The Township of Pequannock will recognize certain claims for
damages resulting from the backup of sewage from the public sewerage
system onto certain private premises occurring after the effective
date of this article and occurring under the certain specific circumstances,
all as hereinafter specified, notwithstanding the immunity from such
claims afforded by N.J.S.A. Title 59, but nevertheless without prejudice
to any defense whatsoever that the Township may have as to any other
similar claims not recognized hereunder.
Claims recognizable hereunder shall be limited to only such
claims for actual damage to property directly caused by contact with
public sewage that has backflowed from the public sewerage main into
such private premises as the result of a blockage within a public
sewerage main into which such private premises is connected. Specifically
excluded are claims resulting from blockages within the sewerage system
of private premises and any lateral or other type of connection leading
from that sewerage system on private property into the public main,
including the connection to the main, even though such lateral or
other type of connection may be partially located in a public right-of-way.
For the purpose of this article, the lateral or other type of connection
shall include collar or other devices by which connection into the
public main is made.
Notwithstanding the foregoing, no claim shall be recognized
in the event that the sewerage system upon the premises includes any
drains or other appurtenances or other openings or receptacles below
the highest point of the grade level of the lateral or other device
connecting that sewerage system into the main unless there is installed
a backflow preventer in the system at a point nearer to the connection
to the public system than any of those drains, appurtenances, openings
or receptacles, with the exception of one cleanout opening before
the backflow preventer which shall be securely sealed. Such backflow
preventer must be such type as required under the plumbing code in
effect at the time of the adoption of this article for new construction
under such circumstances. Such required backflow preventer must have
been maintained in accordance with the requirements of its manufacturer
for the proper operation of such device, and any cleanout opening
required in connection therewith shall be kept securely sealed.
Only individual owners of single-family, two-family or three-family
residential dwelling premises who make such premises their primary
residence and who own such premises in their own individual name or
names, and from whose insurance coverage the claim is either fully
or partially excluded, shall be qualified to make a claim under this
article.
The Township will recognize such claims which otherwise qualify
under this article only to the extent of such actual and direct compensatory
damage against which the claimant exercised a reasonable effort in
mitigation. Nominal, prospective, anticipated, speculative, remote,
consequential and exemplary damages are excluded herefrom. Any claim
partially covered by private insurance shall be excluded from coverage
under this article to the extent of such private insurance coverage.
The Township will compensate a qualifying claim for any of the
aforesaid recognizable damages only as follows:
A. Cost of removal of sewage and
of cleaning and sanitizing premises, fixtures and salvageable personalty:
100% to a limit of $1,500.
B. The cost of repair to or replacement
of damaged structure, fixtures or personalty: 100% to a limit $2,500.
Any claimant qualifying hereunder may seek recovery as herein
provided by filing in writing an application signed and certified
as to truthfulness by the qualifying owner of owners of the premises.
Such application shall be filed with the Township Manager upon such
form as he or she may hereafter require within five days of the discovery
of the damage for which the recovery is sought. Any claim made thereafter
shall be barred. The Township Manager shall determine whether and
to what extent such claim is recognizable in accordance with the conditions
and limitations hereinbefore provided. The Township Manager may thereupon
forward said claim to a licensed claim adjuster of the State of New
Jersey to be designated by the governing body for investigation and
a determination as to the amount of compensation to be payable under
this article if the Manager deems necessary. Both the Township Manager
and the claims adjuster may require as they or either of them deem
in their own discretion reasonably necessary such further proof and
inspection; any applicant refusing any request for the same shall
be disqualified for recovery hereunder. Such payment as determined
to be payable shall not be paid to the claimant or claimants until
each of them has duly executed a full and complete release from any
and all further liability of the Township.