law for the collection of taxes upon real estate.
E.
The Township
Tax Collector shall prepare and mail or otherwise deliver sewer bills
to the person charged not later than 30 days from the date the water
readings are received by the Township Tax Collector.
F.
If it
is contended by the owner or occupant of any commercial establishment,
industrial establishment, residential unit or equivalent dwelling
unit that there is any error in the imposition or cancellation of
the sewer base and/or usage charges for any quarter, as finally determined
and shown on the sewer charge bill for that quarter, the sewer base
and/or usage charge may be adjusted for good cause shown, by filing
first an administrative appeal to the Tax Collector and then to the
Township Council upon written application of the owner or occupant
after hearing on notice to the Tax Collector. However, no such application
shall be considered unless it is filed with the Tax Collector within
30 days of the date of the quarterly bill in question.
Residents may apply to the Township for approval
to install at their expense a second water meter in order to record
outside-the-home water usage and to receive an abatement for the water
which is not discharged into the sewer system.
A.
The second meter must be a permanent meter and of
equivalent quality as the existing domestic meter and must be installed
in a similar manner. Installation and maintenance of the second meter
is the sole responsibility of the customer. An improperly installed
meter must be corrected before participation in the second meter program
is approved. The use of portable meters attached to outside faucets
is not permitted, except in certain instances involving the filling
of a swimming pool or temporary irrigations to establish a new lawn.
Residents must contact the Township to determine if a portable meter
is permitted. The resident must supply a plan or sketch of the existing
service showing the location of the branch for the second meter service
line connection in conjunction with the existing domestic meter and
internal plumbing. An initial explanation of where the water passing
through the second meter goes and how the water is used must be provided
with the plan.
B.
The resident must acquire a plumbing permit from the
Construction Department. The minimum plumbing permit fee is $61. Upon
installation of the meter, the plumbing inspector will perform an
inspection on the installation. The resident shall call (908) 859-3355,
ext. 232, to schedule an appointment. The Plumbing Inspector will
take an initial reading. Credit will not be given for any use prior
to the initial inspection. During an initial inspection, baseline
information on the meter manufacturer, size, serial number and initial
reading will be obtained. After the initial inspection, Township personnel
will seal the meter.
C.
If either the city water meter or second water meter
is to be removed for repair or replaced for any reason, contact the
Township prior to removal for a final reading on the old meter and
a baseline reading for the new meter. Meters are sealed by the Township's
inspector during the initial reading. Removal of an authority seal
will result in ineligibility for credit and suspension from the program.
In order to reenter the program another initial reading must be taken
and the meter resealed.
D.
The Township requires that the meter be installed
in an accessible location. The Township employees will not be responsible
for moving any items that may be in the way of the meter. Credit is
based upon the readings on the meters. If the meters are changed,
the Township must verify readings or no credit can or will be given.
(1)
Meters must be installed horizontally with no
connections downstream of the second meter that passes water to any
interior water outlet.
(2)
Meter access must not be blocked by boxes, furniture
or other personal items. A clear path must be provided to the meter.
(3)
There must be at least three feet of clear space
in front of the meter dial. Township personnel will not remove panels
or wall sections.
(4)
Meters cannot be installed where the dial is
inverted or the view of the dial is obstructed.
(5)
Meters cannot be installed in crawl spaces.
Where second meters are installed in underground pits, the meter must
not be more than 24 inches below grade. Pit covers should be free
of debris and must not be covered by landscaping.
(6)
Meters must be installed within three feet and
five feet above the floor. Township employees will not climb ladders
to read meters.
E.
As part of the permitting process, the resident must
provide written authorization to permit the Township personnel to
enter his/her property at reasonable times and intervals to read,
inspect and test the second water meter. Township personnel are ultimately
responsible for their own safety on the job.
F.
The resident shall submit a reading to the Township Sewer Collector
on or before October 15 of each year. Readings must be taken by the
Township Zoning Officer or another employee designated by the Township.
Residents must contact the Township prior to October 15 of each year
to schedule an appointment to have their second meter read. Any and
all abatements may be in the form of a refund and/or a credit. The
Township shall have discretion to determine whether an abatement will
be paid as a refund or a credit. All credits shall be received during
the fourth quarter of that year. If the amount of the credit exceeds
the sewer bill for the fourth quarter, the balance of the credit shall
be applied to the first quarter for the following year.
[Amended 12-4-2013 by Ord. No. 2013-13; 12-30-2013 by Ord. No.
2013-15]
G.
Seasonal maintenance.
(1)
Failure to properly winterize an irrigation
system can damage a second meter resulting in meter failure or inaccurate
recording of water usage.
(2)
Compressed air is often used to force water
from the irrigation system to prevent freezing. Excessive air pressure
or flow can damage a meter's internal components. Meters that are
removed for the winter to prevent freezing must be reinstalled, resealed
and an initial reading must be taken in order to qualify for an annual
credit.
[Added 8-5-2009 by Ord. No. 2009-10;
amended 10-6-2010 by Ord. No. 2010-13]
Residents using public water to fill their swimming pools may
obtain a credit towards their sewer bill for the water used to fill
their pools. In order to obtain said credit, resident must submit
a "sewer credit for swimming pool" application before September 30
of each year. The amount of credit will be determining by as follows:
A.
New
pool credit: A one-time credit of $75 will be given for filling a
new swimming pool for the first time. This credit only applies to
pools with Township building permits. It does not apply to refilling
your pool. Customers that have a deduct meter are not eligible for
this pool credit.
B.
Annual
pool credit: An annual credit of $35 will be given for refilling a
swimming pool. This credit only applies to pools with Township building
permits. Customers that have a deduct meter are not eligible for this
pool credit.
[Added 11-5-2008 by Ord. No. 2008-20]
Any dispute as to the billing or charges so determined by § 183-8 as to the amount of the bill or the calculation thereof may be appealed as follows:
A.
To a
panel of the Township of Lopatcong referred to as the Sewer Appeal
Panel, made up of the Township’s Sewer Engineer, the Chief Financial
Officer and a Township resident.
