The owner of every house, building and structure not occupied or used or capable of being occupied or used by human beings, located on or near a street along the line of any sewer existing in the Borough of Englishtown shall, on or before May 31, 1978, connect all toilets and all other waste-disposal units of any kind, description or character whatsoever, located in all such houses, buildings or structures, to the sewerage system of the Borough of Englishtown.
[Adopted as Ch. 2.106, Secs. 2.106.01 through 2.106.11, of the 1997 Code]
[Amended 11-25-1987; by Ord. No. 87-19; 2-16-1988 by Ord. No. 88-03; 9-25-1996; 3-9-2005 by Ord. No. 2005-07; 8-8-2007 by Ord. No. 2007-12; 8-13-2008 by Ord. No. 2008-07; 12-14-2009 by Ord. No. 2009-14; 11-26-2010 by Ord. No. 2010-10; 8-29-2011 by Ord. No. 2011-05; 7-25-2012 by Ord. No. 2012-09; 10-28-2013 by Ord. No. 2013-06; 9-29-2014 by Ord. No. 2014-06; 9-21-2015 by Ord. No. 2015-13; 10-26-2016 by Ord. No. 2016-07; 10-25-2017 by Ord. No. 2017-06; 8-14-2019 by Ord. No. 2019-04; 3-25-2020 by Ord. No. 2020-02]
A.
The owner of every house, building and structure hereafter constructed, modified or improved which may be occupied or used by human beings, located on or near a street along the line of any sewer now or hereafter constructed, acquired or operated in the Borough of Englishtown shall, within 30 days of the date on which the services of such sewer are made available to such houses, buildings or structures or prior to occupancy or use of such houses, building, or structures, whichever date shall be later, install all necessary sanitary disposal facilities therein and connect such facilities with the sewerage system of the Borough of Englishtown. No certificate of occupancy[1] shall be issued affecting any house, building or structure deemed by the Code Enforcement Officer to be in violation of the requirement of this article. In no event shall a building permit be issued until such time as a determination has been made of the number of equivalent domestic consumer units to be charged to such property and until such time as the owner has paid to the Borough of Englishtown the full amount of the connection fee then in force by the Western Monmouth Utilities Authority and the Borough of Englishtown.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown which may be occupied or used by human beings shall, if connection with the sewer system of the Borough of Englishtown is made on or after November 22, 2021, be charged a connection fee of $943. Any other nonresidential user in the Borough of Englishtown and any other user outside the Borough of Englishtown who desires to connect to the sewer system of the Borough of Englishtown on or after February 19, 1988, shall be charged a connection fee as determined by contract between the user and the Borough of Englishtown. For purpose of this subsection, "user" is defined as a person or entity who desires to connect to the sewer system of the Borough of Englishtown. No building permit shall be issued by the Borough of Englishtown, where one is required, until such times as the required fee as specified in this subsection has been paid to the Borough of Englishtown. Said fee shall be payable to the Borough of Englishtown and is in addition to the connection fee payable to the Western Monmouth Utilities Authority.
[Amended 12-20-2021 by Ord. No. 2021-09]
The owner of any building or structure used in whole or in part for industrial or commercial purposes shall, on or before May 31, 1978, or within 30 days of the date on which the services of the sewerage system of the Borough of Englishtown shall be made available to such building or structure, whichever date shall be later, install such facilities as are necessary to accept and dispose of all wastes of any kind, character or description whatsoever emanating therefrom and connect such facilities with the sewerage system of the Borough of Englishtown.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event the owner of any house, building or structure referred to in §§ 510-1, 510-2 and 510-3 shall fail or refuse to make any installation or connection required by this article within the time herein required, the Borough may proceed to make such installation or connection or cause the same to be made and assess the costs thereof as a lien against such house, building or structure, pursuant to N.J.S.A. 40A:26A-1 et seq.
All installations and connections required to be made pursuant to this article shall be made in accordance with such rules and regulations of the Borough of Englishtown affecting the sewerage system of the Borough of Englishtown, as may be promulgated from time to time by the Borough Council of the Borough of Englishtown, as such rules and regulations are in effect during the period when such installations and connections are required, copies of which rules and regulations shall be kept on file and opened to public inspection in the office of the Borough Clerk of the Borough of Englishtown at the Municipal Building, Main Street, Englishtown.
The owner of every nonresidential building or structure shall pay the sum established by the Western Monmouth Utilities Authority per equivalent domestic consumer unit in accordance with the number of such units located in and about each such building or structure, as such units are defined by the Western Monmouth Utilities Authority's rules and regulations and in accordance with the list of such units to be adopted by and promulgated with the rules and regulations of the sewerage system of the Borough of Englishtown. All such payments shall be made to the Borough of Englishtown on or before May 31, 1978.
The owner of every house, building or structure shall permit reasonable access to the Code Enforcement Officer of the Borough and to such other officials as may be designated from time to time in the rules and regulations of the sewerage system of the Borough for the purpose of making inspections of all installations and connections. Failure or refusal to permit such access or to make installations and connections in accordance with this article and with the provisions of all ordinances of the Borough of Englishtown shall be deemed a violation of this article, punishable in accordance with the provisions of § 510-11.
The article shall not apply to seasonal roadside stands where farm products or produce is sold.
The provisions of this article shall not in any way be construed to permit any structure or use not otherwise permitted by Chapter 620, Zoning, of the Code of the Borough of Englishtown.
In the event the provisions of any ordinances or resolutions of the Borough Council affecting sewage treatment or sewerage installations or connections enacted prior to the enactment of this article shall be deemed inconsistent with the provisions of this article, the provisions of this article shall govern and prevail.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.