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Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
The construction or maintenance of any privy, cesspool, septic or other individual sewage disposal system within areas of the Township adequately serviced by the Township sanitary sewer system is declared to be a nuisance.
A. 
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Township and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a sanitary sewer, is hereby required, at the owner's expense, to connect the drainage of all sources of sewage to the sanitary sewer in accordance with the provisions of this chapter within 30 days after date of official notice to do so, provided that said sanitary sewer is within a reasonable distance.
B. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Township from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A. 
Notice to connect required. The Director of the Department of Water Pollution Control shall give at least 30 days' notice to the owner of property affected before proceeding to award a contract for the making of the connection or causing it to be made by the Township.
B. 
Contents of notice. A notice given under this section shall contain a description of the property affected, sufficient to identify it, and a statement that, if the connection is not made within 30 days after the service of the notice, the Township shall make it or cause it to be made at the owner's expense.
C. 
Service of notice. Notices under this section shall be served as follows:
(1) 
Upon owners residing in the Township, notice may be served personally or by leaving it at their usual place of residence with some member of their family above the age of 14 years.
(2) 
Upon owners not resident in the Township, notice may be served personally or by mailing it to the owner's last known post office address or to an agent in charge of the property.
(3) 
Where service cannot be made under Subsection C(1) and (2), the notice may be served by publishing it once in a newspaper circulating in the Township. One published notice may relate to several different properties.
(4) 
Owners who are infants or of unsound mind or the beneficiaries of trusts shall be given notice by service upon their guardians or trustees.
(5) 
Where there is more than one owner of the same piece of property, service upon one owner shall be notice to all.
D. 
Proof of service. Proof of service shall be filed with the officer having charge of the record of tax liens in the Township.
E. 
Defective notice. Failure to file proof of service, misstatement of the same to the property owner, or similar errors or omissions in the giving of notice shall not invalidate any charge for a sanitary sewer connection where an actual benefit to the property results.
F. 
Notwithstanding the aforementioned, any issues related to matters of public health shall be the sole determination of the Township Health Officer.
A. 
If any property owner fails to make the required connection with the sanitary sewer system within 30 days after being served with notice to do so, the Director of the Department of Water Pollution Control may cause the connection to be made or may award one or more contracts to make it.
B. 
Contracts for the making of sanitary sewer connections shall be awarded in the same manner and after the same advertising as any other municipal contract. In lieu of awarding separate contracts for the making of each connection, the Township may award one contract for the making of all connections which the Wastewater Utility may desire to have made.
A. 
When any sanitary sewer connection is made by the Township or under a contract awarded by the Township, an accurate record of all expenses shall be kept. Where several properties are involved, the expense shall be portioned among them. Upon completion of the work, a statement as to the expenses incurred shall be filed by the Director of the Department of Water Pollution Control with the Director of Finance, who shall cause the costs as shown to be charged against the property involved. The sanitary sewer connection charge shall be recorded in the same manner in which assessments are recorded.
B. 
Every sanitary sewer connection charge shall, from the time of its confirmation, be a first lien upon the property affected and shall bear interest and be collected in the same manner as assessments for local improvements.
A. 
Each applicant for a permit for each connection from a single-family residential dwelling to the sewer system shall pay a fee as set forth in Chapter 215, Fees, of the Township Code for a permit to make the connection. The fee shall be payable at the time of the issuance of a permit.
B. 
Each applicant for each connection from a nonresidential source to the sewer system shall pay the Township a fee as set forth in Chapter 215, Fees, of the Township Code. For purposes of computing the fee, a unit shall be measured to the following schedule:
[Amended 12-1-2020 by Ord. No. 20-053; 9-21-2021 by Ord. No. 21-049]
One Unit for Every 300 Gallons per Day
Type of Establishment
Units
Gallons per Day per Unit
Residential dwellings (including single-family homes, duplex units, townhouses, condominiums, and apartments)
1 bedroom
Per dwelling
150
2 bedroom
Per dwelling
225
3 bedroom or larger
Per dwelling
300
1 bedroom - age restricted
Per dwelling
110
2 bedroom - age restricted
Per dwelling
170
3 bedroom or larger - age restricted
Per dwelling
225
Transit dwelling units
Hotels (additional uses calculated separately)
Bedroom
75
Lodging houses and tourist homes, motels and tourist cabins
Bedroom
75
Boardinghouses (maximum permitted capacity)
Boarder
50
Camps
Campground mobile recreational vehicle tent
Site
100
Parked mobile trailer site
Site
200
Children's camps
Bedroom
50
Labor camps
Bedroom
40
Day camps - no meals
Person
15
Restaurants (including washrooms and turnover)
Restaurant
Seat or lawful occupancy, whichever is greater
35
Bar/cocktail lounge (limited food service)
Seat or lawful occupancy, whichever is greater
20
Fast-food restaurant
Seat or lawful occupancy, whichever is greater
15
24-hour service restaurant
Seat or lawful occupancy, whichever is greater
50
Curb service drive-in restaurant - take out
Car space
50
Dinner theater
Seat or lawful occupancy, whichever is greater
20
Catering/banquet hall
Seat or lawful occupancy, whichever is greater
20
Meat or fish department
Per 100 square feet of floor space
75
Specialty food stand or kiosk
Per 100 square feet of floor space
50
Delicatessen
Per 100 square feet of floor space
40
Mini-mart with deli
Per 100 square feet of floor space
40
Mini-mart without deli
Per 100 square feet of floor space
30
Bakery
Per 100 square feet of floor space
10
Clubs, assemblies and organizations
Residential clubhouse
Member or lawful occupancy, whichever is greater
75
Nonresidential
Member or lawful occupancy, whichever is greater
35
Churches (worship area only - additional uses will be calculated separately)
Member or lawful occupancy, whichever is greater
3
Community center
Lawful occupancy
3
Funeral homes
Lawful occupancy
3
Movie theater
Lawful occupancy
3
Sports stadium
Lawful occupancy
3
Tennis racquet ball
Per court per hour
50
Athletic facility without shower
Per person or lawful occupancy, whichever is greater
10
Athletic facility with shower
Per person or lawful occupancy, whichever is greater
25
Multi member swimming pool (pool area)
Per person or lawful occupancy, whichever is greater
200
Bowling alleys
Alley
200
Recreation facilities, including but not limited to fitness, karate, exercise or dance center, yoga, skating rink including and general recreational facilities
Per 100 square feet of floor space
50
Batting cages and driving range
Per lawful occupancy
250
Medical institutions (including staff)
Hospitals
Bed
175
Rehabilitation/physical therapy
Exam room, lab, and treatment room
225
Medical/patient service area
Exam room, lab, and treatment room
225
Assisted living facility - additional uses calculated separately
Bed
100
Nursing homes - additional uses calculated separately
Bed
175
Other institutions
Bed
125
Dental offices
Patient service area
225
Veterinary office
Patient service area
225
Veterinary hospital, kennels, animal boarding facilities
Per pen, cage, kennel or stall
50
Schools (including staff)
School - no showers or cafeteria
Student or lawful occupancy, whichever is greater
10
School - no showers and with cafeteria
Student or lawful occupancy, whichever is greater
15
School - with showers and with cafeteria
Student or lawful occupancy, whichever is greater
20
School - with showers, cafeteria and laboratories
Student or lawful occupancy, whichever is greater
25
Boarding school
Student or lawful occupancy, whichever is greater
75
Day-care center
Per person based upon lawful occupancy
15
Automobile service stations
Service station
Per filling position
125
Repair shop with service bays and no fuel service
Per bay
50
Dealerships
Per employee
25
Car wash
System specification
Mini-market with fueling service
Per square foot
0.1
Commercial and office buildings
Stores and shopping centers
Per square foot
0.1
Offices
Per square foot
0.1
Factories/warehouses (add process wastewater)
Per employee
25
Factories/warehouses with showers (add process wastewater)
Per employee
40
Manufacturing
Per employee
25
Barber shops
Per chair
50
Beauty shops
Per booth or bowl
675
Individual salon suites in a group setting
Per booth or bowl
225
Nail salons
Per pedicure station
40
Animal grooming
Per tub
125
Commercial laundry
Per machine
580
C. 
Sewer connection fees shall be valid for a period of five years from the date of issuance.
D. 
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any sanitary sewer or appurtenances thereof without first obtaining a written permit from the Department of Water Pollution Control of the Township of Hamilton and after payment of the required connection fee. It is required that permits shall be kept on hand during the progress of the work to which they relate and shall be exhibited whenever required by the Plumbing Subcode Official or designated representative. Failure to obtain or pay for the permit shall entitle the Township to disconnect any improper line from the sewer system.
E. 
In the event that an application is made for sewer service to a nonresidential building or unit for which the types or sizes of the uses therein have not been determined by the applicant, or are subject to change in the future, a connection fee shall be assessed based upon the maximum potential estimated sewer usage in the building or unit. The Director of the Department of Water Pollution Control, in his discretion, may enter into a deferred connection fee agreement under which an initial connection fee would be imposed only for those uses that are initially contemplated, and which would defer the payment of the balance of the connection fee until such time as a use for which the initial connection was paid is changed to a use that will generate additional sewer usage. Any connection fee paid under a deferred connection fee agreement shall be paid at the connection fee rate then prevailing at the time that payment is made.
F. 
A nonresidential user shall be entitled to use the amount of sewer capacity, in gallons per day, that was obtained though the payment of connection fees, as well as such additional capacity actually used by its building or unit without having undergone a physical or operational change for which a building permit, site plan, subdivision, variance or other municipal approval was required. An application for additional capacity shall be made by any existing nonresidential user whenever there is an increase in the estimated projected sewer usage for any existing building or unit resulting from any physical operational change for which a building permit, site plan, subdivision, variance or other municipal approval is required. A connection fee shall be charged to the user based upon the increase in estimated sewer usage associated with the aforesaid physical or operational change.
[Amended 7-17-2018 by Ord. No. 18-027]
A. 
Individual sewage disposal systems to conform to state standards. The location, construction, use, maintenance of and emptying or cleaning of individual sewage disposal systems shall conform in every respect to the rules and regulations of the N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal Systems. A reserve individual sewage disposal system shall also be shown on plans. Septic tank size shall be a minimum of 1,250 gallons.
B. 
Permit required for individual sewage disposal systems. No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system has been issued by the Division of Health. The fee for said permit shall be as specified in § 215-6.
C. 
Certificate of compliance required for individual sewage disposal systems. New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied, which must rely on such a system for sewage disposal, until the Division of Health shall have issued a certificate indicating that said disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid regulations. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
D. 
Stop-work orders. The Division of Health may order all further work in and about any individual sewage disposal system which is being erected or installed in violation of the Code to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the Code, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system or any part thereof, no further work shall be done thereon except as aforesaid.
Holding tanks may be installed by a commercial or industrial establishment in areas of Hamilton Township which are not serviced by the sanitary sewer system, subject to the following restrictions:
A. 
Tanks shall be of the highest quality obtainable for purposes of sewage disposal, particularly in relation to corrosion and ability to hold sewage intact under varying soil or outdoor conditions. Tank quality must be approved by the Division of Health.
B. 
There shall be a gauge to indicate amount of effluent in the tank and a mechanism for automatically shutting off the water to all facilities connected to the tank should the content of the tank reach a critical level.
C. 
A certificate describing the holding tank system, its maintenance and the terms and conditions of the approval must be recorded as a deed in the office of the County Clerk. All terms and conditions will be binding upon subsequent property owners. Proof of recording shall be furnished before final approval and a certificate of occupancy is issued.
D. 
Prior to the sale of a property with holding tank sewage facilities, the potential buyer must be advised by the seller of the presence of the tank, its maintenance and cost of same, and all other provisions outlined in this article. Evidence must be furnished to the Division of Health of such notification to a potential buyer.
E. 
The owner of the property shall file annually with the Division of Health a copy of the current pumping contract with a licensed collector. A backup collector should also be available to empty the tank if necessary.
F. 
Establishments approved for sewage disposal by holding tanks must use this form of sewage disposal until sanitary sewers are provided.
G. 
Should the holding tank system malfunction, it must be repaired immediately, or there may be a loss of certificate of occupancy.
H. 
Records of quantities and disposal dates shall be kept by the owner, the collector, and the disposal site operator for review of the Health Officer.
I. 
The Division of Health may require other provisions for holding tanks which it deems necessary to protect the public health.
J. 
A bond, the sufficiency of which shall be determined by the Director of Public Works, must be posted to guarantee pumping and/or repairs by the Township which may be necessitated to ensure the health and safety of the public.
[Amended 4-7-2020 by Ord. No. 20-015]
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business, issued by the Division of Construction Inspections. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the Division of Construction Inspections. Said license may be revoked for failure of the licensee to comply with the provisions of any rule or regulation of the Township or DEP. The fee for the issuance or renewal of license said shall be as set forth in Chapter 215, Fees, for each vehicle and conveyance.
[Amended 4-7-2020 by Ord. No. 20-015]
In case any license required by § 385-14, 385-15 or 385-16 is denied by the Division of Construction Inspections, a hearing shall be held thereon before the Director of Community and Economic Development within 15 days after request thereof is made by the applicant, and upon such hearing the Director of Community and Economic Development shall affirm, alter or rescind the determination of the Division of Construction Inspections and take action accordingly within 15 days after the date of such hearing.