[Adopted 10-24-1988 by Ord. No. 49-88]
The purpose and intent of this article is to provide procedures and requirements pursuant to which all sewage collection and treatment costs of the Borough of Madison, including operating and capital costs of the collection system operated by the Borough and the Borough's share of the cost of the treatment facility operated by the Madison-Chatham Joint Meeting, shall be funded by a combination of ad valorem taxes and sewer use charges applicable to tax-exempt properties which use sewer services provided by the Borough, with the amount of the sewer use charges and the amount of funds to be provided by ad valorem taxes to be established in a manner which equitably allocates costs among all users of sewer services in approximate proportion to usage.
The owner of each parcel of land with improvements which are connected with and served by the sanitary sewer system operated by the Borough of Madison and which does not contribute toward the cost of providing such sewer services through the payment of ad valorem taxes shall be subject to a sewer use charge. Said charge shall also be applied to any real property subject to a payment-in-lieu-of-taxes (PILOT) financial agreement with the Borough of Madison pursuant to N.J.S.A. 40A:12A-1 et seq.
[Amended 6-25-2012 by Ord. No. 10-2012]
The sewer use charge shall be billed at a rate of $0.0520 per cubic foot of water consumed, which rate has been calculated and established based on equitable allocation of costs of providing sewer services to all users of sewer services on the basis of water consumption, subject to certain accounting allowances and adjustments.
[Amended 4-10-1989 by Ord. No. 10-89; 12-10-2007 by Ord. No. 77-2007; 4-13-2009 by Ord. No. 16-2009; 12-14-2009 by Ord. No. 59-2009]
Editor's Note: This ordinance provided an effective date of 1-1-2010.
The sewer use charge shall not apply to any property owned by the Borough of Madison.
[Added 6-12-1989 by Ord. No. 17-89]
Regardless of whether a property is subject to the sewer use charge provided for under § 155-18, a surcharge fee shall be imposed for a sewer service to any property upon which a connection has been made to the sanitary sewer system which allows the discharge into the sewer system of surface water or rainwater from yards, areas, courts, cellar drains or roof drains contrary to the prohibition in § 155-8C.
This surcharge fee shall be calculated at a rate of $0.025 per cubic foot of water consumed during the quarter of the year in which the illegal connection is identified and in any subsequent quarter until the illegal connection has been eliminated. The sewer service surcharge fee shall be included as a separate charge on the quarterly water bill sent to the property owners, and the owner shall be responsible for payment in accordance with the procedures and requirements in Chapter 190 of the Borough Code. Notwithstanding this billing procedure, the sewer service surcharge fee shall be deemed to constitute a charge for sewer use for accounting purposes and for purposes of § 155-20, which provides for unpaid charges to be a lien upon the real property.
Editor's Note: This ordinance also provided that these provisions shall remain inoperative until 7-1-1989.
The owner of each parcel of land containing a building or structure connected to and served by the sewer system and which is subject to the sewer use charge provided for in § 155-18 shall be billed for the sewer service provided by the Borough on a quarterly basis.
[Amended 6-12-1989 by Ord. No. 17-89]
Sewer service bills shall be due and payable within 30 days of the date thereof.
Unpaid sewer use charges shall be a lien upon the real property to which they relate. If any sewer service bill shall remain in arrears for six months or more from the due date thereof, the officer or employee charged with the duty of collection thereof may file with the Tax Collector a statement showing the arrearages, and, from the time of such filing, said amount shall become a lien upon the real property to which sewer service was furnished and in connection with which the charges were incurred, to the same extent as taxes are a lien upon real property in the Borough, and shall be collected and enforced by the same officers and in the same manner as liens for taxes.
Each section of this article and every part of each section is an independent section or part of a section, and the holding of any section, or a part thereof, to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.