A. 
This chapter shall be enforced by the Township of Allamuchy Water and Sewer Department and/or other municipal officials of the Township of Allamuchy.
B. 
Any person, firm, corporation or individual that violates this chapter shall be subject to prosecution in Municipal Court and shall, upon conviction thereof, be subject to one or more of the following penalties: (1) imprisonment for any term not exceeding 90 days; (2) a fine not exceeding $2,000; or (3) community service not exceeding 90 days. These penalties shall be in addition to any other penalties and fines that may be assessed for violation of these rules and regulations.
A. 
For any violation of the rules and regulations, the Department may impose any or all of the following penalties:
(1) 
Discontinuance of all or part of service at the property where the violation occurs.
(2) 
A monetary penalty for each violation in accordance with the current Penalty Schedule in Appendix "B."[1] In the case of continuing violation, each day of violation shall be deemed to be a separate violation. Where there is evidence of a violation of § 297-21D of these rules and regulations, there shall be a presumption that the violation continued for each day of the calendar quarter in which the violation was observed or measured and the Department shall have the discretion to charge a full or part quarter assessment.
[1]
Editor's Note: Appendix "B" is included as an attachment to this chapter.
(3) 
Assessment of all costs to the Department and/or Township to correct the violation, including but not limited to, reimbursement for any penalties which may have been imposed upon the Department and/or Township by any regulatory agency.
(4) 
The penalties for grease and oil violations shall be in accordance with the current Penalty Schedule in Appendix "B."[2]
[2]
Editor's Note: Appendix "B" is included as an attachment to this chapter.
B. 
In the case of continuing violation, each day of violation shall be deemed to be a separate violation. The penalties shall be prepared by the Department and shall be modified based on level of flow, concentration level, remedial action and improved test results. The penalties may be appealed to the governing body of the Township.
C. 
None of the above shall be deemed to prevent the imposition of such criminal and civil penalties as may be imposed by the Municipal Court of the Township of Allamuchy under the applicable ordinances of the Township.
A. 
Fees and deposits to accompany applications and permits. All application fees and required deposits shall accompany applications and permits. For standard application fees see current standard application fees and charges in Appendix "B."[1]
[1]
Editor's Note: Appendix "B" is included as an attachment to this chapter.
B. 
Sewer service charges. All owners of property connected to the sewer system of the Township of Allamuchy shall pay to the Township a sewer service charge in accordance with the current Sewer Service Charges Schedule.
C. 
Charges to connect to sewer system. The following fees shall be imposed for each direct or indirect connection to the Township sanitary sewer system.
(1) 
Connection fee. For the right to connect directly or indirectly to the Township's sewer system, an applicant shall be charged a connection fee for each service unit as specified in the current Fees and Charges Rate Schedule. Such connection fees, which are charged for an initial connection (or reconnection after termination of service) to the sewer system, are an integral part of the Township's rate schedule and are a distinct and separate charge from all other rates and sewer charges and payment for one shall not constitute payment of the other. The connection fee shall be calculated and updated pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-8 and Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-22. Upon an addition, alteration or change in use of any building already connected to the Township system, an additional connection fee may be charged based upon the sewer connection designations.
(2) 
Inspection fees. An applicant for sewer service may also be charged for inspection work to ensure compliance of sewer connections with the Township's rules and regulations as the same are promulgated, amended, modified and supplemented from time to time.
(3) 
Service lateral installation fees. An applicant will be charged for the installation of a service lateral whenever a physical connection is required to be made by the Township or their designated contractor. The charge for installation of service lateral(s) shall be the actual cost incurred by the Township.
D. 
Payments of connection fee.
(1) 
Connection fee payments for single-family homes, existing prior to the installation of collection lines by the Township, and applying and connecting within 30 days after notification of availability of service by the Township, must be:
(a) 
Payment in lump sum prior to connection.
(2) 
Connection fee payments for single-family homes built after collection lines were installed, must be:
(a) 
Payment in lump sum prior to connection.
(3) 
Property owners who fail to make application and connection within the required time limits, and do not have written certification from the Township of Allamuchy indicating valid reasons for not connecting must pay as follows:
(a) 
Payments due in full on date service becomes available. Service is considered available upon notification by the Township, which is not necessarily the time of connection.
(4) 
For developments comprising two or more homes, payment must be made:
(a) 
Within six months of approval of the application for sewer service by the Township, or upon issuance of a building permit, whichever occurs first; or
(b) 
Phased in accordance with construction phases if so approved by the Township.
(5) 
Where multi-family or non-residential structures exist prior to the installation of the collection system, payment must be made:
(a) 
In full within 30 days after the notification that service is available.
(b) 
Prior to the connection if the connection is made within the thirty-day limit.
(6) 
When multi-family or non-residential structures are built after the collection system is available for service, payment must be made:
(a) 
Within six months of approval of the application for sewer service by the Township or upon issuance of a building permit, whichever occurs first.
(7) 
A change in use shall require the submission of Form E-4, Change in Use,[2] and shall require the payment of an additional connection fee, when the connection fee for the resulting use is higher than the connection fee for the prior use at the time of change in use. The amount of the connection fee will be the connection fee for the resulting use, less the connection fee paid or chargeable for the prior use of the property.
E. 
Waste surcharges.
(1) 
Waste volumes shall be based on a metered flow, corroborated (when requested) by water meter records, well pump elapsed time meters or other recordings or observations. Charges for volume shall be as shown in the rate schedule.
(2) 
Waste strength shall not exceed the limits listed in the section entitled "Industrial or Commercial Service"[3] without pretreatment. Where samples indicate that strengths exceed those of a domestically equivalent waste*, and if such wastes have been introduced into the Township sanitary sewer system, surcharges will be imposed as follows:
(a) 
The surcharges for suspended solids, biochemical oxygen demand, chlorine demand, and other materials shall be as specified in the current Fees and Charges Rate Schedule,[4] plus any and all additional costs resulting from the impact of those excess waste strengths of the Township's sewer system, plus any and all testing costs associated with determining the excesses of parameter limits.
[4]
Editor's Note: Appendix B, Fee, Penalty and Charges Schedules is included as an attachment to this chapter.
(b) 
The surcharge for grease, oil, fats, either vegetable or mineral, shall be per pound for the concentrations in excess of the allowable limit of 100 mg/l in accordance with the current Rate Schedule.
(c) 
Where any sample taken by the Township or by the customer shows an excess of suspended solids and BOD in excess of 225 mg/l, grease and oil in excess of 100 mg/l, and chlorine demand in excess of 10 mg/l, then such surcharges as may be developed shall be applicable to a full or partial monthly assessment against the tested customer.
* For sewer service charges, domestically equivalent sewage shall have a BOD5 and suspended solids limit of 225 mg/l or less, and a chlorine demand of 10 mg/l or less. Surcharges will be based on the excesses of BOD5, suspended solids and chlorine demand over the limits as noted above.
[3]
Editor's Note: See § 297-21, Industrial or commercial service.
F. 
Liens; rights and remedies; enforcement.
(1) 
In the event that charges to connect to the sewer system or annual service charge with regard to any parcel of real property owned by any person, corporation, or other entity other than the state or any agency or subdivision thereof shall not be paid as and when due as hereinabove stated, the unpaid balance thereof and all interest accruing thereon, shall be a lien on such parcel, and all such liens shall become enforceable with and as any other municipal lien on real property in the municipality in addition to the other remedies of civil suit or foreclosure or any other remedies which may be available and provided by and under the Laws and Statutes of the State of New Jersey in such case made and provided. Pursuant to N.J.S.A. 40:14B-42, such lien shall be superior and paramount to the interest in such parcel of any any owner, lessee, tenant, mortgagee or other person except the lien of municipal taxes and shall be on parity with and deemed equal to the lien on such parcel of the municipality where such parcel is situated for taxes thereon due in the same year and not paid when due.
(2) 
In the event that charges to connect to the sewer system or any service charge of the Township with regard to any parcel of real property shall not be paid as and when due, the Township may enter upon such parcel and cause the connections thereof to be cut and shut-off until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon, together with re-connection fee shall be fully paid to the Township, and/or may avail itself of any and all other remedies which may be available and provided by and under the Laws and Statutes of the State of New Jersey in such case made and provided. The re-connection fee shall be in the amount of all labor, materials and administrative costs incurred by the Township. The minimum re-connection fee shall be in accordance with the current Fee Schedule.[5]
[5]
Editor's Note: Appendix B, Fee, Penalty and Charges Schedules is included as an attachment to this chapter.
(3) 
All rights and remedies provided in these rules and regulations and in any amendments or modifications hereof and supplements hereto for the collection and enforcement of rates and service charges, initial service charges, connection fees or tapping fees, rents, and rates, and all other fees and charges shall be cumulative and concurrent with and in addition to those provided and authorized in and by the Laws and Statutes of the State of New Jersey in each such case and provided.
G. 
Garbage disposal fees.
(1) 
The Township will permit the use of domestic garbage disposal units in residential dwellings.
(2) 
Non-residential garbage disposal units may only be installed if approved in writing by the Township and use of such units shall be subject to the charges for garbage disposal units in the Township's rate schedule.[6]
[6]
Editor's Note: Appendix B, Fee, Penalty and Charges Schedules is included as an attachment to this chapter.
H. 
Floor drain fees.
(1) 
The Township may permit floor drains, however, a permit will be required, Form F.[7] A supplementary charge over and above the annual sewer service charge, in accordance with Section § 297-6L and the current Fees and Charges Rate Schedule,[8] will be assessed. This extra charge will be billed with the sewer service charge quarterly.
[8]
Editor's Note: Appendix B, Fee, Penalty and Charges Schedules is included as an attachment to this chapter.
(2) 
The Township will charge for inspection of the floor drains if requested by the property owner in accordance with the current Rate Fee Schedule.
(3) 
The property owner will be responsible for all costs of annual permits, quarterly testing and inspections.
(4) 
The property owner will also be responsible for any costs developed from test results showing violation of § 297-21D, E and F. The property owner will also be responsible for any surcharge costs as per Section § 297-6E.
I. 
Swimming pool drain fees. The Township may permit commercial swimming pool drains, however, an annual permit will be required, Form G.[9] A supplementary charge over and above the regular sewer service charge, in accordance with Section § 297-6L(6), and the current Fees and Charges Rate Schedule will be assessed. This extra charge will be billed with the sewer service charge quarterly.
J. 
Miscellaneous charges.
(1) 
Service fee for returned checks. If a check or other written instrument used for payment on an account is returned for insufficient funds, an additional service fee shall be imposed in the amount of $20 and added to the account. If a check used as payment is returned by the bank for any reason, a fee will be charged against the account in accordance with the general Township check charge.
(2) 
Roof leader, storm drain and sump pump connections. If roof leaders, storm drain or sump pump connections are found to exist, such connections must be removed within 60 days after adoption of these rules and regulations by the Township. On such finding, charges for roof leaders and storm drain connections will be assessed retroactively at the rate of 0.25 units per 1,000 square feet of tributary stormwater drainage area of impervious area, retroactive for the period of use (maximum two years), but not before the effective date of these rules.
(3) 
Sump pumps. As stipulated elsewhere, the discharge from sump pumps shall not be connected to the Township sewer system. If found connected, the property owner will be charged on the basis of continuous discharge at 10% of the rated pump capacity (one unit equals 100,000 gallons per year). Charges will also be levied retroactively for the period of use, to a maximum of two years, but not before the effective date of these rules. The property owner must remove any connected sump pump within 60 days after adoption of these rules and regulations by the Township.
K. 
Other rates and deposits for escrow.
(1) 
When any application shall be made to the Township of Allamuchy other than those applications specifically provided for herein, there shall be deposited with the Township an escrow fund which shall be utilized for purposes of reimbursing the Township for all expenses of professional personnel incurred and paid by the Township for the review process of an application for development before the Township, such as, but not limited to:
(a) 
Charges for reviews by professional personnel of applications, plans and accompanying documents;
(b) 
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant;
(c) 
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts or representatives;
(d) 
Review of additional documents submitted by the applicant and issuance of reports relating thereto;
(e) 
Review or preparation of easements, developer's agreements, deeds, approval resolutions, or the like;
(f) 
Preparation for and attendance at all meetings by professionals serving the Township, such as the Attorney, Engineer and Planner, or other experts as required;
(g) 
The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; and
(h) 
All costs associated with a court reporter, if desired by the applicant, including but not limited to, transcribing and furnishing a transcript.
(2) 
The escrow account deposits shall be placed in a separate account by the Township Treasurer/Chief Financial Officer at the direction of the Administrative Officer and an accounting shall be kept of each applicant's deposit.
(a) 
All professional charges shall be paid from the account and charged to the applicant.
(b) 
Any monies not expended for professional services will be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Township Council.
(c) 
If, at any time during the review procedure, 50% of the monies posted shall have been expended, the applicant shall be required to post such additional sum as may be required by the Administrative Officer to cover professional costs.
(d) 
The applicant shall not be entitled to proceed with the application or any development until such time as the necessary monies have been posted to guarantee payment of professional service fees.
(e) 
All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred.
(f) 
Upon written request by the applicant at any time, the Administrative Officer shall forward to the applicant immediately upon receipt a copy of the voucher for professional charges against the applicant's escrow account deposit. The applicant may request through the Administrative Officer a written accounting of the charges in the voucher from the professional where such charges are high or the scope of work performed is not clearly defined. The applicant shall thereafter have the opportunity to appear before the Township to state his objections or questions relative to the charges during the public portion of any regularly scheduled Township Council meeting.
(g) 
No professional submitting charges to the Township for any review of an application for development shall charge for such services at any higher rate or in any different manner than would normally be charged to the Township for similar work.
(h) 
The Township shall render a written final accounting to the developer on the uses to which the deposit was put and, thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer.
(3) 
Each applicant shall agree to pay all reasonable costs for professional review of the application. All such costs for review must be paid before any approved plat, plan or deed is signed and before any construction permit, and/or other permit is issued.
(4) 
The applicant is also responsible for depositing monies into escrow in accordance with the schedules to reimburse the Township for all expenses of professional personnel incurred to inspect the installation of improvements to ensure satisfactory completion. The developer shall deposit with the Township Treasurer/Chief Financial Officer inspection fees in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements as determined by the Township Engineer in accordance with the rules and regulations, provided that:
(a) 
For those developments for which the reasonable anticipated inspection fees are less than $10,000, the fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer and/or other professionals for the inspection(s), the developer shall deposit the remaining 50% of the anticipated inspection fees.
(b) 
For those developments for which the reasonable anticipated inspection fees are $10,000 or greater, the fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer and/or other professionals for the inspection(s), the developer shall make additional deposits of 25% of the anticipated inspection fees.
(5) 
The inspection escrow shall be deposited by the Township Treasurer/Chief Financial Officer or his/her designee, in an account for such purposes under the sole control of the Township. Said inspection escrows may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept so as to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer, or such other officials as designated by the Township, including but not limited to the Township Planner or the Township Attorney.
(6) 
The Township Engineer shall not perform any inspection if insufficient funds to pay for their inspections are not on deposit. Upon certification by the Township Engineer or his designee that the inspection escrow account funds have been expended and that reasonable inspection costs and expenses remain, the developer shall be required to deposit such additional inspection fees in the inspection escrow account as may be reasonably required to complete the balance of the inspection during the course of construction. Failure to post and maintain the current balances of the inspection escrow pursuant hereto will subject the developer to a "stop-work" order and/or suspension of construction permits.
L. 
Minimum annual charges and initial connection charges. The calculation of minimum service units for each connected property shall be based on the following schedule (see current "Sewer Service Charges Schedule" and "Connection Charge Schedule"[10] for full charges):
Charge Purposes
Minimum Service Units for Annual
Minimum Service Units for Initial Connection Charge
1.
Single-family home
1.00
1.00
2.
Multi-unit housing (including apartment, hotel/motels, townhouses, trailer stalls, dormitories, condominiums, etc.)
a)
For each apartment in a multi-family dwelling
1.00
1.00
b)
For each house trailer
1.00
1.00
c)
For each separate hotel/motel type room, without kitchen
0.50
0.50
d)
For each efficiency hotel/motel or rooming house unit
1.00
1.00
3.
Schools
a)
For each classroom
1.00
1.00
4.
Commercial
*
**
5.
Floor drains, all uses
a)
Additional per 1,000 sq. ft. or part of tributary area
0.30
0.30
b)
Additional for floor drains per bay where occasional car washing may be expected
0.33
0.33
c)
Additional for floor drains per bay where occasional truck washing may be expected
0.66
0.66
6.
Swimming pool drains
a)
For each 10,000 gallons or or part thereof capacity
0.10
0.10
*
Minimum one unit, plus total actual annual metered water usage greater than 100,000 gallons divided by 100,000 gallons
**
Minimum one unit, plus total estimated annual water usage greater than 100,000 gallons divided by 100,000 gallons
General Notes Regarding Sewer Service Charge
1.
Interest will be charged on delinquent accounts at the maximum rate permitted by statute.
2.
Charges for new installations, connections, repairs, inspections, etc., will be made on the basis of actual cost to the Township.
3.
Charges are levied in advance of service.
4.
Mixed use and multi-occupant properties shall be charged service charges and connection charges per unit based on each separate use.
[10]
Editor's Note: Appendix B, Fee, Penalty and Charges Schedules is included as an attachment to this chapter.