[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.
THE INDEX
CONSTRUCTION COSTS
Definitions. The following words and terms shall have
the meanings herein indicated for the purposes of this section:
The Consumer Price Index for Urban Wage Earners and Clerical
Workers for New York - Northeastern New Jersey.
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 $10,000 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 Plumbing Subcode Official stating
that all septic tanks, seepage pits, dry wells or cesspools have been
emptied of wastes, and removed or filled completely with gravel or
sand. Upon submission of the certification from the Plumbing Subcode
Official after inspection and approval, the cash bond shall be returned
to the applicant. If a bond is posted by the contractor in lieu of
the $500 cash bond as provided hereinabove, then, upon request by
the contractor and approval of the request by the Construction Code
Official, the bond shall be returned to the contractor.
[Amended 4-5-2021 by Ord. No. 1178-21]
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. 1119-175-20-2019 by Ord. No. 1151-19; 6-5-2023 by Ord. No. 1231-23]
A.
Effective July 1, 2023, 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:
$680.85 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: $517.14
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 on as qualified
New Jersey resident senior citizen disabled person or surviving spouse
and property must be primary residence: $324.36 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. 54:4-8.40
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:
(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 $0.80 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.
