[Adopted 2-10-1982 by Ord. No. 82-01R; amended in its entirety 8-8-2006 by Ord. No. 06-17R]
The purpose of this Article III is to impose an annual user charge, as hereinafter defined, on all domestic, commercial, industrial, institutional and governmental users of the sewer system of the Borough of Fanwood and related treatment works, except for residential users.
[Amended 5-7-2013 by Ord. No. 13-06R; 9-16-2014 by Ord. No. 14-14R; 6-6-2016 by Ord. No. 16-05R; 3-21-2022 by Ord. No. 22-01-S]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Fanwood.
ESTIMATED USER
A user of the system with no information or data on actual wastewater use.
[Added 3-21-2022 by Ord. No. 22-01-S]
PROPERTY CLASSIFICATIONS
[Added 3-21-2022 by Ord. No. 22-01-S]
A. 
Residential properties are those properties with a dwelling house situated on the lot and which are defined as property class code 2 by N.J.A.C. 18:12-2.2.
B. 
Tax-exempt properties are defined as lots and parcels which are exempt from taxation by law and are defined as property class code 15F by N.J.A.C. 18:12-2.2.
C. 
Commercial properties which are defined as property class code 4A, 4B and 4C pursuant to N.J.S.A. 40A:21-1 et seq., N.J.A.C. 18:12-2.2 and those properties covered by Chapter 268 of the Borough Code.
D. 
Mixed-use properties which are defined as having a residential and nonresidential use as permitted by § 184-119 of the Borough Code.
E. 
Public properties are defined as property class code 15C pursuant to N.J.A.C. 18:12-2.2 and those properties owned by the Borough.
F. 
Vacant land is defined as property class code 1 under N.J.A.C. 18:12-2.2.
TREATMENT WORKS
The trunk lines and other sewer facilities located in the Borough and all facilities utilized by the Borough of Fanwood for the treatment of waste, including but not limited to any facilities of the Plainfield Area Regional Sewerage Authority and the Middlesex County Utilities Authority utilized to transport and/or treat the waste generated from the Borough.
USER CHARGE
The charge levied upon each user of the treatment works of the Borough for the annual cost of treatment of sewage and other wastewater, as well as the operation and maintenance, including replacement, of trunk lines and other aspects of the treatment works.
WASTE
Wastewater generated by each user.
[Amended 10-10-2006 by Ord. No. 06-21R; 5-7-2013 by Ord. No. 13-06R; 9-16-2014 by Ord. No. 14-14R[1]; 3-21-2022 by Ord. No. 22-01-S]
A. 
The rate for the aforesaid usage shall be based upon the water consumption in gallons consumed at any such property as defined herein. To the extent possible, the Borough shall use records of the applicable water company servicing each property. The annual rate shall be set by the Mayor and Council by resolution by March 1 of the applicable year. In the event the rate is not set by March 1, the Chief Financial Officer shall set the rate by March 15. In either case, annual charges are due by July 1.
B. 
If a user believes its water usage has had a material change from the last base year utilized, such user can appeal by submitting copies of actual water bills to the Borough Tax Collector. All appeals shall be submitted in writing within 15 days after the billing date. In the event the appeal recalculation reveals a difference of less than $25 no adjustment or refund will be made. A recalculation resulting in a difference of over $25 but under $100, users will receive a credit. Any recalculation resulting in a difference of $100 or more, a refund check will issue to the user. As it relates to new businesses, the Borough will determine the sewer charge based on the best information available at the time utilizing estimated water usage bills.
[1]
Editor's Note: This ordinance provided that it shall take effect on January 1, 2015.
[Amended 5-7-2013 by Ord. No. 13-06R[1]]
The Borough reserves the right where a private well of water supply is involved on a Class B through Class I property, if in the Borough’s opinion, the owner should be required to install facilities, at the owner’s expense, for measuring or determining the volume of waste discharged into the treatment works based upon the water consumption in gallons consumed at any such premises for the 12 months of the preceding year. The volume thus metered or measured shall be the basis for user charges.
[1]
Editor’s Note: This ordinance also repealed former § 242-11, Combination uses, and redesignated former §§ 242-12 through 242-19 as §§ 242-11 through 242-18, respectively.
Specifically exempt from the user charges, in addition to Class A properties, are the following: Borough-owned properties; rescue squad building; libraries; group homes; and schools.
[Amended 5-7-2013 by Ord. No. 13-06R; 3-21-2022 by Ord. No. 22-01-S]
A. 
All user charges established and provided for herein shall be assessed against each user from which said waste emanates on an annual basis. The user charges shall be collected annually by the Borough of Fanwood at a time to be determined by resolution of the Mayor and Council.
B. 
User charges shall draw the same interest from the time they become due, as taxes upon real estate in the municipality, and shall be a lien upon the premises until paid, and the municipality 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.
[Amended 5-7-2013 by Ord. No. 13-06R; 9-16-2014 by Ord. No. 14-14R[1]; 3-21-2022 by Ord. No. 22-01-S]
The bill for user charges shall be forwarded by the Tax Collector to each user, or other party designated in writing by the property owner, and shall be mailed at least 25 days in advance of the due date. The user charge shall be due July 1 of each year.
[1]
Editor's Note: This ordinance provided that it shall take effect on January 1, 2015.
In the event that the use of a property changes to such an extent that it affects the waste volume, the Tax Collector shall revise the user charges levied in accordance with the new use.
[Amended 5-7-2013 by Ord. No. 13-06R]
Any Class B through Class I owner that discharges into the treatment works toxic pollutants which cause an increase in the cost of treating the waste shall be required to pay for such increased cost.
[1]
Editor's Note: Former § 242-17, Review of charges, as amended, was repealed 3-21-2022 by Ord. No. 22-01-S
[Amended 5-7-2013 by Ord. No. 13-06R]
A. 
For each and every violation of any provision of this chapter, the Class B through Class I property owner or any other persons who commit, take part or assist in any violation of this chapter, and/or who maintain any building or premises in which any violation of this chapter shall exist, shall for each and every violation be liable for a fine not to exceed $2,000 and imprisonment for not more than 90 days, or both, for each separate violation thereof.
B. 
No person shall tamper with or otherwise adjust a water meter or sewage meter or any other meter and/or measurement of strength of sewage or give any false information concerning same. Any Class B through Class I property owner and/or representative or designee who violates this section shall be liable for a fine not to exceed $2,000 and imprisonment for not more than 90 days, or both, for each separate violation thereof.
C. 
Each and every day that such violation continues shall be considered a separate and specific violation of this chapter.