[Adopted 4-20-1987 by Ord. No. 8-1987 (Ch. 125, Art. IV, of the 1976 Code)]
[1]
Editor's Note: The Sewer Department was previously entitled the "Sewer and Water Department," which was revised by Ord. No. 2000-23.
[Amended 3-21-1988 by Ord. No. 6-1988; 11-27-2000 by Ord. No. 2000-23]
The operation of the sewage collection system shall constitute a separate department of the Township and shall be known as the "Sewer Department of the Township of Berlin."
[Amended 3-21-1988 by Ord. No. 6-1988; 11-27-2000 by Ord. No. 2000-23]
Any person or persons, firm or firms, corporation or corporations utilizing the sewage collection system of the Sewer Department of the Township of Berlin shall be subject to the rules and regulations hereinafter adopted by the Township of Berlin.
A. 
Application for connection to the sewage collection system shall be made, in writing, on a form furnished by the Sewer Department and signed by the owner of the property for which said connection is being applied for or his authorized agent. A charge as set forth in Chapter 156, Fees, will be made for this application at the time it is issued.
[Amended 11-27-2000 by Ord. No. 2000-23; 4-29-2019 by Ord. No. 2019-3]
B. 
The Sewer Department shall include in a quarterly report all sewer and water connections applied for and/or issued within said quarter by type of unit, location, lot and block number and address.
[Amended 11-27-2000 by Ord. No. 2000-23]
C. 
All sewer connection permits issued by the Township shall expire on a date one year from the date upon which such permit was issued, or on the date of expiration of the plumbing permit issued for the connection, whichever date occurs earlier.
[Added 11-8-1999 by Ord. No. 1999-19; amended 4-11-2005 by Ord. No. 2005-3]
D. 
All sewer connection permits issued on or after the effective date of this subsection shall be subject to the one-year expiration period.
[Added 11-8-1999 by Ord. No. 1999-19]
E. 
All development or construction which requires major or minor site plan approval or major subdivision approval shall have obtained final site plan or subdivision approval from the Township prior to the issuance of any sewer connection permits.
[Added 11-8-1999 by Ord. No. 1999-19]
[Amended 11-27-1900 by Ord. No. 2000-23]
The applicant will be responsible for payment of the installation of the lateral main from the sewer main to the curbline and shall also be responsible for the installation of the lateral from the property line to the premises. If the Sewer Department installs the lateral from the main to the property line, the applicant shall pay all expenses. All sewer lines shall be at least two feet below surface or finished grade to ensure against freezing. Said sewer lines shall be separated from the water and other service pipes by at least two feet. Notice must be left at the office of the Sewer Department at least two days before any inspection is required and shall state the exact time when the trench will be opened and ready for inspection. In cases where the inspection cannot be made at the time specified in the notice and, in consequence, the Sewer Department agent is required to make two or more trips for the purpose of making the inspection, the extra expense caused by the additional trips shall be paid by the owner. These costs shall be payable at the time application for a sewer permit is issued.
[Amended 3-21-1988 by Ord. No. 6-1988]
A. 
A connection charge shall be imposed for each sewer connection, said connection fee to be determined per domestic consumer unit or equivalent domestic consumer unit in accordance with the following schedules, except where otherwise noted:
[Amended 11-28-1994 by Ord. No. 1994-27]
Type of Structure
Domestic Consumer Units
1.
Single-family dwelling
1
2.
Private dwelling with rented rooms or boardinghouse
1
3.
Each room available for rent
1/2
4.
Hotel or motel, per living unit
1/2
5.
Rental or condominium apartments, per living unit
1
6.
Townhouse, per living unit
1
7.
Townhouse with ancillary apartment
1 1/2
8.
Single-family home with place of business (A)(B)
1 1/2
8A.
Single-family home with place of business that qualifies as a home occupation or home office (A)(B)
1
8B.
Parent/in-law suite
[Added 9-10-2001 by Ord. No. 2001-16]
1/2
9.
Apartment
1
10.
Mobile home
1
11.
Senior citizen apartment complex, per apartment
1/2
12.
School, per each 30 pupils and faculty
1
13.
Gymnasiums
2
14.
Church
1
15.
Public building
2
16.
Clubs, societies, service organizations
1
17.
Clubs, societies, service organizations with bar and/or dining facilities
3
18.
Service station without car washing facilities
2
19.
Service station with recycling car wash facilities
3
20.
Service station without repair or maintenance facilities but with recycling car wash facilities
3
21.
Takeout restaurant/delicatessen without seating facilities
1
22.
Banquet hall; catering establishment with seating facilities:
1 to 150 seating capacity
3
Each additional 50 seating capacity or fraction thereof
1
23.
Laundromat or self-service laundry:
For each washer of not more than 12 pound capacity
1/2
For each washer of more than 12 pound capacity
1
24.
Soda fountain and/or luncheonette/delicatessen:
1 to 10 seating capacity
1
Each additional 15 seats or fraction thereof
1
25.
Supermarket, for each five employees
1
26.
Retail and general commercial business (for each separate business):
Per first 2,500 square feet of gross floor area
1
Per each additional 5,000 square feet of gross floor area or fraction thereof or on a flow basis of 300 gpd per DCU, whichever is greater
1
27.
Office building, per each 3,000 square feet of gross floor area or fraction thereof
1
28.
Bakery (with baking facilities, whether part of dwelling or not)
2
29.
Hairdresser:
1 to 3 chairs
1
Each additional three chairs or fraction thereof
1/2
30.
Theatre or movie house (for each 100 seats or fraction thereof)
1
31.
Hospitals, nursing homes and twenty-four-hour health care facilities (for each 3 beds or fraction thereof)
1
32.
Diner, tavern, restaurant with separate banquet room or facilities:
1 to 50 seating capacity
3
Each additional 15 seating capacity
1
33.
Diner, tavern, restaurant without separate banquet room or facilities and fast-food-type restaurants:
1 to 15 seating capacity
1
Each additional 15 seats (or fraction thereof)
1
34.
Drive-in restaurants, no indoor seating capacity
1
35.
Warehouse (as one use), per each 5,000 square feet of gross floor area or segment thereof
1
36.
Industrial, assembly or manufacturing plant without industrial waste, per each 3,000 square feet of gross floor area or per each 5 employees, whichever is greater
1
37.
Office/warehouse:
Per each 4,000 square feet of gross floor area or fraction thereof, so long as the office area is less than 1/3 of the total square footage. If the office area is more than 1/3 of the total square footage, the entire calculation shall be made under the category identified as "office building"
38.
The Township reserves the right to utilize a different measure of calculation where it determines the rate shall be established by water usage. Water usage rates shall be set as follows:
Water use shall be measured at the rate of 300 gpd equals one unit
39.
If a property is vacant at the time a certificate of occupancy is issued to it, it will only be assessed one unit. If a property is initially occupied and subsequently becomes vacant for a period of 12 months or more, upon written request of the property owner to the Township, the property can be reduced to one unit
1
40.
Service station with car wash facilities without recycling
4
41.
Car wash with recycling facilities, per self-service bay
1 1/2
Non-self-service automated facilities shall be calculated on documented water usage divided by 300 gpd for domestic consumer units
42.
Car wash without recycling facilities, per self-service bay
2
Non-self-service automated facilities shall be calculated on documented water usage divided by 300 gpd for a domestic consumer unit
43.
Day-care/Head Start Program centers, including churches providing such programs, per each 30 pupils and faculty
1
44.
Fitness centers, per each 3,000 square feet of gross floor area or segment thereof
[Added 6-10-2002 by Ord. No. 2002-9]
1
NOTES:
(A)
The "Schedule of Rates" set forth in § 333-11 is hereby amended with respect to "single-family homes with place of business." A single-family home with place of business shall continue to be charged at the rate of 1 1/2 domestic consumer units. In the event the "business" located in the single-family home is classified and qualified by the Zoning Officer of the Township as a "home occupation" or "home office," pursuant to Chapter 340, Zoning, the home shall be charged at the rate of only one domestic consumer unit.
[Added 11-8-1999 by Ord. No. 1999-19]
(B)
Any property owner charged at the rate of 1 1/2 units whose home business is qualified as a "home occupation" or "home office" by the Zoning Officer of the Township shall receive a credit for the excess charge of 1/2 unit, retroactively to July 1, 1999. The credit shall be applied toward the property owner's future sewer charges and payments.
[Added 11-8-1999 by Ord. No. 1999-19]
B. 
In the event that a business or structure is not described in the schedule hereinabove or the type of business or structure is determined to have a higher water usage than generally described in the above rate schedule, the Township shall then determine the minimum equivalent domestic consumer units to be assigned for billing purposes.
C. 
Multiple use of an individual structure or group of structures shall be classified by the Township to include all uses therein.
D. 
In the event that a business or structure is described in the schedule by general classification, but the particular nature of said business or structure would result in an inequitable connection charge or unit rate charge if the schedule were used, the Township, in its discretion, may determine that a higher or lower connection charge, or unit rate charge, as the case may be, shall be imposed.
E. 
If, after one year, the applicant-owner has not shown proof of connection, the connection permit will be deemed invalid and the connection fees will be retained by the Township.
F. 
All categories determined by seating capacity or square footage where fractions are involved shall be calculated as follows: Fractions of seating capacity or square footage which are 50% or less than the unit measurement shall be calculated at 1/2 unit. Where the fraction of the seating capacity or square footage is more than 50% of the unit measurement, one additional unit shall be calculated. In no event, however, shall a domestic consumer unit assessed be less than one unit. (Example: a warehouse of 6,000 square feet would be calculated as one unit for 5,000 square feet in accordance with the rate schedule, and the additional fraction of 1,000 square feet would equate to less than 1/2 of the 5,000 square feet and will be calculated at 1/2 unit.)
[Added 11-28-1994 by Ord. No. 1994-27]
[Amended 3-21-1988 by Ord. No. 6-1988]
A. 
The sewer service charge per quarter shall be as follows: $95 per unit per quarter.
B. 
Bills shall be payable as they are rendered on a quarterly basis, in advance.
C. 
All charges for services not specifying a due date shall be due and payable when presented, subject to a ten-day grace period.
[Amended 4-24-1989 by Ord. No. 4-1989]
D. 
A penalty of 1 1/2% per month thereof will be attached to all bills for charges not paid by the date on which said bill is due and payable. All bills shall be payable to the sewer and water utility at the office of the Sewer Department.
[Amended 4-24-1989 by Ord. No. 4-1989; 11-27-1900 by Ord. No. 2000-23]
E. 
Rates for uses other than residential uses shall be set by resolution of the Mayor and Township Council. In special cases not contemplated in the schedule of rates or not clearly defined therein, the Township of Berlin is hereby authorized to establish, by resolution, special rates as the Mayor and Township Council may deem necessary to keep and maintain the sewer and water utility on a self-liquidating basis.
F. 
The annual sewer service charge of the Township of Berlin for fiscal year 1995 and succeeding years until further notice shall be $325 per domestic consumer unit.
[Amended 3-21-1988 by Ord. No. 7-1988; 7-9-1990 by Ord. No. 1990-10; 1-6-1992 by Ord. No. 1991-28; 5-24-1993 by Ord. No. 1993-12; 11-8-1993 by Ord. No. 93-28; 1-23-1995 by Ord. No. 951]
G. 
Certain of the residents of the Township of Berlin shall be eligible to receive a discount of $30 on the annual sewer service charge, which residents are:
[Added 11-11-1996 by Ord. No. 1996-31]
(1) 
Of age 65 or more years who qualify for the New Jersey resident senior citizen tax deduction as per N.J.S.A. 54:4-8.40 et seq.
[Amended 3-21-1988 by Ord. No. 6-1988; 10-28-1991 by Ord. No. 1991-23]
The owner of every existing house, building or structure and the owner of every house, building or structure hereafter to be constructed or acquired, which may be occupied or used by human beings, located on a street along the line of a sewer now or hereafter constructed or acquired in the Township of Berlin where the property line of the lot contains such house, building or structure within 150 feet of said sewer line, shall, within 90 days after the date on which the service of such sewer is made available to such house, building or structure, install a toilet in such house, building or structure, unless a toilet is now installed therein or shall have been installed therein prior to such date, and connect said toilet and any other sewerage facilities emanating from said house, building or structure to the sewer system under and pursuant to Township rules and regulations, which rules and regulations shall be filed in the office of the Township Clerk.
[Amended 3-21-1988 by Ord. No. 6-1988; 10-28-1991 by Ord. No. 1991-23]
If any such house, building or structure referred to hereof shall be used for industrial or commercial purposes, the owner thereof shall, within 90 days after the date on which the services of said sewer are made available to said house, or structure, or prior to occupancy or use of said house, building or structure, whichever date shall be later, install such facilities as are necessary to accept and dispose of industrial wastes emanating therefrom and connect such facilities with said sewer system under and pursuant to rules and regulations, which rules and regulations shall be filed in the office of the Township Clerk.
[Amended 3-21-1988 by Ord. No. 6-1988; 10-28-1991 by Ord. No. 1991-23]
If the owner of any house, building or structure referred to in §§ 333-13 and 333-14 hereof shall fail to make any installation or connection required by this article within the time herein required, the Township may proceed to make such installation or connection, or cause the same to be made, and assess the cost thereof, as a lien against such house, building or structure, pursuant to and in accordance with, the provisions of N.J.S.A. 40:63-52 through 40:63-64.[1]
[1]
Editor's Note: N.J.S.A. 40:63-52 through 40:63-64 were repealed by L. 1991, c. 53, § 1.
[Added by Ord. No. 1996-3; amended 10-14-1996 by Ord. No. 1996-29]
A. 
The sewer connection fee for the Township of Berlin is hereby established in the amount of $3,500 per unit, effective November 1, 2018.
[Amended 1-25-1999 by Ord. No. 1998-28; 5-28-2002 by Ord. No. 2002-8; 3-27-2006 by Ord. No. 2006-5; 9-24-2007 by Ord. No. 2007-20; 12-15-2008 by Ord. No. 2008-15; 2-22-2010 by Ord. No. 2010-1; 4-11-2011 by Ord. No. 2011-5; 10-28-2013 by Ord. No. 2013-14; 10-26-2015 by Ord. No. 2015-8; 9-24-2018 by Ord. No. 2018-7]
B. 
The sewer connection fee as set forth in this section shall apply to all new construction and service units for which connection permits have not been issued as of July 1, 1999, including but not limited to construction and service units previously identified as to be connected but for which permits have not yet been issued as of the aforesaid date.
[Added 3-8-1999 by Ord. No. 1999-4]
[Added 5-28-1996 by Ord. No. 1996-15]
A. 
Delinquent accounts. In the event that any sewer charge is not paid within 10 days from the date that said charge becomes due, then the charge will be considered delinquent. Upon an account becoming delinquent, the Township shall provide a ten-day notice to the delinquent customer to bring the account current. A failure to bring the account current during the ten-day delinquent notice time period will be cause for water service to the customer to be discontinued. The water turnoff will be performed by the Borough of Berlin, which provides water supply service to the Township. Prior to water turnoff through this procedure, the Township will provide written notice to the delinquent customer of the date the water service is to be discontinued.
[Amended 8-8-2005 by Ord. No. 2005-11]
B. 
Regulations concerning discontinuance of water service.
(1) 
No plumber or owner or occupant of a premises shall turn on water to any premises in cases where the water has been turned off and discontinued for nonpayment of water fees and charges, or for any other cause, without the written permission of the Water Department for the Borough of Berlin.
(2) 
Whenever water service has been discontinued through this procedure, water service shall not be restored unless and until all past due fees and charges due to the Township are paid in full, together with a water turn-on fee as set forth in Chapter 156, Fees, payable to Berlin Borough.
[Amended 4-29-2019 by Ord. No. 2019-3]
C. 
Violations and penalties. Any person, firm or corporation that shall be convicted of a violation of this section of this article shall, upon conviction thereof by any court authorized by law to hear it and determine the matter, be subject to a fine not exceeding $100 for a first offense, $500 for a second offense and $1,000 for a third offense or, upon such third offense, imprisonment for a term not exceeding 90 days, or both, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
[Added 10-22-2012 by Ord. No. 2012-10[1]]
The property owner shall be responsible for the maintenance and repair of the lateral water and sewer lines between the curbline, or, in the event there is no curbline, from the property line to the premises, and shall keep the same in good repair and protected at all times from damage of any kind and shall be held liable for loss for failure to do so. Any and all leaks in the lateral lines shall be promptly reported to the Township Utility Department. The property owner shall not be responsible for the maintenance and repair of the lateral water and sewer lines between the water and sewer main to the curbline or the property line, as the case may be.
[1]
Editor's Note: This ordinance also repealed former § 333-18, Responsibility of property owner; maintenance and repair, added 9-10-2012 by Ord. No. 2012-9.