[HISTORY: Derived from Sec. 2-37 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
The Township, acting in concert with and upon the consideration of the adoption of parallel ordinances by the governing bodies of Garwood, Kenilworth and Roselle Park, Rahway, Springfield, Westfield, Cranford and Woodbridge, respectively, all being municipal corporations of New Jersey and all being situated in the County of Union, except Woodbridge, which is situated in the County of Middlesex, shall join with such municipal corporations in the formation of a Sewerage Authority.
Pursuant to the provisions of the Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq., there is hereby created a public body corporate and politic under the name and style of the "Rahway Valley Sewerage Authority," hereinafter referred to as the "Sewerage Authority." The district of the Sewerage Authority, as defined in the Sewerage Authorities Law, shall consist of the areas within the territorial boundaries of the Township and the municipal corporations named in § 57-1.
The Rahway Valley Sewerage Authority hereby created is a Sewerage Authority as contemplated and provided for by the Sewerage Authorities Law and shall have and exercise all the powers and perform all the duties provided for by such statute and any other statutes heretofore or hereafter enacted and applicable thereto.
The Sewerage Authority shall consist of nine members. One shall be appointed by the Township Council and one by the governing body of each of the other municipal corporations named in § 57-1. The members shall serve for terms of five years, as provided by the Sewerage Authorities Law.
The following limitations shall be placed upon the compensation of members, to comply with the requirements of the statute in that respect:
No member shall receive greater compensation than at the rate of $100 per meeting for his or her attendance at regular or special meetings of the Sewerage Authority or committees thereof, and not more than $2,000 in any calendar year, except that the Chairman shall receive such compensation as the Sewerage Authority shall fix, not to exceed $3,000 during his or her one-year term of office.
This Township shall, and is hereby authorized to, enter into an agreement with the Boroughs of Garwood, Kenilworth and Roselle Park, the City of Rahway, the Town of Westfield and the Townships of Springfield, Cranford and Woodbridge, municipal corporations of the State of New Jersey, all situated in the County of Union, except Woodbridge, which is situated in the County of Middlesex, superseding the present contracts therewith providing for the maintenance and operation of the Rahway Valley Joint Meeting Trunk and Sewage Treatment Plant and providing, among other things, for the formation of a Sewerage Authority pursuant to the Sewerage Authorities Law of the State of New Jersey and, on certain terms, the conveyance and transfer to such Sewerage Authority, when formed, of the right, title and interest of this Township in and to certain real personal property now under the control of the Rahway Valley Joint Meeting.
Editor's Note: The agreement referred to in this section was duly executed by the Township and delivered. It is filed in the office of the Township Clerk. On October 2, 1951, the Township conveyed its interest in the Rahway Valley Joint Meeting to the Rahway Valley Sewerage Authority, and said agreement was updated in 1995. The above-mentioned agreement and ordinance of conveyance are not included in the Code, but are saved from repeal. See § 1-13.
The Township shall charge to the end user the costs incurred by the Township in purchasing sewer flow rights from and through the Rahway Valley Sewerage Authority and shall include in such charge soft costs, as may be reasonably determined by the Chief Financial Officer and fairly apportioned to the end user, including but not limited to the pro rata share of any interest accrued, compounded annually, between the time of the purchase of such flow rights and their allocation to the end user under a bond or note issued by the Township to finance the purchase of the flow rights and legal fees incurred with respect to the negotiation for and acquisition of such flow rights and the preparation of any bond ordinances or resolutions.
Flow rights are granted to member communities by the Rahway Valley Sewerage Authority (RVSA). By agreement, the Township has been granted sewer flow rights for the municipality. The total flow rights to end users is finite and limited and assigned developers, upon purchase at the time of the sanitary sewer application. All completed applications for sewer permits shall be approved on a first-come-first-served basis. The obligation of the Authority or the Township to approve applications for sewer permits is contingent upon the availability of capacity, both at the Rahway Valley Sewerage Authority Treatment Plant and in the mains that are owned and maintained by the RVSA and the Township of Clark. If sufficient flow rights are not available from the Township, it shall be the sole responsibility of the developer to acquire sufficient flow rights from another source to accommodate its development as follows: "If Clark does not already possess adequate flow rights in order for the developer to proceed with the development, Clark may, in its sole discretion, choose to negotiate with another member for the purchase of additional flow rights. All negotiations must be between members only. The developer must reimburse the Township of Clark for the cost of such rights in accordance § 57-6 of the Township Code." Construction permits shall not be issued unless and until the developer provides adequate evidence of its acquisition of flow rights sufficient to serve the proposed development.
[Added 8-20-2018 by Ord. No. 18-19]
Upon notification by the Rahway Valley Sewerage Authority, the Township shall assess industrial user charges upon those entities which generate the user charges. If the user charges are not paid within 60 days of receipt of the Township's notice of same, such charges shall become a lien against the property, collectible as provided by law. A copy of the resolution approving the industrial user charges shall be certified by the Township Clerk and filed with the Tax Collector of the Township, who shall be responsible for the collection thereof, and a copy of the resolution shall be sent by certified mail to the owner.