Township of Alloway, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Alloway 8-20-2009 by Ord. No. 425. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Sewer Utility — See Ch. 30.
Individual sewage disposal systems — See Ch. 95.
Stormwater management — See Ch. 98.
As used in this chapter, the following terms shall have the meanings indicated:
EDU (EQUIVALENT DWELLING UNIT)
Each individual unit of housing suitable for human occupancy, including individual single-family residences, each individual unit of multifamily housing, each individual apartment unit and each individual dwelling unit of any other type of housing which might be established in the Township.
VACANT HOME OR BUSINESS
Property which is otherwise required to connect to the system pursuant to § 96-2 of this chapter and contains improvements capable of producing sewage waste, but which is not occupied or utilized in any manner at the time sewer service becomes available to the property.
A. 
The owner of any property with a building or unit containing facilities discharging or capable of discharging sewage waste and fronting upon that portion of any public street or easement in the Township in which a sewer line is now constructed or shall be hereafter constructed and which is located in the sewer service area and which is not prohibited from tying into the sewer line pursuant to any project approvals and which sewer line is capable of receiving sewage waste and which building or unit is within 500 feet of the roadway it fronts upon, shall connect such building to the sewer system and all sewer discharge shall be connected with said sewer. No certificate of occupancy shall be issued for a building constructed after the date of initial operation of a public sewage treatment and disposal system in the Township of Alloway unless the owner thereof has complied with the terms of this chapter.
B. 
Whenever any portion of lands contained in a major subdivision, which is not yet developed, fronts on or is located within 500 feet of a sanitary sewer line or pump station, all future construction of improvements in such subdivision shall be connected to sanitary sewer. Such lines shall be extended by the developer of such improvements, at the sole costs and expense of the developer, in accordance with the State Uniform Residential Site Improvement Standards.
C. 
At such time as public sewer becomes available to a property served by a private wastewater disposal system, as provided herein, a direct connection shall be made to the public sewer within 180 days or within such time period as otherwise established by resolution of the Township Committee, in compliance with this chapter. The property owner shall be notified by the Township when public sewer service is available. This requirement does not apply to those properties which satisfy the definition of "vacant home or business" at the time sewer service becomes available.
[Amended 6-17-2010 by Ord. No. 445]
D. 
No certificate of occupancy shall be issued by the Township upon the sale or other transfer of title of any property required to connect to the sewer system, until the required connection to the sewer line and the payment of attendant fees has been made, and satisfactory proof thereof furnished to the Construction Code Official of the Township of Alloway.
E. 
The Township of Alloway shall not charge a fee for a Township-issued plumbing permit or electrical permit required by any property owner who is required to connect to the sewer system pursuant to this section of the chapter, so long as the plumbing and electrical permits are issued within the time period of 180 days set forth in § 96-6A of this chapter or as extended by resolution pursuant to § 96-6A.
[Amended 6-17-2010 by Ord. No. 445]
F. 
All property owners required to connect to the sewer system under this section of the chapter and who already have an existing septic system, must properly abandon said septic system within 60 days of connection to the sewer system, pursuant to any and all federal, state and local laws and regulations and provide the Township proof, to the satisfaction of the Township, that the septic system was properly abandoned.
A. 
Connection to and discharge into the municipal sewer line of the Township of Alloway shall be done in compliance with the "Sewer Use Rules and Regulations for the City of Salem," as amended. Those Rules and Regulations are hereby incorporated by reference into this chapter and a copy of same is on file with the Township Clerk of Alloway Township.
B. 
Where the average daily flow of any individual discharger is greater than 1% of the average daily flow of the entire sanitary sewerage system of the Township, holding facilities shall be constructed on the premises of the discharger, by the discharger, which shall control the quantity and rates of discharge so that the rate will be constant over a twenty-four-hour period for each day of the week.
In addition to the enforcement provisions set forth in this chapter, any person or entity who shall violate any provision of this chapter, shall, upon conviction thereof, be punished by a fine of no less than $100 and no more than $2,000, or by imprisonment for a term not to exceed 90 days or by a period of community service not to exceed 90 days. Any person who is convicted of violating any provision of this chapter within one year of the date of a previous violation of this same chapter and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.
Connection to the Alloway Township sewer line shall require a connection permit, to be issued by the Township Construction Official, upon application to the Township and payment of costs of which shall be $1. In addition to this connection permit, the property owner shall be responsible for obtaining all plumbing permits and inspections, and shall be responsible for the plumbing permit and inspection fees in connection with same.
A. 
Any property required to be connected to the sewer system under the terms of the chapter shall pay a connection fee to be determined yearly by the Township Committee and established by resolution, except that units physically connected within 180 days of the activation of the system shall be exempt from this fee. This time period of 180 days may be extended by resolution of the Township Committee. Any property that satisfies the definition of "vacant home or business" shall not be required to pay a connection fee at the time the property containing the vacant home or business connects to the sewer system. Connection fees shall be paid in advance and in full to the Treasurer of the Township of Alloway at the time application therefor is made and before any permit shall be issued. The actual cost of opening and repairing municipal, county or state roads shall be the sole responsibility of the applicant.
[Amended 4-15-2010 by Ord. No. 441; 6-17-2010 by Ord. No. 445]
B. 
In the event a property is disconnected from the sewer service, the applicable connection fee established by resolution for the year reconnection is sought must be paid in order to reconnect to the system. The Township shall not apply any fees previously paid in connection with the sewer system towards reconnection.
A. 
All properties which are required to be connected to the sewer system shall be subject to the user fees provided for in this chapter unless an exemption from such fee has been granted by the Alloway Township Committee. These user fees shall sometimes be referred to as the "normal user fee." In addition, any property that falls within the definition of "vacant home or business" as set forth in § 96-1 of this chapter shall be subject to a special "vacant property" user fee instead of the normal user fee. Any unpaid sewer charges shall become a lien on the real estate in the same manner as unpaid real estate taxes pursuant to New Jersey Statute. The obligation for the payment of sewer charges shall exist for any property required to be connected to the sewer system, whether or not an improvement on an affected lot is actually connected to the Alloway Township sewer line. The user charges shall not be adjusted based upon occupancy of the property. The requirement for connection shall be within 180 days from the first date on which the Alloway Township sewer line becomes operative and is available for the receipt of user wastewater flows. Anyone paying the "vacant property" user fee shall be obligated to pay the normal user fee upon connection to the system and paying the applicable connection fees or upon the property no longer satisfying the definition of "vacant home or business." Upon connection to the system and paying the applicable fees or upon the property no longer satisfying the definition of "vacant home or business," a property can no longer be assessed the vacant property user fee, even if the property is later disconnected from the system for any reason whatsoever.
B. 
The annual rate for each domestic consumer unit EDU shall be established by resolution of the Township Committee. The Township Committee shall establish two separate rates. The normal user fee shall be charged for those properties that are connected to the sewer system or should be connected to the sewer system. Another "vacant property" user fee shall be charged for those properties that qualify as "vacant home or business" as defined in § 96-1 of this chapter. The rate shall be paid quarterly at the rate of 1/4 of the annual charge per quarter, and prorated for portions thereof.
C. 
In cases where the character of the sewage or industrial wastes discharged from any building or premises is such that it imposes an additional burden upon the sewerage system or sewage disposal facilities different from that imposed by the average sewage entering said sewerage system or sewage disposal facilities, the additional cost necessitated thereby shall be an additional charge over the rates hereinabove set forth. The Township may, if it deems it advisable, compel such building or premises to treat such sewage or industrial wastes in such manner as shall be specified by the Township before discharging the same into the Township's sewerage system. The Township shall at all reasonable times have the right to enter upon premises connected to said sewer system for the purpose of making tests of the quantity and quality of the sewage or industrial wastes discharged from said property into said sewerage system or performing maintenance and repairs of the sewer system. The owner of such property shall at his/her own cost and expense install approved facilities for obtaining samples of such sewage or industrial waste. The Township shall have the right to refuse to permit any person, firm, corporation or entity to connect to or require the disconnection from said sewerage system if in the opinion of the Township Committee the sewage or industrial wastes to be discharged into said sewerage system are detrimental to the health, safety and welfare of the Township and/or its inhabitants.
(Reserved)
A. 
In accordance with this chapter and rules of the City of Salem Utility, all nonresidential units must submit an application form for review by the Township and the City describing the type of activity and the quantity and quality of sewage wastes produced by the nonresidential entity prior to being issued a permit to connect to the system. The contents of the permit application will be adopted by resolution and may be changed from time to time as dictated by operating conditions of the sewer utility.
B. 
In addition to the permit application, all engineering and administrative costs of review charged by the City of Salem for nonresidential applicants, as well as all costs associated with waste sampling that may be required prior to permit approval and issuance shall be borne by the applicant.
C. 
Nonresidential users may be required to provide pretreatment of their wastewater prior to discharge into the system, in compliance with the City of Salem and NJDEP rules.
(To be established per City of Salem treatment charges).
[Amended 12-16-2010 by Ord. No. 451]
Unless the following listed uses are determined to require metering, by recommendation of the City of Salem, they shall be treated for billing purposes as the equivalent of the number of EDUs as assigned hereafter.
Type of Use/Structure
Number of EDU'S
(Base/Add'l)
Boarding and tourist houses, for each room available for rent
1 + .25 per room
Hotel and motel
1 + 1 per every 3 rental units or fraction thereof
Single-family residence with a home occupation
1 + .25 per 5 employees or fraction thereof
Schools
0 + 1 for every 13 students, teachers and employees (any combination) or fraction thereof*
* Schools shall submit to the Township Clerk a population list to include faculty, staff and students on or before the first day of each school year.
Club, society, service organization
1 + .25 for each 20 members or fraction thereof
With bar and/or catering facilities
1 + .50 for each 50 seats or fraction thereof
With bar and/or restaurant facilities
1 + .50 for each 20 seats or fraction thereof
Public building
0 + .50 for each 2,500 square feet of floor area or fraction thereof
Service station without car-washing facilities
1 + .25 per restroom
Service station with convenience store
1 + .50 per restroom
Service station with car-washing facilities
2 + .50 per restroom
Diner, tavern, restaurant or cafe
1 + .50 for each 15 seats or fraction thereof
Beauty shop or barber shop
1 + .50 for each 3 sinks or fraction thereof
Laboratory
0 + 2
Laundromat or self-service laundry
0 + 1 for each washer
Supermarket
1 + .50 for each 5 employees or fraction thereof on the largest working shift
Banks, professional offices or similar facilities
1 + .50 for each 2,500 square feet of floor area or fraction thereof or every 15 employees or fraction thereof, whichever is greater
Medical or dental offices and clinics
1 + .50 for each 1,000 square feet of floor area
Retail stores, not otherwise specifically set forth in this schedule
1 + .50 for each 2,500 square feet of floor area or fraction thereof
Wholesale and warehouse facilities without floor drains
1 + .25 for every 15 employees or fraction thereof
Wholesale and warehouse facilities with floor drains
1 + .50 for every 15 Employees or fraction thereof
Convenience stores/delis, with no seating
1 + .25 for every 1,000 square feet of floor area or fraction thereof
Bakery, with baking facilities
1 + .25
Health clubs and gyms
1 + .25 for each 1,000 square feet or fraction thereof
Parks, playgrounds or ball fields with sanitary facilities
1 + .25 per restroom
Churches, including any buildings attached to or in close proximity to the church itself and which are owned by the church and used solely for the benefit of the church or its members, or any halls, banquet rooms or meeting rooms within the church
[Amended 12-16-2010 by Ord. No. 451]
0 + 1 per every 200 seats of actual sanctuary or other primary place of worship space, as determined by the Fire Marshall
If any proposed use does not fit any of the above categories, including, but not limited to Ranch Hope, the number of EDUs and amount of all fees shall be determined by the Township Committee with the advice of the Municipal Engineer, and a separate agreement shall be prepared between the Township of Alloway and the property owner.
[Added 4-15-2010 by Ord. No. 441]
A. 
Any property owner shall have the right to appeal the EDU determination established by the Township for his/her respective property.
(1) 
Appeal procedure.
(a) 
All appeals shall be filed in the office of the Township Clerk on a form provided by the Clerk,[1] together with all necessary documents and materials, no later than September 1. Any appeal filed after September 1 will not be heard and will be denied.
[1]
Editor's Note: A copy of the EDU Appeal Request Form is available in the Township offices.
(b) 
The appeal, if granted, will become effective as of the first quarter of the following year (which begins on February 1).
(2) 
Hearing by Township Engineer.
(a) 
All appeals shall be heard by the Township Engineer who shall review and investigate the appeal and make a determination regarding whether or not to grant the appeal. The Township Engineer shall render a decision within 30 days of the date in which the appeal was filed with the Township Clerk.
(b) 
Upon the grant of any appeal by the Township Engineer, an adjustment will be made to the sewer bill beginning as of the first quarter of the following year. All appeals shall be prospective, and there shall be no refunds in the event an appeal is granted and the property owner does not have the right to seek reimbursement of monies paid towards sewer fees.
(3) 
Hearing by Township Committee.
(a) 
A property owner shall have the right to appeal the determination of the Township Engineer, under this section of the Code, within 30 days of the date in which the Township Engineer renders his/her decision. Such appeals shall be heard and decided by the Township Committee during a regular monthly meeting, unless the Township Committee decides to hold a special meeting upon proper notification. An appeal may not be made directly to the Township Committee and must be reviewed by the Township Engineer in accordance with Subsection A(2) first. Any and all appeals from the decision of the Township Engineer shall be filed in the office of the Township Clerk on a form provided by the Clerk.
(b) 
The Township Committee shall have 45 days from the date the appeal is filed to review and investigate the appeal and make a determination regarding whether or not to grant the appeal. The Township Committee may seek the advice and expertise of the Township Engineer when hearing appeals.
(c) 
Upon the grant of an appeal by the Township Committee, an adjustment will be made as of the first quarter of the following year. All appeals shall be prospective only and there shall be no refunds in the event an appeal is granted and the property owner does not have the right to seek reimbursement of monies paid towards sewer fees.
(4) 
Additional appeal rules:
(a) 
There shall be no further rights of appeal after the Township Committee has made its determination.
(b) 
An appeal can be filed no more than one time every three years or upon a showing, by the property owner, of a change in circumstance.
(c) 
The property owner shall be responsible to provide any and all materials and information necessary and requested by either the Township Engineer or Township Committee in order for a determination to be made. An appeal may be denied for failure to supply requested information.
In addition to the Sewer Use Rules and Regulations for the City of Salem, the discharge of the following waste into the sewage collection system of the Township is prohibited and shall be grounds for revocation of the connection permit:
A. 
Gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
B. 
Garbage, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, paint residues, cannery waste bulk solids, paper mill wastes or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system.
C. 
Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a hazard or menace to life or property or of preventing entry into the sewers for their maintenance and repair.
D. 
Any radioactive isotopes.
E. 
Any wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
F. 
Concentrated dye wastes, inking wastes, spent tanning solutions or other wastes which are highly colored and which color cannot be removed by the Borough's sewage treatment plant.
G. 
Any "slugs" of sewage or waste, that is any sewage or waste exceeding a concentration greater than five times that of normal sewage or of the limiting characteristics for wastes, discharged continuously for a period of 15 minutes' duration or longer.
H. 
Any waste containing grease or oil that will solidify or become viscous at temperatures between 32° and 150° F.
I. 
Surface- or rainwater, cooling water and water from roof or cellar drains, groundwater, or unpolluted industrial or commercial process water.
J. 
Any waste which is harmful to any portion of the sewerage system, its operating personnel or the general public, and any water or waste which contains any toxic substances in a quantity sufficient to constitute a hazard to humans or animals or to interfere with the biochemical process of the sewage treatment plant in such condition that it will exceed state, federal or other valid requirements for the receiving stream. The determination of these conditions shall be based upon the results of an analysis conducted
Alloway Township's sewer bills shall be due and payable on March 1, June 1, September 1 and December 1 of each and every year and the first bill shall be prorated to reflect the date in which the property is connected to the sewer system. The amount charged shall be due on the date indicated on the bill. Interest will be charged on any overdue balance at the rate of 8% per annum on balances of $1,500 or less and 18% per annum on balances greater than $1,500. In the event that sewer bills are not duly paid as provided for herein, the amounts due shall be forwarded to the collector of taxes for the Township of Alloway in accordance with N.J.S.A. 40A:26A-12. All delinquent unpaid sewer bills shall become a lien upon the property served until paid; the Township shall have the same remedy for the collection thereof together with legal interest, costs and penalties as presently permitted under the laws of the State of New Jersey.