No person shall make any direct or indirect connection to or
use of the system or the storm sewers of the Township of Knowlton
without complying with the requirements of this chapter. No person
outside of the sewer service area designated in the Township's
Wastewater Management Plan shall be permitted to connect to the system.
The Mayor and Committee may, by resolution, promulgate such
rules and regulations as it deems reasonably necessary to secure the
proper enforcement of this chapter and the proper administration and
operation of the system. The rules and regulations governing the operation
of the Knowlton Township Sewer System adopted by the Township, pursuant
to Ordinance No. 95-22, shall remain in force, except to the extent
inconsistent herewith.
A.
All new dwellings and other buildings or structures required or permitted
to install sanitary facilities shall connect to the system. All existing
commercial uses, buildings or structures currently relying on on-site
septic tanks or other private waste disposal systems shall connect
to the system unless the Mayor and Committee determine, after notice
and hearing, that public health, safety and welfare that the said
commercial uses, buildings or structures do not require connection
to the system. In the event that the owner fails to connect within
180 days after being notified in writing by the Township to do so,
the Township may make such on-premises connection and assess the costs
thereof against the owner in accordance with law and in accordance
with the procedures as set forth hereinafter.
B.
Prior to connecting to the system, the owner or system user shall
obtain a permit to do so from the Township Clerk, shall comply with
all regulations applicable to connections and pay all fees in connection
therewith.
C.
All connections to the system must be designed and constructed in
accordance with Township standards, good engineering practices and
applicable law.
D.
Applications for a permit to connect into, directly or indirectly,
the system shall be obtained from and submitted to the Clerk.
E.
The applicant shall state the location of the proposed tap connection point, the address of the property which is to be served by the connection and the estimated number of gallons of wastewater required. The estimated number of gallons shall be calculated in accordance with N.J.A.C. Subchapter 23, Section 7:14A-23.3, Projected flow criteria.
F.
Applications shall be reviewed by the Township's Wastewater
Engineering Consultant at the expense of the applicant.
G.
Upon receipt of the proper permits, including a street opening permit,
the applicant may proceed but must notify the appropriate Township
official so that a Township representative is present to make or supervise
the connection to the system.
A.
All costs and expenses incident to the installation and connection
of the service connection to the system shall be borne by the owner.
The system user may pay these costs on behalf of the owner.
B.
The maintenance of the service connection shall be the responsibility
of the owner but may be performed by the system user.
C.
The owner shall indemnify the Township from any loss or damage that
may, directly or indirectly, be occasioned by the installation and
connection of the service connection to the system or arising from
any improper use thereof by the system user.
A.
If, after the expiration of 180 days from the date of official notification,
the owner of any property affected by the provisions of this chapter
has failed to connect to the system, and/or to make such connection
as required herein, after receiving official notice requiring such
action as hereinbefore provided, the Township may, upon 30 days'
written notice to the owner or owner's agent, cause such installation
or connection to be made under the direction and supervision of the
Wastewater Engineer or his/her designee or award one or more contracts
for the making of such improvements to any persons who are licensed
plumbers in the State of New Jersey, if required, authorized to perform
work on sanitary sewers.
B.
When any such connection shall be made by the Township, a true and
accurate account of the cost and expense shall be kept and apportioned
to the property or properties thereby connected, and a true statement
of such costs shall be forthwith filed by the officer of the municipality
in charge of such connection or installation with the Clerk of the
governing body. The governing body shall examine the same and, if
properly made, shall confirm it and file such statement with the officer
of the municipality charged with the duty of collecting taxes. Said
officer shall record the connection or installation charge in the
same book in which said officer records sidewalk and other assessments.
C.
Each such connection or installation charge shall be a first lien
or charge against the property benefited therefrom. Interest upon
the amount so charged shall accrue as provided by N.J.S.A. 40A:26A-12.
Liens levied in accordance with this section shall be enforceable
in the manner provided for real property tax liens in Chapter 5 of
Title 54 of the Revised New Jersey Statutes.
Except as permitted elsewhere in this chapter, the system shall
be used only for the discharge of domestic wastewater, such as fluid
refuse from sinks, bath and house laundry tubs, showers, baths and
urinals, wastes from toilets and such other waste as the Mayor and
Committee shall from time to time authorize by ordinance to enter
said sewer system.
A.
Any system user shall have the right to appeal to the Mayor and Committee
any decision or action taken pursuant to this chapter, provided that
the system user shall file a written appeal within 45 days of the
decision or action.
B.
All appeals shall be commenced by filing a written notice of appeal
filed with the Clerk within the time specified herein. A hearing shall
be held by the Mayor and Committee within 45 days of the filing of
the appeal. A final decision shall be made within 45 days of the conclusion
of the hearing or adjourned hearing. No appeal will be considered
unless at least 75% of any charges appealed from have been paid by
the system user. In the event that the party appealing is not the
owner, the consent of the owner shall be affixed to the written notice
of appeal.
C.
The party appealing shall bear the burden of proof.
D.
Any engineering, legal, auditing or services provided by Township
professionals or outside vendors incurred by the Township to evaluate
such appeal shall be the responsibility of the party appealing and
the Township may request, as a condition of hearing the appeal, that
the party appealing deposit in escrow a reasonable amount necessary
to cover said fees or costs.
E.
Once a system user files an appeal, that system user shall not be
permitted to file another appeal of the same type for the same property
within a one-year period from the filing of the first appeal unless
there is a change of circumstances.
A.
The right is reserved by the Mayor and Committee to stop and prevent
at any time the discharge into the system of any wastewater which
may damage or adversely affect the system or which is not in conformity
with the requirements and standards now or hereafter made by the Mayor
and Committee concerning the receipt and the treatment of wastewater,
and the Mayor and Committee may at any time, without notice and without
recourse, in the event of any emergency affecting public health, safety,
and, in other cases, upon notice and hearing, sever the connection
and cause removal of any sewer or drain into or through which there
is a discharge.
B.
New sewers and connections to the system shall be properly designed
and constructed in conformity with standards now or hereafter established
by the Township.
