[Ord. #93-1, S 1; Ord. #94-04, S 1[1]]
There is hereby established within the Township of Bedminster,
Somerset County, New Jersey, a municipal sanitary sewer system which
shall be known and designated as the "Bedminster Public Sewer Collector
Utility.
[1]
Editor's Note: Ordinance No. 94-04 repealed former Section 9-1, containing portions of Ordinance No. 4/19/76 and subsections 9-1A.2 and 9-1A.6, containing portions of Ordinance No. 93-1 which pertained to the Bedminster Township Public Sewer System and renumbered former Section 9-1A as new Section 9-1.
[Ord. #93-1, S 1; Ord. #94-04, S 1]
The Bedminster Public Sewer Collector Utility shall hereafter
be operated, maintained, managed and controlled by the Township of
Bedminster as a publicly owned sewer utility and shall, for accounting
purposes, be a separate entity having its own borrowing capacity,
its own separate account, its own separate property and shall have
all the rights and liabilities of public utilities as set forth in
Titles 40 and 40A of the New Jersey Statutes.
[Ord. #93-1, S 1; Ord. #94-04, S 1]
All monies derived from the operation of the Bedminster Township
Public Sewer Collector Utility and any other monies applicable to
its support shall be segregated by the township and kept in a separate
fund which shall be known as the "Bedminster Township Public Sewer
Collector Utility Fund" and, except as provided in N.J.S.A. 40A:4-1,
et seq., shall be applied only to the payment of the operating, maintenance
and repair costs and the interest and debt redemption charges upon
the indebtedness incurred for the creation of the utility system.
Monies held in the separate fund shall be treated by the officers
of the Township as monies held in trust for the Bedminster Township
Public Sewer Collector Utility, and no banking institution accepting
any such fund shall divert the monies to any other purpose.
[Ord. #93-1, S 1; Ord. #94-04, S 1]
a.
The management and affairs of the Sewer Utility shall be conducted
by the appropriate municipal department as designated by the township
committee. The township committee may make such rules and regulations
not inconsistent with this ordinance as it shall from time to time
deem necessary.
b.
The township committee shall appoint from time to time such employees
as it shall deem necessary for the proper administration of the business
of said Sewer Utility.
[Ord. #98-02, S 4]
The township committee shall appoint a sewerage advisory committee,
consisting of the following:
a.
The chairman of the public works sewer and capital planning standing
committee for a term of one year;
b.
The principal public works manager for a term of one year;
c.
A member of the board of health for a term of one year;
d.
Three property owners served by the sewerage system for initial terms
of one year, two years and three years, respectively. Thereafter,
the three property owners shall serve for terms of three years;
e.
One alternate who shall be a member of the public works sewer and
capital planning standing committee, for a term of one year. The alternate
shall act as a regular member in the absence of any regular member;
f.
Annually from amongst its members, a chairman and vice chairman shall
be elected. The sewerage advisory committee shall also appoint a secretary.
|
Such sewerage advisory committee shall serve in an advisory
capacity only, to assist the township committee with the administration
of certain sewer matters directed by the township committee to its
attention.
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[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 7/12/77, 8/15/77, 12/2/81, 83-13, 86-3, 86-6, 91-01,
92-01, 92-04, 92-12, 92-22, 93-2.
[Ord. #94-02, S 3]
The owner of every property directly or indirectly connected
to the Township of Bedminster public sanitary sewer system or to any
part thereof, shall pay to the township an annual service charge for
the use, operation, and maintenance, repair, replacement and administration
of the sewerage facilities of the Township of Bedminster in accordance
with the rates established as hereinafter set forth.
[Ord. #94-02, S 3; Ord. #96-15, S 2; Ord. #98-22, S 1; Ord.
#99-12, SS 1, 2; Ord. #99-28, S 1; Ord. #06-02, S 1]
a.
The annual service charge due and payable to the Township of Bedminster
shall be established by resolution of the township committee on or
about 30 days following the close of the fiscal year of the Bedminster
Township Public Sanitary Sewer System Utility. Such rate shall be
adequate to pay all expenses of operation, maintenance, repair, replacement
and administration of the sewerage system, including contracts, reserves,
insurance and extensions, and to pay punctually the principal of and
interest on any bonds and to maintain such reserves or sinking funds
therefor as may be deemed necessary or desirable along with all other
obligations of any nature whatsoever. The annual service charge shall
be separated into two components:
1.
A fixed fee rate shall be established to pay all administrative expenses
of the sewerage system and shall include, but not be limited to, professional
services, legal notices, printing service, debt service, insurance,
water usage data, postage, office supplies, salaries, wages and other
similar expenditures.
2.
A treatment cost rate shall be established to pay all expenses associated
with the operation and maintenance of the township sewer system, the
township portions of the Sanitary Sewer Transmission System (SSTS)
and the EDC Bulk User charges of the sewerage system and shall include,
but not be limited to, professional services (contract operations),
electricity, water, telephone, alarm service, chemicals, diesel fuel,
grease and oil, equipment repair and maintenance, parts and equipment,
buildings and grounds services and supplies, collection system maintenance,
and other similar expenditures along with the annual charges of EDC
for bulk treatment and disposal of township wastewater.
b.
The two components shall be summed to produce the total annual service
charge for each residential, commercial or municipal user of the sanitary
sewer system after the Bedminster Township Committee has considered
the utilization of surplus funds and/or funds from other sources held
in sewer utility accounts to reduce such service charge. The said
rates shall be computed in accordance with the following formulas:
1.
Establishment of the fixed fee rate. The fixed fee rate portion of
the annual service charge shall be computed in accordance with the
following formulas:
|
Total administrative expenses
| ||
|
Fixed fee rate
|
=
|
——————
|
|
Total number of equivalent connections
|
Where:
Total administrative expenses = The total dollar value associated with debt service and the administration of the sewerage system. These expenses shall apply to all users of the sanitary sewer system with the exception of Sammis Bedminster Associates, or its successor in interest, for which expenses related to capital expenditures shall not apply (see subsection 9-2.6 hereof) and AT&T Corp., for which the cost of debt associated with the Township's initial purchase of sewage capacity from EDC shall not be included in any administrative fee or other user fee of the Bedminster Public Sewer Collector Utility ("Utility") (see subsection 9-2.11 hereof).
Total number of equivalent connections = The total of all equivalent
connections to the sewer system, computed for each direct or indirect
residential, commercial and municipal connection to the sewerage system
as follows:
|
Treatment capacity purchased from EDC
| ||
|
Equivalent connections (EC)
|
=
|
————————
|
|
170 GPD
|
Where:
Treatment capacity purchased from EDC = The average daily flow
in gallons per day (GPD) of treatment capacity purchased by the township
from EDC for each residential, commercial or municipal user of the
sanitary sewer system. The amount of capacity purchased from EDC for
any connection shall be determined by the sewer utility consulting
engineer based on the use of the system by each user class as of the
date of purchase from EDC.
170 GPD = The average daily sewage flow for a single-family
dwelling of three bedrooms.
In the event that the result of the equivalent connection calculation
is less than 1.0, a minimum of 1.0 equivalent connection will be established
for any single user of the sewerage system. In the event that the
result of the equivalent connection calculation is greater than 1.0,
the result shall be rounded to the next higher 0.1 equivalent connection.
2.
Establishment of the treatment cost rate. The treatment cost rate
shall be computed in accordance with the following formula:
|
Total operation and maintenance expenses
| ||
|
Treatment cost rate
|
=
|
———————————
|
|
Yearly water use (residential + municipal) + (commercial ×
surcharge)
|
Where:
Total operation and maintenance expenses = The total dollar
value associated with the operation and maintenance of the sewerage
system including the EDC Bulk User charges and the township's share
of the operations and maintenance expense of the SSTS.
Yearly Water Use:
(a)
(1)
Metered users - Residential - The total yearly water consumption
in cubic feet for each residential user of the sanitary sewer system.
The total yearly water consumption is derived from the average daily
water consumption for the first and last quarters' water meter readings
as recorded by the water company from the prior year, multiplied by
the number of days in the year.
(2)
Metered users - Commercial and municipal - The total yearly
water consumption in cubic feet for each commercial or municipal user
of the sanitary sewer system. The total yearly water consumption is
the total of all of the quarterly (not monthly) water meter readings
as recorded by the water company from the prior year.
(b)
Unmetered water users - For unmetered water users of the sanitary
sewer system that have private wells and where water consumption data
for such property is unavailable, the total yearly water use for such
property shall be based on the total yearly water use of properties
of a similar use and occupancy where metered water consumption data
is available.
(c)
Users with sewage flow monitoring systems - For users of the
sanitary sewer system that have permanent sewage flow monitoring systems
or metered wells, the flow recorded by the monitoring system or metered
well will be used to develop the total yearly water use. Each user
of the system that utilizes the recorded results of a permanent sewage
flow monitor or metered well shall have the monitoring equipment approved
by the operator of the Bedminster Township Sewer Utility and tested
and calibrated, at the user's expense, annually or more frequently
as required by the township wastewater consultant. The certified results
of such testing and calibration shall be submitted quarterly to the
Bedminster Township Sewer Utility.
Surcharge rate = A factor applied to all commercial and municipal
sewer users to account for the higher strength of wastewater discharged
by these users. The surcharge rate shall be as follows for each class
of commercial and municipal users. The designation of commercial/municipal
class shall be determined by the utility managers.
|
Commercial/Municipal Class
|
Surcharge Rate
|
|---|---|
|
(MED) Medical Office
|
2.0
|
|
(O) General Office(1)
|
1.4
|
|
(OG) General Office with Grease Interceptor(1)(2)
|
1.4/2.3
|
|
(M) Municipal
|
1.0
|
|
(MG) Municipal with Grease Interceptor(2)
|
1.0/2.3
|
|
(SE) Service Establishment
|
1.4
|
|
(FS) Food Service
|
2.3
|
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(FSG) Food Service with Properly Maintained Grease Interceptor(3)
|
1.4
|
|
(RS) Retail Store
|
1.4
|
|
(1)
|
The general office commercial class shall also include offices
used as "dry laboratory." The term "dry laboratory," as used herein
shall mean a laboratory undertaking research purposes that do not
involve the use of process water or the excessive use of potable water.
|
|
(2)
|
The surcharge rate for general office with grease interceptors
(OG) and municipal with grease interceptors (MG) classes will be increased
to 2.3 if the establishment has a grease interceptor which is not
properly operating and maintained, or does not conform with Board
of Health Ordinance subsections 5-4.2b, 5-4.5, 5-4.6 and 5-4.9. The
increased surcharge rate of 2.3 shall be automatically renewed on
an annual basis unless the owner of the general office or municipal
establishment, on or before October 31st of each calendar year, files
with the township sewer utility a certification by a civil engineer
duly licensed by the State of New Jersey with experience in sanitary
engineering that the grease interceptor on its premises is operating
in conformity with the aforesaid Board of Health Ordinances and submits
supporting test results. Notice of the aforesaid annual certification
requirement shall be included in the township sewer utility bills.
|
|
(3)
|
The surcharge rate for food service establishments will be reduced
to 1.4 if the establishment has and maintains a properly operating
and approved grease interceptor which conforms with Board of Health
Ordinance subsections 5-4.2b, 5-4.5, 5-4.6 and 5-4.9. All heretofore
board of health approved grease interceptors shall be deemed to comply
with the standards set forth in Board of Health Ordinance subsection
5-4.5b(2)(a). The reduced surcharge rate of 1.4 shall be automatically
renewed on an annual basis provided that the owner of the food service
establishment, on or before October 31st of each calendar year, files
with the township sewer utility a certification by a civil engineer
duly licensed by the State of New Jersey with experience in sanitary
engineering that the grease interceptor on its premises is operating
in conformity with the aforesaid Board of Health Ordinances and submits
supporting test results. Notice of the aforesaid annual certification
requirement shall be included in the township sewer utility bills.
Nothing herein shall relieve any food service establishment from compliance
with all applicable Board of Health Ordinances.
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3.
Establishment of the total annual service charge. The total annual
service charge shall be computed for each residential, commercial
or municipal user of the sanitary sewer system in accordance with
the following formula:
|
Total annual service charge (residential/municipal)
|
=
|
(Equivalent connections × fixed fee rate) + (yearly water
use × treatment cost rate)
|
|
Total annual service charge (commercial)
|
=
|
(Equivalent connections × fixed fee rate) + (yearly water
use × treatment cost rate ×surcharge rate)
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[Ord. #94-02, S 3]
A copy of the schedule of service charges in effect at all times
will be on file at the Bedminster Township Clerk's Office and shall,
during business hours be open to public inspection.
[Ord. #94-02, S 3]
The annual sewerage service charge herein established for the
Township of Bedminster public sanitary sewer system shall be due and
payable in equal quarterly installments on March 1, June 1, September
1, and December 1 of each year. Any unpaid installments shall draw
the same interest from the time they become due as taxes upon real
estate in the township provided that no interest shall be charged
if the payment of any installment is made within 10 days after the
date upon which the same shall have become payable.
[Ord. #94-02, S 3]
The annual charge for new connections to the Township of Bedminster
public sanitary sewer system shall be prorated as of the Monday following
the completion of such connection.
[Ord. #94-02, S 3]
Any and all service charges levied against Sammis Bedminster
Associates or its successor in interest for its properties known as
Lots 16.02 and 16.05 in Block 41 on the Bedminster Township currently
official tax assessment maps shall be levied in accordance with the
terms of the resolution of the Bedminster Township Committee adopted
on October 11, 1989 and captioned "Resolution Authorizing Execution
of an Agreement With Sammis Bedminster Associates" and the agreement
attached thereto between Sammis Bedminster Associates and the Township
of Bedminster, dated October 16, 1989. The said agreement relieves
Sammis Bedminster Associates and its successor in interest of the
capital costs related to the construction of the Sanitary Sewer Transmission
System and payments made to Environmental Disposal Corp. for the purchase
of sewage treatment capacity in its sewer treatment facility whether
the said capital charges are included within general assessments,
special assessments, connection charges or as a part of user fees.
[Ord. #93-32, S 2; Ord. #94-02, S 1; Ord. #96-155, S 3; Ord.
#97-39, SS 1, 2; Ord. #99-12, S 3]
a.
Establishment of connection fee. A sewer connection fee payable to
the Township of Bedminster shall be required as follows:
1.
For every direct and indirect connection to the Township of Bedminster
public sanitary sewer system, or to any part thereof, by a private
entity or public entity, for residential or nonresidential uses, except
as otherwise set forth in this section;
2.
From a private entity which acquired or is about to acquire a structure
or structures and/or property from a public entity for which a sewer
connection fee was not collected by Bedminster Township;
3.
From a public entity when the structure and/or property of the public
entity is used for a non-public purpose and a sewer connection fee
was not collected by the Township of Bedminster.
b.
Determination of connection fees - equivalent connection. For every
direct or indirect connection to the Township of Bedminster public
sanitary sewer system, or to any part thereof, connection fees for
both residential and nonresidential uses shall be deter-mined on the
basis of the number of equivalent connections (EC) to be provided
service. An EC represents the average daily sewage flow of 170 gallons
per day (GPD) which is hereby established as the daily flow for a
single family dwelling of three bedrooms or less.
For uses other than the said single family dwelling, the design
flows set forth in The Rules and Regulations For the Preparation and
Submission of Plans for Sewer Systems and Wastewater Treatment Plants,
Section 19.5 entitled "Design Flow for Small Plants for Various Establishments,"
dated July 1970, as pro-pounded by the New Jersey Department of Environmental
Protection, except for the designation of "Private Dwelling" under
the subsection entitled "Type of Establishment," are incorporated
herein, as may be amended and supplemented in the future as if set
forth at length.
For each bedroom in a single family dwelling exceeding three,
there shall be added 65 GPD to the basic single family EC figure of
170 GPD. The resulting GPD for the dwelling shall then be used in
the calculation of the connection fee.
The EC number for nonresidential or multi-family uses shall
be determined by calculating the daily flow in accordance with the
design flow standards set forth above and dividing the daily flow
as determined by the EC figure of 170 GPD. In the event that the resulting
number obtained is less than one EC (170 GPD), the connection will
be treated as one EC for connection fee purposes. In the event that
the resulting number obtained is more than a whole number EC (170
GPD, 340 GPD, etc.), a proportionate payment for the amount exceeding
the whole number EC shall be payable in addition to the amount due
for the whole number EC(s).
The formula for the determination of such payment is as follows:
|
GPD required by user
| ||||
|
—————
|
x
|
Established connection fee per EC
|
=
|
Connection fee
|
|
170 GPD (established as an EC)
|
c.
Connection fees payable commencing the first full fiscal year after
the Bedminster Township Public Sanitary Sewer System is being serviced
by the Sanitary Sewer Transmission System and the Environmental Disposal
Corporation Sewage Treatment Plant. The connection fee to the Township
of Bedminster shall be established by resolution of the Bedminster
Township Committee on or about 30 days following the close of the
fiscal year of the Bedminster Township Public Sanitary Sewer System
Utility.
The connection fee will be recomputed and established on or
about 30 days following the close of each fiscal year of the Bedminster
Township Public Sanitary Sewer System Utility after a public hearing
by the Township Committee of the Township of Bedminster.
d.
Connection fees payable after Bedminster Township's total daily flow
exceeds 182,000 GPD to the EDC Sewage Treatment Plant. Once Bedminster
Township's total daily flow equals 182,000 GPD to the EDC Sewage Treatment
Plant, the connection fee payment to the township shall be calculated
as follows:
|
The connection fees established in subsection 9-2.8a above
|
+
|
The cost per GPD as established in the EDC Contract dated December
2, 1991
|
=
|
Connection fee
|
e.
Connection fees for Sammis Bedminster Associates. This fee has been
prepaid to the township in the amount of two million five hundred
thousand ($2,500,000.00) dollars pursuant to that certain agreement
between the township and Sammis Bedminster Associates dated October
16, 1989. There will be no further connection charges paid by Sammis
Bedminster Associates or its successors.
f.
The connection fees above specified shall be in addition to any annual
sewer use charge, the actual cost of the physical connection, if made
by Bedminster Township, street opening permit fee or escrow, and any
other such fees or escrows and any inspection fees or special inspection
fees that may be required in unusual cases to absorb the cost of inspections
over and above those required pursuant to any other ordinance, and
in addition to any municipal sewer assessment for sanitary collecting
sewers that may be constructed as local improvements by the Township
of Bedminster.
g.
The connection fee charges above specified shall be paid to the treasury
of the township as follows:
1.
On application to the Bedminster Township Construction Official for
a building permit for new construction, the entire charge shall be
paid in one lump sum, prior to the issuance of the building permit.
2.
On application to the Bedminster Township Construction Official for
a sewer connection permit for connection to an existing structure,
the entire charge shall be paid in one lump sum prior to issuance
of the connection permit.
3.
Not later than the transfer of title of a structure or structures
and/or property from a public entity to a private entity, the private
entity shall pay the entire charge in one lump sum if a sewer connection
fee was not collected by the Township of Bedminster from the public
entity.
4.
Upon the change in use as determined by the Township Zoning Officer
when the property of a public entity is used for a non-public purpose,
the public entity shall pay the entire charge in one lump sum if a
sewer connection fee was not collected by the Township of Bedminster.
h.
For all uses other than a single-family dwelling, the connection
fee for each individual connection shall always be subject to an upward
revision in accordance with the calculations prescribed herein, when
any enlargement of the connected structure occurs or when any increase
in the use of the connected structure occurs which increases the service
demand upon the sewer lines and upon the capacity of the sanitary
sewerage treatment facilities utilized by the township. An additional
fee or fees shall be imposed when the number of units in a structure
increases, whether residential or not. No such revision shall be made
except after reasonable notice has been given to the property owner.
i.
Any landowner or developer, except Sammis Bedminster Associates or
its successor in interest (see 9-2.8e hereof), paying a connection
fee hereunder will connect to the Bedminster Township Public Sanitary
Sewer system within two years of the date the said full or partial
payment to the township of the purchase capacity is made. In the case
of a multi-unit subdivision, the first unit must be connected within
two years of the applicable date and the last unit must be connected
within five years of the applicable date. In the event the said connection
is not so made within the said period, the capacity purchased hereunder
will revert to the township without any obligation on the part of
the township to reimburse the purchaser therefor. The applicable period
may be extended by the township for a maximum of one additional year
only for good cause shown (said good cause being solely determined
by the township in its discretion).
j.
AT&T Corp. will make a capital contribution to the Township in
the amount of $981,102 pursuant to a certain Agreement between the
Township, the Bedminster Public Sewer Utility and AT&T Corp. dated
March 1, 1999 attached to Resolution No. 99-36 of the Bedminster Township
Committee.[1]
[1]
Editor's Note: Resolution No. 99-36, referred to herein, may
be found on file in the office of the Township Clerk.
[Ord. #94-04, S 2]
a.
Any treatment works application package submitted by a private developer
or party to the township shall be accompanied by separate checks made
payable to the Township of Bedminster in accordance with the following
schedule:
|
Application Charge
|
Escrow Amount
| ||
|---|---|---|---|
|
1.
|
CP-1 Application to extend or connect to the municipal sanitary
sewer collector system or for treatment works approval, including
any municipal consent associated therewith
|
$100.00
|
$500.00
|
|
2.
|
CP-1 Application to increase sewage flow from any building or
structure within the township which involves municipal consent
|
$100.00
|
$500.00
|
b.
The application charge is a flat fee to cover administrative expenses
and is nonrefundable. The escrow account is established to cover the
costs of professional services including engineering, planning, legal,
and other expenses connected with the review of submitted materials.
Sums not utilized in the review process shall be returned to the applicant.
If additional sums are deemed necessary, the applicant shall be notified,
by certified mail, return receipt requested, of the required additional
amount and shall add such sum to the escrow within 15 days of the
letter providing such notice.
If the application is pending at the time the aforesaid letter
is sent and the applicant fails to deposit the "additional amount"
within the said 15 day period, then the township committee, at its
next regularly scheduled meeting following the expiration of the said
15 day period, will dismiss such application, without prejudice to
the refiling of the same, or place the application on its inactive
list, at its option. Work will not be continued by the township on
the application from the date the said letter is sent until the said
"additional amount" is posted.
c.
Where one treatment works application includes several approval requests,
the sum of the individual required fees shall be paid.
d.
The township shall make all of the payments to professionals for
services rendered to the township for review of treatment works applications,
the review and preparation of documents and resolutions, or for any
other purposes under the provisions of this subsection. All payments
charged to the escrow account shall be pursuant to vouchers from the
professionals stating the hours spent, the hourly rate, and the expenses
incurred. The township treasurer shall render a written final accounting
to the applicant on the uses to which the deposit was put. Thereafter,
the township shall, upon written request, provide copies of the vouchers
to the applicant. If the salary, staff support, and overhead for a
professional are provided by the township, the charge to the deposit
shall not exceed 200% of the sum of the products resulting from multiplying
(1) the hourly base salary of each of the professionals by (2) the
number of hours spent by the respective professionals on review of
the treatment works application. For other professionals, the charge
to the deposit shall be at the same rate as all other work of the
same nature by the professional for the township. Supplementing the
requirements set forth herein, the provisions of the Revised General
Ordinances, subsection 2-11.7 entitled "Payment of Claims by Township
Consultants from Escrow Funds Held by the Township for Services Rendered
on Behalf of Third Parties" shall be applicable to the aforesaid escrow
accounts.
e.
Any municipal, county, state, or federal agency, board or entity
shall be exempt from the application and escrow fee requirements of
this subsection.
[Ord. #97-34, S 1]
Any applicant requesting endorsement by the township committee
of a permit application for a New Jersey Pollutant Discharge Elimination
System (NJPDES) shall include a metes and bounds description and a
survey defining the specific service area as part of the application.
The survey shall be prepared by a licensed surveyor. For such applications,
the service area shall be limited to only that portion of the property
which includes any buildings which are serviced by the system, and
the treatment works or disposal system itself. The service area set
forth in the metes and bounds survey included as part of any NJPDES
application shall be subject to review and approval by the township's
sewer consultant prior to endorsement of any such application by the
township committee.
Service charges, fees and rates charged to AT&T Corp., for its property known as Lot 1 in Block 43 on the Bedminster Township Official Tax Assessment Maps shall be charged in accordance with the terms of Resolution No. 99-36 of the Bedminster Township Committee adopted on March 1, 1999 and the Agreement attached thereto between AT&T Corp., the Township of Bedminster and the Bedminster Public Sewer Collection Utility dated March 1, 1999 (the "AT&T Sewer Agreement"). For purposes of this Chapter 9, the terms "Existing Building," "NOC" and "Phase II" shall have the same meanings ascribed to them in the AT&T Sewer Agreement.[1]
[1]
Editor's Note: Resolution No. 99-36, referred to herein, may
be found on file in the office of the Township Clerk.
[Ord. No. 2016-01]
a.
The Township of Bedminster charges for sewer usage are based on metered
potable water consumption. In the event that the owner or occupant
of metered premises encounters a leak at a sewered premises, a sewer
bill adjustment may be warranted if the criteria set forth in this
subsection are satisfied.
1.
The leak occurs during the period of October 1 through March 31,
inclusive for a residential property or during the period of January
1 through December 31, inclusive for a commercial property.
2.
The leak has not discharged into the sanitary sewer system.
3.
An example of what might qualify for an adjustment would be a leaking
irrigation system sprinkler head or a broken potable water service
supply pipe that is downstream of the meter.
4.
An example of a leak that would not qualify for an adjustment would
be a leaking toilet or sink, which discharges into the sanitary sewer.
b.
Leaks satisfying the criteria described in subsection 9-2.12a may qualify for a sewer bill adjustment, provided that the following procedure is followed:
1.
Within seven days of becoming aware of the leak, the sewer user shall
provide the Sewer Collector with written notice identifying:
2.
Within 21 days of initial notice the sewer user shall provide the
Sewer Collector with a legible copy of a paid repair bill from a licensed
plumber, or provide written statement from the Township Plumbing Code
Official, the Township Construction Official or Sewer Utility Consultant
corroborating the date that the leak was successfully repaired. The
property owner is responsible for the cost of associated repairs.
c.
The Township Committee may authorize the Municipal Attorney of the
Township of Bedminster to file corrective appeals regarding annual
sewer charges with the Sewer Collector in defense of appeals filed
with the Sewer Collector and to sign stipulation of appeals filed
on behalf of the Township of Bedminster which the Municipal Attorney
feels are proper and in the best interests of the municipality.
[Ord. #89-10, S1]
Whenever the township committee shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the Township of Bedminster. Such resolution shall be adopted by the township committee at any regular, special, adjourned or emergency public meeting of the township committee. Such resolution shall identify that portion of the Township of Bedminster affected by the water emergency, which may include the entire township and shall specify which of the water use regulations contained in subsection 9-3.2 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 9-3.2 of this section. For the purpose of this subsection, a water emergency shall exist if, for any of following reasons:
a.
The public utility providing water service to all or a portion of
the Township of Bedminster has adopted water use restrictions, has
notified the Township of Bedminster, 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 township committee authority is otherwise satisfied that a water
emergency exists in the Township of Bedminster.
[Ord. #89-10, S 2]
Upon adoption by the township committee of a resolution declaring that a water emergency exists in the Township of Bedminster in accordance with subsection 9-3.1 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 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 township committee in the resolution required by subsection 9-3.1 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 paragraph shall be limited in application to that portion of the Township of Bedminster, which may include the entire township, identified as being affected by the water emergency in the resolution of the township committee adopted in accordance with subsection 9-3.1 of this section.
[Ord. #89-10, S 3]
The resolution of the township committee required by subsection 9-3.1 of this section shall, in addition to complying with subsection 9-3.1, 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 township committee 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 township committee 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.
[Ord. #89-10, S 4]
The water use restrictions imposed pursuant to this ordinance shall be enforced during a water emergency by the emergency management coordinator. Whenever the emergency management coordinator shall find a violation of the water use restrictions, the emergency management coordinator shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 9-3.5 of this section. The emergency management coordinator 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 emergency management coordinator is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. #89-10, S 5]
After a first offense in accordance with subsection 9-3.4 of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this ordinance shall be fined or imprisoned in accordance with this paragraph. For a second offense, the fine imposed shall be $500 or imprisonment for ten days or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days or both.
[Ord. #05-29, S 1]
To prohibit the spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of Bedminster, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Ord. #05-29, S 1]
For the purpose of this Section 9-4, the following terms, phrases and words shall have the meanings stated herein.
a.
MUNICIPAL SEPARATE STORM SEWER SYSTEM – 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 Bedminster
or other public body, and is designed and used for collecting and
conveying stormwater.
b.
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.
[Ord. #05-29, S 1]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Bedminster 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.
[Ord. #05-29, S 1]
The following are exceptions to the prohibited conduct of subsection 9-4.3:
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g. infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensation (excluding contact and non-contact
cooling water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water.
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
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 material
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.
[Ord. #05-29, S 1]
This section shall be enforced by the zoning officer, health
officer, construction official, fire official or police of the Township
of Bedminster.
[Ord. #05-29, S 1; Ord. #06-32, S 4]
Any person, firm, corporation or other entity which violates or fails to comply with any provision of this section, upon conviction thereof, shall be subject to a fine as established in subsection 1-5.8.
[Ord. #05-25, S 1]
To prohibit illicit connections to the municipal separate storm
sewer system(s) operated by the Township of Bedminster, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. #05-25, S 1]
For the purpose of this Section 9-5, the following terms, phrases and words shall have the meanings stated herein.
a.
DOMESTIC SEWAGE – Shall mean waste and wastewater from humans
or household operations.
b.
ILLICIT CONNECTION – Shall mean any physical or nonphysical
connection that discharges domestic sewage, non-contact cooling water,
process wastewater, or other industrial waste (other than stormwater)
to the municipal separate storm sewer system operated by the Township
of Bedminster, unless that discharge is authorized under a NJPDES
permit other than the Tier A Municipal Stormwater General Permit (NJPDES
Permit Number NJ0141852). Non-physical connections may include, but
are not limited to, leaks, flows, or overflows into the municipal
separate storm sewer system.
c.
INDUSTRIAL WASTE – Shall mean nondomestic waste, including,
but not limited to, those pollutants regulated under Section 307(a),
(b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a),
(b), or (c)).
d.
MUNICIPAL SEPARATE STORM SEWER SYSTEM – 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 Bedminster
or other public body, and is designed and used for collecting and
conveying stormwater.
e.
NJPDES PERMIT – Shall mean a permit issued by the New Jersey
Department of Environmental Protection to implement the New Jersey
Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C.
7:14A.
f.
NON-CONTACT COOLING WATER – Shall mean water used to reduce
temperature for the purpose of cooling. Such waters do not come into
direct contact with any raw material, intermediate product (other
than heat) or finished product. Non-contact cooling water may however
contain algaecides, or biocides to control fouling of equipment such
as heat exchangers, and/or corrosion inhibitors.
g.
PROCESS WASTEWATER – Shall mean any water which, during manufacturing
or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product or waste product. Process wastewater includes,
but is not limited to, leachate and cooling water other than non-contact
cooling water.
h.
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.
[Ord. #05-25, S 1]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Bedminster any domestic sewerage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #05-25, S 1]
This section shall be enforced by the zoning officer, health
officer, construction official, fire official or police of the Township
of Bedminster.
[Ord. #05-25, S 1]
Any person, firm, corporation or other entity which violates
or neglects to comply with this section shall be subject to a fine
as established in Section 1.5.
[Added 10-16-2023 by Ord. No. 2023-018]
The purpose of this ordinance is to prevent stored salt and
other solid de-icing materials from being exposed to stormwater.
This ordinance establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in The
Township of Bedminster to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 10-16-2023 by Ord. No. 2023-018]
For the purpose of this ordinance, 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 consistent 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 word "shall" is always mandatory
and not merely directory.
a.
"De-icing materials" means any granular or solid material such as
melting salt or any other granular solid that assists in the melting
of snow.
b.
"Impervious surface" means a surface that has been covered with a
layer of material so that it is highly resistant to infiltration by
water.
c.
"Storm drain inlet" means the point of entry into the storm sewer
system.
d.
"Permanent structure" means a permanent building or permanent structure
that is anchored to a permanent foundation with an impermeable floor,
and that is completely roofed and walled (new structures require a
door or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
1.
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of deicing materials;
2.
The design shall prevent stormwater run-on and run through, and the
fabric cannot leak;
3.
The structure shall be erected on an impermeable slab;
4.
The structure cannot be open sided; and
5.
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
e.
"Person" means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
f.
"Resident" means a person who resides on a residential property where
de-icing material is stored.
[Added 10-16-2023 by Ord. No. 2023-018]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
(f)
Containers must be sealed when not in use; and
(g)
The site shall be free of all de-icing materials between April
16th and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 -April 15.
c.
All temporary or permanent structures for the storage of de-icing
materials must meet the required setbacks for the zone in which the
facility is located.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 10-16-2023 by Ord. No. 2023-018]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are
stored within a permanent structure, they are not subject to the storage
and inspection requirements in Section III above. Piles of de-icing
materials are not exempt, even if stored in a permanent structure.
This ordinance does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 10-16-2023 by Ord. No. 2023-018]
This ordinance shall be enforced by the Zoning Officer during
the course of ordinary enforcement duties.
[Added 10-16-2023 by Ord. No. 2023-018]
Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as outlined in Section 1-5.
[Added 10-16-2023 by Ord. No. 2023-018]
Each section, subsection, sentence, clause, and phrase of this
Ordinance is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this Ordinance to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this Ordinance.
[Added 10-16-2023 by Ord. No. 2023-018]
This Ordinance shall be in full force and effect from and after
its adoption and any publication as may be required by law.
