[Adopted by Ord. No. 2-09 (Ch. 15, Sec. 15-5, of the 1978 Revised General Ordinances)]
In the event that any person or persons shall desire to connect
any premises to any private sewer now constructed within the boundaries
of the Township, prior to the time the premises can be served by public
municipal sewers, the party or parties proposing to make such connection
must first obtain written permission from the Township Council.
Written permission shall be subject to the following conditions
(whether the same be specified in the written permit or not), to wit:
That the permission or license to make such a private sewer
connection be revocable by the Township Council at any time by the
service of written notice upon the permittee or licensee ordering
such disconnection forthwith.
Where the Township has jurisdiction and has provided for the installation of a sanitary sewer collection and transmission system through any public or private street, roadway, highway or easement (public sewer system), all owners of any developed real property, including, but not limited to, residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement where said main and/or lateral exists 100 feet of said real property line, shall, after receiving notice from the Township as provided for in this article, disconnect from and cease utilization of any existing on-site individual sewage disposal system within the time frame established pursuant to § 437-46 of this article. The owner shall cause any on-site sewage collection and transmission facilities to be connected to the above-referenced public sewer system. The disconnection of the property from the on-site sewage disposal system shall be done in a manner that is in compliance with the ordinances, rules and regulations of Township Health and Construction Code Departments, as well as any and all other federal, state, country or local laws and regulations which may be applicable.
A.
Structures within existing sewered districts. Any new occupancies
within existing sewered districts shall be connected to the sanitary
sewer system and have received a certificate of acceptance before
a certificate of occupancy is issued.
B.
Districts sewered under a local improvement ordinance or under order
of necessity issued by the State Department of Health. The house sewer
shall be satisfactorily connected to the house connection provided
for each existing occupied structure, capable of discharging sewage,
and any existing individual disposal system satisfactorily disconnected
from the house plumbing system within 180 calendar days after receipt
of written notice to the owner to connect to the sanitary sewer system.
Said notice will be given by the Health Officer to each owner of record
as determined by the records of the Tax Assessor of the Township of
Denville. "Occupied structure," as used in this article, shall be
construed to mean any structure for which a certificate of occupancy
has been issued, or any structure which is being or has been actually
occupied or used for human habitation or use and is deemed suitable
for such occupation or use.
C.
Any person who cannot comply with the requirements of this article due to exceptional extenuating circumstances may be granted a deference to such requirements upon the filing of an application with the Township Administrator pursuant to the guidelines and procedures as set forth under § 437-47 of this article.
D.
Any person who fails to comply with any order issued pursuant to
this article, within 90 days after notice by the Health Officer of
the Township to make the required connections, shall be liable for
a fine of $25. An additional fine of $10 shall be imposed for each
day of delay, after the expiration of 90 days, in which the provisions
of the order or notice are not complied with. Such notice may be served
upon the owner personally or by leaving it at his usual place of abode
with a member of his family above the age of 18 years.
A.
Pursuant to § 437-46C, whenever a resident has exceptional extenuating circumstances such as described herein, upon application to the Township Administrator, the time to connect to the sanitary sewer system as set forth in § 437-46B may be initially extended up to an additional 180 calendar days. The Township Administrator shall review such application and an initial deference period of 180 calendar days will be granted to the resident, providing that the applicant can demonstrate any one of the following criteria:
(1)
Loss of employment within the last six months whereby either of the
owners of the property are not gainfully employed;
(2)
A serious disabling illness whereby the applicant demonstrates that
the owner(s) of the property is presently qualified for long-term
or short-term disability; or
(3)
A senior citizen, of at least 65 years of age, who is requesting
additional time in order to coordinate a connection to the sanitary
sewer connection system;
(4)
Call to active duty in any of the branches of the armed forces.
B.
Upon request of the applicant to the Township Administrator, the
Administrator shall meet with the applicant and make a written determination
as to whether or not such a deference is granted.
C.
The applicant shall be made aware, upon such hardship application
to the Township, that there may be an impossibility to connect at
a later time due to lack of gallonage.
D.
The Township Administrator shall notify the Mayor, Township Council,
Township Health Officer, Township Clerk and Township Engineer of such
decision within 30 business days of such request.
E.
In the event that the applicant is dissatisfied with the determination
of the Township Administrator, the applicant shall have the right
to appeal such decision, in writing, to the Township Clerk within
15 business days of receiving such determination. If an appeal is
timely filed with the Township, the appeal will be heard by the Mayor
and Township Council within 90 days and a decision will be rendered
at the conclusion of such hearing. In the event that no appeal is
taken by the applicant within the fifteen-day time period, the determination
of the Township Administrator shall be deemed final.
F.
The exceptional circumstances application and appeal provisions of this article shall not apply in circumstances where the septic system has been determined to be malfunctioning in accordance with New Jersey Department of Environmental Protection regulations as promulgated pursuant to N.J.A.C. 7:9A-3.4. Under those circumstances where the system has been determined to be malfunctioning, the owner shall be required to connect to the public sewer system within the time frame established pursuant to § 437-46 of this article (180 days from date of receipt of written notice), irregardless of the presence of any exceptional circumstances as outlined in § 437-47 of this article. In the event the owner fails to do so, for the health and safety of the Township and its residents, the Township shall connect the property to the public sewer system and shall place a lien on the property for the costs associated with such connection.
