At such time as Branchville's local sewerage collection system becomes available to a property presently served by an individual sewage disposal system, a direct connection shall be made to the local sewerage system, in compliance with Article VIII of this chapter. Any septic tanks, cesspools, or similar waste facilities shall be abandoned and dismantled and filled with suitable material, under the direction of and subject to inspection by the Borough's agent.
[Amended 7-5-2017 by Ord.
No. 05-2017; 6-3-2020 by Ord. No. 02-2020]
Unless specifically exempted by the Borough, as set forth in § 95-3.2, each property must be connected to the Branchville local sewerage system within 180 days of the issuance of notice by the Borough to the property owner to connect to the sewerage system, or at such later date as established by the Borough, at which time user charges will begin to accrue. Said connection will be at such point and at the elevation designated thereof in the plans approved by the Borough for the construction of the sewer project, or at such other location for said point and at such elevation as may be requested by the owner and accepted and agreed to by the Borough and be substituted in lieu of such point. Every such connection at such a point or substituted location shall be made by the owner at his/her own cost and expense. If any property is not connected to the Branchville local sewerage connection system within 180 days of the issuance of notice by the Borough to the property owner to connect to the sewerage system, the Borough may issue a subsequent notice directing the property owner to connect to the Branchville local sewerage system within 90 days of the issuance of the notice. The subsequent notice shall be sent by certified mail return, receipt requested, or by a nationally recognized overnight carrier. If the property owner does not connect the property to the Branchville local sewerage connection system prior the end of ninety-day period after the giving of the notice, the property owner shall be subject to the penalties set forth in § 95-81A. The issuance of the ninety-day notice shall not waive any obligations of the property owner for failure to comply with the requirement to connect to the sewerage system within 180 days, including the obligation to pay user charges and the obligation to pay connection fees.
Notwithstanding the foregoing provisions of §§ 95-3 and 95-3.1, exemptions to the required connection to the local sewerage system may be granted when any of the following circumstances exist:
A.
Where a public sanitary sewer system is not available, a septic tank
or other individual sewage disposal system may be allowed subject
to application to and approval by the County Health Department. At
such time as a public sewer system becomes available to a property
served by an individual sewage disposal system, said property shall
be connected to said system in accordance with the requirements of
this chapter, within 180 days of notice by the Borough to the property
owner to so connect.
B.
Where the nearest part of the use to be served is located more than
200 feet from a sanitary sewer main, any existing on-site sewage disposal
system by which said use is then served may continue to be used provided
it is adequate and is not contrary to any rule or regulation of the
County Health Department or State Department of Health. Any failure
of the existing on-site sewage system, subsequent to the granting
of the exemption, must be resolved to the satisfaction of the County
Health Department and approved by the Borough in order for any exemption
to remain in effect.
C.
Where, by reason of unusual characteristics not contemplated in the
sewer system design (e.g., blasting of bedrock, crossing of a watercourse,
railway, major highway, or significant obstacle), the mandated connection,
in the opinion of the Borough, would cause undue hardship to the property
owner or user, an existing on-site sewage disposal system may continue
to be used, provided that any existing on-site sewage disposal system
is adequate and not contrary to any rule or regulation of the County
Health Department or State Department of Health.
D.
Where the property owner demonstrates that the property has a properly constructed, permitted, and operating septic system not more than 10 years old, said septic system may continue in operation. Upon said system being in use for 10 years, or upon a determination by the County Health Department that said system is no longer operating properly, the property owner will be given a notice to connect and must comply within 180 days. If the property owner requests and is granted an exemption under this Subsection, he will still be obligated to pay connection fees, as described in Article X, upon connection to the system.
A.
Before any connections to the local sewerage system may be made, the property owner or his/her duly authorized agent must submit a signed, written application to the Borough Clerk upon a form furnished by the Borough for this purpose (the connection application), and proof of payment of the Borough's connection fees, if any (see § 95-69, Connection Fees). Sewer connection permits will expire 52 weeks after the date of issue. Expired permits will be subject to renewals for a further period of 52 weeks each; however, a new application fee for each renewal must be paid based on the application fees in effect when each renewal application is received. Also, if a connection fee was paid with prior applications, the applicant must also pay, with each renewal application, the difference between the connection fee in effect when the renewal application is submitted and the total connection fee paid with the prior applications.
[Amended 7-5-2017 by Ord.
No. 05-2017; 5-4-2022 by Ord. No. 04-2022]
C.
The connection application shall be supplemented by any plans, specifications
or other information considered to be pertinent by the Borough.
[Amended 7-5-2017 by Ord.
No. 05-2017]
D.
Each connection application shall be reviewed by the Sewer Connection
Review Committee in order to confirm the location of the property
within the Borough's sewer service area. If confirmed, the Sewer Connection
Review Committee shall also determine the appropriate amount of user
charges for the property, in accordance with the Borough of Branchville
Schedule of Fees and User Charges. Upon approval of the connection
application by the Sewer Connection Review Committee, the appropriate
permit and inspection fees in accordance with the fee schedule set
forth in the Borough Construction Code Fee Ordinance must be paid
to the Borough Construction Department, and a permit must be obtained
from the Borough construction official before connection may be made
to the Borough's local collection system.
[Added 7-5-2017 by Ord.
No. 05-2017]
Prior to approving an application for a connection involving
the acceptance of industrial wastes, the applicant shall submit complete
data with respect to the following:
A.
Average, maximum and minimum rates of flow to be expected daily and
seasonally.
B.
Flow diagram, showing points of application of chemicals, type and
quantity of each chemical used per day and per shift, a schedule of
operations, expected chemical characteristics of the untreated wastes,
and the point or points of connection to the sewage system. The standard
procedure will require the separation of, and separate points of connection
for, domestic sewage and industrial wastes from each industrial establishment.
The general policy and procedure for sewer connections shall
include the following:
A.
Whenever an exemption is requested pursuant to § 95-3.2, the burden of proof shall be upon the applicant.
B.
No connection permit shall be granted when any person proceeds with
a proposed development without first obtaining all necessary municipal
and/or other agency approvals.
C.
The Borough may require additional documentation or information that
is relevant to a particular application prior to the issuance of a
connection permit. Failure of the applicant to supply the additional
information may serve as a basis for denial of the application.
A.
Modifications, additions, or deletions to the internal plumbing or
piping of any lawfully preexisting building already connected and
already discharging wastewater to the completed, operational collection
system after the effective date of this article will not require further
connection approval provided that the following criteria are met.
B.
If the use or size of the building changes, this will require approval
for the changed use and may require a new EDU classification.
Subject also to the requirements of Article VIII hereof:
A.
The building sewer connection shall be installed at the expense of
the applicant. The building sewer connection shall be in conformance
with the requirements of the current Plumbing Code as evidenced by
a plumbing permit issued by the Construction Department.
B.
The building sewer shall be maintained by the property owner.
A.
A separate and independent building sewer shall be provided for:
(1)
Each building under one roof owned by one person and occupied as
one business or residence;
(2)
A combination of buildings owned by one person or in one common enclosure
occupied by one family or business; or
(3)
One side of a double house having a solid vertical partition wall,
making it subject to divided ownership.
B.
A building owned by one person containing more than one store, apartment
or office may be supplied by one or more building sewers at the discretion
of the Borough.
C.
If one building stands at the rear of another on an interior lot
and no separate building sewer connection is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway,
the building sewer from the front building may be extended to the
rear building at the discretion of the Borough.
Industrial (Class B permit) and commercial (Class A permit)
establishments making application for a sewer connection and sanitary
sewage service, in addition to making written application for such
service, shall furnish a detailed description of the type and size
of buildings, the nature of the business to be conducted in each structure,
the number and type of fixtures to be served, the type, volume and
chemical characteristics of the waste to be discharged. Such applicants
shall also furnish to the Borough and, if requested, to the Sussex
County Municipal Utilities Authority one copy each of plans showing:
A.
The boundaries of the property.
B.
The location within the property of the structures to be served.
C.
The location and profile with respect to finished grade of services.
D.
Details of the proposed connection(s) to the sewerage system, and
arrangements and details of required meter and sampling installations.
E.
SIU permit, if applicable.
Extensions to or changes in the local sewerage system to be made at any time after the one-hundred-eighty-day period described in § 95-3.1, above, may be initiated by the Borough after petition from property owners, or by application from a real estate developer. The costs associated with any such extension or change shall be the exclusive obligation of the petitioner(s) or applicant requesting same. If such extension or change is deemed advisable by the Borough, it shall prescribe the terms and conditions under which the extension or change shall be made, including responsibility to obtain any and all necessary permits and payment of the costs associated with the requested extension or change, and shall require written acceptance thereof by the petitioners or applicant prior to the commencement of any work to effect the extension or change.
Sewer service charges are payable to the Borough in accordance with the Fees Schedule and Article X of this chapter.
