[1978 Code § 12-1; Ord. No. 797; Ord. No. 833]
The State Standards for Individual Subsurface Sewage Disposal
Systems Code of New Jersey, N.J.A.C. 7:9A-1.1 et seq. adopted by this
section is intended for use where a public sewage disposal system
is not available.
[1978 Code § 12-1.1; Ord. No. 797; Ord. No. 833; Ord. No. 07-14 § XI]
As used in this section:
a.
The State Standards for Individual Subsurface Sewage Disposal Systems
Code of New Jersey, N.J.A.C. 7:9A-1.1 et seq., hereinafter referred
to as the "State Code" shall mean and refer to that certain State
Code approved by the State of New Jersey on July 28, 1989 for adoption
by reference by the municipalities in accordance with law, being a
code regulating:
b.
ADMINISTRATIVE AUTHORITY
BOARD OF HEALTH
As used in the State Standards Individual Sewage Disposal System
Code of New Jersey (1989):
Shall mean and refer to the Sussex County Health Department.
Shall mean and refer to the Sussex County Health Department.
[1978 Code § 12-1.2; Ord. No. 797; Ord. No. 833; Ord. No. 07-14 § XI]
a.
Pursuant to law there is hereby established and adopted as the Individual Sewage Disposal System Code of the Township of Sparta, the whole of the State Standards for Individual Subsurface Sewage Disposal Systems Code of New Jersey (1989), N.J.A.C. 7:9A-1.1 et seq., as defined in Subsection 20-1.2a, same and except such portions thereof as are changed or modified by the provisions of Subsection 20-1.4.
b.
The State Standards for Individual Subsurface Sewage Disposal Systems
Code of New Jersey (1989) is hereby incorporated in this section by
reference and made a part hereof as fully as though it had been set
forth herein at length.
c.
In accordance with law, 10 printed copies of the State Standards
for Individual Subsurface Sewage Disposal Systems Code of New Jersey
(1989) have been placed on file in the office of the Township Clerk
and in the office of the Sussex County Health Department and shall
remain on file in these offices for the use and examination of the
public so long as this section shall remain in effect.
[1978 Code § 12-1.3; Ord. No. 797; Ord. No. 833]
a.
Blasting. No blasting will be permitted in the proposed disposal
area.
[1978 Code § 12-1.4; Ord. No. 797; Ord. No. 833; Ord. No. 07-14 § XI]
a.
No person shall locate, construct or alter any sewage disposal system
until a permit for the location, construction or alteration of said
sewage disposal system shall have been issued by the Sussex County
Health Department.
b.
Where new construction is involved, no building permit shall be issued
for the construction of any building requiring a sewage disposal system
until a permit is obtained pursuant to the terms of this section.
In no case shall construction of a building be begun until such permit
is obtained.
c.
All permits to construct, alter or repair an individual sewage disposal
system shall expire one year from the date of issuance.
[1978 Code § 12-1.5; Ord. No. 797; Ord. No. 833]
In case any permit, license or certification required by this
section is denied by the Sussex County Health Department, a hearing
shall be held thereon before the Township Manager.
[1978 Code § 12-1.6; Ord. No. 797; Ord. No. 833; Ord. No. 07-14 § XI]
If the Sussex County Health Department finds that any individual
sewage disposal system is being erected or installed in violation
of the State Code or this section, he may order that:
a.
All further work be stopped forthwith, except such work as shall
be necessary to remedy such violation; and
b.
After the violation has been remedied, the work may be continued
not in violation of any of the provisions of the State Code.
|
After issuance of any such order and the service of a copy thereof
upon any person connected with or working in or about the erection
or installation of any such individual sewage disposal system, or
any part thereof, no further work shall be done thereon except in
compliance with and as authorized by this order.
|
[1978 Code § 12-1.7; Ord. No. 797; Ord. No. 833; Ord. No. 03-08 § 6; Ord. No. 07-14 § XI; amended 11-22-2022 by Ord. No.
22-16]
The fees and charges under this chapter shall be as follows:
a.
Application:
1.
For the filing of an application for each soil log/soil test required
for the construction, alteration or repair of an individual sewage
disposal system, to be witnessed and recorded by a representative
of the Sussex County Health Department, the fee shall be $25 per hole.
2.
For the review of an application and plans to construct, alter or
repair an individual sewage disposal system, after the initial review,
which is necessary because of applicant's failure to submit an application
and plans that conform to the required State Law and Regulations and
local ordinances the fee shall be $25.
b.
License. For the issuance of a license to operate subsurface sewage
disposal system in accordance with N.J.A.C. 7:9-3.14, the fee shall
be $15.
[1978 Code § 12-2.1; Ord. No. 02-27 § 1]
As used in this section:
Shall mean any duly authorized representative of the owner.
Shall mean that part of a sewerage drainage system which
begins at the inner wall surface of a building and extends five feet
therefrom to the outside of the building.
Shall mean all pipes or conduits other than service connections
connecting with the sanitary sewer system.
Shall mean a person other than the owner occupying or in
possession of premises within the area of the sewer region.
Shall mean a person owning or listed as owner in the tax
records of the Township of premises in the sewer district.
Shall mean all of those properties located within the Plaza
Sewage District as established on a map on file in the office of the
Township Clerk and Township Engineer.
Shall mean a main not owned by the Township running on private
property and used to collect sewerage from two or more premises.
Shall mean pipes connected from a building sewer to a main.
Shall mean the area designated on a map prepared by the Township
Engineer and approved by the Township Council where a sanitary sewer
system is available.
Shall mean all of those properties located within the Town
Center Sewage District as established on a map on file in the office
of the Township Clerk and Township Engineer. Said map is dated July
1998 and entitled "Sparta Township Wastewater Management Plan Plate
VI-B Selected Wastewater Management Plan - Supplemental Map for Sparta
Town Center Sewer Service Area," as the same shall be from time to
time hereafter amended and supplemented.
[Ord. No. 02-27 § 2]
There are hereby established two sewer districts in the Township
of Sparta which shall be designated the Plaza Sewage District and
the Town Center Sewage District. Connection fees and user charges
for properties receiving sewer service within each sewage district
shall be as established in this chapter.
[1978 Code § 12-2.3; Ord. No. 02-27 § 3]
Where a sewer connection is to be made or replaced, an application
shall be filed with the Township Engineer stating:
a.
Name and address of the owner;
b.
Name and address of any occupants of the premises where the owner
is not the sole occupant;
c.
Address or location of the premises;
d.
Type of business or occupancy planned on the premises;
e.
Estimate of the amount of sewage to be discharged from the building
during a year;
f.
Plan for the proposed work;
g.
Name and address of the contractor doing the work.
h.
For those properties located in the Town Center Sewage District,
proof of payment to the SCMUA of all currently applicable connection
fees and charges to the Sussex County Municipal Utilities Authority.
[1978 Code § 12-2.4; New]
a.
All taps into mains must be made by the Township under the supervision
of the Township Engineer but the owner shall make such excavations
as are required.
b.
All other work must be done under the supervision of a licensed plumber
or sewage disposal contractor licensed by the Township.
c.
The service connection will be installed at the expense of the owner.
d.
Building sewers and service connections must be a minimum of four
inches in diameter and constructed of heavy or medium heavy cast iron,
PVC (polyvinyl chloride), ductile iron, or other material as approved
by the Township Engineer. The Township Engineer may require a larger
diameter under special circumstances.
e.
The service connection must be buried at least two feet below the
surface of the ground and must be laid with a fall of 1/4 inch to
the foot.
f.
A standard cleanout must be installed inside the building wall to
make the service connections accessible from the building to the main.
g.
The owner and the occupant must repair any damage to or leak in a
service connection or remove any stoppage therefrom within three days
after notification by the sanitarian and in the event of failure to
do so, the Township may make necessary repairs and charge the cost
thereof to the owner and occupant, such charges to be collected as
provided for other charges herein.
h.
No storm water, or water from air conditioners shall be discharged
in the sanitary sewer system.
i.
If in the judgment of the Township Engineer, a new connection will
dangerously overload the sewer system, a building permit involving
the proposed connection shall not be granted.
j.
No person shall discharge nor permit any other person to discharge
into the sewer system any acid, poisonous, explosive, or other volatile
or dangerous material which is liable to damage the service connections,
mains or sewage treatment plant.
k.
No trench shall be backfilled with rock or other material which may
damage the service connection or mains involved and a street opening
permit must be obtained where required.
l.
No septic tanks shall be connected to the sanitary sewer system.
m.
All existing users shall file an application showing where applicable the data required by Subsection 20-2.3.
n.
The Township Sanitarian, the Township Engineer and other employees
designated by the Township Manager shall have the right to enter premises
using sewer facilities for the purposes of making inspections, repairs,
or reading water meters.
o.
The sewer main and sewer lateral from the main to and including the
cleanout shall be owned and operated by the Sparta Municipal Sewer
Utility. The cleanout shall be located within the Township right-of-way.
All sewer facilities upstream of this cleanout shall be under the
ownership and operation of the property owner.
[1978 Code § 12-2.5; Ord. No. 02-27 § 4; Ord. No. 09-15 § 1]
The following Township schedule of charges for the use of sewer
utility facilities shall apply:
a.
For those properties located in the Plaza Sewer District: $17.44
per 1,000 gallons of water consumption, plus a minimum quarterly fee
of $100.
b.
For those properties located in the Town Center Sewage District:
$17.44 per 1,000 gallons of water consumption, plus a minimum quarterly
fee of $100.
c.
All user charges shall be prorated from the date of connection commencing
as of the first day of the month following the actual connection of
the property to the municipal sewer system.
d.
Those properties located in the Town Center Sewage District shall
also pay all currently applicable fees and charges to the Sussex County
Municipal Utility Authority.
[1978 Code § 12-2.5; Ord. No. 02-27 § 5]
Sewer charges in the Plaza Sewer District shall be based upon
the consumption of water measured by the water meter of the Sparta
Township Water Utility installed on the premises. Where other water
sources are connected to the sewer system, the consumer shall install
a separate approved meter on the building sewer at his own expense.
Any consumer may, at his own expense, install such a meter with the
approval of the Township. Such installations shall be made under the
supervision of the Township.
[1978 Code § 12-2.5; Ord. No. 02-27 § 6; Ord. No. 11-8 § 1]
The Sewer Utility of Sparta Township will prepare bills setting
forth sewer charges and send them to its customers through the US
Postal System. Bills that are not delivered by the US Postal System
shall, nevertheless, remain due and owing. The payment, or nonpayment
of utility bills is the sole responsibility of the customer.
a.
All payments of sewer rents shall be made no later than the due date
on the bill. All bills not paid by the due date will be subject to
a 10% penalty, which shall be added to the amount of the bill and
collected as other charges.
b.
All bills shall be due no later than the due date set forth on said bill. To avoid additional charges such as on and off fees, payments for delinquent water/sewer accounts must be paid before 4:30 p.m. on the scheduled shut-off day. If the payment is not received by this time and date, the sewer will be disconnected in accordance with Subsection 20-2.7d and any associated fees will be imposed.
c.
Charges for both connection and use shall be payable to the Township
of Sparta Water/Sewer Utility. The Township shall have the same remedies
for the collection charges with penalties and costs as the collection
of taxes upon real estate.
d.
In the event that a bill remains unpaid for 30 days or more after
the due date of such bill, the Department may discontinue sewer service
to the property for which the sewer bill is due, provided that the
Department has complied with the following procedure:
1.
A delinquent notice shall be sent to the account stating that service
will be discontinued because the bill remains unpaid for 30 days.
This notice shall be deemed satisfactory if sent as follows:
2.
The Township may also deliver this notice to the physical address
or phone the account if that number has been provided to the Utility
Collector.
3.
The notice must be postmarked at least 10 days prior to the date
of the discontinuation of service; and
4.
In the event that the delinquent account is that of a landlord/tenant
situation, then the tenant will have the option of paying the delinquent
bill.
Where a tap is required into an existing sewer main, a tap-in
application fee of $100 shall be charged. The applicant shall also
pay the service connection construction cost fee of $1,800. Any additional
costs incurred by the Sparta Sewer Utility, above the fees listed,
as a result of certain subsurface or above grade conditions or constraints,
shall be borne by the applicant. The service connection construction
cost fee shall be for the service connection from and including the
fitting at the main to and including the cleanout, located in the
vicinity of the property line or edge of pavement, as determined by
the Township Engineer. The applicant shall have the option to install
the service connection with their means at their cost.
[1978 Code § 12-2.5]
Where a meter is out of order or cannot be read for any other
reason, the owner or occupant shall be billed at the average of his
consumption for the four preceding quarters.
[1978 Code § 12-2.5]
The parties responsible shall be liable for any damage to mains
or the sewage treatment plant caused by a violation of regulations.
[1978 Code § 12-4.1]
There is hereby established in the Township a public sanitary
sewer system which shall be designated as the "Sparta Township Sanitary
Sewer System."
[1978 Code § 12-4.2]
The said sewer system shall be operated by the Township as a
Municipal Public Utility as defined in and subject to the provisions
of Title 40A of the New Jersey Statutes and all fees and charges received
by the Township in connection therewith shall be kept in a fund separate
from other Township revenues to be used only for the purpose of such
municipal utility.
[1978 Code § 12-4.3]
The sanitary sewer system shall include all public sanitary
sewer facilities which the Township may from time to time construct,
acquire and/or maintain for the purpose of the collection, treatment
and disposal of sewage.
[1978 Code § 12-4.4]
As used in this section:
Shall mean (in the absence of instruction from the owner
of any property or premise, or his duly authorized agent, to the contrary)
the occupant of any property or premises insofar as his relations
to the Department may be concerned, with respect to sanitary sewer
uses and existing services.
Shall mean the annual charge herein imposed for the use and
service of the system upon the owners of the building served thereby.
Shall mean that portion of service line which runs from the
curb vent or cleanout through the meter to the same buildings as exist
on the consumer's property.
Shall mean parties contracting for service to a property
as herein classified.
A building under one roof owned by one party in common enclosure,
occupied by one family or business, or;
A combination of buildings owned by one party in common enclosure,
occupied by one family or business, or;
The one side of a double house owned by one party having a solid
vertical partition wall, or;
A building owned by one party having more than one apartment
and using in common one hall and one entrance, or;
A building owned by one party having a number of apartments,
stores, and offices and using in common one hall and one or more means
of entrance.
Shall mean the area along the service line where a lateral
connects with a line running from the consumer's premises. Said point
is the area where municipal responsibilities end and consumer responsibilities
begin. The curb vent or clean-out shall usually be located adjacent
to the curb abutting a street servicing the consumer's premises.
Shall mean the Sparta Township Sanitary Sewer System and
such employees as there are employed therein.
Shall mean solid waste from the preparation, cooking, and
dispensing of food and from the handling, storage and sale of produce.
Properly shredded garbage shall mean garbage which has been shredded
so that no garbage particles will be greater than 1/2 inch in any
dimension.
Shall mean a receptacle designed to separate and retain grease,
oil and other fatty substances from wastes.
Shall mean a subsurface disposal system designed and constructed
to treat sewage in a manner that will retain most of the settleable
solids in a watertight tank and to discharge the liquid portion to
an adequate disposal bed. The term shall include septic tanks, cesspools,
and seepage pits.
Shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
Shall be construed to mean rates or charges to be assessed
for sewer based upon either the quantity of water used as measured
by an approved water meter or alternatively, the quantity of sewage
flow measured by an approved sewage flow meter.
Shall be construed to mean any person, persons, firm, corporation,
or association actually owning any property or premises or his or
their duly authorized agent, which is or can be prospectively supplied
with sanitary sewer service.
Shall mean any sewage process or processes that are required
to provide a discharge to sewers that will conform to the requirements
of these rules and regulations promulgated by the United States Environmental
Protection Agency and the New Jersey Department of Environmental Protection.
Shall mean a person licensed to practice professional engineering
in the State of New Jersey.
Shall mean a line used to supply a single physical unit which
is nondivisible and no consumer shall be supplied by more than one
service line unless agreed upon between the consumer and the Department.
A service line consists of the lateral and the building connection
as defined in this section.
Shall mean that portion of the service line which runs from
the main line to the curb vent or clean-out.
Shall mean the lines laid in and along the streets and through
private rights-of-way.
[1978 Code § 12-4.5]
The Sparta Township Sewer Department shall have complete supervision
and control of the construction, operation and maintenance of the
sanitary sewer system of the Township.
[1978 Code § 12-4.6; Ord. No. 834; Ord. No. 02-03 § I; Ord. No. 02-27 §§ 7, 8; Ord. No. 06-01 § 1; Ord. No. 14-01; Ord. No. 2015-04; Ord. No. 2016-06; amended 5-14-2019 by Ord. No. 19-01; 6-25-2019 by Ord. No. 19-06; 1-25-2022 by Ord. No. 2022-02; 4-11-2023 by Ord. No. 2023-05]
a.
Owners Bounding System and in Proximity to System. Owners of premises
located within the Plaza Sewage District or the Town Center Sewage
District and bounding on a municipal sanitary sewer main or located
within 350 feet of an existing main may connect said premises with
the sanitary sewer system under the following circumstances:
1.
For those properties located within the Plaza Sewage District, if
there is currently sufficient unallocated sewage treatment capacity
to service the property.
b.
Owners of New Construction. Before occupancy of any new construction,
the owner of said premises shall connect said premises with the sanitary
sewer system existing at the time of any such occupancy, provided
that the subject premises bounds on a sanitary sewer main or is within
350 feet of an existing main. In the case of premises not bounding
on a main but within 350 feet thereof, such owner may avoid connection
if, in the opinion of the Township Engineer, the physical circumstances
would make an extension impractical.
c.
Health Protections.
1.
Unused buildings. An unused building connection shall not be connected
with the sewer system until the Sewer Department has inspected the
same, and has found it to be clean and to conform with the requirements
of this section.
2.
Demolished building. Upon the demolishing and razing of a building,
the connection shall be sealed in a manner to be approved by the Department,
at the expense of the property owner.
e.
Procedure for Connection Fees.
1.
The procedure for determination of connection fees shall be as follows:
(a)
The amount representing all debt service, including principal
and interest paid by the utility for all capital improvements for
the Plaza Sewage District shall be calculated at the end of the immediately
preceding calendar year in accordance with the provisions of the N.J.S.A.
40A:26A-11.
The amount representing all debt service, including principal
and interest paid by the utility for capital improvements to the Town
Center Sewage District shall be calculated as of the end of the immediately
preceding calendar year in accordance with the provisions of N.J.S.A.
40A:26A-11. For the year 2003, there shall be no Township connection
charge for any property connecting to the Town Center Sewage District.
(b)
An equivalent dwelling unit (EDU) shall be defined as a single
family residential dwelling unit. The wastewater flow generated from
a single family residential dwelling unit shall be assigned a value
of 1.00 EDU and the rate of flow in gallons per day is as defined
in Table I, below.
(c)
The number of equivalent dwelling units (EDU), as of the end
of the immediately preceding calendar year, serviced by the utility
shall be calculated by dividing the average daily wastewater flow,
contributed by its users, by the rate of flow assigned to 1.00 EDU.
(d)
The connection fee for the subsequent calendar year shall be calculated for a single EDU by dividing the debt service, defined under "a" by the total number of EDU, defined under Subsection e1(c).
(e)
The connection fee for a single family residential dwelling
unit shall be that for 1.00 EDU.
(f)
For connectors, other than single family residential dwelling units, the number of EDU attributed to that connector shall be calculated by dividing the estimated average daily flow of sewage for the connector by the average daily flow of sewage from an average single family residential dwelling unit, as defined in Subsection e1(b) and Table I.
(g)
The estimated average daily flow of sewage for the connector
shall be based upon metered water usage for the prior two years. If
metered water usage is not available, sewage flow shall be calculated
based upon Table I. If the specific type of use is not covered in
Table I, the sewage flow shall be estimated (based upon sound engineering
criteria and judgment) by the Township Engineer.
2.
Calculation of connection fees. Connection fees shall be calculated according to the procedure established in Subsection 20-3.6e1 above, pursuant to Table I, below.
|
TABLE 1 (Part 1 of 2)
| |||
|---|---|---|---|
|
Number of EDUs for the Purpose of Calculating Connection Fees
| |||
|
UNIT of Measurement
|
Gallons Per Day
|
No. Of EDUs
| |
|
SCHOOLS
| |||
|
Elementary (No showers/cafeteria)
|
Per person
|
10
|
0.04
|
|
W/cafeteria
|
Per person
|
15
|
0.06
|
|
W/cafeteria and showers
|
Per person
|
20
|
0.08
|
|
W/cafeteria, showers and laboratories
|
Per person
|
25
|
0.10
|
|
Boarding
|
Per person
|
75
|
0.30
|
|
AUTOMOBILE SERVICE STATIONS
| |||
|
(Additive)
|
Per filling position
|
125
|
0.50
|
|
Service bays
|
Per bay
|
50
|
0.20
|
|
Minimarket
|
Per square foot
|
0.100
|
*
|
|
MISCELLANEOUS
| |||
|
Stores, shopping centers and office buildings (gross area)
|
Per square foot
|
0.100
|
*
|
|
Factories (sanitary, per 8 hr. shift)
|
Per person
|
25
|
0.10
|
|
Factories (Sanitary, per 8 hr. shift) w/showers
|
Per person
|
40
|
0.16
|
|
Car washing (without recycling)
|
Standard
|
1500
|
6.00
|
|
Car washing (with recycling)
|
Standard
|
750
|
3.00
|
|
Laundries
|
Per washer
|
580
|
2.32
|
|
Bowling alley
|
Per alley
|
200
|
0.80
|
|
Picnic parks (restrooms only)
|
Per person
|
10
|
0.04
|
|
Picnic parks (w/showers)
|
Per person
|
15
|
0.06
|
|
Fairgrounds (based on average attendance
|
Per person
|
5
|
0.02
|
|
Assembly halls
|
Per seat
|
3
|
0.01
|
|
Airports
|
Per passenger
|
3
|
0.01
|
|
Churches
|
Per seat
|
3
|
0.01
|
|
Theatre
|
Per seat
|
3
|
0.01
|
|
Dinner theatre
|
Per seat
|
20
|
0.08
|
|
Catering/Banquet hall
|
Per person
|
20
|
0.08
|
|
Sports stadium
|
Per seat
|
3
|
0.01
|
|
Visitor center
|
Per visitor
|
5
|
0.02
|
|
The Township reserves the right to modify the number of gallons
and EDUs per unit of measurement assigned to any user based upon the
projected design flow for each application, or best engineering judgment
when allowing for multiple uses.
|
|
[*NOTE: 250 Gallons Per Day = 1 EDU; the number of EDUs shall
be determined by multiplying the area of the building (in square feet)
by 0.100 gpds/square feet, and dividing the resulting product by 250
gpd/EDU.]
|
|
The minimum connection fee charged other than for "Residential"
and "Deed Restricted Adult Communities" shall be 1 EDU. The connection
fee shall be based on Table 1 and rounded up to the next 0.25 EDU
— Examples: Calculated = 1.37 shall be rounded up to 1.50 EDU
for calculating the connection fee; 2.90 shall be rounded up to 3.0
EDUs.
|
|
TABLE 1 (Part 2 of 2)
| |||
|---|---|---|---|
|
Number of EDUs for the Purpose of Calculating Connection Fees
| |||
|
Unit of Measurement
|
Gallons Per Day
|
No. of EDUs
| |
|
RESIDENTIAL
| |||
|
Single family private dwelling
|
Per dwelling
|
250
|
1.00
|
|
Multiple dwellings
| |||
|
(Condos, Townhouses, etc.)
| |||
|
1 bedroom per dwelling
|
Per dwelling
|
140
|
0.60
|
|
2 bedrooms per dwelling
|
Per dwelling
|
200
|
0.80
|
|
3 bedrooms per dwelling
|
Per dwelling
|
250
|
1.00
|
|
DEED RESTRICTED ADULT COMMUNITIES
| |||
|
1 bedroom per dwelling
|
Per dwelling
|
110
|
0.44
|
|
2 bedrooms per dwelling
|
Per dwelling
|
170
|
0.68
|
|
3 bedrooms per dwelling
|
Per dwelling
|
225
|
0.90
|
|
TRANSIT DWELLING UNIT
| |||
|
Hotels
|
Per bedroom
|
75
|
0.30
|
|
Lodging houses and tourist homes
|
Per bedroom
|
60
|
0.24
|
|
Motel and tourist cabins
|
Per bedroom
|
60
|
0.24
|
|
Boarding houses (resident)
|
Per boarder
|
50
|
0.20
|
|
Hotel/condo units*
|
Per bedroom
|
*
|
*
|
|
CAMPS
| |||
|
Campground/mobile vehicle/tent/cabin (private bath)
|
Per site
|
200
|
0.80
|
|
Campground/mobile vehicle/tent/cabin (central bath, etc.)
|
Per site
|
100
|
0.40
|
|
Children's camps (Central bath, etc.)
|
Per person
|
50
|
0.20
|
|
Labor camps
|
Per person
|
40
|
0.16
|
|
Day camps (no meals)
|
Per person
|
15
|
0.06
|
|
RESTAURANTS (including washrooms)
| |||
|
Average type
|
Per seat
|
35
|
0.14
|
|
Bar/cocktail lounges
|
Per seat
|
20
|
0.08
|
|
Fast food restaurant (no table service)
|
Per seat
|
15
|
0.06
|
|
24-hour service restaurant
|
Per seat
|
50
|
0.20
|
|
Curb service/drive-in restaurant
|
Per car space
|
50
|
0.20
|
|
CLUBHOUSES
| |||
|
Residential type
|
Per member
|
75
|
0.30
|
|
Nonresidential
|
Per member
|
35
|
0.14
|
|
Golf course (including related facilities)
|
Per person
|
35
|
0.14
|
|
Racquet Club
|
Per court/hour
|
80
|
0.32
|
|
CLUBHOUSES
| |||
|
Pool/beach bathhouse w/shower
|
Per person
|
25
|
0.10
|
|
Pool/beach bathhouse w/o shower
|
Per person
|
10
|
0.04
|
|
INSTITUTIONAL
| |||
|
Hospitals
|
Each bed
|
175
|
0.70
|
|
Assisted living
|
Each bed
|
100
|
0.40
|
|
Other
|
Each bed
|
125
|
0.50
|
|
[*Hotel/condo units shall be evaluated upon information submitted
by the developer/municipality with emphasis on zoning and deed restrictions
imposed on the facilities. The Township's decision in its sole
discretion shall be final. In no event shall the connection fee be
less than the "hotel rate".]
|
|
UTILITY CAPITAL CONNECTION FEES
|
|---|
|
Cost Per EDU*
| |
|---|---|
|
Town Center Sanitary Sewer Collection System Sparta Local Connection
Fee
|
$11,802
|
|
* EDU = Equivalent Dwelling Unit = 250 gpd
|
3.
Affordable
Housing Connection Fees.
(a)
New connection. Public housing authorities, nonprofit organizations building affordable housing projects, and any other affordable housing, including affordable housing units in inclusionary projects, shall receive a 50% reduction in the connection fees established in § 20-3.6e1 for new connections to the sewer system.
(b)
Previously connected to system(s). Units previously connected to the Township's sewer system that were demolished or refurbished in order to allow for new affordable housing units and for which a sewer connection or tapping fee was previously paid shall receive a credit in the amount of the connection fee previously paid. However, the connection fee(s) shall be the lesser of the 50% reduced rate provided for in § 20-3.6e3(a) or the current nonreduced rate minus the credit for the connection fee previously paid. The affordable housing developer is responsible to provide evidence of the previously paid connection fee; failure to provide such proof of payment shall result in the developer paying the reduced rate provided for in § 20-3.6e3(a).
[1978 Code § 12-4.7]
a.
Sewer lateral connection/sewer main extension application procedure.
1.
The owner of any premises desiring to be connected to the sanitary
sewer system and/or construct a sewer extension or to make a change
in any existing connection to the sanitary sewer system shall make
an application in writing to the Sewer Department upon forms provided
by the Department.
2.
All connections from the sewer main to the curb and from the curb
to the premises shall be done at the expense of the property owner
and by a plumber duly licensed by the State of New Jersey. The application
shall provide the following information: The name of the plumber who
is to install the connection applied for, the tax map page, block,
lot, the address of the premises, and the purpose of the connection.
3.
An application for a sewer main extension shall be accompanied by
four sets of plans and specifications prepared and sealed by an engineer,
licensed by the State of New Jersey.
4.
The application for a sewer connection and/or sewer extension shall
be signed by the owner of the property, or by his authorized agent,
and shall be accompanied by the consent of the applicant to be bound
by all the provisions of this section along with the rules and regulations
adopted by the Township.
b.
Sewer connection permit and sewer main extension permit fees.
1.
All applications for a sewer connection to be made to the Sparta
Township Municipal Sanitary Sewer System shall be accompanied by a
permit fee of $100.
2.
All applications for a sanitary sewer extension, as required in accordance with Subsection a above entitled Sewer Lateral Connection/Sewer Main Extension Application Procedure, shall require the filing of four sets of plans and specifications to the Township Engineer for review and approval. All costs, fees, etc. associated with municipal, county, State, and Federal plan reviews, including approvals and inspections, shall be the responsibility of the applicant in addition to the sewer connection permit fees. In no instance shall the Department issue a sewer connection permit until concurrent approvals from State, county, and Federal regulatory agencies have been received by the Department.
c.
Street opening permit required.
1.
All excavations, trench work and tunneling work must be done by or under the supervision of a licensed plumber. Permits for road openings, where applicable, must be made to the Township before the issuance of a sewer connection permit and/or a sewer main extension permit in accordance with § 21-1, Street Openings and Excavations.
2.
The cost of this permit is not included in the sewer connection and/or
sewer main extension permit.
|
Additions to the foregoing charges shall be made where applicable,
as follows:
|
(a)
On State highways there shall be an added charge for any fees
that may be charged by the New Jersey Department of Transportation.
The applicant shall be responsible for paying the fees or charges
and the cost thereof shall be in addition to the sewer connection
and/or sewer main extension charge as defined in this section.
(b)
On County roads, the owner, or his designated agent, shall be
responsible for obtaining a County road opening permit and any charges
for excavation, inspection and repair of pavement as determined by
the Sussex County Engineering and Highway Department. Permits shall
be secured directly from the County and fees paid directly to the
county when required.
[1978 Code § 12-4.8; Ord. No. 07-14 § XI]
a.
Where a public sanitary sewer system is not available, the building's
sewer shall be connected to a septic tank or other individual sewerage
disposal facility and shall conform to the requirements of the Sussex
County Health Department. No septic tank or cesspool shall be permitted
to discharge to any public or private sewer system or natural outlet.
b.
At such time as the Department's sewer system becomes available to
a property serviced by an individual sewage disposal facility, direct
connection shall be made in compliance with these rules and regulations
and any septic tanks, cesspools and similar individual sewage disposal
facilities shall be abandoned and filled with suitable material as
required by the Sussex County Health Department.
[1978 Code § 12-4.9; Ord. No. 05-29]
a.
Purpose. The purpose of this subsection is to prohibit the spilling,
dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system (MS4) operated by Sparta Township so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
b.
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The work "shall" is always mandatory
and not merely directory.
1.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) – Shall mean a
conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Township of Sparta or other public body, and is designed and used
for collecting and conveying stormwater.
2.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
3.
STORMWATER – Shall mean water resulting from precipitation
(including rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by Sparta Township is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
d.
Exceptions to Prohibitions.
1.
Water line flushing and discharges from potable water sources.
2.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
3.
Air conditioning condensate (excluding contact and non-contact cooling
water).
4.
Irrigation water (including landscape and lawn watering runoff).
5.
Flows from springs, riparian habitats and wetlands, water reservoirs
discharges and diverted stream flows.
6.
Residential car washing water, and residential swimming pool discharges.
7.
Sidewalk, driveway and street wash water.
8.
Flows from fire fighting activities.
9.
Flows from rinsing of the following equipment with clean water.
(a)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage and exposed parts and does not
apply to engines or other enclosed machinery.
e.
Enforcement. This subsection shall be enforced by the Registered
Environmental Health Specialist of the Sparta Township Health Department.
f.
Penalties. Any person(s) who continues to be in violation of the
provisions of this subsection, after being duly notified, shall be
subject to a fine not to exceed $1,000.
[1978 Code § 12-4.10]
All connections with a sewer lateral shall be made in a careful
and workmanlike manner and shall consist of at least four-inch diameter
cast iron pipe, minimum requirements medium weight, polyvinyl chloride
(PVC), ductile iron, or other material as approved by the Township
Engineer.
Except as herein provided, the Plumbing Code of the Township
shall in all cases prevail, and application for plumbing permit to
install the lateral shall be made to the Plumbing Subcode Official
of the Township.
[1978 Code § 12-4.11]
Every plumber, who shall be licensed as a plumber, as provided
for in the preceding subsection, shall submit a bond to the Township,
in the sum of $5,000 with sufficient surety to be approved by the
Township Attorney, conditioned that he will indemnify and save harmless
the Township against all damage and costs from any injury which may
occur to persons or property, by reason of any neglect or carelessness
on his part during the process of said work, and further conditioned
that he will indemnify and save harmless the Township against all
damage and costs occasioned by any injury, damage, or obstruction
which he may do or cause to be done to any of the sewers or sewer
system of the Township, in any manner whatsoever.
[1978 Code § 12-4.12]
a.
Grease traps and other appliances. Grease traps or other appliances
necessary to properly protect the sewer system from stoppage, shall
be installed by the owner or occupant of the property, at its or their
expense, upon notification by the Department, in writing, to make
such installation. Upon failure or neglect of any such owner, or occupant,
to comply with such notice, in addition to the penalty hereinafter
provided for violation of this section the permit to connect said
property with the sewer system may be revoked by the Department.
[1978 Code § 12-4.13]
Permitted uses. The sanitary sewer system shall be used only
for the discharge of fluid refuse from sinks, bath, house, laundry
tubs, shower baths, urinals, and waste from toilets, and shall hereafter
be referred to as domestic waste, and such other wastes as the Department
may, by special permission, allow to enter said sewer system.
[1978 Code § 12-4.14]
a.
Generally. No person, firm or corporation, either owner, user or
tenant of any land and premises shall cause to be drained, permit
to flow, or deposited into any part of the sewer system, the following
matter:
1.
Gasoline, naphtha, or other explosive materials, acids, matter having
antiseptic properties, garbage, offal, animals, vegetable parings,
ashes, cinders, rags, wax, oils or other articles or things which
are liable to injure said sewer system, or any part thereof, or obstruct
the flow of sewerage therein.
2.
Exhaust from any steam engine boilers.
3.
Any storm, roof, surface water or drainage.
[1978 Code § 12-4.15]
a.
Disposal of industrial wastes into the sewer systems operated by
the Department is unlawful except compliance with Federal standards
promulgated pursuant to the Federal Water Pollution Control Act Amendments
of 1972 (FWPCAA) and the requirements and standards as set forth in
these rules and regulations.
b.
It is the purpose of these rules and regulations to set uniform requirements
for discharges into the sewer systems operated by the Department and
to enable the Department to comply with the administrative provisions
of State and Federal law and in particular with the Federal Water
Pollution Control Act (PL 92-500) and any amendments thereto; as well
as any guidelines, limitations and standards promulgated by the U.S.
Environmental Protection Agency pursuant to the Act and to derive
the maximum public benefit by regulating the quality and quantity
of wastewater discharged for treatment at wastewater treatment plants
operated by the Department or other agencies with whom it has contracted
for wastewater treatment. Any user who, by the nature of his discharge,
is classified as a major contributing industry (as defined in 40 CFR
128.124 of the Federal Register) shall comply fully with all pretreatment
standards and any other applicable requirements promulgated by the
EPA in accordance with Section 307 of the Federal Water Pollution
Control Act Amendments of 1972 (FWPCAA). In cases where the limitations
and standards established in the rules and regulations are more stringent
than those established by Federal limitations and standards, these
established herein shall govern.
c.
Any provisions by ordinance, standards, rules or other regulatory
acts which are now or will be in the future established by the Governing
Body of the Township or of any agency with which the Department has
a contractual agreement and which are more stringent than these rules
and regulations and the standards established by State and Federal
Authority, shall take precedence.
d.
Disposal of industrial wastes into public sewer; permit required.
1.
No user shall discharge industrial wastes into the sewer system without
a Wastewater Discharge Permit duly issued by the Department.
2.
A separate permit will be required for each physical location where
wastewater is now, or is proposed to be, discharged to said sewers.
3.
Any current or future user who is notified by the Department that
a wastewater discharge permit is required under these rules and regulations
shall, within 30 days of such notification, submit an application,
along with all required supporting data, to the Department.
4.
Application for a wastewater discharge permit shall be submitted
on forms furnished by the Department or on such forms as are approved
by the Department.
[1978 Code § 12-4.16]
a.
Users shall make wastewater acceptable under the limitations and
regulations established by the Department before discharging into
the sanitary sewer system. Any facilities required to pretreat sewage
to a level acceptable to the Department shall be provided, operated
and maintained at the user's expense.
b.
Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Department for review and shall
be acceptable to the Department before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the Department under the provisions
of these rules and regulations. Any subsequent changes in the pretreatment
facilities or methods of operation shall be reported to and be acceptable
to the Department. Pretreatment facilities shall also be approved
by all local, State and Federal regulatory agencies having jurisdiction
thereover.
c.
At all premises where wastes or substances specified to be excluded
from public sewers by these regulations are present and liable to
be discharged directly or indirectly into said sewers, suitable and
sufficient piping layouts, oil, grease, sand and flammable waste traps
or separators, screens, settling tanks, diluting devices, storage
or regulating chambers, treatment, cooling or other equipment and
devices shall be provided by owner.
d.
Such facilities for pretreatment of waste or waters discharged to
public sewers shall be approved by the Department and by any or all
State regulatory agencies having jurisdiction. The Department or State
agencies may require of an owner to install pretreatment facilities.
[Ord. No. 02-27 § 9]
Notwithstanding the provision of any other section of this chapter
to the contrary, the service rules of the Sussex County Municipal
Utilities Authority (SCMUA) concerning the discharge of wastes into
the municipal sewer system shall be controlling. The SCMUA service
rules are hereby adopted by reference and incorporated herein as if
set forth at length in this subsection. Three copies of the service
rules of SCMUA controlling the quantity of and quality of discharges
into the municipal sewer system shall be kept on file with the Township
Clerk and Township Engineer for inspection by the public.
[1]
Editor's Note: Former Subsection 20-3.17, Rates; Fees; Charges,
previously codified herein and containing portions of 1978 Code § 8-10.1,
12-4.17; Ordinance Nos. 623, 661 and 813 was repealed in its entirety
by Ordinance No. 02-27.
[1978 Code § 12-4.18; Ord. No.
02-27 § 10]
a.
Discontinuance of Sewer Service. Sewer service as provided for under
the provisions of this section may be discontinued by the Department
for the nonpayment of bills for the said sewer and for fines and penalties
imposed under the provisions of this section or for any similar reasons
which cause or tend to cause a loss to the Department.
b.
Revocation; Effect. In the event the Township Council shall revoke any portion provided for under the provisions of this section, said revocation may occur for any reason set forth in this section or for any applicable reason set forth in Subsections 20-3.14 and 20-3.15 as it shall apply to sewer service provided that said revocation shall be in accordance with the standards required by law. The discharge of sewerage into the sewer system shall be immediately discontinued; and any person, firm or corporation, or occupant of any premises who shall continue to discharge sewage into the sewer system after said revocation, shall be deemed to have violated this section. Each day's continuation shall constitute a separate violation thereof.
c.
Liability for Charges, Fees and Fines; Lien. That the owner of any
house, tenement, building, or lot shall be liable for the payment
of the price or rent fixed herein for sewerage service and for such
other charges heretofore or hereafter made by the Department in or
upon such house, tenement, building or lot, and the interest and penalties
charged; such price or rent or other costs, expenses, interest and
penalties as fixed herein shall be a lien upon said house, tenement,
building or lot until the same shall be paid and satisfied.
[1978 Code § 12-4.19; Ord. No.
693 § 1]
a.
Notwithstanding the provisions of any other section of this chapter,
no new or additional public sewer connection permits shall be issued
in the Township for connection to the Township of Sparta Plaza Sewerage
Treatment Plant, except as herein provided.
b.
Public sewer connection permits may issue for all existing structures
that presently have permits for connection to the Sparta Township
Plaza Sewerage Treatment Plant provided there is sufficient gallonage
available to authorize a connection permit to the applicant and further
provided that the amount of gallonage to be utilized by the applicant
annually does not exceed 110% of the previous annual gallonage utilized
by the structure.
[Ord. No. 02-27 § 11]
Except as may otherwise be specifically provided in this chapter,
any person violating any provision of this chapter shall, upon conviction,
be punishable by a fine not exceeding $1,250 or imprisonment for a
term not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof. Each and every day that a violation
continues shall constitute a separate offense.
[1]
Editor's Note: Former § 20-4, Sewer Rates, previously
codified herein and containing portions of 1978 Code § 12-5.2
and Ordinance Nos. 755 and 770 was repealed in its entirety by Ordinance.
No. 02-27.
[Ord. No. 986, Preamble]
The New Jersey Department of Environmental Protection (DEP)
has amended regulations regarding the standards for individual subsurface
sewage disposal systems pursuant to N.J.A.C. 7:9A-1.1 et seq. The
purpose of the DEP's amended regulations is to:
a.
Prevent pollution of the water in the State as a result of improper
location, design, construction, installation, alteration, operation
or maintenance of individual subsurface sewage disposal systems.
b.
Provide standards for the proper location, design, construction,
installation, alteration, operation, and maintenance of individual
subsurface sewage disposal systems;
c.
Protect public health and safety for potable water supplies; and
d.
Safeguard of fish and aquatic life and ecological values.
|
The Township of Sparta has the authority to regulate the design,
construction, alteration, operation, and maintenance of individual
subsurface sewage disposal systems, pursuant to N.J.S.A. 26:3-31 and
N.J.S.A. 26:1A-9. The subsurface sewage disposal systems malfunction
even when the systems have been designed, constructed, and sited in
accordance with the applicable standards and these malfunctions adversely
effect public health, safety, welfare and the environment. The malfunctioning
of an individual subsurface disposal system is often caused by improper
operation and maintenance of the system by owners or persons being
served by such system.
|
|
A determination that the area of Lake Mohawk should be designated
as septic management district has been made by the Governing Body
of the Township of Sparta and the Lake Mohawk Country Club, the corporation
which regulates the Lake. Lake Mohawk Country Club has agreed to participate
in the regulation of subsurface sewage disposal systems.
|
[Ord. No. 986 § 1]
This section shall be known as the Individual Subsurface Sewage
Disposal Systems Maintenance Ordinance of the Township of Sparta,
Lake Mohawk Septic Management District.
[Ord. No. 986 § 2]
The purpose and intent of this section is to establish a management
program for the pumping of the individual subsurface sewage disposal
systems in the Township of Sparta, Lake Mohawk Septic Management District,
the metes and bounds of which are recorded in the Office of the Clerk
of Sussex County in Book 372, Pages 24 and c. This section requires
existing, new and proposed individual subsurface sewage disposal systems
to be pumped out at least once every three years in order to minimize
future malfunctions of such systems.
[Ord. No. 986 § 3; Ord. No. 07-14 § XI]
All definitions in subchapter 2 of the DEP standards for the
construction of individual subsurface sewage disposal system, N.J.A.C.
7:9A-1.1 et seq. And all amendments are hereby incorporated into this
section with the following additions:
a.
NOTICE OF REQUIREMENTS FOR PERMIT RENEWAL – Shall mean a notice
issued by the Township to an owner/operator that the permit to operate
the individual subsurface sewage disposal system will expire on a
given date and that proof is required to be furnished to the Township
that either pump out has occurred within the effective period of the
permit, or that the homeowner has voluntarily had the individual subsurface
sewage disposal system inspected by a licensed professional who certified
that pumping is not required before the permit may be renewed.
b.
OPERATION PERMIT – Shall mean a permit issued pursuant to this
section and the DEP regulations for the operation of an individual
subsurface sewage disposal system.
c.
OWNER/OPERATOR – Shall mean the person, corporation or partnership
who owns or leases the realty on which the individual subsurface sewage
disposal system is located and this entity is a property owner within
the Lake Mohawk Country Club. The owner of the dwelling is liable
for the obligations imposed by this section.
d.
PLOT PLAN – Shall mean a sketch drawn by the homeowner or agent
on the homeowner's behalf, showing the type (if known) and location
of the individual subsurface sewage disposal system servicing the
property, as well as the location and type of any on-site water supply
servicing the property. All plots should be drawn to scale listing
the dimensions used. Alternatively, plot plan means a copy of an existing
survey which delineates the system.
e.
TOWNSHIP – Shall mean the Township of Sparta and its authorized
agents, including but not limited to, the Sussex County Health Department
and Health Officer.
f.
SYSTEM – Shall mean and refer to individual subsurface sewage
disposal systems, as defined by law, including all of the component
parts of the system.
[Ord. No. 986 § 4]
a.
Requirement for Permit. On and after November 1, 1998, no owner or
occupant of a property in the Lake Mohawk Septic Management District
upon which an individual subsurface sewage disposal system is located
shall use or operate the system unless a currently valid permit to
operate the system has been issued by the Township in accordance with
the provision of this section.
b.
Application. Every application for a permit to operate a system and
every renewal of such a permit shall be made on a form provided by
the Township. The date for the initial application for permit will
be provided to each affected property owner.
1.
Every application for an initial permit shall be accompanied by documentation
establishing that the entire contents of the septic tank for the system
(both liquids and solids) have been pumped and removed by a solid
waste hauler registered with the New Jersey State DEP. A permit will
be issued which will expire three years from the date of the documented
pumpout, or from the approval date of a new septic system installation.
2.
Every application for an initial permit shall be accompanied by a
plot plan.
c.
Initial Permit. The initial permit issued by the Township in accordance
with this section shall include a copy of this section and a copy
of the DEP's Operation and Maintenance manual for each owner/operator
within the Lake Mohawk Septic Management District.
1.
The initial Operator's permit shall expire three years after issuance,
or three years from the date of the documented pumpout, whichever
comes first. The Township shall notify the Owner/Operator that the
permit is about to expire and direct the Owner/Operator to apply for
renewal.
d.
Renewal. The Township shall not renew the permit unless the Owner/Operator
has submitted to the Township proof that the system has been pumped
out or proof that a waiver has been granted by the Township.
e.
Waiver. A waiver shall be granted upon submission of certification
by a licensed professional certifying that pumping is not required.
Such certification will be renewed annually until pumping is required
and performed, at which time the three-year permitting period recommences.
f.
Automatic Transfer of Permit. In the event a change in the ownership
to a property to which a permit to operate a system has been issued,
the permit shall be considered transferred to the new owner.
[Ord. No. 986 § 5]
a.
Any person who shall willfully violate any provisions of this section
or any person who shall use or operate a system within the Lake Mohawk
Septic Management District without a currently valid Operator's Permit
to operate such system or any person who shall violate any part of
this section shall be subject to a fine not exceeding $100 for each
violation and an additional penalty of $25 a day for each particular
violation that continues after notice of the violation issued by the
Township.
b.
Nothing in this section shall be construed as limiting the remedies
of the Township for violations of this section. The Township may proceed
under any other remedy available at law or equity for any violation
of this section, or any term or condition of any permit issued by
the Township, or for any failure to comply with any notice or order
issued by the Township pursuant to this section.
[Ord. No. 01-13 § I]
The Sewer Service Area in the Township of Sparta is hereby established
in accordance with a map prepared by the Township Engineer dated July
1998 entitled, "Sewer Service Area." Copies of said map shall be kept
on file with the Township Clerk and Township Engineer and shall be
available for public inspection.
[Ord. No. 01-13 § II]
No sewer connection permit shall be issued to a property owner
by the Township unless a sewer allocation permit has been previously
issued by the Township Council or its designated agent in accordance
with the provisions of this section. For purposes of the implementation
of this section, the Township Engineer is hereby designated the agent
of the Township Council.
[Ord. No. 01-13 § III]
On or before 90 days from the date of the adoption of this section, the Township shall forward to each property owner owning improved property within the Sewer Service Area a sewer allocation permit application form containing such information as shall be required by Subsection 20-6.7 hereof. Said permit application form shall be completed and returned by the property owner to the Township within 90 days of the date of mailing by the Township. All owners of improved properties shall return the form to the Township Engineer's Office within 90 days as provided for herein regardless of whether or not the owner of the improved property is applying for a sewer allocation permit. In the event that the property owner is not applying for a sewer allocation permit, the fee provided for Subsection 20-6.6 hereof shall be waived.
[Ord. No. 01-13 § IV]
On or before 90 days from the date of the adoption of this section, the Township shall forward to each property owner owning unimproved property within the Sewer Service Area a sewer allocation permit application form containing such information as shall be required by Subsection 20-6.7 hereof. The property owner may, but is not required, to complete and return to the Township the sewer allocation permit form. If said permit application form shall be completed and returned by the property owner to the Township, it shall be returned within 90 days of the date of mailing by the Township.
[Ord. No. 01-13 § V]
[Ord. No. 01-13 § VI]
Each property owner filing for a sewer allocation permit shall
pay the following permit fees:
[Ord. No. 01-13 § VII]
The owner of any property seeking a sewer application permit shall file with the Township Engineer in accordance with Subsections 20-6.3 and 20-6.4 hereof an application for a sewer allocation permit on forms prescribed by the Township Council, as follows:
a.
For improved properties, the application shall contain the following
information:
1.
The name and address of the applicant.
2.
The address of the property and the tax lot and block designation.
3.
The dimensions and total area of the property.
4.
For residential properties, whether the property is single family
residential or multifamily. For all properties other than single family
and two family residential dwellings, a certification by the property
owner's engineer as to the number of gallons per day of sewage that
will be generated by the property expressed in EDUs and the method
of calculation and schedules used in computing said amount shall be
submitted as part of the application.
5.
For all nonresidential properties, the total square footage and type
of building and its use.
6.
For all nonresidential properties, a certification by the property
owner's engineer as to the number of gallons per day of sewage that
will be generated by the property expressed in EDUs and the method
of calculation and schedules used in computing said amount shall be
submitted as part of the application.
7.
The number of EDUs required by any property shall be calculated in accordance with Table I (Subsection 20-3.6e) of the Codified Ordinances of the Township of Sparta.
8.
Any other information deemed necessary by the Township Council or
its designated agent.
b.
For unimproved properties, the application shall contain the following
information:
1.
The name and address of the applicant.
2.
The address of the property and the tax lot and block designation.
3.
The dimensions and total area of the property.
4.
For single family residential dwellings to be constructed, the total
square foot area of the dwelling and number of bedrooms.
5.
For multifamily residential dwellings to be constructed, a preliminary
sketch plan showing the number of units and the number of proposed
bedrooms in the units to be constructed.
6.
For all nonresidential uses, a preliminary site plan shall be submitted
with the application showing the total square footage of the proposed
building and the proposed use of the building.
7.
For all properties other than single family residential dwellings,
a certification by the property owner's engineer as to the number
of gallons per day of sewage that will be generated by the property
expressed in EDUs and the method of calculation and schedules used
in computing said amount shall be submitted as part of the application.
8.
The number of EDUs required by any property shall be calculated in accordance with Table I (Subsection 20-3.6e) of the Codified Ordinances of the Township of Sparta.
9.
Any other information deemed necessary by the Township Council or
its designated agent.
[Ord. No. 01-13 § VIII]
For all properties requiring eight or more EDUs, the applicant
shall also submit an escrow fee of $500 per project with the application
to offset the Township's costs in evaluating and processing the application.
In the event that the entire escrow is not utilized by the Township
in processing the application, any unused escrow shall be returned
to the applicant within 90 days of the processing of the application.
In the event that additional funds are necessary to complete the review
of the application, the applicant will be required to replenish the
escrow account in an amount sufficient to cover said costs.
[Ord. No. 01-13 § IX; Ord. No. 02-08 § I]
The following shall apply in the Township's determination of
the application in the following order:
a.
The amount of sewage allocation available from the Sussex County
Municipal Utilities Authority.
b.
The presence and extent of any public health hazard.
c.
The current and future usage of existing public properties within
the Township's sewer service area.
d.
The current and future usage of existing and proposed housing units
comprising a part of the Township's COAH housing obligation within
the Township's sewer service area.
e.
The Township's need for an easement from the property owner or any
sewer main or sewer system appurtenance.
f.
The current and future usage of existing residential properties within
the Township's sewer service area.
g.
The current and future usage of existing nonresidential properties
within the Township's sewer service area.
h.
The proposed use of the unimproved properties.
i.
The Township's Master Plan for the sewer service area.
j.
Availability of alternate sewage disposal methods and the estimated
cost thereof to the property owner.
k.
The amount of sewage gallonage requested as a percentage of the total
unused allocation of the Township of Sparta.
l.
The reasonableness of the total gallonage requested by the property
owner.
m.
The nature and type of effluent to be generated by the property owner.
n.
Any other matter that may affect the general health and welfare of
the residents of the Township of Sparta and the overall reasonable
development of the vacant or unused lands of the Township of Sparta.
[Ord. No. 01-13 § X]
Upon the receipt of said application and required fee, the Township Engineer shall review said application and determine whether or not there is sufficient gallonage available to authorize a sewer allocation permit to the property owner. In the event that the application is approved, a sewer allocation permit will be issued by the Township for the number of EDUs, or part thereof, set forth in the application in accordance with Subsection 20-6.12 hereof. The Township shall issue written notice to the property owner of the approval of the sewer allocation permit. In the event that the application is denied, written notice thereof shall be provided to the property owner by the Township.
[Ord. No. 01-13 § XI]
In the event of a denial of a sewer allocation permit, the property
owner may request a hearing by filing a written request with the Township
Council within 10 days of the date of notice of denial of the application.
The Governing Body shall then hold a hearing within 45 days from the
date of the request. The applicant shall bear all costs and professional
fees incurred relative to the hearing and, if required, shall post
an escrow fee prior to the hearing. The Township Council shall render
its decision within 30 days of the hearing.
[Ord. No. 01-13 § XII; Ord. No. 10-06]
Upon approval and prior to the issuance of a sewer allocation
permit, the property owner shall pay to the Township a nonrefundable
allocation reservation fee of $260 per EDU for any improved property
or $515 per EDU for any unimproved property. Fractional portions of
EDUs shall be paid proportionately. No sewer allocation permit shall
be issued unless all application permit fees and escrow fees have
been paid-in-full and all real property taxes for the property are
current. The property owner shall pay the allocation permit fee within
90 days of notification by the Township of Sparta of the granting
of the allocation or the allocation shall lapse.
[Ord. No. 01-13 § XIII]
Approval of a Sewer Allocation Permit shall not authorize the
property owner to connect to the Township's municipal sewer system.
The property owner must secure a Connection Permit from the Township,
pay all applicable fees and charges and provide proof of payment of
SCMUA hookup fees, as well.
[Ord. No. 01-13 § XIV; Ord. No. 02-08 § II]
a.
All sewer allocation permits granted to improved properties shall
expire one year from the date of issuance by the Township of Sparta
of a notice to the property owner that the sewer line to which the
property is to be connected is ready for use. The property owner shall
connect the property to the municipal sewer system prior to the expiration
of the sewer allocation permit, or any extension thereof. Failure
to do so shall result in the expiration of the sewer allocation permit.
Upon expiration of a sewer allocation permit, the sewage allocation
shall revert to the Township.
b.
Except as provided in Subsection c below, all sewer allocation permits granted to unimproved properties shall expire one year from the date of issuance by the Township of Sparta of a notice to the property owner that the sewer line to which the property is to be connected is ready for use. The Township Council may grant extensions of a sewer allocation permit for a period not exceeding one year at a time based upon the original expiration date at the Township's discretion. As a condition for approval of the extension of a sewer allocation permit, the property owner shall pay the annual user charge for the one-year period based upon the number of EDUs reserved for the property owner in the sewer allocation permit. Except as provided in Subsection d below, the property owner shall receive no credit or other benefit for the payment of the sewer user charge other than the extension of the sewer allocation permit. The property owner shall connect the property to the municipal sewer system prior to the expiration of the sewer allocation permit, or any extension thereof. Failure to do so shall result in the expiration of the sewer allocation permit. Upon expiration of a sewer allocation permit, the sewage allocation shall revert to the Township.
c.
For all unimproved properties for which preliminary subdivision or site plan approval has been granted by the Planning Board and which will consist of multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, the property owner shall have the right to renew its initial sewer allocation permit for two consecutive one year periods by notifying the Township, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection b above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or building unit is connected, the Township shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDUs attributable to each such connection.
For all properties comprising a part of the Township's COAH housing obligation, the property owner shall have the right to renew its initial sewer allocation permit for four consecutive one year periods by notifying the Township, in writing, of its intent to so renew its sewer allocation permit prior to the expiration of the permit and by paying the required fee set forth in Subsection b above for extensions of sewer allocation permits. For all multiple subdivided lots or multiple building or building unit connections to be made to the municipal sewer system, as each lot, building or building unit is connected, the Township shall deduct from the sewer allocation permit the number of gallons required for each such connection based upon the number of EDUs attributable to each such connection.
d.
Upon the connection of any property to the municipal sewer system,
the Township shall credit a portion of the sewer allocation permit
fee against the actual sewer user fee to be billed by the Township
to the property owner upon connection of the property to the municipal
sewer system. The credit shall be determined by the dividing the sewer
allocation permit fee paid on an EDU basis by 12 and crediting to
the property owner said amount multiplied by the number of months
remaining, rounded to the nearest month, on the sewer allocation permit
subsequent to the month in which the building or unit is connected
to the municipal sewer system. For purposes of this section, the word
"connection" shall be defined to mean the date on which the Township
issues a final approval under the Uniform Construction Code of the
work required to connect the property to the municipal sewer system.
[Ord. No. 01-13 § XV]
The sewer allocation reservation permit may be assigned or transferred
by the property owner upon transfer of the property to the new owner
on the following conditions:
a.
The use for which the sewer allocation reservation permit was granted
remains the same.
b.
The number of EDUs allocated remains the same.
c.
The property owner to whom the permit was granted notifies the Township
Engineering Department 30 days in advance of the transfer of the property.
d.
In the event the transferee of the property elects to change the
use or otherwise alter, amend or modify the subdivision or site plan,
the transferee must make a new application for sewer allocation and
pay the application fee to the Township. The transferee shall be entitled
to a credit against the permit fee for the new or revised project
for the allocation reservation permit fee paid by the transferrer,
provided the permit has not lapsed.
e.
Sewer allocation reservation permits cannot be sold or transferred
to another parcel. No sewer allocation reservation permit shall be
assigned or transferred to a property other than the property approved
in the sewer allocation reservation permit without the written permission
of the Township.
f.
The transferee shall obtain any approvals required by SCMUA.
g.
Upon assignment or transfer of a sewer allocation reservation permit,
the remaining time left on the permit shall accrue to the assignee
or transferee and the permit shall expire at the end of the term of
the permit, unless it is renewed as provided for under this section.
[Ord. No. 01-13 § XVI]
The Township of Sparta shall have the right to repurchase sewage
allocation permits from property owners under the following conditions:
a.
The Township of Sparta reserves the right to repurchase any unused
sewer allocation reservation permits in the event there are emergency
requests for sewage by other property owners within the Township and
insufficient capacity to handle the emergency requests.
b.
The Township may also elect at its sole option to repurchase any
unused sewage allocation permits. This repurchase shall be accomplished
by giving written notice to the permit holder stating the Township's
intention to repurchase three months from the date of notice. The
permit holder may request a hearing before the Township Council in
which he may provide testimony concerning the status of his project
and his reasons why the permit should not be repurchased. The criteria
for repurchasing sewage allocation permits by the Township shall include
the following (the order below does not constitute a priority for
repurchasing):
1.
Inaction or unnecessary delay by the permit holder with regard to
obtaining the necessary land use and other permits to proceed with
the project.
2.
The number of applications and amount of gallonage requests pending.
3.
Whether the property owner has made all of its payments for the allocation
in a timely manner.
4.
Whether a project generally benefiting the Township requires a sewage
allocation.
5.
Whether the applicant has obtained NJDEP approval that restricts
the Township's ability to repurchase allocation.
c.
The repurchase of any unused sewer allocation permits by the Township
shall be at cost and without interest.
