[Adopted 8-19-1997 by Ord. No. 32-97 (Ch. 196, Part 5, of
the 1990 Code)]
[Amended 2-22-2000 by Ord. No. 3-2000]
As used in this Part 5, the following terms shall have the meanings
indicated:
The annual sewer allocation charge is the fee charged by
the Township to reimburse the Township for the costs incurred by the
Township to operate and maintain the Budd Lake Sanitary Sewer System
as well as a portion of the charge imposed upon the Township by the
Musconetcong Sewerage Authority (MSA), both capital and operating.
The annual sewer allocation charge is to be distinguished from the
sewer assessments which have been or will be levied in connection
with the Budd Lake Sanitary Sewer Project for the purpose of paying
the capital costs related thereto.
The Budd Lake Sanitary Sewer System is the area disclosed
on a map entitled "Budd Lake Sanitary Sewer System General Plan, November
1993, prepared by Lee T. Purcell Associates" on file with the Township
and is the system which the Township installed during the years 1995
through 1997 and which ultimately has sewerage generated through it
treated at the Musconetcong Sewerage Authority facility.
The Cloverhill Sanitary Sewer System is comprised of those
residences which are connected to and have their effluent treated
by the Cloverhill Sanitary Sewer System facility.
EDU is an abbreviation for equivalent dwelling unit, a term
used to place all users on a similar basis and further relates to
the fact that, for computation purposes, each EDU is estimated to
generate 217 gallons per day of effluent.
Occupied properties are those properties which currently
have structures located upon them and, as a result, are capable of
immediately connecting to the Budd Lake Sanitary Sewer System and,
as a result, should pay all carrying and maintenance costs associated
with the system.
Vacant property are those properties which are located within
the Budd Lake Sanitary Sewer System service area but do not currently
have structures on them to be connected to the system but are properties
which can, subject to zoning regulations and the desire of the owners,
be connected in the future. These properties are to pay that portion
of the sewer allocation charge which relates to the Musconetcong Sewerage
Authority's charges and fixed charges, including debt service, but
not that portion of the charge related to the costs incurred by the
Township for operation and maintenance of its collection system.
[Amended 2-22-2000 by Ord. No. 3-2000; 7-9-2002 by Ord. No. 29-2002; 9-30-2003 by Ord. No. 37-2003; 7-10-2007 by Ord. No. 29-2007; 3-11-2008 by Ord. No. 8-2008; 3-11-2008 by Ord. No. 9-2008; 5-6-2008 by Ord. No.
25-2008; 9-2-2008 by Ord. No. 47-2008; 11-24-2008 by Ord. No.
51-2008]
A.Â
Budd Lake Sanitary Sewer System. The sewer allocation charge (sewer
service charge) commencing with service rendered after January 1,
2010, for all residential structures and for nonresidential users
that do not have metered service within the Budd Lake Sanitary Sewer
service area shall be as follows:
|
Occupied Property
|
Vacant Property
| |
|---|---|---|
|
$180.50 per quarter per EDU or $722 annually
|
$138.50 per quarter per EDU or $554 annually
|
B.Â
The method of calculation for sewer service charges for all properties
in the Budd Lake Sanitary Sewer System shall be as follows:
(1)Â
An EDU is defined as 217 gallons per day of wastewater use.
(2)Â
Each residential unit in the Budd Lake Sanitary Sewer System is determined
to be one EDU. A three-family dwelling shall be assigned three EDUs.
(3)Â
The calculation for commercial, industrial and other nonresidential
customers shall be made by using the projected flow criteria set forth
in N.J.A.C. 7:14A-23.3.
(4)Â
A measurement unit is the unit established by N.J.A.C. 7:14A-23.3
for a particular type of use, which is determined to use a particular
gallonage per day pursuant to N.J.A.C. 7:14A-23.3.
(5)Â
To calculate sewer service charges for a particular commercial, industrial
or other nonresidential customer, the number of gallons assigned to
the type of establishment shall be established per measurement unit
and that number shall then be divided by 217. The resulting amount
shall then be multiplied by the number of measurement units present
for the commercial, industrial or other nonresidential customer.
(6)Â
An example of the calculation, assuming that the use is a sixty-room
(measurement unit) motel (type of use), is as follows:
(a)Â
Number of gallons per day per room pursuant to N.J.A.C. 7:14A-23.3
is 60 gpd.
(b)Â
60 gpd x 60 rooms = 3,600 total gallons per day.
(c)Â
3,600 (total gallons per day) ÷ 217 gpd (gallons per day for a single-family dwelling pursuant to Township Code § 318-76) = 16.58 EDUs (rounded to 16.6 EDUs) x the quarterly rate of $155 = a quarterly charge of $2,573.
[1]Â
For purposes of this example, a "motel" is defined as a place
of lodging without a restaurant or a swimming pool. If a place of
lodging included a restaurant and swimming pool, it would be classified
as a hotel and the gpd per room would be 75 gpd per N.J.A.C. 7:14A-23.3.
(7)Â
In the event that N.J.A.C. 7:14A-23.3 is amended or replaced by other
regulations pertaining to proposed flow criteria to conveyance and
treatment facilities, the amended or replacement regulations shall
apply.
C.Â
Clover Hill Sewer System (all connections whereby the sewerage is
treated at the Clover Hill Treatment Plant). The sewer allocation
charge commencing with service rendered after January 1, 2010, for
occupied single-family dwellings within the Clover Hill Sanitary Sewer
System shall be as follows:
(1)Â
Single-family residential property: $120 per quarter per EDU or $480
annually.
(2)Â
Garden apartment units: $120 per quarter per unit or $480 annually.
(3)Â
Commercial/industrial:
|
Domestic Water Meter Size
(inches)
|
Quarterly Minimum Fees
| |
|---|---|---|
|
3/4
|
$150.95
| |
|
1
|
$274.99
| |
|
1Â 1/2
|
$603.80
| |
|
2
|
$1,078.20
| |
|
3
|
$2,415.17
| |
|
4
|
$4,306.64
| |
|
5
|
$6,743.37
| |
|
6
|
$9,665.30
|
D.Â
Charges for nonresidential customers based on actual water usage.
[Added 3-3-2009 by Ord. No. 4-2009]
(1)Â
The provisions of this Subsection D shall apply to nonresidential customers within the Budd Lake Sanitary Sewer System only.
(2)Â
In order for a nonresidential customer to be entitled to have its
sewer service charges based upon actual water usage, plus 10% for
I & I, the customer must, at its expense, install and purchase
a Sensus ECR/TR one-hundred-gallon meter to be installed at a location
and in a manner as approved by the Director of the Department of Public
Works. The customer must also obtain the appropriate plumbing permit(s)
from the Construction Code Official or the Plumbing Sub-Code Official
(different locations may require different meters and changes from
time to time may be required at the discretion of the Department of
Public Works). If the customer is other than the owner, the owner
must consent in writing to the installation of the meter and agree
to be responsible for all water charges incurred by the customer.
Water meters that are damaged by other than Township employees or
fail to work properly must be replaced by the owner at the owner's
expense.
(3)Â
It shall also be the responsibility of the customer to have the meter
properly calibrated per AWWA standards.
(4)Â
Every water meter must be capable of being read by the Sensus ECR
Touch Pad Readers, which is the meter-reading technology used by the
Township.
(5)Â
For those nonresidential customers that do not install meters as
specified, they will continue to be billed in accordance with the
EDU system currently in effect.
(7)Â
The Township reserves the right, for cash flow purposes, to issue
estimated bills to metered customers. Future bills will be adjusted
for over or under billing in the estimated bills previously issued.
(8)Â
The rate per 1,000 gallons of water usage based upon current rates
is established at $10.14 per 1,000 gallons or $0.01014 per gallon.
The rate of $10.14 per 1,000 gallons contains within it an adjustment
of 10% for I & I, with a minimum quarterly usage charge of $209.
This rate may be changed from time to time by ordinance to reflect
costs within the system and to maintain the system's required self-liquidating
financial status.
(9)Â
A typical bill, wherein a meter has been installed, will be computed
as follows: If a nonresidential customer has a quarterly water meter
reading of 30,000 gallons, the bill would be calculated as follows:
(10)Â
Regardless of the dollar amount calculated based upon water
usage, any customer whose calculated quarterly usage fee is less than
$170.50 shall be issued a minimum quarterly bill equal to one EDU,
plus 10% for I & I which, at the moment, would be $170.50.
(11)Â
All persons are forbidden from tampering with or manipulating
the meters. If it is determined that a meter has been tampered with,
the Township may disregard readings taken from the meter and charge
sewer service fees based upon the EDU system. The customer will also
be responsible for the cost incurred for such an inspection and the
recalibration or replacement of the meter which has been tampered
with.
(12)Â
Any owner or customer whose meter shall be determined to have
been tampered with will be presumed to have done so to lessen the
sewer charges and will be subject to a fine in Municipal Court not
to exceed $1,000 for each day the meter was rendered inaccurate as
a result of tampering.
(13)Â
All issues relative to meters, the installation of same, calibration
of same and related issues shall fall within the jurisdiction and
control of the Director of the Department of Public Works.
(14)Â
This subsection shall take effect as of April 1, 2009, the first
day of the second quarter of the year for billing purposes, but upon
its adoption any nonresidential customer may make application to the
Director of the Department of Public Works as to types of meters and
installation of same.
(15)Â
Any nonresidential user who wishes to switch from the EDU system
to a water meter must give notice to the Township and install the
required meter 15 days before the beginning of any quarter i.e., January
1, April 1, July 1 or October 1. A plumbing permit is required.
A.Â
The effective date for homeowners of new buildings for the beginning
of the annual sewer allocation charge shall be the date of the issuance
of a certificate of occupancy; and for existing buildings, the service
charge shall begin no later than six months following notice to connect
to the last group of users who can connect to the system is given
or July 1, 1997, whichever date is earlier in time.
B.Â
There are landowners who have contracted with the Township to receive
a sewer allocation for future development of their lands. These landowners
shall pay the vacant property charge set forth above, commencing July
1, 1997, as a carrying charge for the allocation. Failure to pay the
aforesaid allocation charge in addition to the other interest and
penalty charges will result in the Township terminating the allocation
and assigning same to another landowner upon 30 days written notice.
C.Â
The payment of the annual occupied sewer allocation charge is required
even though the building may be vacant.
D.Â
Where sewer service charges are at a flat rate fee, an annual bill containing four payment stubs will be mailed at the beginning of the year. The annual sewer service charge hereby imposed shall be payable in four equal quarterly installments. Failure to pay the bill within 30 days of billing date shall result in the billing being considered delinquent, and interest shall be charged as set forth in Subsection E below.
[Amended 3-14-2006 by Ord. No. 4-2006]
E.Â
Delinquent quarterly sewer allocation charges shall bear interest
at the rate of 1Â 1/2% per month until fully paid.
F.Â
Unpaid sewer allocation charges and other costs, expenses, penalties
and interest thereon shall become a lien upon the house, building,
lot or premises to which they relate. When any bill for sewer allocation
charges remains in arrears for two months or more from the due date
thereof, the municipal employee charged with the duty of collection
shall file a statement of the unpaid balance and all interest accruing
thereon with the Tax Collector of the municipality. From the time
of said filing, the sewer allocation charges shall constitute a lien
upon the real estate served and in connection with which the charges
were incurred. Such lien shall be superior to all other interests,
except the lien for municipal taxes, and shall be on a parity with
any liens of water service. Such lien shall be removed when the sewer
allocation charges and the interest accruing therein shall have been
fully paid to the municipality.
[Added 10-12-1999 by Ord. No. 33-99]
A.Â
For purposes of this section, the term "EDU" stands for equivalent
dwelling unit, which is the standard measure utilized by the Township
in assigning the gallonage and an EDU equates to 217 gallons per day.
B.Â
There is hereby established the following connection fees as of October
1 for each succeeding year for those wishing to connect to the Budd
Lake Sanitary Sewer System subsequent to the adoption of this section
per EDU, which equates to an allocation of 217 gallons, i.e., the
basis allocation for a single-family residential unit, as follows:
|
Effective Date
|
Vacant Conforming
|
Vacant Nonconforming
| |
|---|---|---|---|
|
10/01/99
|
$10,027.00
|
$12,154.00
| |
|
10/01/00
|
$10,332.82
|
$12,524.70
| |
|
10/01/01
|
$10,647.97
|
$12,906.70
| |
|
10/01/02
|
$10,972.74
|
$13,300.35
| |
|
10/01/03
|
$11,307.41
|
$13,706.02
| |
|
10/01/04
|
$11,652.28
|
$14,124.05
| |
|
10/01/05
|
$12,007.68
|
$14,554.83
| |
|
10/01/06
|
$12,373.91
|
$14,998.75
| |
|
10/01/07
|
$12,751.32
|
$15,456.22
| |
|
10/01/08
|
$13,140.23
|
$15,927.63
| |
|
10/01/09
|
$13,541.01
|
$16,413.42
| |
|
10/01/10
|
$13,954.01
|
$16,914.03
| |
|
10/01/11
|
$14,379.61
|
$17,429.91
| |
|
10/01/12
|
$14,818.18
|
$17,961.52
| |
|
10/01/13
|
$15,270.14
|
$18,509.35
|
C.Â
Those property owners who receive an assignment of an EDU or EDUs
pursuant to this section shall pay the connection fee in full at the
time of the assignment of the EDU or EDUs. If not paid at the time
of assignment for any reason, the property owner shall be charged
interest at the rate of 1Â 1/2% per month or 18% per annum from
the date of assignment to the date of full payment.
[Amended 1-22-2008 by Ord. No. 1-2008]
D.Â
Until such time as all EDUs are sold, the administration shall provide
to the Council an annual report of the status of the EDUs sold. Said
report shall be completed on or before February 1 of each year and
shall include the status as of the end of the prior calendar year.
The report shall include the following details for each and every
sale of EDUs: date of sale; number of EDUs sold; amount paid for EDUs;
lot and block number involved; property owner; date connected to system;
and date usage charges have begun. Additional interim reports at other
times of the year (e.g., quarterly, midyear, etc.) shall be provided
if requested by council.
E.Â
Once EDUs have been purchased, the property owner shall begin to
pay usage fees beginning one year from the purchase date or upon actual
connection to the Budd Lake Sewer System, whichever comes first.
F.Â
EDUs are available to any property owner within the New Jersey Department of Environmental Protection (NJDEP) designated service area of the Budd Lake Sewer Project. EDUs are available on a first-come-first-served basis only. EDUs will not be assigned to, reserved or set aside for any property owner except by full payment of the connection fees required in accordance with Subsections B and C.
G.Â
The Township recognizes that the purchase of EDUs diminishes if in
fact it is one single user using a significant number of EDUs. Accordingly,
for those purchases of EDUs that exceed 50 units for any one particular
property, the cost to purchase EDUs in excess of 50 units shall be
as follows:
[Added 1-28-2014 by Ord. No. 2-2014]
(1)Â
One to 50 EDUs: prevailing and conforming and nonconforming rates as set forth in Subsection B.
[Added 11-23-1999 by Ord. No. 36-99]
A.Â
It is hereby determined that, as October 1, 1999, the Township has 342 unassigned EDUs, which may and shall be assigned in the future to various property owners as they apply upon payment of the appropriate fee as set forth in Ordinance No. 33-1999. (see § 318-79).
B.Â
The administration is requested and directed to maintain a specific
log or schedule as to the unassigned EDUs and as to each assignment
of an EDU in the future. The administration shall quarterly, commencing
February 1, 2000, and subsequently thereafter on May 1, August 1 and
November 1 of each year, report to the Township Council as to the
status of the unassigned EDUs by simply submitting the log or record
to the Township Clerk.
[Added 3-23-1999 by Ord. No. 9-99]
A.Â
In connection with any property that was vacant at the time that
the Township installed the Budd Lake Sanitary Sewer System, any owner
who seeks to build on those lots, which require, because of their
elevation to the street, a grinder pump, the owner shall be fully
responsible, or the landowner's builder, as determined between the
landowner and the builder, for the installation and the cost of installation
of the grinder pump. If the landowner utilizes the grinder pump, which
was previously used by the Township and referred to as "Enviro I"
pump, the Township will assume the responsibility for that pump. In
the event that the landowner installs a grinder pump other than Enviro
I as required, the Township will assume no responsibility for the
maintenance of said pump.
B.Â
Any costs associated with the installation of additional infrastructure,
primarily sanitary sewer lines, within the confines of the Budd Lake
Sanitary Sewer Project and including any required engineering permits
or fees, shall be the responsibility of the landowner and/or the builder,
and this applies not only to any sanitary sewer connection, but to
grinder pumps and/or to homes which are to be serviced by gravity
flow.
C.Â
In addition to the cost that the landowner and/or builder may be responsible for as provided for in Subsections A and B set forth above, the property shall be subject to a special assessment as levied by the Township and/or a connection fee, whichever is appropriate and/or applicable, in addition to costs set forth in Subsections A and B above, as well as all annual sewer user fees which are required to be paid in accordance with applicable ordinances of the Township.
