[Added 7-22-2003 by Ord. No. 2003-24]
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.