Township of Roxbury, NJ
Morris County
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Table of Contents
Table of Contents
There shall be a municipal water department for the supply and distribution of water which shall hereafter be known as the water department of the township and which shall consist of the township council and such other township committees and employees as may be designated by the council to operate and maintain the water department in accordance with the rules and regulations set forth in this chapter.
As used in this chapter:
a. 
"Adequate capacity" shall mean that the components of a public community water system conforms with the requirements of N.J.A.C. 7:10-11.6(a) and the system is designed and constructed to meet all the demand requirements imposed on it and shall have the firm capacity to meet the applicable peak daily demand as defined at N.J.A.C. 7:10-11.4(a)(7).
b. 
"Applicant," "customer" or "owner" shall mean any person, corporation or organization contracting or making application for water connections or for use of services or who use said services or who is the owner or occupant or both of any real property which has been connected to the township's water system.
c. 
"Application for water allocation" shall mean a document prepared and completed by an applicant, customer or owner in accordance with the requirements as specified in this chapter.
d. 
"Connection" shall mean any physical change to the plumbing or piping of any building project, facility, or other structure either proposed or existing for which a building permit or other municipal approval including site plan or subdivision approval is required, and which connects to any portion of the township's water distribution system.
e. 
"Connection fee" shall mean the fee charged by the township for the right of a property owner to connect to the municipal water system. The connection fee shall represent a fair payment towards the cost of the municipal water system.
f. 
"Equivalent Dwelling Unit" or "EDU" shall mean the estimated average daily flow of water from the average single family residence and shall be 265 gallons per day (GPD).
g. 
"Firm capacity" shall mean adequate pumping, equipment and/or treatment capacity when the largest pumping or treatment unit is out of service, as more completely defined under N.J.A.C. 7:10-11.4.
h. 
"Formal allocation" shall mean the approval granted by the township engineer or township council pursuant to the requirements as specified in this chapter and when granted shall constitute a reservation of capacity or service from the township.
i. 
"Letter of water availability" shall mean a letter provided by the township engineer pursuant to the requirements as specified in subsection 12-2.12f and which does not constitute a reservation of capacity or service from the township but shall signify that, as of the date of the letter, the township water utility does or does not have adequate capacity to serve the needs of the applicant.
j. 
"Main" shall be construed, either in the singular or the plural, to mean all pipes, other than supply lines and service pipes, used for conveying water to or distributing water throughout the entire township water supply system.
k. 
"Meter rates" shall mean rates or charges to be charged for water, based upon the quantity consumed as measured by an approved water meter.
l. 
"NJDEP" shall mean the Department of Environmental Protection of the State of New Jersey.
m. 
"Owner" shall mean any person owning any property or premises which is or can be supplied with water, or his or their duly authorized agent. The occupant of any property will be held to be the agent of an owner with respect to water use and existing water services in the absence of instructions from the owner to the contrary.
n. 
"Peak daily demand" shall mean the average daily demand as recorded in the peak month of the prior five years plus anticipated water demand calculated in accordance with N.J.A.C. 7:10-12.6(b).
o. 
"Permit" shall mean the approval granted by the township pursuant to the requirements as specified in this chapter for the construction of water facilities to service each unit and/or the connection or use of water service for each unit.
p. 
"Service pipe" shall mean the pipe extending from the curb-cock or valve to the meter, usually on privately owned land, for supplying the premises with water.
q. 
"Structure" shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
r. 
"Supply line" shall mean a pipe connected to the main and extending therefrom to and including the curb-cock or valve at the curb line of the street.
s. 
"Tapping fee" shall mean the total of all costs incurred by the township to perform the installation of the supply line.
t. 
"Water superintendent" shall mean the supervisor person in charge of the operations of the water department as duly appointed by the township manager.
a. 
Connection to public water supply. All new construction located on property, the property line of which is located within 250 feet of the township's water supply system, shall apply for a permit to connect to the township's water supply system under the procedures set forth in subsection 12-2.12 of this chapter.
b. 
Turning on water. No water from the township water supply shall be turned on for service into any premises by any person except the superintendent of the water department or such person authorized by him to perform this service.
c. 
Application. Application to have water turned on shall be made in writing to the superintendent of the water department and shall contain an agreement by the applicant to abide by and accept all of the provisions of this section, and such rules and regulations as may from time to time be promulgated by the township council, as conditions governing the use of the township water supply by the applicant.
d. 
Service connection fee.
1. 
The Township of Roxbury does hereby establish a connection fee or tapping fee relative to each connection of any property to the Roxbury Township Water System. Said fee shall be imposed upon the owner of the property seeking approval for such connection or such person or entity authorized in writing by the owner to apply for and obtain a sewer connection.
2. 
The connection fee imposed shall be for each individual EDU and the amount of the connection fee shall not exceed an amount computed in the following manner to represent a fair payment towards the cost of the system.
(a) 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and the interest thereon, paid by the township to defray the capital cost of developing the system as of the end of the immediately preceding fiscal year of the township shall be added to all capital expenditures made by the township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding fiscal year of the township.
(b) 
Any gifts, contributions or subsidies to the township received from, and not reimbursed or reimbursable to any Federal, State, county or municipal government or agency or any private person, and that portion of amounts paid to the township by a public entity under a service agreement or service contract which is not repaid to the public entity by the township, shall then be subtracted.
(c) 
The remainder shall be divided by the total number of service units served by the township at the end of the immediately preceding fiscal year of the township, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector. In attributing service units to each connector, the estimated average daily flow of water for the connector shall be divided by the average daily flow of water from the average single family residence in the township's district, to produce the number of service units to be attributed. The service unit mentioned herein shall be otherwise known and designated as an Equivalent Dwelling Unit (EDU).
3. 
The owner or such other person or entity authorized in writing by the owner to apply for and obtain a connection to the Roxbury Water System shall pay a connection fee to the Township of Roxbury based upon the number of Equivalent Dwelling Units (EDUs) attributable to that connector.
4. 
Effective the date of this subsection the connection fee to be paid to the Township of Roxbury shall be four thousand four hundred eighty-nine ($4,489.00) dollars per Equivalent Dwelling Unit (EDU) including any proportionate fraction thereof. The connection fee to be hereinafter imposed shall be four thousand four hundred eighty-nine ($4,489.00) dollars per Equivalent Dwelling Unit (EDU) unless this amount is changed by any amendment to this subsection in accordance with law. The minimum connection fee per unit shall be based on one full EDU and shall be four thousand four hundred eighty-nine ($4,489.00) dollars. In order to determine the appropriate number of equivalent dwelling units per application for nonresidential users, the Projected Flow Criteria as defined in the New Jersey Administrative Code, section 7:14A-23.3, shall be utilized.
5. 
The connection or tapping fee shall be due and payable upon the filing of an application for a water connection permit with the department of public works of the Township of Roxbury on such forms and subject to such information, documentation and data as may be required by the department of public works.
e. 
Supply line; tapping fee. The superintendent of the water department shall determine if the township will perform the supply line installation. Supply lines installed by the township will require the owner or applicant to pay the tapping fee, as determined by the water department superintendent, to be the total cost incurred by the township for the complete installation.
If it is determined by the water department superintendent that the township will not perform the supply line installation, it is the owner's or applicant's responsibility to hire a private contractor to perform the installation at the owner's or applicant's expense. The installation shall be performed under the supervision of the water department superintendent.
f. 
Service pipe. Installation of the service pipe shall be done by a plumber qualified to do plumbing work under municipal regulations. No service pipe shall be installed unless it conforms to specifications promulgated by the water department. A copy of such specifications shall be kept on file in the water department and shall be open to inspection by any interested person.
The property owner shall be responsible for the installation, maintenance and repair of the service pipe and shall keep the same in good repair and protect it from damage due to freezing or other causes. All leaks in the service pipe shall be reported promptly to the water department and immediately repaired by the property owner. If repairs are not so made, the water shall be shut off by the water department and shall not be turned on again until the pipe is put in serviceable condition.
The township may, in case of an emergency, repair any service pipe and if this is done, the cost of the repair work shall be repaid to the township by the owner of the premises served.
g. 
Plumbing. No water shall be turned on for service in premises in which the plumbing does not comply with the plumbing code of the township or does not comply with other pertinent ordinances of the township; provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this section and subject to the approval of the water department.
h. 
Excavations. Excavations for the installation of supply lines or service pipes, or for any repair thereof, shall, where applicable, be made in compliance with Chapter XI, relating to excavation and construction in public streets. It shall be unlawful to place any supply line or service pipe in the same excavation with, or directly over, any drain pipe or sewer pipe.
i. 
Shut-off boxes. Shut-off boxes or service boxes shall be placed on every service pipe, and shall be located between the curb line and the sidewalk line where this is practicable. Such boxes shall be so located that they are easily accessible and shall be protected from freezing.
j. 
Resale or redistribution. No water shall be resold or distributed by the recipient thereof from the township supply to any premises other than that for which application has been made and a meter installed, except upon approval of the township council in cases of emergency.
k. 
Unoccupied premises. Where premises for any period are to be unoccupied between November 1st and April 1st succeeding, the department must be notified immediately by the owner so that the water can be shut off.
l. 
Turn off/on. The fee for turning off a water service at the request of a customer or for nonpayment of water bills shall be fifty-five ($55.00) dollars during normal business hours. The fee for turning on a water service at the request of a customer or following payment of charges on delinquent accounts shall be fifty-five ($55.00) dollars during normal business hours. The fee for turning on or off a water service after normal business hours shall be two hundred ($200.00) dollars.
m. 
Fire sprinkler services. All sprinkler services will require detector checks of the same diameter as the service.
a. 
Required. All premises using the township water supply must be equipped with an adequate water meter furnished by the township. Water service may be supplied by the township, however, at a flat rate of charge to be fixed by the township council until a meter is installed upon the premises. No water shall be furnished any premises unless a flat rate of charge shall have first been established by the township council, until a meter is installed, or unless a water meter shall have first been installed on the premises as herein required. Meters shall remain the property of the township and all meters will be at all times under township control.
b. 
Installation. The meter and meter interface unit shall be installed in a location that affords adequate protection against damage and which shall be easily accessible for reading and maintenance purposes. Compression stops shall be provided by the property owner on each side of and directly adjacent to the meter. The township shall install the water meter and meter interface unit at the customer's expense. The meter and meter interface unit installation fee shall be based on the township's purchase price and installation costs.
c. 
Failure of meter. Failure of a meter to register properly shall be reported immediately to the water department. Charges for water consumed during the period of failure shall be computed on the basis of the average consumption over a reasonable period prior to such failure. Meters shall be sealed by the water department and no one except an authorized employee of the department shall break or injure such seal.
d. 
Reading meters. The supervisor of the department, in each quarter of each year, shall read or cause to be read every water meter belonging to the township in order that bills may be sent out to the consumers at the proper time.
e. 
Testing meters. Any township water meter shall be taken out and tested upon complaint of the consumer, upon payment of a fee of fifty ($50.00) dollars. If upon test the meter is not within three percent of being accurate, it shall be repaired or replaced and the fifty ($50.00) dollar fee shall be credited to the consumer's account.
The water department shall perform the meter testing. If a customer requests testing by an independent agency, the customer shall be responsible for all costs incurred by the township and will be billed appropriately.
f. 
Meter repair. The fee for repairing a meter or meter interface unit damaged by a customer shall be based on the township's repair and/or replacement and installation costs as determined by the superintendent of the water department.
Table of Rates. The following charges shall be paid in each quarter of each year for water consumed by users of the township water supply system.
a. 
Applicability: All metered service throughout the entire territory served.
b. 
Minimum charges:
Meter Size
Gallons Allowed For Minimum Charge
Per Quarter Net
5/8" and 3/4"
5,000
$34.38
1"
10,000
$67.47
1 1/2"
15,000
$94.45
2"
30,000
$175.44
3"
75,000
$438.60
4"
125,000
$605.00
c. 
Rates for water consumed in excess of the minimums allowed in paragraph b. above shall be as follows:
Quarterly Gallons
Min.
Max.
Rates Per 1,000 Gallons
1
5,000
$6.88
5,001
15,000
$8.09
15,001
25,000
$9.72
25,001
40,000
$10.97
40,001
50,000
$13.04
50,001
1,500,000
$14.79
d. 
Where there is more than one residential dwelling unit served through a single meter, the quarterly minimum charge shall be based upon the 5/8 inch and 3/4 inch rate for the number of dwelling units served. For each residential dwelling unit, there shall be one minimum quarterly allowance equal to that of a 5/8 inch and 3/4 inch meter.
Example: The minimum charge and allocation for a structure containing 3 residential dwelling units is as follows: 3 units x $34.38 = $103.14 Quarterly Rate
e. 
Terms of payment: Bills will be rendered quarterly and are due and payable when rendered.
The "net" amounts shown above shall be paid within 30 days after the billing date. In the event any bill is not paid within 30 days after the billing date, there shall be an additional late charge of two ($2.00) dollars, or eight percent per annum on the first one thousand five hundred ($1,500.00) dollars and 18 percent per annum thereafter, whichever is greater. Service is subject to discontinuance when a bill is not paid within 30 days after being rendered.
a. 
Applicability: Seasonal residents shall be considered "regular" customers pursuant to subsection 12-2.1 and shall be billed accordingly.
Net Per Annum
Each hydrant
$125.00
a. 
Terms of payment. Fire hydrant service will be billed annually in advance on September 1 of each year and bills are due and payable when rendered.
Sprinkler demand charge: three hundred ($300.00) dollars per system per annum or one and one-half ($0.015) cents per square foot per annum, whichever is greater.
The building square footage to be billed shall be the total square footage as determined from the tax assessor's records on the structure.
a. 
Terms of payment: The sprinkler demand charge will be billed annually in advance on September 1 of each year and bills are due and payable when rendered.
Bills for water used shall be dated and sent out quarterly or at such times as may be directed by the township council.
During the construction of any building and before any water meter is installed as herein provided, the contractor so constructing the building may be permitted to use the township water supply by making application and paying the appropriate construction water fee. If construction water is requested, the fee shall be based on the entire project. There shall be no partial fees for construction water.
The construction water fee for residential units shall be the minimum annual charge as determined from the minimum quarterly charge for a 3/4" meter, in the Table of Minimum Charges in subsection 12-2.1b of this section, and multiplied by the number of units.
For nonresidential buildings, the construction water fee shall be the minimum annual charge, as defined above, multiplied by the number of Equivalent Dwelling Units.
The construction water fee for any construction project that does not include buildings shall be determined by the township council on a case by case basis.
The water supply may be shut off from any premises for which the water bill remains unpaid for a period of 30 days after the bill is rendered and mailed. When shut off, water shall not be turned on except upon the payment of all delinquent fees and payment of the appropriate charges to turn off and turn on the water.
Charges for water used shall be due during the first month of each succeeding quarter of each year and shall be billed and collected by the collector of taxes of the township. Any charge not paid at the due date shall bear interest at the same rate as uncollected taxes of the township and shall become a lien upon the premises served until paid; and the township shall have the same remedy for the collection thereof together with interest, costs and penalties as it now has or may hereafter have under the laws of the State of New Jersey for the collection of taxes and other municipal liens upon real estate.
a. 
The township council may, by resolution, establish rules and regulations from time to time, as may be necessary, for the construction, maintenance, operation and use of mains and supply and service lines, and for the proper administration and control of the township water supply and distribution system.
b. 
The township council may, by resolution, establish restrictions on the nonessential use of potable water. Such restrictions shall become effective upon publication in the official newspaper of the township of a notice as to the type and effective date of such restrictions. The restrictions may apply to commercial, industrial and/or residential users. The restrictions shall only apply in times of a water shortage deficiency as may be determined by the township council in the implementing resolution. Any person who violates, or fails to comply with, the water restrictions and regulations, as may be established by council resolution and published in the official newspaper of the township, shall be subject to the penalty provisions of section 3-1 of the Revised General Ordinances of the Township of Roxbury, 1978.
c. 
Under emergency conditions, the township manager may prescribe restrictions as to the nonessential use of potable water, including the placing of limitations on water availability and/or consumption. All such restrictions as may be prescribed by the township manager shall remain in effect for no more than 72 hours.
The superintendent of the water department, the director of public works, the township engineer and any authorized employee of the water department, upon presentation of credentials provided by the water department, shall be permitted, at all reasonable hours, to enter upon any premises supplied with township water, for the purpose of making inspection or examination of the water supply and plumbing systems upon the premises.
The water department shall be authorized to shut off the water from the premises of any owner or tenant violating any of the provisions of this section upon serving the owner or tenant with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Discontinuance of service shall be in addition to the imposition of any applicable penalties provided by ordinance.
It shall be a violation of this section for any unauthorized person to tamper with, alter or injure any water meter or any part of the township water supply and distribution system.
a. 
Permit required. A person seeking to build or expand a structure which requires additional water allocation, shall apply for a water allocation permit and if the permit is granted, shall connect into the township's water supply system if the township's water main(s) are within 200 feet of the property line of the project and adequate capacity is available as determined by the township in accordance with the procedures established in this chapter. The owner of the property shall be responsible for extending the township's water main to the property in accordance with the township's standards as determined by the township engineer.
b. 
Application for service in general. The owner of any property within the township's authorized water service area shall make an application for a water allocation permit on forms prescribed by the township engineer, which application shall include but not be limited to the following:
1. 
The name and address of the applicant;
2. 
The address of the property and the tax lot and block designation;
3. 
The lot area;
4. 
The proposed use of the property or the type of building to be constructed thereon;
5. 
A preliminary subdivision plan or site plan of the proposed development indicating the number of proposed lots and the proposed uses on each lot and conforming to the contents of any development applications submitted or to be submitted to the planning or zoning board for preliminary approval of the proposed development;
6. 
For applications of 2,000 or more gallons of water per day a certification by the applicant's engineer as to the estimated average number of gallons of water per day in conformance with N.J.A.C. 7:10-12.6 that will be required by the proposed use of the property and the method of calculation and schedules used in computing said amount;
7. 
An estimate of the times of initial and final connections to the township's water system;
8. 
Proof of payment of all property taxes and water and sewer assessments due and owing on the property;
9. 
An agreement by the applicant to abide by and accept all of the provisions of this chapter and such rules and regulations as may be promulgated by the township; and
10. 
Any additional information as may be required by the township engineer to assist in the processing of said application.
c. 
Applications for water allocations of less than 2,000 gallons per day; fee.
1. 
Applications for water allocation permits for projects utilizing an average of under 2,000 gallons of water per day shall be reviewed by the township engineer and a permit issued provided a determination is made that there is currently adequate capacity in the township's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7). The applicant shall obtain all required preliminary development approvals from the planning or zoning board prior to the township engineer's consideration of the applicant's request for allocation.
2. 
An application fee of two hundred fifty ($250.00) dollars shall be submitted to the township upon the filing of the application. Said fee shall be used by the township to cover the administrative and professional costs associated with the review of the application.
d. 
Applications for water allocations of 2,000 or more gallons per day; fee.
1. 
Applications for water allocation permits for projects utilizing an average of 2,000 or more gallons of water per day shall require the approval of the township council. The applicant shall obtain all required preliminary development approvals from the planning or zoning board prior to the township council's consideration of the applicant's request for formal allocation. Once all preliminary development approvals are obtained, the township engineer shall submit the application for allocation to the township council for its consideration. In addition to the application, the township engineer shall submit a report to the council concerning the nature of the allocation, the status of any required NJDEP applications, as well as an updated analysis of this water system's firm capacity and peak daily demand. If there is adequate capacity in the township's water system, the governing body shall, in the form of a resolution, authorize the allocation of water to the applicant. The resolution may contain such terms and conditions as are reasonably necessary to guarantee compliance with all Federal, State, county and local statutes, rules, and regulations.
2. 
An application fee of five hundred ($500.00) dollars shall be submitted to the township upon the filing of the application. Said fee shall be used by the township to cover the administrative and professional costs associated with the review of the application.
e. 
Time for granting the permit.
1. 
For applications requiring planning or zoning board approval, the township council shall approve or deny the application by resolution within 45 business days of the date preliminary development approval is obtained by the applicant and a formal written request for allocation is received by the township engineer. For those applications not requiring planning or zoning board approval, the township engineer shall approve or deny the application within 20 business days of the date the application is deemed complete.
2. 
The Township reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed 30 business days if additional time is required for processing said application. In no event shall the township's failure to render a decision within the aforesaid time periods constitute a default approval of the application.
f. 
Letter of water availability. An applicant upon the filing of an application for water allocation may request a letter of water availability from the township engineer prior to formal allocation being made. For those applications relating to proposed developments requiring planning or zoning board approval, the applicant shall request and obtain a letter of water availability from the township engineer and shall submit the letter as part of its development application to the planning or zoning board. The township engineer shall review the applicant's request based on the current firm capacity and peak daily demand as defined herein and existing at the time the request for the letter is made. The township engineer shall provide the letter to the applicant indicating whether or not adequate capacity exists within the township's water system at that time to serve the project, which is the subject of the application. The letter shall also include a list of other projects for which requests for water availability have been made but which have not yet received formal allocation from the township. The township engineer's letter of water availability is merely a planning tool and shall not be construed as a reservation of capacity or service from the township. The planning or zoning board shall accept a letter of water availability for a period of one year from the date of issue.
g. 
Allocation fee. An allocation fee in the amount of 25 percent of the connection fee that would be required to connect each proposed equivalent dwelling unit to the township's water system shall be paid to the township at the time of formal water allocation. The allocation fee shall be deposited with the township in the form of cash or, at the option of the applicant, by depositing 25 percent of said fee in cash and the remaining 75 percent by way of an Irrevocable Letter of Credit, in a form acceptable to the township attorney. The applicant may request a subsequent reduction in the amount of the allocation fee proportionately based on the amount of the connection fees actually paid to the township at the time of connection.
h. 
Duration of permits.
1. 
A permit for water allocation shall be valid for a period of 36 months from the date of issue. The permit shall be void unless physical connection is made within the appropriate period. In cases where construction and occupancy of units has continued during the six month period immediately prior to any expiration date of a permit, the permit may, at the sole discretion of the township, be renewed for an additional six month period at the written request of the applicant. The permit may be renewed for longer periods at the discretion of the township to coincide with the expiration date of or an extension granted for a permit to construct/modify/operate public water works facilities issued by the NJDEP. Unless so renewed, the permit will automatically expire at the expiration of the 36 month period.
2. 
In the event that physical connection is not made, or the permit is not renewed within the period set forth in paragraph 1. above, the permit shall automatically expire and that portion of the allocation for which connections have not been made will revert to the township. The township shall retain 20 percent of the allocation fee paid for each expired permit as a capacity charge and loss of service revenue. This charge is reasonable in amount and is to be considered as liquidated damages and not a penalty. The township shall return the balance of the allocation fee paid for the expired permit to the applicant. In the event, however, the applicant submits a written request for withdrawal of the water allocation within 60 days after the water permit is issued, the full amount of the allocation fee paid shall be refunded to the applicant.
i. 
Order of review. All completed applications for water allocation shall be reviewed on a first come — first serve basis. The obligation of the township to approve completed applications for water allocation permits is contingent upon the availability of adequate capacity in the township's water system.
j. 
Transfer of water allocation prohibited. A water capacity allocation within the township's water supply system shall not be traded, sold or otherwise reallocated by an applicant, unless the property identified in the water allocation permit is sold to a new owner, such that the allocation shall run with the land to the extent necessary to effect the intent of the allocation. Capacity allocated for any project or development shall not be assignable to any other project. In the event that a project or development is abandoned, or the construction of the same does not utilize the entire allocation of capacity granted to it, the unused allocation shall revert to the township and shall become available for allocation in accordance with the procedures set forth in this chapter. Should the scope of a project or development change and additional water allocation be required, the incremental increase in allocation requested shall be treated as a new application.
k. 
Construction of facilities. Upon receipt of all required approvals from State or Federal agencies, including, but not limited to, NJDEP Bureau of Safe Drinking Water Permits, and compliance with the terms of this chapter as well as all other rules, regulations and requirements of the township, the applicant will be allowed to begin construction.
There shall be a municipal sewer department in and for the township which shall consist of the township committee and such other township employees as may be designated by the committee to operate and maintain the public sewage works of the township in accordance with the provisions of this chapter.
As used in this chapter with respect to the sewer utility.
a. 
"B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C. expressed in parts per million by weight.
b. 
"Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
c. 
"Building sewer" shall mean the extension from the building drain to the branch connection at the public sewer or other place of disposal.
d. 
"Building sewer" shall mean the extension from the building drain to the building sewer lateral or other place of disposal.
e. 
"Building sewer lateral" shall mean that part of the sewer system extending between the public sanitary sewer main and the curbline.
f. 
"Connection fee" shall mean the fee charged by the township for the right of a property owner to connect to the municipal sanitary sewer system. The connection fee shall represent a fair payment towards the cost of the municipal sanitary sewer system.
g. 
"Director of public works" shall mean the duly appointed director of public works of the Township of Roxbury or its designated representative.
h. 
"Equivalent Dwelling Unit" or "EDU" shall mean the estimated average daily flow of sewage from the average single family residence and shall be 265 gallons per day (GPD).
i. 
"Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of foods, and from the handling, storage and sale of produce.
j. 
"Health officer" shall mean the health officer appointed by the board of health of the township, or the duly authorized inspector, agent or representative of the board.
k. 
"Industrial wastes" shall mean the liquid wastes from industrial or business processes as distinct from sanitary sewage.
l. 
"Individual water softener" shall mean any public or private water unit designed to filter, treat, separate or soften private or domestic water supplies.
m. 
"May" shall mean permissive.
n. 
"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
o. 
"Person" shall mean any individual, firm, company, association, society, corporation or group.
p. 
"pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
q. 
"Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
r. 
"Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and that is controlled by public authority.
s. 
"Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
t. 
"Sewage" shall mean the water-carried wastes from residences, business buildings, institutions and industrial establishments.
u. 
"Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.
v. 
"Sewerage treatment" shall mean all facilities for collecting, pumping, treating and disposing of sewage.
w. 
"Sewer" shall mean a pipe or conduit for carrying sewage.
x. 
"Sewer inspector" shall mean the sewer inspector as duly appointed by the township committee.
y. 
"Shall" is mandatory.
z. 
"Storm sewer" or "storm drain" shall mean a sewer which carries storm water surface waters, and drainage, but excludes sewage and polluted industrial wastes.
aa. 
"Sewage solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
bb. 
"Township attorney" shall mean the duly appointed attorney of the Township of Roxbury.
cc. 
"Township engineer" shall mean the duly appointed engineer of the Township of Roxbury or its designated representative.
dd. 
"Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.
a. 
No sanitary sewer or extension of an existing public sanitary sewer shall be constructed in the township unless the same is constructed in accordance with standards of construction as shall be laid down and promulgated from time to time by the township.
b. 
No sanitary sewer or extension of an existing public sanitary sewer shall be constructed by any person (referred to as "applicant" hereinafter) in the township unless:
1. 
Detailed preliminary maps showing the proposed locations of the sewer lines are filed by the applicant with the township committee and a permit for the proposed construction is issued by the committee.
2. 
Prior to issuance of the permit, a contract is entered into between the applicant and the township requiring transfer of title to the township of the sanitary sewer or sanitary sewer extension, as built. Such conveyance shall include all necessary easements and rights of way required by the township to maintain and repair the sanitary sewer and its appurtenances.
3. 
A performance bond or guarantee in an amount equivalent to the reasonable cost of the sanitary sewer and all of its necessary appurtenances is filed by the applicant with the township.
4. 
The applicant shall file with the township a public liability insurance policy insuring the township and the contractor responsible for installation of the sanitary sewer, against any tort liability arising out of the construction.
5. 
The sanitary sewer is constructed under the supervision and direction of the township engineer and sewer department supervisor, whose services shall be paid by the owner of the property to be served.
6. 
The cost of construction and the cost of constructing and maintaining the building sewer and building drain, whether installed by the township or otherwise, shall be the obligation of the owner of the property served by the sewer.
c. 
No sanitary sewer shall be accepted by the township unless:
1. 
The contractor responsible for the construction of the sewer shall first file with the sewer department of the township and the clerk of the township, detailed maps of the installation of the sewer lines as built. In the event the contractor fails to file the maps as set forth herein, then upon receipt of written demand from the township, the contractor responsible for the construction of any sanitary sewer or sanitary sewer extension within the township shall, within 14 days thereafter, file with the sewer department of the township and the clerk of the township detailed maps of the installation of the sewer lines as built.
2. 
The applicant shall file a maintenance bond in an amount equivalent to 25 percent of the actual cost of the sanitary sewer, as built. The maintenance bond shall be expressly conditioned upon the maintenance by the applicant of the sewer and all of its appurtenances for a period of one year from the date that title thereto is transferred to the township.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the township council.
The classes of building sewer permits and the fee for each class shall be as the township council shall hereafter establish by ordinance.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the township from any loss or damage that may directly or indirectly by occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot, under the same ownership, and the interior building is an accessory use as established under the zoning ordinance.
The applicant for the building sewer permit shall notify the sewer inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the sewer inspector.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
a. 
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, swimming pool or pond water, individual water softener discharges, cooling water or unpolluted industrial process waters into any sanitary sewer.
b. 
Storm water and all other unpolluted process water or drainage shall be discharged into sewers specifically designated as storm sewers, or into a natural outlet approved by the health officer and township engineer.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
a. 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
b. 
Any water or waste which may contain more than 37.5 parts per million, by weight of gas, oil or grease.
c. 
Any gasoline, benzine, naptha, fuel oil, lubricating oils and greases, flammable or explosive liquid, solids, or gas, paint and lacquers.
d. 
Any garbage that has not been properly shredded.
e. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, ponch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
f. 
Any waters or waste having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property, capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
g. 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment works.
h. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant.
i. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Grease, oil and sand interceptors shall be provided when, in the opinion of the sewer inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients. All interceptors shall be of a type and capacity approved by the sewer inspector and shall be located as to be readily and easily accessible for cleaning and inspection.
a. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
b. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
a. 
The admission into the public sewers of any waters or waste having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) containing any quantity of substances having the characteristics described in subsection 12-6.2, or (4) having an average daily flow greater than two percent of the average daily sewage flow into the township sewage treatment plant, shall be prohibited unless approved by the township committee. Where necessary, the owner shall provide at his expense, such preliminary treatment as may be necessary to (a) reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in subsection 12-6.2 or (c) control the quantities and rates of discharge of such waters or waste.
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the township engineer and of the Department of Health of the State of New Jersey, and no construction of such facilities shall be commenced until approvals are obtained in writing.
b. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
c. 
Where necessary, in the opinion of the sewer inspector, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the township engineer. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
d. 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in subsections 12-6.2 and 12-6.4a shall be determined, in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for in subsection 12-6.4c, or on suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
e. 
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the township and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the township for treatment, subject to payment therefor by the industrial concern.
The annual sewer use and maintenance charge for all sewage discharged into the Roxbury Township Wastewater Treatment System shall be based upon the average daily flow into the system. There shall be a separate sewer use and maintenance charge for each service unit served by the township's wastewater treatment system according to the number and type of service units attributable to the subject real property.
In determining service units relative to each parcel of land, the estimated average daily flow of sewage shall be divided by the average daily flow of sewage from the average single family residence in the township, which is hereby deemed to be 265 gallons per day of waste-water flow, to produce the number of service units to be attributed.
[Ord. #14-76; Ord. #2-79; Ord. #17-80, SI; Ord. #15-82; Ord. #7-90, S1; Ord. #30-90, S3; Ord. #5-91, S1; Ord. #1-93, S3; Ord. 18-94, S1; Ord. #19-94, S1; Ord. #17-95, S5; Ord. #27-95, S1; Ord. #20-96, S2; Ord. #36-96; Ord. #32-01, S1; Ord. No. 19-2015 § 2]
The annual sewer use and maintenance charge for all sewage hereinafter generated shall be based on the quarterly sewer use and maintenance charges determined as follows:
a. 
All residential single family dwelling units, including detached houses, each unit in multi-family dwellings, garden apartment units, townhouse or condominium units, are deemed to be one service unit. The sewer use and maintenance charge for each service unit shall be one hundred forty ($140.00) dollars per quarter.
b. 
For all other customers: $0.0063 per gallon of sewage generated per quarter with a minimum quarterly billing of one hundred forty ($140.00) dollars per service unit for any structure in which one or more service units are located. A nonresidential service unit shall be defined as an individual business with plumbing facilities. "Plumbing facilities" means any single plumbing fixture such as a toilet, shower, tub, sink, faucet, sewer drain or any other appliance or fixture which uses or discharges water.
Examples for determining the quantity of nonresidential service units in a structure are as follows:
Example 1: A structure containing ten individual businesses, five businesses which have their own plumbing facilities, and five businesses which share common restroom facilities. The total number of service units equals six.
Example 2: A structure containing three individual businesses which share common restroom facilities. The total number of service units equals one.
Example 3: A structure containing three individual businesses with their own plumbing facilities and common restroom facilities. The total number of service units equals four.
The amount of sewage generated in a calendar quarter shall be determined by one of the following methods:
1. 
Estimated method. The total square footage of the building or service unit representing the nonresidential use, multiplied by the factor of 0.1 gallons per day per square foot of wastewater flow, multiplied by the number of days in the quarter. Mathematically the equation is as follows:
Sewage Generated
=
Total S.F.
x
.1g/day
——
S.F.
x
365 days
———
4 quarters
= gallons/quarter
The total square footage shall be based on the outer dimensions of the building or service unit.
2. 
Actual flow method. Equivalent to water consumption as determined by readings taken directly from the service unit's water meter. For uses not required to install water meters, as set forth in subsection 12-7.4 of this section, the owner may, at his own expense, install a water service meter for the purpose of determining actual sewer gallonage.
The quarterly sewer use charge shall then be determined by the following formula which utilizes the gallons per quarter calculated by one of the two methods described above.
Quarterly Sewer Use Charge
=
gallons
———
quarter
x
$0.0063
———
gallon
= $/quarter
c. 
Examples: In order to illustrate the operation and implementation of the sewer use rate formula, as applied to different types of buildings and uses, the following examples are given:
1. 
Single family detached house:
1 EDU x $140.00/EDU/quarter = $140.00/quarter.
2. 
A multi-family dwelling with three units:
3 EDU x $140.00/EDU/quarter = $420.00/quarter.
3. 
A two story commercial building of 2,000 square feet per floor (all uses in the building being commercial):
(a) 
Estimated method.
Quarterly Sewer Use Charge =
.1g/day/sf x 2000 sf/floor x 2 floors x
365 days
———
4 quarters
x
$.0063
———
gallon
= $229.95/quarter
(b) 
Actual flow method.
Quarterly Sewer Use Charge
=
gallons
———
quarter
x
$0.0063
———
gallon
= $/quarter
4. 
A two story commercial/residential mixed use building with 2,000 square feet of commercial usage on each of two floors, plus three residential apartments.
Quarterly Sewer Use Charge
=
Quarterly Commercial Sewer Use Charge
+
Quarterly Residential Sewer Use Charge
The quarterly commercial sewer use charge as determined in paragraph c, 3 above is $229.95/quarter and the quarterly residential sewer use charge as determined in paragraph c, 2 above is $420.00/quarter.
Therefore:
Quarterly Sewer Use Charge
=
$229.95
+
$420.00
=
$649.95
———
quarter
d. 
The charge for use and maintenance herein imposed shall be billed by the Collector of Taxes and Utilities of the Township in January of each year, but may be paid quarterly in four equal installments on March 30, June 30, September 30, and December 30. It shall be due and payable whether or not the sewer facilities are used during the billing period.
e. 
Rate reduction for qualified senior citizens and disabled persons. Upon application to and approval by the township manager, any person residing within the Township of Roxbury may receive a thirty ($30.00) dollar per quarter reduction in residential sewer user fees commencing with that quarter next succeeding the date of application if that person meets the following criteria:
1. 
The applicant must own or occupy the residence that is the subject of the sewer user fee as his/her principal residence (i.e., occupy the premises more than six months of the year).
2. 
The applicant must be a person in whose name the sewer user bill is generated and must be responsible directly to the township for the payment of said bill or sewer user fees.
3. 
The applicant must be 65 years of age or older and have annual total income of ten thousand ($10,000.00) dollars or less or be less than 65 years of age and either totally and permanently disabled as described in 42 U.S.C. Subsection 401 et seq., or any Federal law administered by the U.S. Department of Veteran's Affairs where the disability is rated at 60 percent or higher.
[Ord. No. 30-96, § 3]
The Township of Roxbury may receive grey water, delivered by over the road tanker trucks, at the Ajax Terrace Wastewater Treatment plant at the sole discretion of the Sewer Department Supervisor responsible for plant operations.
Grey water suppliers shall be billed at a rate of $0.0175/gallon.
[Ord. 10/14/65; Ord. #15-82; Ord. #7-90, S1; Ord. #30-90, S4; Ord. #1-93, S4; Ord. #17-95, S5; Ord. No. 19-2015 § 1]
The sewer use and maintenance charge shall be billed by the Collector of Taxes and Utilities of the Township in January of each year, but may be paid quarterly in four equal installments due on March 30, June 30, September 30, and December 30. Any sewer use and maintenance charge not paid by the due date shall bear interest at the same rate as uncollected taxes of the Township and shall become a lien upon the premises connected to the sanitary sewer system until paid, and the Township shall have the same remedy for the collection thereof together with interest, costs and penalties as it now has or may hereafter have under the laws of the State of New Jersey for the collection of taxes and other municipal liens upon real estate.
a. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters and/or wastes into any township sewer:
1. 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
2. 
Any water or waste which may contain more than 37.5 parts per million (mg/1) of fat, oil or grease.
3. 
Any water or waste containing greater than 300 parts per million (mg/1) of total suspended solids.
4. 
Any water or waste having a Biochemical Oxygen Demand greater than 300 parts per million.
5. 
Any water or waste containing a pH lower than 6.0 or higher than 9.0.
6. 
Any water or waste containing levels of total Phosphorus as P. greater than 6.0 parts per million (mg/1).
b. 
Where necessary the owner shall provide at his expense such preliminary treatment as may be necessary to reduce these objectionable characteristics or constituents to within the maximum limits provided for above. Any such proposed pretreatment facilities shall be submitted for approval to the township and all other regulatory agencies, and no construction of such shall take place until approvals are obtained in writing.
c. 
The township, at its discretion, may on a case by case basis allow for discharges to exceed the maximum limits as set forth in paragraph a. and shall impose a qualitative surcharge calculated by taking the percent exceedence for any objectionable characteristic or constituent and multiplying it by the predetermined EDU rating and then multiplying that product by the deemed rate per EDU. An example of this is as follows:
Commercial Building - 6,000 square feet - (no meter)
Grease and Oil Discharge - 50 mg/l
6,000 x .125
————
265
=
2.83 EDU x 1.33
(50)
(37.5)
x $120.00 = $451.67
d. 
The township may randomly grab samples of discharges from individual generators and once a particular discharge is found to exceed the maximum limits specified previously, the qualitative surcharge will be imposed. Additionally, a minimum frequency of quarterly grab sampling will be conducted by the township for determining any excessive constituents or characteristics and the additional charges for same shall be reflected and payable by the owner or occupant in his quarterly sewer billing.
e. 
All measurements, tests and analyses of the characteristics of waters or wastes to which reference is made herein, shall be determined by a New Jersey Department of Environmental Protection certified laboratory for Water and Wastewater analysis and in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage". Grab samples will be collected at the most representative point of collection deemed by the township.
f. 
Any violation of the aforementioned standards set forth herein shall permit the township to issue a cease and desist notification of that discharge. The township may thereafter proceed by all appropriate methods in enforcement of such cease and desist notification.
a. 
Due to the specific nature and water usage of certain uses of property within the township, it is hereby determined that water meters shall be required for the following uses:
Restaurants or any food service
Bar/Cocktail Lounges
Short Order Services
Club Houses - Residential and nonresidential
Hospitals
Medical/Dental Offices Institution
Daycare Facilities - Adult/Child
Nursing Homes
Schools
Automobile Service Stations
Car/Truck washes
Laundries
Theaters
Water Treatment Utilities
Public Swimming Pools
Churches/Assembly Halls
Beauty Salons
Funeral Homes
Nothing contained herein shall limit the township at its discretion to require any service unit from installing a water meter at its own expense and require the use of a water meter to determine sewage charges.
b. 
The owner or occupant shall, at his expense, install a water service meter which will meter the water usage of that service unit.
c. 
Failure to comply with the provisions of this subsection shall be punishable in municipal court and a fine or penalty of fifty ($50.00) dollars per day may be imposed. Once the owner or occupant is notified in writing of the mandatory meter installation requirements by the township, said owner or occupant shall be advised of a date certain by which said meter must be installed, but in no event less than 30 days from the date of said notice. If the water meter is not installed and functioning after said date, the owner or occupant shall be in violation of this section. Each day of noncompliance with the provisions of this section shall constitute a separate offense with a maximum penalty of fifty ($50.00) dollars per day.
The sewer inspector and other duly authorized employees of the township bearing proper credentials and identification shall be permitted to enter on all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this section.
No person shall maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the township sewage disposal works. Any person violating this provision shall be subject to fine and/or imprisonment under charge of disorderly conduct.
Each and every person, firm or corporation violating any of the provisions of this chapter, with the exception of sections 12-7 and 12-9, shall be served by the township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
Upon application of a private water company in the form of a resolution duly adopted by the board of directors of the company and submission of engineering proof that a critical water shortage exists within its water system, the township council, may, by resolution, establish restrictions on the nonessential use of potable water supplied by such private water company. Such restrictions shall become effective upon publication in the official newspaper of the township of a notice as to the type and effective date of such restrictions. The restrictions may apply to commercial, industrial and/or residential users. The restrictions shall only apply in times of a water shortage deficiency as may be determined by the township in the implementing resolution. Any person who violates, or fails to comply with the water restrictions, as may be established by council resolution and published in the official newspaper of the township, shall be subject to the penalty provisions of Section 3-1 of the Revised General Ordinances of the Township of Roxbury, 1978.
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Township of Roxbury. it may adopt a resolution declaring that a water emergency exists in the township. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the township and any areas outside the township serviced by a public utility within the township which are affected by the water emergency, which areas may include the entire township and such other areas outside the township which are within the Roxbury public utility service area and shall specify which of the water use regulations contained in subsection 12-12.2 of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days. unless extended or repealed as set forth in subsection 12-12.3 of this section. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
a. 
The public utility providing water service to all or a portion of the township and areas outside the township has adopted water use restrictions, has notified the township, the New Jersey Board of Public Utilities, and the New Jersey Department of Environmental Protection, as well as any other State, county or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any State, county or local agency having the jurisdiction and power to do so; or
b. 
The governing body is otherwise satisfied that a water emergency exists in the township.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the township, in accordance with subsection 12-12.1 of this section, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all users, residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
a. 
The complete ban and prohibition of outside water usage. including the watering of lawns and plants, the filling of pools and the washing of cars; or
b. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first day of any month during the water emergency; or
c. 
Any other water use restriction specified by the governing body in the resolution required by subsection 12-12.1 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited iii application to that portion of the township and/or surrounding areas, which may include the entire township and surrounding areas outside the township serviced by the public utility, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with subsection 12-12.1 of this section.
The resolution of the governing body required by subsection 12-12.1 of this section shall, in addition to complying with subsection 12-12.1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, It shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If. at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist. It may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 12-12.5 of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
After a first offense in accordance with subsection 12-12.4 of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this section, shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for 30 days or both.
Where the Township of Roxbury has jurisdiction and has provided for the installation of a sanitary sewage collection and transmission system through any public or private street, roadway, highway or easement ("Public Sewer System"), all owners of any 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, shall disconnect from and cease utilization of any existing on-site individual sewage disposal system, and shall cause any on-site sewage collection and transmission facilities to be connected to the above referenced public sewer system. The connection to the public sewer system and disconnection from the on-site sewage disposal system shall be done in a manner that is in compliance with the ordinances, rules and regulations of the Roxbury Township Health Department such departments and agencies having jurisdiction and authority in the matter, as well as any and all other Federal, State, county or local laws and regulations which may be applicable.
The disconnection of an existing individual on-site sewage disposal system shall be done in the following manner and within six months of the connection to the public sewer system:
a. 
All septic tanks, seepage pits and distribution boxes shall have the contents removed or properly disposed of in a manner approved by the Roxbury Township Health Department.
b. 
The Roxbury Township Health Department, upon notification by the property owner, will provide for an official inspection of the abandonment and filling of the septic tanks, seepage pits and distribution boxes.
c. 
All septic tanks, seepage pits and distribution boxes shall be closed and abandoned in accordance with the National Standard Plumbing Code in force in the Township of Roxbury.
d. 
After the official inspection the filling and compacting shall resume until all voids have been completely filled and a soil density equal to that of the surrounding soil has been achieved and water packed as necessary.
e. 
The rules, procedures and time elements contained within this section are an approved method for public sewer connection, how-ever, they shall not preclude applications to vary from such standards that are petitioned by the property owner and approved in advance by the Roxbury Township Health Department. Any such grant of an extension of time by the Roxbury Township Health Department shall not exceed 60 days.
f. 
Under no circumstances shall alternative uses for septic tanks or related appurtenances be permitted. Those prohibited uses shall include but not be limited to connection of roof leaders or any source of water runoff, rain water or waste water from any and all sources, and shall also include the discharge or storage of any type of chemical or waste materials.
Where any house, building or structure of any type is constructed after the date of the commencement of operations of the public sewer system, any house, building or structure must connect to the public sewer system prior to the issuance of a certificate of occupancy by the Township of Roxbury.
Whenever a sewer main and/or lateral is installed in any public or private street, roadway, highway or easement, all owners of any property, including but not limited to residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement shall connect to the water main and/or lateral within 180 days after service of notice of availability of sewer service. Notice of availability of sewer service shall be provided by the Township of Roxbury which shall be served upon the owner of the property personally, by leaving it at his usual place of abode with a member of his family above the age of 18 years, or by mailing such notice by certified mail, return receipt re-quested, to the owner's last known post office address as shown on the tax records of the Township of Roxbury.
Should the owner of any property fail or neglect to connect to the public sewer system pursuant to subsections 12-13.1, 12-13.2 and 12-13.3 herein above, the owner of the property shall be provided a delinquent notice by the Township of Roxbury. Connection to the public sewer system shall thereafter be made within 30 days after service of the delinquent notice. The delinquent notice shall be served upon the owner of the property personally, by leaving it at his usual place of abode with a member of his family above the age of 18 years, or by mailing such notice by certified mail, return receipt requested, to the owners' last known post office address as shown on the tax records of the Town-ship of Roxbury.
The provisions of the section shall be enforceable by the Town-ship of Roxbury through its respective designee (s), which shall include but not be limited to the township manager, health officer and director of public works, of the Township of Roxbury.
Any property owner who shall violate this ordinance by failing to comply with any of its provisions within 30 days after service of the delinquent notice pursuant to subsection 12-13.4 may be subject to a fine of twenty-five ($25.00) dollars for the first day of noncompliance, and a fine of ten ($10.00) dollars per day for each day of noncompliance thereafter. Each day after the expiration of the 30 days in which the provisions of this section are not complied with shall be deemed and taken to be a separate and distinct offense.
As used in this section, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
BUILDING
shall mean any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes or occupancy by persons, whether temporary or permanent or in which water is used for human consumption or otherwise.
CONNECTION DATE
shall be with respect to a building constructed prior to the date of initial operation of a water line available to serve said building which is owned or operated by the township or by a private utility authorized to do business in the Township of Roxbury, shall mean the 90th day next ensuing after the water line is available to serve said building. Any building built after the date when a water line is available to serve said building shall connect to such water line at the time such construction is completed and prior to occupancy.
DISCHARGE
shall mean the releasing, spilling, leaking, pumping, pouring, emitting, employing or dumping of a pollutant into the waters of the State or unto land or into wells from which it might flow or drain into said waters, and shall include the release of any pollutant into a municipal treatment works.
POLLUTANT
shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, mini-tions, chemical wastes, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal or agricultural waste or other residue dis-charged into the waters of the State.
TOXIC POLLUTANT
shall mean those pollutants, or combinations of pollutants including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assumption into any organism either directly or indirectly by ingestion through food chains will be the issue of information available to the commissioner, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction or physical deformation in such organisms or their offspring.
WATERS OF THE STATE
shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of this State or subject to its jurisdiction.
WATER LINE
shall mean any pipe or conduit designed or used for the transmission of potable water within the township, whether owned and operated by the township itself, the Township of Roxbury Utilities Authority or any regulated public utility authorized to supply water for domestic and other purposes within the Township of Roxbury.
The owner of any building or lot which the department of environmental protection has declared, in writing to the Township of Roxbury and/or to the owner thereof, to have been adversely affected or polluted by hazardous or toxic substances or potentially adversely affected or polluted by hazardous or toxic substances, emanating from a toxic spill or discharge which has upon it, for use in connection with domestic or non-domestic purposes, a well or wells, the water of which either has been contaminated or is exposed to a high potential of contamination shall, when a public water supply is made ready and available for hook-up in the street upon which said lot or building fronts, within 250 feet of said lot or building, whichever is greater, do the following:
a. 
Cap and fill, so as to permanently destroy any water producing capacity of any well located upon said premises, whether used for domestic or non-domestic purposes, within 30 days after such time as public water, as referred to in subsection 12-14.5 below, has been hooked up to said building or within 60 days of notice received to hook into said public water supply as hereinafter set forth, whichever first occurs. This section shall not become effective in any department of environmental protection declared well restriction area until the environmental claim administration of the New Jersey Department of Environmental Protection determines to contract by public bid for the capping and filling of all wells in the restriction area. However, this section shall become effective in the event the ECA determines not to contract for such cap-ping of wells or fails to provide for the public bidding for contracts for the capping services within six months of the installation of the last water lines in the designated well restriction area.
b. 
Hook into the public water supply so that said public water supply shall be used for all domestic purposes, dwelling purposes or for any purpose relating to human occupancy within 60 days of notice being given to said owner. Nothing contained in this subsection shall prevent the use of said public water supply for uses other than domestic.
Every connection required by this section shall comply in all respects to the Plumbing Code of the Township of Roxbury, Uniform Construction Code, or such other code as shall be in force and effect at the time connection is required.
Upon receipt by the board of health of notification from the appropriate agency or department within the Township of Roxbury or from the private utility authorized to do business in the township that any water line is available to serve buildings on any properties in the township as described in subsection 12-14.2, above, the board of health or such other agency or department within Roxbury Township shall order each owner of a building within 250 feet of the water line or of a lot within 250 feet of such water line, to connect each building on such property with the said water line in accordance with the terms of this section.
The board of health of the Township of Roxbury shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to subsection 12-14.4. Such notice shall be addressed to the owner of said property as the name of the owner appears in the last tax duplicate of the Township of Roxbury and shall describe the property by lot and block designation as the same appears in the tax map of the Township of Roxbury and by the street address if a street address exists. The notice shall state that by order of the board of health the owner is required to connect each building on said property with the water line in accordance with the terms of this section on or before the connection date with respect to such building, or if such connection date shall have passed within 60 days after service of such notice as herein provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this section. Said notice may also be served within or without the limits of the Township of Roxbury by mailing the same by certified mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Roxbury. Said notice may be served on the owner personally or by leaving it at the usual place of abode with a member of his family above the age of 18 years.
a. 
In the event any person or corporation shall not have connected the building or buildings on his or its property to an available water line after the connection date and after the 30 day notice sent to such person or corporation under subsection 12-14.5 of this section, such person or corporation shall, upon conviction thereof, be fined one hundred ($100.00) dollars. An additional fine of fifty ($50.00) dollars shall be imposed for each day of delay after the expiration of the 30 days in which the provisions of this section are not complied with.
Penalties under this section shall be enforced by the municipal court of the Township of Roxbury.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 4-89 and 29-90.
The Township of Roxbury does hereby establish a connection fee relative to each connection of any property to the Roxbury Township Sanitary Sewer System. Said fee shall be imposed upon the owner of the property seeking approval for such connection or such person or entity authorized in writing by the owner to apply for and obtain a sewer connection.
a. 
The township council finds that it is in the best interests of the township to establish a priority list so that property owners desiring to connect to the system can pay for said connections and receive priority in and to the allocation of capacity available, subject, however, to the rights and interests of the township to control the allocation of said capacity in the best interests of the township and its residents in order that said reservation of capacity is not irrevocably committed to a proposed user who may not construct and/or build a project using part of the capacity available for distribution.
b. 
The connection fee imposed shall be for each individual EDU and the amount of the connection fee shall not exceed an amount computed in the following manner (which is in accordance with N.J.S.A. 40A:62-78 Notes of Decision #6 and N.J.S.A. 40A:63-7 Notes of Decision #5) to represent a fair payment towards the cost of the system.
1. 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and the interest therein, paid by the township to defray the capital cost of developing the system as of the end of the immediately preceding fiscal year of the township shall be added to all capital expenditures made by the township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding fiscal year of the township.
2. 
Any gifts, contributions or subsidies to the township received from, and not reimbursed or reimbursable to any Federal, State, county or municipal government or agency or any private person, and that portion of amounts paid to the township by the public entity under a service agreement or service contract which is not repaid to the public entity by the township, shall then be subtracted.
3. 
The remainder shall be divided by the total number of service units served by the township at the end of the immediately preceding fiscal year of the township, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector. In attributing service units to each connector, the estimated average daily flow of sewage for the connector shall be divided by the average daily flow of sewage from the average single family residence in the township's district, to produce the number of service units to be attributed. The service unit mentioned herein shall be otherwise known as an Equivalent Dwelling Unit (EDU).
c. 
The owner or such other person or entity authorized in writing by the owner to apply for and obtain a connection to the Roxbury Township Sanitary Sewer System shall pay a connection fee to the Township of Roxbury based upon the number of Equivalent Dwelling Units (EDUs) attributable to that connector.
d. 
Effective the date of this subsection, the connection fee to be paid to the Township of Roxbury shall be six thousand eight hundred seven ($6,807.00) dollars per Equivalent Dwelling Unit (EDU) including any proportionate fraction thereof. The connection fee to be hereinafter imposed shall be six thousand eight hundred seven ($6,807.00) dollars per Equivalent Dwelling Unit (EDU) unless this amount is changed by an amendment to this subsection in accordance with law. The minimum connection fee per unit shall be based on one full EDU and shall be six thousand eight hundred seven ($6,807.00) dollars. In order to determine the appropriate number of equivalent dwelling units per application for nonresidential users, the Projected Flow Criteria as defined in the New Jersey Administrative Code, section 7:14A-23.3, shall be utilized.
e. 
The following are sample calculations for determining connection fees for connecting to the Roxbury Township Sanitary Sewer System:
1. 
Residential sample calculations - All residential single family dwelling units, including detached houses, each unit in multi-family dwellings, garden apartment units, townhouse or condominium units, are deemed to be one Equivalent Dwelling Unit (EDU). For example:
(a) 
Single family detached house:
1 EDU
x
$6,807.00
———
EDU
=
$6,807.00
(b) 
A multi-family dwelling with three units:
3 EDU
x
$6,807.00
———
EDU
=
$20,421.00
(c) 
Two buildings of garden apartments, townhouses, or condominiums, with eight units per building:
8 units
———
building
x 2 buildings x
1 EDU
———
unit
x
$6,807.00
————
EDU
= $108,912.00
2. 
Nonresidential sample calculations - In all non-residential uses, the Projected Flow Criteria as defined in the New Jersey Administrative Code, section 7:14A-23.3 shall be used in order to determine the anticipated gallons per day of wastewater flow which shall then be computed at the rate of six thousand eight hundred seven ($6,807.00) dollars per 265 gallons of wastewater flow per day (1 EDU). For example:
(a) 
A 20,000 square foot office building or shopping center with a projected flow criteria of 0.1 gallons/sf/day:
20,000 sf x 0.1g/sf/day x
1 EDU
———
265g/day
x
$6,807.00
———
EDU
+ $51,372.43
(b) 
A fast food restaurant with 70 seats and a projected flow criteria of 15 gallons/seat/day:
70 seats
x
15 gal/day
———
seat
x
1 EDU
———
265g/day
x
$6,807.00
————
EDU
= $26,970.52
(c) 
In no event shall the minimum connection fee as outlined above for any nonresidential building be less than six thousand eight hundred seven ($6,807.00) dollars.
f. 
The connection fee shall be due and payable upon the filing of an application for a sewer connection permit with the Township of Roxbury on such forms and subject to such information, documentation, and data as may be required by the department of public works.
g. 
Any person may apply for a connection permit to the municipal sewer system under the following terms and conditions:
1. 
The application for a connection permit shall be on a form as provided by the director of public works.
2. 
The applicant must conform to all other regulations set forth in this section, and all other applicable ordinances of the township, and nothing herein shall be deemed to alter, change, or amend the various provisions of the Roxbury Township Ordinances nor other general laws of the State of New Jersey involving the use of public sewers.
3. 
No sewer connection permit shall be traded, sold, transferred, or otherwise entitle any person to connect, except for the specific lot and block, or unit or building number, for which said permit was issued. In the event of the sale of the lot, unit, subdivision and/or site plan for which a sewer connection permit has been issued, but not yet connected, the applicant shall notify the township and request an amended permit listing the new owner, and a revised permit shall be issued to the new owner of record.
4. 
A sewer connection permit may aggregate all of the proposed lots in a subdivision and/or units in a site plan, but the specific number of connections sold shall be set forth on said permit.
5. 
Payment of any sewer connection fee is expressly in addition to any other costs for constructing or installing any lateral, sewer extension, main or appurtenance to the sewer system, and inspection fees or other governmental charges required of the applicant in order to make said connection.
6. 
Subject to the right of the township to repurchase any sewer connection permit, as set forth in paragraph g, 7 below, the owner of any lot, parcel or tract of land on the township where construction or extension of public sewer is permitted by law, may purchase sewer connection permits for said lot, parcel or tract. The maximum number of permits which may be purchased shall not exceed the maximum number of residential Equivalent Dwelling Units (EDU's) or nonresidential Equivalent Dwelling Units (EDU's) which could be constructed on the lot, parcel or tract under the applicable density, zoning, use and performance standards and provisions of the said development ordinance. The number of sewer connection permits necessary to equal said maximum number of dwellings or units shall be calculated in accordance with the provisions of this subsection of this section, and in the event of a dispute as to said number, the director of public works shall determine the maximum number of sewer connection permits which may be purchased, and said determination shall be final.
The issuance of said sewer connection permits does not in any way constitute approval to construct said units and the township by issuing said permits does not warrant or guarantee that the use proposed will in fact be approved, or that the applicant will receive approval to construct the number of units for which permits have been purchased, nor does the issuance of any permit replace, alter, or supersede any approval, without limitation, otherwise required or which may in the future be required, for the construction, development of use of said lot, parcel or tract.
If not previously purchased in accordance with the provision above, it shall be a condition of minor or preliminary major subdivision and/or minor or preliminary major site plan, or any other approval required pursuant to the Roxbury Township Land Use Ordinance, for any use or development of land in the township that proposes or is required to construct or connect units or structures to the public sewer system including all other residential and nonresidential units which may not require Land Use approval pursuant to the provision of N.J.S.A. 40:55D-1 et seq. or any other applicable law and including single family residential dwelling units, that within 30 days of the date of said approval, if required, but in no event prior to the issuance of a building permit for the subject property as to all proposed uses, the applicant shall purchase the number of sewer connection permits to equal the number of residential Equivalent Dwelling or nonresidential Equivalent units for which approval has been granted. Any sewer connection permits so issued are expressly subject to the right of the township to repurchase said permits as set forth in paragraph g7 below.
7. 
At such time as the committed allocation of the municipal sanitary sewage system equals 75 percent of the total permitted allocation available for the municipal sanitary sewage system, and at any time thereafter, the township may elect, at the township's sole option, to repurchase any connection permit which has been sold. This repurchase shall be accomplished by giving written notice to the record owner of said permit, stating the township's intention to repurchase within six months from the date of said notice. In the event that the unit or units for which the connection permits were issued are not physically connected to the sewage system within said six month period, said repurchase shall be completed by the payment by the township of the original sewer connection fee paid by the applicant, together with interest on said connection based on the lowest rate of interest received by the township from its Sewer Operating Money Market Account during the time period said connection fee amount was held on deposit by the township, but in no event greater than five and one-fourth percent per annum.
At the time the township tenders said payment, the sewer connection permits repurchased shall be null, void and of no legal effect, and the township shall be free to sell new permits covering the capacity which has been reserved under the repurchased permits.
8. 
In no event shall a connection permit be issued unless and until payment in full for same has been received by the township.
h. 
Priority list. The Roxbury Township Director of Public Works, shall maintain a sewer priority list, which shall list by name, and in the order in which said permits were granted, by date, the owners of said permits, lots and blocks, and unit numbers involved, and the estimated gallons per day of the sewerage anticipated to be generated by the said connection or connections. While the said permits are in effect, capacity shall be reserved for said connection or connections, subject to the right of the township to repurchase said permits in accordance with paragraph g7 above.
i. 
Permit form. The sewer connection permit shall be on a form as established by the township, which shall contain the provisions of this section, consented to and signed by the applicant.
j. 
Prior sewer connection permits unaffected. The provisions of this subsection shall not affect the rights of any person to whom a sewer connection permit has been granted, prior to the effective date of this subsection. However, in the event capacity is being reserved for a lot or lots, but the sewer connection fee has not been paid and the sewer connection permit not issued, the owner shall pay the sewer connection fee for all said lots or units within 90 days of the effective date of this section, otherwise said capacity shall no longer be reserved for said development.
a. 
Purpose. The township council of the Township of Roxbury does hereby determine that it will be economical and in other respects advantageous to it to have sewage and other wastes originating within it treated and disposed of by the Musconetcong Sewerage Authority, on and pursuant to the terms of the contract authorized by this ordinance.
b. 
Agreement executed. The municipality shall enter into an agreement with the Authority providing for and relating to the treatment and disposal of sewage and other wastes and the cost and expense of such treatment and disposal, upon the terms and conditions and substantially in the form set forth in the agreement dated as of July 1, 1993, on file in the office of the clerk of the municipality, entitled: "Agreement between The Musconetcong Sewerage Authority and The Borough of Mount Arlington and the Township of Mount Olive and the Township of Roxbury, in the County of Morris, each a municipal corporation of the State of New Jersey situate in the County of Morris" (such additions and deletions as may be approved by the mayor, such approval to be conclusively evidenced by the execution and delivery thereof by the mayor), and the mayor shall be and hereby is authorized and directed on behalf of the municipality to execute said agreement under the corporate seal of the municipality which shall be impressed and attested by the clerk of the municipality, and to deliver the same. The mayor and the clerk of the municipality are hereby authorized, empowered and directed to do all things necessary, useful or convenient in connection with the authorization, execution and delivery of said agreement (the "Agreement").
c. 
Copies on file. Copies of the agreement are on file in the office of the clerk of the municipality located at 72 Eyland Avenue, in the municipality and will be made available to members of the general public who shall request the same.