[Ord. #186]
In the Borough, waters are polluted and subject to pollution
by sewage and industrial and other wastes arising from causes within
the territories of the Borough and the other five Boroughs hereinafter
mentioned. This Borough Council has ascertained that there is imperative
need to relieve such waters from pollution and thereby to reduce and
ultimately abate the menace to the public health resulting from such
pollution.
The Sewerage Authorities Law of the State of New Jersey (Laws
of 1946, Chapter 138, as amended and supplemented) grants power to
any two or more municipalities, the areas of which together comprise
an integral body of territory, by means and through the agency of
a sewerage authority, to acquire, construct, maintain, or improve
works for the collection, treatment, purification or disposal of sewage
or other wastes, and the areas of this Borough and the five other
Boroughs together comprise such an integral territorial body.
The Borough Council of the Borough hereby determines that it
is necessary and advisable and is in the best interests of the inhabitants
of the Borough, by joint or parallel action by or on behalf of the
Boroughs of Fair Haven, Little Silver, Monmouth Beach, Oceanport,
Shrewsbury and West Long Branch (each a municipal corporation of the
State situate in the County of Monmouth and herein called a "Borough"),
there be created a Sewerage Authority pursuant to the Sewerage Authorities
Law as a public body corporate and politic and an agency and instrumentality
of the Boroughs for the purposes of the relief of waters in or bordering
in the State from pollution arising from causes within the area of
the Boroughs and the relief of waters in, bordering or entering the
area from pollution or threatened pollution and the consequent improvement
of conditions affecting the public health.
[Ord. #186, S 1]
Pursuant to the provisions of paragraph (c) Section 4 of the
Sewerage Authorities Law of the State of New Jersey (Laws of 1946,
Chapter 138, as amended and supplemented), there is hereby created
as public body corporate and politic under the name of "The Northeast
Monmouth County Regional Sewerage Authority."
[Ord. # 186, S 2]
The Northeast Monmouth County Regional Sewerage Authority is
and shall be an agency and instrumentality of the six Boroughs created
by parallel ordinances duly adopted by their Governing Bodies, and
is a sewerage authority as contemplated and provided for by the Sewerage
Authorities Law and shall have and exercise all of the powers and
perform all of the duties provided for by the Sewerage Authorities
Law and any other statutes heretofore or hereafter enacted and applicable
thereto.
[Ord. #186, S 3]
The Northeast Monmouth County Regional Sewerage Authority shall
consist of 12 members thereof, and two of such members shall be appointed
by the Governing Body of each of the Boroughs, in accordance with
the provision of the Sewerage Authorities Law.
[Ord. #186, S 4]
A copy of this section duly certified by the Borough Clerk shall
forthwith be filed by the Borough Clerk in the office of the Secretary
of State of the State of New Jersey.
[Ord. #204, S 1]
As used in this section:
Shall mean The Northeast Monmouth County Regional Sewerage
Authority.
Shall mean any building or structure heretofore or hereafter
constructed and designed or used for dwelling or other use or occupancy
by persons, either temporary or permanent.
Shall mean the 90 days following the service of a notice
from the Borough that a sewer is available to serve a building except
that in the case of a building completed subsequent to the availability
of a sewer to the premises on which a building is located. Connection
Date shall mean the date of the initial occupancy of the building
or the date of the issuance of a Certificate of Occupancy therefor,
whichever of the dates shall be the earlier.
Shall mean that any of its boundaries abut a street or easement
at a point opposite a sewer in such street or easement, which is part
of a sewer of the Authority, or where a building is located upon a
street or easement in which a sewer is now or hereafter constructed.
Shall mean any sewer or main designed or used for collection
or disposal of sanitary sewage within the Borough.
[Ord. #204, S 2]
Every connection required by this section shall be made in a
manner to discharge into the sewer, all waste and sanitary sewage
originating in the building in accordance with and subject to the
Rules and Regulations as well as Sewer System Standards adopted by
the Authority which connection shall be subject to the right of inspection
and approval by the Authority. All connection charges, service charges
and inspection fees imposed by the Authority under its Rules and Regulations
or rate schedules, now or hereafter adopted by the Authority shall
be paid promptly when due.
[Ord. #204, S 3]
The owner of each building located on property which now or
hereafter fronts upon a sewer or is located upon any street in the
Borough in which a sewer is now or hereafter constructed shall connect
such building and property with the sewer prior to the connection
date for the purpose of delivering sewage from each building into
the sewer. The connection shall be subject to and in conformity with
the Rules and Regulations and Sewer System Standards adopted by the
Authority regulating and providing for the construction of such connections
and providing for the improvement, maintenance and repair of such
connections and prescribing the kind of materials to be used in the
original connection and in improving and repairing the same and the
method of doing the same. Unless a toilet is already installed therein,
every owner of such building shall install at least one toilet therein
and connect such building and every toilet therein with the sewer.
[Ord. #204, S 4]
The Borough Clerk shall mail a Notice to Connect on a form furnished
by the Authority to every owner of a building and property located
within the area in the Borough in which a sewer shall have been installed
and is ready to receive sewage. The Borough Clerk shall mail such
Notice to Connect as soon as possible following receipt of written
notification from the Authority, describing the area or areas within
which such sewer is available to receive sewage. The Borough Clerk
shall forward a list of the names and addresses of the owners upon
whom the Notice to Connect has been served to the Authority.
[Ord. #204, S 5]
If the owner of any property affected by this ordinance shall
neglect, after notice given as provided in the Revised Statutes of
New Jersey 40:63-52 to 40:63-64, inclusive, to make any such sewer
connection or installation of toilet, the Borough may cause such connection
or installation to be made under its direction and supervision or
award one or more contracts for the making of such improvement, and
such sewer connection or installation charge shall bear interest and
be a first and paramount lien against the respective property or properties
so connected with the sewer to the same extent as assessments for
local improvements, and shall be collected and enforced in the same
manner, all as provided in Section 40:63-54 of the Revised Statutes
of New Jersey.
