[Adopted 2-13-1992 by Ord. No. 1042]
The use of all sanitary sewers in the Township of Saddle Brook shall be in compliance with the rules and regulations of the Passaic Valley Sewerage Commissioners.
The Township of Saddle Brook does hereby adopt and enact a user charge system for the use of the sanitary sewers in the Township of Saddle Brook. The annual user charge shall be computed on the previous calendar year's usage and the current calendar year's flow charge rate and billed in accordance with the procedures as set forth in § 161-113. All sewer charges presently in existence shall continue to be charged and collected after the adoption of this Part 5. This Part 5 is intended to create a new user charge system not presently in force and effect, and this charge shall be in addition to any other charges.
There shall be allowed as a credit against the annual user charge levied an annual credit equivalent to the user charge resulting from 50,000 cubic feet of flow for all residential usage other than hotels, motels and apartments which provision is hereinafter made. With respect to hotels and motels, the annual credit shall be 50,000 cubic feet of flow with respect to every six rooms used for residential occupancy. With respect to apartments, the annual credit shall be equivalent to 50,000 cubic feet of flow with respect to each separate and individual living unit within the apartment complex. Such credit shall be computed using the flow charge rate imposed by the Passaic Valley Sewerage Commissioners upon the Township of Saddle Brook for the current calendar year. Such credit shall not be accumulated from year to year, nor shall such credit reduce the charge otherwise payable under this Part 5 to less than $0 for any year.
The credit extended by § 161-109 hereof shall be available to each property using the sanitary sewers of the Township of Saddle Brook.
All privately owned water wells which are connected to water systems eventually discharging into the sanitary sewers of the Township of Saddle Brook shall be subject to the following provisions:
A. 
The owners of wells existing at the date of adoption of this Part 5 shall notify the Chief Financial Officer of the Township of Saddle Brook, in writing, of the existence and location of such wells within 30 days after the date of passage of this Part 5.
B. 
The owners of wells constructed or completed after the adoption of this Part 5 shall notify the Chief Financial Officer of the Township of Saddle Brook, in writing, of the existence and location of such wells within 30 days of the first usage of such well.
C. 
The Township Engineer of the Township of Saddle Brook may inspect such well to determine the usage thereof. If, in the opinion of the Township Engineer, such well's actual water production, together with the other water usage of the owner thereof, exceed 50,000 cubic feet of water per year, the Township Engineer shall transmit his opinion, in writing, to the Mayor and Township Council of the Township of Saddle Brook. After receiving such opinion, the Township Council may require the owner of such well to install and maintain a water meter thereon, at the owner's expense, by adoption of a resolution.
D. 
If a water meter is required by resolution, as provided in Subsection C above, the owner must install such meter within 60 days of adoption thereof. If the owner shall fail to do so, the Township Council of the Township of Saddle Brook may, by resolution, provide for the installation of such meter and add the cost thereof to the user charge levied under this Part 5.
Before any sewer shall be permitted to flow into any sanitary sewer of the Township of Saddle Brook, the Plumbing Subcode Official shall first determine that such sewer and associated drains function properly, in accordance with all applicable rules, regulations and ordinances of the Township of Saddle Brook.
Billing for the user charges imposed by § 161-108 hereof shall be in accordance with the following procedures:
A. 
In February of each year, the Chief Financial Officer shall attend to the preparation of bills computed on the previous calendar year's usage and the current calendar year's flow charge rate.
B. 
Bills shall be mailed by the Chief Financial Officer of the Township of Saddle Brook to the owners of all properties incurring charges not later than February 28 of each year.
C. 
Bills are due and payable to the Chief Financial Officer on April 1 of each year. If such charges are not paid in full as of that date, the unpaid charges shall be deemed delinquent from such date, and such unpaid charges shall become a lien upon the properties incurring them as of that date.
D. 
All user charges which become delinquent under the provisions of Subsection C above shall bear interest and penalties from the date of delinquency at the same rate as all charges for general taxation and shall be collected and enforced in the same manner as general taxation.
E. 
No charge levied by § 161-108 shall be invalid by reason of any error or omission in stating the name of the owner or owners of the property affected by such charge, if such property or properties have actually incurred such charges.
F. 
No charge levied by § 161-108 shall be invalid by reason of the failure of a property owner to receive a bill. Every owner is put on notice to ascertain from the Township of Saddle Brook the amount which may become due for such charges.
In all instances where property is connected to the sanitary sewer system of another municipality, the user charge under § 161-108 shall be calculated in accordance with the agreements between such municipality and the Township of Saddle Brook. Such property shall be entitled to a user credit under § 161-109 calculated in accordance with the lower of the following: the Passaic Valley Sewerage Commissioners' flow charge rate applicable to the Township of Saddle Brook for the current calendar year; or the flow charge rate applicable under such agreement for the current calendar year.
Not fewer than three copies of the rules and regulations of the Passaic Valley Sewerage Commissioners shall be on file with the office of the Township Clerk of the Township of Saddle Brook for public inspection during Township business hours. In addition, copies of such rules and regulations are available from the Passaic Valley Sewerage Commissioners for the costs of publication thereof.
The Mayor and Clerk of the Township of Saddle Brook are hereby authorized to act as signatories upon and to execute on behalf of the Township of Saddle Brook any amendment of the existing service agreement with the Passaic Valley Sewerage Commissioners which embodies the intent and purpose of the Part 5.
A. 
If any section, subsection, sentence, clause or phrase of this Part 5 is, for any reason, held to be unconstitutional or invalid, such decisions shall not affect the remaining portions of this Part 5.
B. 
All ordinances or any provisions of any ordinance inconsistent with the provisions of this Part 5 are hereby repealed as to such inconsistencies.
C. 
Although this Part 5 shall take effect upon final passage and publication as provided by law, the terms of this Part 5 with respect to sewer charges and the collection of the same shall be retroactive to January 1, 1992.