[Adopted by Sec. 19-7 of the 1976 Revised General Ordinances]
As used in this article, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
BUILDING
Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or for other use or occupancy by persons.
CONNECTION DATE
When used with respect to a building constructed prior to the date of initial operation, as a part of any sanitary sewage treatment and disposal system in the Township, owned or operated by the Township or the West Milford Township Municipal Utilities Authority, of a sewer in a street, upon which such building is located, means 180th day next ensuing after the date of initial operation, and when used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system owned or operated by the Township or such Authority, of a sewer in the street, upon which the building is located, means the 60th day after the date of completion of construction, or the date of initial occupancy, of such building, whichever of the dates shall be earlier in point of time.
SEWER
Any sewer or main designed or use for collection or disposal of sanitary sewage and located within the Township.
The owner of each property along the line of any sewer now or hereafter constructed in the Township shall connect each building on such property with a sewer prior to the connection date with respect to such building.
Every connection required by this article shall be made with soil pipe of extra heavy iron, calked and leaded, extending from inside the building foundation to a sewer, or to a point which is not less than five feet outside of such foundation and connection therefrom to a sewer with soil pipe of asbestos cement or extra heavy cast iron pipe, or other material approved by any code adopted by the Department of Health. All soil pipes shall be not less than four inches in diameter, and every connection required by this article shall be made in a manner to discharge into such sewer all sanitary sewage originating in the building, and in all other respects as required by any code of the Department of Health.
Upon receipt by Health Department of notification from the West Milford Township Municipal Utilities Authority or from the Township that any sewer is available to serve buildings on any street in the Township, the Department of Health shall order each owner of property along the line of such sewer to connect each building on such property with such sewer in accordance with the terms of this article.
The Department of Health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 300-23. Such notice shall be addressed to the owner of the property as the name of the owner appears in the last tax duplicate of the Township, shall describe the property by lot and block designation as the same appears on the tax map of the Township and by the street address if a street address exists, and shall state that by order of the Department of Health the owner is required to connect each building on the property with the sewer in accordance with the terms of this article on or before the connection date with respect to such building, or if such connection date shall have passed, within 30 days after the service of such notice as hereinafter provided, and the notice shall also describe the penalty which may be imposed hereunder for failure to comply with the notice and order in accordance with the terms of this article. The notice may be served on the owner personally or by leaving it as his usual place of abode with a member of his family above the age of 18 years. The notice may also be served within or without the limits of the Township by mailing the same by registered or certified mail to the last known post office address of the owner as the same appears on the last tax duplicate of the Township.
Any person who shall not comply with any order issued in accordance with the provisions hereof within 30 days after notice by the proper office of the Department of Health as hereinabove provided shall, upon complaint by such officer of the Department or the Secretary of the West Milford Township Municipal Utilities Authority, or any other person, and upon conviction, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. Penalties under this article may be enforced in the Municipal Court of the Township in the manner provided by law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If an owner of property along the line of any sewer now or hereafter constructed in the Township shall, on due application, clearly demonstrate that the requirement of connection to the sewer will exact an undue hardship, and that the literal enforcement of this article as against him would be impracticable, the Department of Health may permit an exception to be allowed such owner from complying with the requirements of this article; provided that such owner has on his property an individual sewer system functioning according to the local sanitary code and that such system does not result in a menace to the public health. Any exception so made, however, shall cease and become immediately ineffective should such individual sewer system cease to function in accordance with the local code, in which case the requirement of connecting to the sewer system shall become mandatory.
To the extent that the installation and construction of sewers in the various areas of the Township shall be for the best interest of the public, the West Milford Township Municipal Utilities Authority shall, before the undertaking of any program or prior to the taking of any action for such sewering in any designated area, confer with the Department of Health. The lack of strict enforcement of this section, however, shall not in any way affect the validity of this article.
[Added 10-5-1983 by Ord. No. 1983-25[1]]
The fee for the issuance of a permit for each house connection to an approved sewer system is set forth in Chapter 135, Fees and Costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).