[HISTORY: Adopted by the Township Committee of the Township
of Alloway 8-20-2009 by Ord. No. 425. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
