[Ord. No. 0-4-73; Ord. No. 0-9-73; 1967 Code § 62A-1]
As used in this section:
Any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes, either temporary or permanent,
or for any other use or occupancy by persons whatsoever, including
but not limited to commercial or industrial use.
The 90th-day, when used with respect to a building constructed
prior to the date of the initial operation, as part of any sanitary
sewage treatment and disposal system and water system in the Township
owned or operated by the Township or the Township Municipal Utilities
Authority, of sewer and water available to serve the building; and
when used with respect to a building constructed after the date of
initial operation, as a part of any sanitary sewage treatment and
disposal system and water facilities owned or operated by the Township
or the Authority, of sewer and water available to serve the building,
the 60th-day after the date of initial occupancy of the building,
whichever of the dates shall be earlier in point of time.
Any sewer or main designed or used for collection or disposal
of sanitary sewage within the Township.
Any water or main designed or used for supplying the public
with water within the Township.
[Ord. No. 0-4-73; 1967 Code § 62A-2]
a.
The owner of each property along the line of any sewer or water main
now or hereafter constructed in the Township by the Township or by
the Township Municipal Utilities Authority shall connect each building
on such property with sewer and/or water prior to the connection date
with respect to the building.
b.
The owner of each building located anywhere in the Township in which
a sewer is now constructed or shall be hereafter constructed shall,
prior to such connection date with respect to such building:
[Ord. No. 0-4-73; 1967 Code § 62A-3]
a.
Sewer connections. Every connection required by this section shall
be made with cast-iron soil pipe from inside the building to a point
not less than five feet outside the building. From this point to the
sewer main, cast-iron pipe caulked and leaded or asbestos cement pipe
with slip-joint rubber gaskets may be used. All pipes must be not
less than four inches in diameter.
b.
Water connections. Every connection required by this section shall
be made with such materials as specified by the State Uniform Construction
Code or Ordinance now in effect or hereafter adopted, and in the absence
thereof, with such materials and sizes of pipe as may be directed
by the Township Municipal Utilities Authority.
[Ord. No. 0-4-73; 1967 Code § 62A-4]
If the owner of any properties affected thereby shall neglect,
after lawful notice is provided, to make any water and/or sewer connection
or installation of toilet, the Township Municipal Utilities Authority
may cause such connection or installation to be made under the direction
and supervision of its Executive Director, or such officer of the
Township Municipal Utilities Authority, or may award one or more contracts
for the making of such improvements.
[Ord. No. 0-4-73; 1967 Code § 62A-5]
Before proceeding to make any such connection or installation
or awarding any contract for the making thereof, the Township Municipal
Utilities Authority shall cause notice of such contemplated connection
or installation to be given to the owner of any properties affected
thereby. The notice shall contain a description of the property affected,
sufficiently definite in terms to identify it, as well as a description
of the required connection or installation, and notice that unless
the connection or installation shall be completed within 30 days after
the service thereof, the Township Municipal Utilities Authority, pursuant
to the grant of authority given it by the Township will proceed to
make such connection, or cause the same to be done, pursuant to the
authority of N.J.S.A. 40:63-54, and also pursuant to the authority
of this section.
[Ord. No. 0-4-73; 1967 Code § 62A-6]
The notice may be served upon the owner or owners resident in
the Municipality in person, or by leaving it at their usual place
of residence with a member of their family above the age of 14 years.
If any such owner shall not reside in the municipality, such notice
may be served upon him personally, or be mailed to his last known
post office address, or it may be served upon the occupancy of the
property, or upon the agent of the owner in charge thereof. Notice
to infant owners or owners of unsound mind shall be served upon their
guardians. When lands are held in trust, service shall be made upon
the trustee. When properties are held by two or more joint tenants,
tenants in common or tenants by the entirety, service upon one shall
be sufficient and shall be deemed and taken as notice to all.
[Ord. No. 0-4-73; 1967 Code § 62A-7]
If the owner of any such property is unknown or service cannot
for any reason be made as above directed, notice shall be published
at least once not less than 30 days before the making of such connection
by the Township Municipal Utilities Authority, in a newspaper circulating
in the Municipality. There may be inserted in the advertisement, notice
to the owner or owners of several different properties.
[Ord. No. 0-4-73; 1967 Code § 62A-8]
Proof of service or publication of such notices shall be filed
within 10 days after such service with the Tax Collector of the Township,
but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
[Ord. No. 0-4-73; 1967 Code § 62A-9]
When any such water and/or sewer connection or toilet installation
shall be made, a true and accurate account of the cost and expense
shall be kept and apportioned to the property or properties thereby
connected, and a true statement of such costs under oath shall be
forthwith filed with the Township Clerk by the Township Municipal
Utilities Authority Director, or the designated officer of the Authority
in charge of such connection or installation. The Township Council
shall examine the same, and if properly made, shall confirm it and
file such statement with the Tax Collector. The Tax Collector shall
record the connection or installation charge in the same book in which
the local and other assessments are record.
[Ord. No. 0-4-73; 1967 Code § 62A-10]
Such connection or installation charge shall bear interest and
penalties from the same time and at the same rate as assessments for
local improvements, and from time of confirmation, shall be a first
and paramount lien against the respective property or properties so
connected with the Township or Township Municipal Utilities Authority's
Utilities System, to the same extent as assessments for local improvements,
to be collected and enforced in the same manner.
[Ord. No. 0-4-73; 1967 Code § 62A-11]
The Township Municipal Utilities Authority may, with the consent
of the Township Council, provide for the payment of any sewer or water
connection or toilet installation charges in installments in the same
manner as assessments for local improvements, to bear the same rate
of interest, and be collected and enforced in the same manner as are
installments for assessments on local improvements.
[Ord. No. 0-4-73; 1967 Code § 62A-12]
The Township Municipal Utilities Authority may promulgate such
rules and regulations as may be necessary in furtherance of, and to
effect the purposes and objectives set forth in this section. Such
rules and regulations shall not be of effect unless notice of the
proposed adoption is advertised at least five days prior to the date
set by the Authority for public hearing.
[Ord. No. 0-4-73; 1967 Code § 62A-13]
Upon collection by the Tax Collector of those water and sewer
connection or toilet installation charges expended by the Township
Municipal Utilities Authority, as assessed in accordance with the
provisions of this section, such sum(s) shall be reimbursed, including
accrued interest, by the Township Municipal Utilities Authority.
[Ord. No. 0-4-73; 1967 Code § 62A-14]
Notwithstanding the express delegation to the Township Municipal
Utilities Authority, to effect the provisions of this section, in
furtherance of those powers, express and implied, to effect such purpose
as enumerated in N.J.S.A. 40:14b-1 et seq., the Township by such delegation
of authority to the Township Municipal Utilities Authority, and the
designated public officers herein, does not expressly waive any power
and it does hereby reserve to itself all powers to take those actions
granted it in accordance with the provisions of N.J.S.A. 40:63-52
through 40:63-64, which are incorporated herein by reference, and
herein reserves the right to enforce the mandatory connection of water,
sewer and toilet connections and or installations, in accordance with
the following provisions.
a.
Failure to make connection. If, after the passage of this section,
the owner of any properties affected thereby shall neglect, after
lawful notice is provided, to make any water and/or sewer connection
or installation of toilet, the Township may cause such connection
or installation to be made under the direction and supervision of
its Township Manager, or such other designated officer of the Township,
or may award one or more contracts for the making such improvements.
b.
Notice of intention to do work. Before proceeding to make any such
connection or installation or awarding any contract for the making
thereof, the Township shall cause notice of such contemplated connection
or installation to be given to the owner of any properties affected
thereby. The notice shall contain a description of the required connection
or installation, and notice that unless the connection or installation
shall be completed within 30 days after the service thereof, the Township
will proceed to make such connection, or cause the same to be done,
pursuant to the authority of N.J.S.A. 40:63-54, and also pursuant
to the authority of this section.
c.
Service of notice. The notice may be served upon the owner or owners
resident in the municipality in person, or by leaving it at their
usual place of residence with a member of their family above the age
of 14 years. If any such owner shall not reside in the municipality,
such notice may be served upon him personally, or be mailed to his
last known post office address, or it may be served upon the occupancy
of the property, or upon the agent of the owner in charge thereof.
Notice to infant owners or owners of unsound mind shall be served
upon their guardians. When lands are held in trust, service shall
be made upon the trustee. When properties are held by two or more
joint tenants, tenants in common or tenants by the entirety, service
upon one shall be sufficient and shall be deemed and taken as notice
to all.
d.
Publication of notice where service is impossible. If the owner of
any such property is unknown or service cannot, for any reason, be
made as above directed, notice shall be published at least once not
less than 30 days before the making of such connection by the Township,
in a newspaper circulating in the municipality. There may be inserted
in the advertisement, notice to the owner or owners of several different
properties.
e.
Proof of service. Proof of service of publication of such notices
shall be filed within 10 days after such service, with the Tax Collector
of the Township, but failure to file the same shall not invalidate
the proceedings if service has actually been made as herein provided.
f.
Cost; certification and collection. When any such water and/or sewer
connection or toilet installation shall be made, a sure and accurate
account of the cost and expense shall be kept and apportioned to the
property or properties thereby connected, and a true statement of
such costs under oath shall be forthwith filed with the Township Clerk
by the Township Manager or the designated officer of the Township
in charge of such connection or installation. The Township Council
shall examine the same, and if properly made, shall confirm it and
file such statement with the Tax Collector. The Tax Collector shall
record the connection or installation charge in the same book in which
the local and other assessments are recorded.
g.
Assessments; interest and penalties; assessments a lien. Such connection
or installation charge shall bear interest and penalties from the
same time, and at the same rate, as assessments for local improvements,
and from the time of confirmation, shall be a first and paramount
lien against the respective property or properties so connected with
the Township or Township Municipal Utilities Authority's utilities
system, to the same extent as assessments for local improvements,
to be collected and enforced in the same manner.
h.
Payment in installations. The Township Manager or the designated
officer of the Township may, with the consent of the Township Council,
provide for the payment of any sewer or water connection or toilet
installation charges in installments in the same manner as assessments
for local improvements, to bear the same rate of interest, and be
collected and enforced in the same manner as are installments for
assessments on local improvements.
i.
Rules and regulations. The Township Manager or the designated officer
of the Township may promulgate such rules and regulations as may be
necessary in furtherance of, and to effect the purpose and objectives
set forth in this section. Such rules and regulations shall not be
of effect unless notice of the proposed adoption is advertised at
least five days prior to the date set by the Township Manager or the
designated officer.
[Ord. No. 0-4-73; 1967 Code § 62A-15; New]
Any person or persons, firm or corporation failing to obey the
provisions of this section, or the orders of the Public Officer, the
Township or Township Municipal Utilities Authority issued pursuant
to this section, shall be subject to the General Penalty established
in Section 1-5 of this Code. The penalties provided therein shall
not be deemed to bar or exclude any other power of enforcement which
the Township and/or Township Municipal Utilities Authority by and
through its public officers shall have in order to enforce compliance
with the provisions of this section.
[Ord. No. 4-28-69; 1967 Code § 78-1]
The repair, maintenance, replacement and general upkeep of sewerage
and water mains and trunk lines shall be repaired, maintained, replaced
and generally kept up by the person, corporation, entity or municipal
subdivision or subagency operating any and all sewage-collection or
treatment facilities or water supply or system within the Township
utilizing the main or trunk lines situate in any roadway, cartway,
right-of-way or lands dedicated unto the public for the purpose of
public travel at the expense of the person, corporation or municipal
subdivision or subagency operating the same.
[Ord. No. 4-28-69; 1967 Code § 78-2]
Laterals shall be maintained by the operator of any sewage-collection
system or water supply or system or such portions thereof as shall
be situate in any roadway, cartway, right-of-way or lands dedicated
unto the public for the purpose of public travel. The maintenance
of laterals not within the previously described area shall be at the
expense and liability of the users of the laterals.
[Ord. No. 4-28-69; Ord. No. 0-1-71; 1967 Code § 78-3; New]
a.
For any and all violations of the duty to keep in good repair by
a person, corporation, entity or municipal subagency operating all
sewage-collection or treatment facilities or water supply systems
within the Township which utilize mains or trunk lines situated in
any roadway, cartway, right-of-way or land dedicated unto the public
for the purpose of public travel, the Mayor is hereby authorized and
vested with the power to sign and file a complaint, in his official
capacity as Mayor, with the Superior Court of the State of New Jersey,
citing such violation, to enforce compliance with the provisions of
this section. The same remedy shall be available for violation of
the duty to maintain laterals heretofore described in this section
or any other provisions hereof.
[Ord. No. 2-13-56; Ord. No. 5-14-62; Ord. No. 0-4-74; 1967 Code §§ 63-13—63-16]
a.
Rents and charges. All persons, firms, corporations, associations
and organizations whose houses, buildings or properties are connected
or which may hereafter be connected with the sanitary sewer of Country
Club Estates, shall pay the rents hereinafter prescribed as follows:
1.
The annual sewer rental for each house or other building connected
with the sewers shall be the sum of $85 per annum, payable in quarterly
installments of $21.25 each on the 15th-day of March, June, September
and December.
2.
In any special cases not contemplated in the above schedule of rates
or not clearly defined therein, the Township Council is hereby authorized
to establish special rates or rentals under such schedules or formulas
as the Township Council may deem necessary to keep and maintain its
sewage system on a self-liquidating basis and to make, execute and
deliver such contracts or agreements with such special consumers as
the circumstances may required.
3.
All unpaid sewer rentals or installments thereof shall be subject
to interest of 3% for any payment made after its due date.
b.
Collection of rentals. The collection of rentals shall be made by
the Township Tax Collector, or such other persons as the Township
Council shall designate, of the Township who shall have powers to
make such regulations and establish such systems of billing and collection
as may be in the best interests of the proper management of the sewage
system.
c.
Payment; charges to become lien. That all rates, rentals and charges
established herein shall be payable to the Township Clerk or such
other person as the Township Council shall designate as specified
herein and shall be and remain until paid a lien upon the premises
served by such connection the same as all other taxes and municipal
charges upon the real estate and the Township shall have the same
remedy for the collection of the rates, rentals and other charges
with interest, costs and penalties as fixed by the Township, as the
Township has under the laws of this State for the collection of taxes
and other municipal liens upon real estate.
d.
Subject to payment. The owners of all lands and premises served by
the sanitary sewer system aforesaid shall be liable for the payment
of such rates, rentals and charges regardless of the fact that the
lands and premises may be occupied by some other persons, films, corporations,
associations or organizations.
[Ord. No. 6-30-60; 1967 Code § 40-1]
Pursuant to the provisions of the County and Municipal Water
and Sewage Disposal Authorities Law, P.L. 1957, c.183, p. 634 § 1
(N.J.S.A. 40:14B-1), of the State of New Jersey, there is hereby created
a public body corporate and politic under the name and style of "Township
Municipal Utilities Authority."
[Ord. No. 6-30-60; 1967 Code § 40-2]
The Township Municipal Utilities Authority hereby created is
a utilities authority as contemplated and provided by the County and
Municipal Water and Sewage Disposal Authorities Law and shall have
and exercise all of the powers and perform all of the duties provided
for by the County and Municipal Water and Sewage Disposal Authorities
Law and any other statutes heretofore enacted and applicable thereto.
[Ord. No. 6-30-60; Ord. No. 12-29-60; 1967 Code § 40-3A; Ord. No. 0-23-83; Ord. No. 0-2-87]
The Township Municipal Utilities Authority shall consist of
five members and two alternates, and the members and alternate members
shall be appointed by the Township Council. The terms of the members
shall be for periods set forth in N.J.S.A. 40:14B-4.
[Ord. No. 6-30-60; Ord. No. 12-29-60; Ord. No. 0-5-74; Ord. No. 0-10-78; 1967 Code § 40-38; Ord. No. 0-23-83]
Pursuant to N.J.S.A. 40:14B-17, the members and alternate members
of the Township Municipal Utilities Authority shall receive as compensation
for their services such sums as the Township Municipal Utilities Authority
may determine, but the compensation shall not exceed the annual sums
below mentioned for the various members:
|
Position
|
Compensation
|
|---|---|
|
Chairman
|
$2,000
|
|
Vice Chairman
|
$1,600
|
|
Secretary-Treasurer
|
$1,650
|
|
Authority Members
|
$1,500
|
|
Authority alternate members may receive the sum of $50 per meeting
for any meeting in which they are required to act on behalf of a regular
authority member.
|
[Ord. No. 6-30-60; Ord. No. 12-29-60; 1967 Code § 40-3C; Ord. No. 0-23-83]
Pursuant to N.J.S.A. 40:14B-18, the Township Municipal Utilities
Authority may appoint a Secretary, an Executive Director, a Chief
Engineer, a Solicitor and such agents and employees as it may require,
and the Township Municipal Utilities Authority in making appointments
and employments shall determine the qualifications, terms of office,
duties, retainers and/or compensations of all such appointees or employees.
[Ord. No. 0-23-83 § 1]
"Alternate No. 1" and "Alternate No. 2" shall serve during the
absence or disqualification of any regular member or members. In the
event of any absence of disqualification of any regular member or
members, "Alternate No. 1" during the months of February through July,
shall be initially designated to serve and vote during any such absence
or disqualification; "Alternate No. 2" shall be initially designated
to serve and vote during the absence or disqualification of any regular
member or members during the months of August through January; provided
however, that in the event more than one regular member is absent
or disqualified for any meeting or meetings, "Alternate No. 1" and
"Alternate No. 2" may act in their stead and vote.
The terms of appointments and the powers of alternate members
shall be as set forth in N.J.S.A. 40:14B-4.
[Ord. No. 6-30-60; 1967 Code § 40-4]
A copy of this chapter, duly certified by the Township Clerk,
shall forthwith be filed by the Township Clerk in the office of the
Secretary of State of the State of New Jersey.
