Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower 2-18-2009 by Ord. No. 2009-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Utilities Authority — See Ch. 67.
Construction permits — See Ch. 254.
Housing standards — See Ch. 380.
Land development — See Ch. 400.
Manufactured homes — See Ch. 427.
Unpaid water charges — See Ch. 658.
[1]
Editor's Note: This chapter was adopted as Ch. 535, but was renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
CONNECTION FEES
The cost charged by the MUA and required to be paid by each property owner in the Township for connecting to the water system.
MUA
The Lower Township Municipal Utilities Authority, established by the Township of Lower pursuant to N.J.S.A. 40:14B-1 et seq. and by Ordinance No. 68-10, adopted July 4, 1968.[1]
USER FEES
The annual fees charged by the MUA for water supplied to the property owners in the Township who are supplied water by the MUA through the water system.
WATER SYSTEM
Capital projects that have been or will in the future be undertaken by the MUA to provide water to the residents of the Township.
[1]
Editor's Note: See Ch. 67, Municipal Utilities Authority.
All properties within the Township where a water supply main exists or is constructed from time to time shall be required to connect to the water system of the MUA and to pay the appropriate connection fees and annual user fees for such water services. The time required for such connection and the payment of the appropriate connection fees and user fees shall be as follows:
A. 
For property owners where new lines are constructed by or on behalf of the MUA and available for such water services, within one year from the date of notice by the MUA or its designee; if such properties have not connected to the water system within the one-year period, the property owner shall pay the annual minimum user fees and a lien shall be placed on the property in the amount of the connection fee.
B. 
For properly owners where federal, state or related grants have been provided for the water system to service such properties, within one year from the date of notice by the MUA or its designee; if such properties have not connected to the water system within the one-year period, the property owner shall pay the annual minimum user fees and a lien shall be placed on the property in the amount of the connection fee.
C. 
For property owners where water services already exist, within one year from the date of notice by the MUA or its designee or immediately upon change in property ownership; if such properties have not connected to the water system within the one-year period, the property owner shall pay the annual minimum user fees and a lien shall be placed on the property in the amount of the connection fee.
D. 
Residential connection fees may be paid in equal annual installments upon connection to the system within the one-year period over a five-year period beginning on the actual connection of such property to the water system or one-year from the date of notice from the MUA or its designee as provided for in this § 660-2 and with interest at the rate established for unpaid user fees on any unpaid balance beginning at the end of year five. Failure to comply with the payment plan will result in a lien being placed on the property for any balance due with interest.
The property owner and the connection shall be subject to the rules and regulations of the MUA and N.J.S.A. 40:14B-1 et seq., the Municipal and County Utilities Authorities Law.
The obligation to comply with the terms of this chapter shall be the obligation of the record owner of the property, regardless of any lease provision.
The amount of the residential connection fee shall initially be $1,600, which amount shall remain in effect for a period of five years beginning on the effective date of this chapter. Thereafter, any change in the connection fee shall be recommended by the MUA by resolution, which changes shall be based upon the capital investment of the MUA in constructing the water system consistent with applicable law.
All notices required by this chapter shall be sent first class regular mail and certified mail, return receipt requested, to the last known property address for the owner of the affected property as contained in the then-current Township tax records.
In the event that the property owner refuses to make such connection or pay such connection fee or user fees within the applicable period of time set forth in this chapter, the unpaid connection fee and user fees shall constitute a lien on the affected property when approved by the Township Council and filed with the Clerk of Cape May County, New Jersey.