Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, private sewerage plant system or other facility intended or used for the disposal of sewage, except as specified in § 479-27.
[Amended 11-12-1986 by Ord. No. 12-1986]
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated within the Borough and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Borough, are hereby required at their expense
to install suitable toilet facilities therein and to connect such
facilities and all other soil, waste and other drainage pipe facilities
directly with the proper public sewer in accordance with the provisions
of this chapter within 180 days after the date of the official notice
to do so, provided that the appropriate application for such connection
shall have been made within 120 days, and further provided that the
public sewer is within 100 feet of the property line.
[Amended 11-12-1986 by Ord. No. 12-1986; 10-15-2014 by Ord. No. 22-2014]
If, after the expiration of said 180 days from the date of official notification, the owner of any property affected by the provisions of this chapter has failed to make such sewer connection as required by this article after receiving official notice requiring such action hereinbefore provided, the property owner shall be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty.
Every such sewer connection charge shall bear
interest and penalties from the same time and at the same rate as
assessments for local improvements in the Borough and from the time
of confirmation shall be a first and paramount lien against the respective
property or properties so connected with the sewer to the same extent
as assessments for local improvements and shall be collected and enforced
in the same manner.
No such charge for sewer connections shall be
invalid by reason of any error or omission in stating the name of
the owner or owners of properties affected by such sewer connections,
nor for any other informality, where such property or real estate
has actually been improved by such sewer connection.
[Added 6-20-2000 by Ord. No. 4-2000;
amended 8-16-2000 by Ord. No. 8-2000]
A.
In addition to the fees, charges and costs otherwise
set forth or referred to in this chapter, there shall be imposed a
one-time sewer connection fee for each house, building or, in the
case of a multiunit building, for each individual unit, residential
or nonresidential, to be serviced by any new connection to the public
sewer.
B.
The purpose of such sewer connection charge is to
provide for a fair payment toward the capital cost of the public sewer
system pursuant to N.J.S.A. 40A:26A-11.
C.
The amount of the sewer connection fee shall be as set forth in Chapter 275, Fees.
[Amended 6-20-2001 by Ord. No. 8-2001; 7-17-2002 by Ord. No.
10-2002; 3-19-2003 by Ord. No. 2-2003; 8-20-2008 by Ord. No.
13-2008; 7-21-2014 by Ord. No. 14-2014; 10-15-2014 by Ord. No. 22-2014]
D.
The fee shall be paid in full to the Borough prior to the issuance
of a certificate of occupancy for the unit to which it applies or
at such time as the redevelopment agreement by and between the Borough
and a redeveloper shall dictate. The payment of said sewer connection
fee shall be a condition to the issuance of any certificate of occupancy.
In the event that a connection is made without prior payment of the
sewer connection fee for any reason, unless otherwise permitted pursuant
to a redevelopment agreement, the sewer connection fee shall constitute
a first lien upon the benefited property and shall bear interest as
set forth in N.J.S.A. 40A:26A-12 and as otherwise provided by law.
This shall be in addition to any violations, penalties or other remedies
otherwise provided for. For the purposes of this section, “redevelopment
agreement” shall mean a contract for the planning, replanning,
construction, or undertaking of any project or redevelopment work,
or any part thereof as set forth in N.J.S.A. 40A:12A-8(f).
[Amended 5-18-2016 by Ord. No. 9-2016; 7-13-2016 by Ord. No. 9-2016; 2-20-2019 by Ord. No. 2-2019]
A.
The Mayor and Council, by resolution duly adopted,
after public hearing, with 10 days' written notice to the owners within
100 feet of the owner applicant's property, may waive the provisions
of this article requiring connection with the sanitary sewer system
of the Borough upon the following grounds:
B.
Said waiver shall be for a period to be determined
by the Mayor and Council, such period not to exceed three years, and
such waiver shall be applicable to the owner applicant only and shall
be recorded in the tax records of the Borough.
C.
Written request.
[Added 11-12-1986 by Ord. No. 12-1986]
(1)
Each property owner seeking a waiver of a connection
requirement must make such request in writing to the Mayor and Council
prior to the date of the public hearing on which the Mayor and Council
will consider adoption of the resolution granting such waiver. The
written request must set forth the specific reasons justifying the
waiver and must be accompanied by supporting information from the
contractor or other responsible source that unusual physical conditions
exist or such other reasons that would constitute a hardship waiver.
(2)
Additionally, each written request for a waiver shall
set forth the cost estimate of the contractor which shall detail the
expenditures to be made by the property owner for the hookup. This
cost estimate shall include a separately identified price for rock
removal quantities.
D.
A certified copy of the list of property owners within 100 feet shall be obtained from the office of the Borough Clerk for which a fee as provided in Chapter 275, Fees, shall be charged to each property owner. At or prior to the hearing, the property owner shall submit proof of service to all such property owners within 100 feet of the property in question.
[Added 11-12-1986 by Ord. No. 12-1986; amended 5-9-1990 by Ord. No. 5-1990]
