The following charges and fees for the use of
the local sewer system and the MSA treatment plant are hereby fixed
and/or prescribed. The Township shall charge and the user shall pay
such to the Township on a quarterly basis. For purposes of this section,
the quarterly periods shall be calendar quarters.
A.
As described herein, each user will be charged for
sewer service to cover the debt service costs, plus operation, maintenance
and replacement costs of both the MSA system and the Township's sewer
system.
B.
The above costs will be divided among the users and
expressed as a fee which is billed to the user, separate from taxes.
C.
The cost of operation and maintenance for all flow
not directly attributable to specific users (infiltration/inflow)
will be distributed among all users in the same manner that costs
are distributed for actual use.
D.
In determining the number of service units relative
to each parcel of land, the estimated average daily flow of sewage
shall be divided by the average daily flow of sewage from the average
single-family residence in the Township, which is hereby deemed to
be 225 gallons per day of wastewater flow. The service unit defined
herein shall be otherwise known and designated as an "equivalent dwelling
unit" (EDU).
E.
Class A charges.
(1)
The annual sewer use charge and maintenance fee for
all sewage discharged from units designated herein as Class A shall
be based upon an estimated average daily flow into the system as described
herein. There shall be a sewer use charge and maintenance fee for
each unit served according to the number of units attributable to
the subject real property.
F.
The sewer use charge and maintenance fee per EDU shall be as set forth in Chapter A287, Fees.
[Amended 3-15-2004 by Ord. No. 7-2004; 2-4-2008 by Ord. No. 2-2008]
G.
Class B charges. The annual sewer user charge and maintenance fee for all sewage discharged from units designated herein as Class B shall be as set forth in Chapter A287, Fees.
[Amended 3-2-1998 by Ord. No. 2-1998; 3-15-2004 by Ord. No.
7-2004; 2-4-2008 by Ord. No. 2-2008]
H.
Capacity allocation agreements. In instances where the Township has entered into a capacity allocation agreement, which reserves an amount of flow for a particular user, the minimum annual sewer use charge and maintenance fee for said user shall be based on the total reserved flow. The amount of said charge shall be the total number of EDUs of reserved flow multiplied by the charge and fee per EDU set forth in Subsection F above.
The charges shall draw interest and be a lien
upon the premises until paid, and the Township may exercise the remedies
for the collection thereof with interest, costs and penalties as provided
in N.J.S.A. 40A:26A-12 and otherwise permitted by law for the collection
of taxes upon real estate. Charges for sewer use shall be a lien upon
the premises as provided by statute.
The owner of each premises will be held responsible
for the sewer charges of tenants since the sewer charge is a lien
on the property.
[Amended 3-2-1998 by Ord. No. 2-1998; 2-4-2008 by Ord. No. 2-2008]
If a bill remains unpaid for a period of 30 days or more after it is sent, it shall be deemed delinquent, and, upon 10 days’ written notice to the property owners, service may be discontinued. If service is thus discontinued, it will not be restored until all unpaid bills, statutory interest and a reconnection fee as sets forth in Chapter A287, Fees, are paid.
No adjustment in sewer charges will be made
for leaks or for water wasted by damaged fixtures.
A.
Applications for all properties not connected to the sewer system as of June 30, 1998, or for which a sewer user permit has not been obtained per § 201-7 in the case of vacant land, shall require payment of a separate fee known as a "connection fee" at the time of approval by the Township of the application for connection to the Township's local sewer system. The connection fee, which is in addition to the connection permit fee, does not include the cost of any work to construct the building connection from the structure to the Township's sewer collection system. These costs are the sole responsibility of the property owner and should not be confused with connection fees.
[Amended 3-2-1998 by Ord. No. 2-1998]
B.
The connection fee shall be uniform within each class
of users and shall represent an amount computed in the following manner
to represent a fair payment towards the cost of the system, calculated
as follows:
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A (DEBT) - B (CONTRIBUTIONS) = CONNECTION FEE
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C (No. of EDUs)
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Where:
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A.
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DEBT: the amount representing all debt service,
including but not limited to sinking funds, reserve funds, the principal
and interest on bonds and the amount of any loans and the interest
therein, paid by the Township toward the capital cost of developing
the system as of the end of the immediately preceding fiscal year,
which shall be added to all capital expenditures made by the Township
not funded by a bond ordinance, or debt for the development of the
system, as of the end of the Township's immediately preceding fiscal
year.
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B.
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CONTRIBUTION: any gifts, contributions or subsidies
to the Township received from, and not reimbursed or reimbursable
to any federal, state, county or municipal government or agency or
any private person, and that portion of amounts paid to the Township
by a public entity under a service agreement or service contract which
is not repaid to the public entity by the Township, shall then be
subtracted.
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C.
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NUMBER OF EDUs: the remainder shall be divided by the total number of service units served by the Township at the end of the immediately preceding fiscal year, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector, to produce the connector's contribution to the cost of the system. In attributing service units to each connector, the number of service units shall be computed in accordance with § 201-76.
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C.
The Township and its agents shall annually review
and adopt the equivalent unit charge based upon the above. The Township
reserves the right to enter into an allocation/developer agreement
which includes a credit of the connection fee, if appropriate.
A surcharge may be imposed when a user's sewage
volume, quality or other characteristics are not in compliance with
the Township or MSA rules and regulations and said noncompliance causes
an increase in cost to the Township and/or MSA for managing all sewage
and sludges affected by said noncomplying discharge. Such a surcharge
shall be double the increase in cost to the Township and/or MSA for
the treatment of all sewage and sludges affected by the noncomplying
sewage discharge.
Laboratory analyses will be performed, if deemed
necessary, on composite samples of a user's sewage flow to determine
its biological and chemical composition. The results of these analyses
will be used to determine a user's surcharge, if any. The standard
laboratory procedures shall be those found in the latest edition of
Standard Methods for the Examination of Water and Wastewater. The
costs of these analyses shall be paid by the user.
In cases where the BOD of the sewage, in the
opinion of the Township, does not represent the true character of
the oxygen demand, the Township reserves the right to use chemical
oxygen demand (COD) instead of BOD.
[Amended 2-4-2008 by Ord. No. 2-2008]
The fee for the closing of a sewer line or lateral to a building shall be as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
The fee for a permit to reopen any sewer line or lateral to a building shall be as set forth in Chapter A287, Fees.
[Added 3-2-1998 by Ord. No. 2-1998]
A.
Any owner who does not connect their property to the sanitary sewer by June 30, 1998, or does not comply with a notice to connect within 90 days, in accordance with §§ 201-2 and 201-15, upon complaint by the appropriate official of the Township of Byram and upon conviction in Municipal Court, shall pay a fine not to exceed $1,000, and shall also forfeit and pay a fine of not less than $100 nor more than $1,000 for each additional day of delay.
B.
In the case of vacant land located along the sewer lines, the same penalties and procedures set forth in the preceding section shall apply to any owner who does not obtain a sewer user permit pursuant to § 201-7 by June 30, 1998, or within 90 days of acquiring the property, whichever occurs sooner.
