Borough of Old Tappan, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Ch. XIX of the 1975 Code, as amended through Ord. No. 667-99. Subsequent amendments noted where applicable.]
In accordance with L. 1991, c. 53 § 1 (N.J.S.A. 40A:26A-1 et seq.), it is hereby determined that the public health, safety and welfare can best be assured by the acquisition, construction or operation of sewerage facilities by the Borough.
The Mayor and Council are authorized and empowered:
A. 
To acquire, construct, improve, extend, enlarge or reconstruct and finance sewerage facilities, and to operate, manage and control all or part of these facilities and all properties relating thereto;
B. 
To issue bonds of the Borough to pay all or part of the cost of the purchase, construction, improvement, extension, enlargement or reconstruction of sewerage facilities;
C. 
To receive and accept from the federal or state government, or any agency or instrumentality thereof, grants or loans for, or in aid of, the planning, purchase, construction, improvement, extension, enlargement or reconstruction, or financing of sewerage facilities, and to receive and accept from any source, contribution of money, property, labor or other things of value to be held, used and applied only for the purposes for which the grants or loans and contributions are made;
D. 
To acquire in the name of the Borough by gift, purchase, or by the exercise of the right of eminent domain, lands and rights and interests therein, including lands under water and riparian rights, and personal property as may be deemed necessary for acquisition, construction, improvement, extension, enlargement or reconstruction, or for the efficient operation of any facilities acquired or constructed under the provisions of this chapter and to hold and dispose of all real personal property so acquired;
E. 
To make and enter into all contracts and agreements necessary or incidental to the performance of the Borough's duties and the extension of powers authorized under this act, and to employ engineers, superintendents, managers, attorneys, financial or other consultants or experts, and other employees and agents as may be deemed necessary, and to fix their compensation;
F. 
Subject to the provisions and restrictions set forth in the ordinance or resolution authorizing or securing any bonds issued under the provisions of this chapter, to enter into contracts with the federal or state government, or any agency or instrumentality thereof, or with any other local unit, private corporation, copartnership, association or individual providing for, or relating to, sewerage services which contracts may provide for the furnishing of sewerage facility services either by or to the local unit or units, or the joint construction or operation of sewerage facilities;
G. 
To fix and collect rates, fees, rents and other charges in accordance with the Borough's ordinances;
H. 
To prevent toxic pollutants from entering the sewerage system;
I. 
To exercise any other powers necessary or incidental to the effectuation of the general purpose of this chapter.
A. 
Definitions. The following words and terms shall have the meanings herein indicated for the purposes of this section:
THE INDEX
The Consumer Price Index for Urban Wage Earners and Clerical Workers for New York - Northeastern New Jersey.
CONSTRUCTION COSTS
The documented costs incurred by the property owner for construction within the Borough's right-of-way as a result of the sewer connection, together with fees paid to other municipalities to connect to sewers in other municipalities, if any, and fees paid to other property owners to connect to sewers owned by other property owners, if any. The construction costs incurred by the property owner shall be reviewed and approved by the Borough Engineer.
B. 
Application. Single-family residential property owners desirous of connecting to the Borough's sanitary sewer system shall complete an application as provided by the Borough Clerk.
C. 
Sewer connection fee. Except as may be otherwise provided by ordinance, the fee for connecting to the Borough's sanitary sewer facilities shall be calculated as follows:
(1) 
Where sanitary sewer facilities are installed by the special benefit assessment process, there shall be no sewer connection fee. However, each property owner benefited thereby shall be responsible for its proportionate share of the cost of the sewer improvement in accordance with statute.
(2) 
Where sanitary sewer facilities are not installed by the special benefit assessment process and property owners connect to sanitary sewer facilities which had previously been installed and assessed in accordance with the special benefit process, the fee for persons applying for a sewer connection permit in 1997 or 1998 shall equal the average assessment for the sewer improvement into which the property owner is connecting as determined by the Borough Engineer minus construction costs. For subsequent years, the fee shall equal the average assessment for the sewer improvement into which the property owner is connecting as determined by the Borough Engineer plus a percentage equal to the percentage increase in the average index for the year from the year in which the special benefit assessment was assessed to the year next preceding the year in which the property owner applies for a sewer connection permit minus construction costs. In the event the cost of construction exceeds the average assessment for the sewer improvement into which the property owner is connecting as increased by the percentage increase in the index, then there shall be no sewer connection fee.
(3) 
For property owners connecting directly to sanitary sewer facilities in adjoining municipalities, the fee shall be as set forth in an agreement between the Borough and the adjoining municipality. In the event such a property owner subsequently connects to the Borough's sanitary sewer system, then the property owner shall be responsible for payment of a sewer connection fee calculated in accordance with the applicable subsection of this § 198-3, or, if the subsequent connection is in accordance with a special benefit assessment, then the property owner may be responsible for its proportionate share of the cost of the sewer improvement in accordance with statute.
(4) 
For property owners fronting on streets and roads wherein any portion of the sewer improvement has been installed and for whom a clean-out has been installed in accordance with Ordinance No. 409-89, the connection fee for the years 1997 and 1998 shall be in an amount as set forth in the resolution of the Mayor and Council adopted on November 24, 1997, a copy of which is annexed hereto and incorporated by reference herein.[1] For subsequent years, for property owners other than single-family residential property owners, the sewer connection fee shall be as set forth in the November 24, 1997, resolution plus a percentage equal to the percentage increase in the average index between 1997 and the year next preceding the year in which the property owner applies for a sewer connection permit. Single-family residential property owners shall pay a sewer connection fee of $2,000 as set forth in Ordinance No. 409-89 and shall not be subject to such indexed increase.
[1]
Editor's Note: The resolution referred to herein may be found on file in the office of the Borough Clerk attached to Ord. No. 625-98.
(5) 
For all other property owners, the sewer connection fee shall be $12,000 for the years 1997 and 1998 minus construction costs. For subsequent years, the sewer connection fee shall be $12,000 plus a percentage equal to the percentage increase in the average index between the year in which the special benefit assessment was assessed and the year next preceding the year in which the property owner applies for a sewer connection permit minus construction costs. In the event the cost of construction exceeds the average assessment for the sewer improvement into which the property owner is connecting as increased by the percentage increase in the index, then there shall be no sewer connection fee.
D. 
Payment of fees. Sewer connection fees shall be paid to the Borough Clerk prior to the issuance of a building permit.
E. 
Bond. A cash bond in the amount of $500 shall be paid to the Borough Clerk prior to the issuance of a building permit for a sewer connection. In lieu of a cash bond of $500, the contractor performing the sewer connection may post a bond in the amount of $10,000 in a form satisfactory to the Borough Attorney. The ten-thousand-dollar bond will secure the performance by the contractor of all sewer connections within the Borough. Upon completion of the sewer connection, the applicant must submit a certification from the Health Officer stating that all septic tanks, seepage pits, dry well or cesspools have been emptied of wastes, and removed or filled completely with gravel or sand. Upon submission of the certification from the Health Officer and inspection and approval of the sewer connection by the Construction Code Official, the cash bond shall be returned to the applicant. If a bond is posted by the contractor in lieu of the five-hundred-dollar cash bond as provided hereinabove, then, upon request by the contractor and approval of the request by the Health Officer and Construction Code Official, the bond shall be returned to the contractor.
F. 
Other fees. The sewer connection fee shall be in addition to any building permit fee for other fees or assessments that may be required by statute or ordinance.
[Amended 7-24-2000 by Ord. No. 725-00; 11-18-2002 by Ord. No. 806-02; 12-1-2003 by Ord. No. 837-03; 3-1-2004 by Ord. No. 841-04; 4-17-2006 by Ord. No. 906-06; 4-23-2007 by Ord. No. 940-07; 2-16-2010 by Ord. No. 1005-10; 4-17-2017 by Ord. No. 1114-17; 1-2-2018 by Ord. No. 1119-17]
A. 
Effective January 1, 2018, the following schedule of sewer service charges shall be charged to residents utilizing sanitary sewers for the use, operation and maintenance of the sanitary sewer system in the Borough:
(1) 
One-family dwelling, townhouse, condominium and other multifamily uses: $651 per unit per year.
(2) 
One-family dwelling, townhouse, condominium and other multifamily uses, one or more of owners of property is age 65 years or more: $494 per unit per year. Property owner must provide proof of age required by the Tax Collector and property must be primary residence.
(3) 
One-family dwelling, townhouse, condominium and other multifamily uses, property owner is eligible for real property tax deduction as qualified New Jersey resident, senior citizen, disabled person or surviving spouse and property must be primary residence: $310 per unit per year. For purposes of determining eligibility property owner must be eligible for real property tax deduction in accordance with N.J.S.A.54:4-840 et seq. In order to be eligible for said property tax deduction, the property owner shall:
(a) 
Be a resident of the Borough;
(b) 
Have anticipated annual income combined with spouse not exceeding $10,000 after a permitted exclusion of social security benefits or federal government retirement disability pension, or state, county, municipal government or their political subdivisions and agencies retirement disability pension; and
(c) 
Be a senior or disabled citizen or surviving spouse defined as:
[1] 
Age 65 or more years as of December 31 of the prior year; or
[2] 
Permanently and totally disabled and unable to be gainfully employed as of December 31 of the prior year; or
[3] 
Surviving spouse as of October 1 of the prior year and not remarried.
(4) 
Nonresidential and all other uses: an amount to be calculated by the Mayor and Council based on the user's actual water consumption for the prior year multiplied by a rate as determined by the Mayor and Council. The rate shall be based on the revenue required to meet the amount appropriated by the Borough for the use, operation and maintenance of the sanitary sewer system. The rate shall be $0.76 per 100 gallons of water consumed by the user during the year prior to the imposition of the sewer charge. If the Borough is unable to determine the amount of water consumed by the sewer user during the year prior to the imposition of the charge the sewer charge may be based on an estimate of water usage as determined by the Borough Engineer.
B. 
Payment; interest; lien. The sewer service charge shall be assessed on a semiannual basis. The rate of interest on delinquent charges shall be as provided by law. Liens for unpaid sewer service charges and interest shall be enforceable in the manner provided for real property tax liens in Chapter 5 of Title 54 of the Revised Statutes.
A. 
Prohibited substances. It shall be unlawful to permit or cause the flow of any of the following substances into the sanitary sewer system of the Borough:
(1) 
Any grease, fatty material, offal, or garbage;
(2) 
Any stone dust, sand, dirt, gravel, sawdust, metal filings, broken glass, or any material which may cause or create an obstruction in the sewer;
(3) 
Gasoline, benzine, fuel oil, or any petroleum products or volatile liquids; or
(4) 
Milk or any liquid milk waste products in quantities in excess of 10 gallons during each twenty-four-hour period.
B. 
Chemicals. It shall be unlawful to cause or permit to flow into the sanitary sewer system any cyanide, phenols or any other chemical or substance which interferes with or prevents the functioning of the sanitary sewer system.
C. 
Interception. Every building or premises where any commercial or industrial operations are conducted or permitted which result in the discharge into the sanitary sewer system of the Borough of any of the products, waste products or other substances in the manner and to the extent prohibited in this chapter, including but not limited to restaurants, shall be equipped with an adequate and suitable catch basin, grease trap, filter or other interceptor, installed in such a manner that the products, waste products, or other substances herein set forth will not flow into or be discharged into the sanitary system. All new commercial or industrial construction or alterations or reconstruction of existing sewerage facilities must necessarily comply with applicable building and health codes for the installation of facilities required by this section. It shall be unlawful to permit the flow of waste from such building or premises into the sanitary sewer system unless such interceptor is installed and in good working order.
D. 
Other prohibited discharges. No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system. No roof runoff, sump pump, swimming pool discharge or surface water drainage shall be connected to the sanitary sewer system, and no building shall be constructed nor shall any existing buildings be hereafter altered in such a manner that the roof drainage or any other source of discharge or drainage other than sanitary sewage shall connect with the sanitary sewer system inside or outside the building.
[Added 12-20-2004 by Ord. No. 872-04]
E. 
Right of inspection. Every property owner that discharges into the Borough's sanitary sewer system shall allow the Borough's Construction Official or Borough Engineer to inspect the property and any buildings thereon to confirm that there is no sump pump or other prohibited discharges into the sanitary sewer system. Any person refusing to allow their property to be inspected in accordance with this subsection shall be in violation of this section.
[Added 12-20-2004 by Ord. No. 872-04]
F. 
Violations and penalties. For any and all violations of this section, upon conviction in a court of competent jurisdiction, a convicted offender shall be liable for a penalty of not less than $100, nor more than $1,000, or imprisonment for up to 90 days in the county jail, or both. Each violation of this section shall be considered a separate offense.
[Added 12-20-2004 by Ord. No. 872-04]
Any connection to the Borough's sanitary sewer system shall be performed by a licensed plumber except as provided hereinbelow. The licensed plumber and the applicant property owner shall execute the application for a building permit for a sewer connection. Notwithstanding the foregoing, a property owner may perform the connection to the sanitary sewer system for his or her own property and, in that event, the applicant property owner shall execute the application for a building permit for the sewer connection.
[Added 7-15-2002 by Ord. No. 795-02]
A. 
There may be circumstances when a property owner makes application to install a sewer connection but has no present intention to connect to the sanitary sewer system. For purposes of this chapter, this shall be deemed to be an application for installation of a dry sewer line. In such circumstances, the property owner shall be required at the time application for a sewer connection permit is made to post a bond of $500, which may be in cash or such other form as may be acceptable to the Borough Attorney. Said bond shall be returned to the property owner upon connection to the sanitary sewer system.
B. 
A property owner who installs a dry sewer line shall permit access to the premises served by the sewer line by the Construction Official on a regular basis to inspect the sanitary sewer connection to check whether the line has been connected to the sanitary sewer system.
C. 
If a property owner who has installed a dry sewer line subsequently connects to the sanitary sewer system, he shall notify the Construction Official immediately upon making such connection.
D. 
A violation of Subsections B and C of this section shall, upon conviction thereof, be punishable by a fine of up to $100. Each and every day in which a violation exists shall constitute a separate violation.