Township of Howell, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township of Howell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water and Sewer Project Advisory Committee — See Ch. 5, Art. I.
Sewer and water — See Ch. 252.
[Adopted 12-23-1974 as § 9-1 of the 1974 Code]
There are in and about the western Monmouth area waters which are polluted and subject to pollution by sewage and industrial and other wastes arising from causes within the territories of the Township and the other four municipalities hereinafter mentioned. The Township Council has ascertained that there is an imperative need to relieve such waters from pollution and thereby to reduce and ultimately abate the menace to the public health resulting from such pollution. The Sewerage Authorities Law of the State of New Jersey (Laws of 1946, Chapter 138, as amended and supplemented)[1] grants power to any two or more municipalities, the areas of which together comprise an integral body of territory, by means and through the agency of a sewerage authority, to acquire, construct, maintain, operate or improve works for the collection, treatment, purification, or disposal of sewage or other wastes, and the Boroughs of Freehold and Farmingdale, the Township and portions of the Townships of Wall and Freehold together comprise such an integral body of territory. The Township Council has decided and hereby determines that it is necessary and advisable and that it is in the best interests of the inhabitants of the Township that by joint parallel action by or on behalf of the Boroughs of Freehold and Farmingdale and the Townships of Wall, Howell and Freehold, each a municipal corporation of the State of New Jersey situated in the County of Monmouth and hereinafter referred to as "municipalities," there be created a sewerage authority pursuant to the Sewerage Authorities Law as a public body corporate and politic and an agency and instrumentality of the municipalities for the purpose of the relief of the waters in or bordering upon the state from pollution arising from causes within the area of the municipalities and the relief of waters in, bordering or entering the area from pollution or threatened pollution and the consequent improvement of conditions affecting the public health and to further provide for a collective approach solving the sewage and pollution problems of the area of the municipalities.
[1]
Editor's Note: See N.J.S.A. 40:14A-1 et seq.
Pursuant to the provisions of Paragraph C, Section 4, of the Sewerage Authorities Law of the State of New Jersey (Laws of 1946, Chapter 138, as amended and supplemented), there is hereby created a public body, corporate and politic, under the name of and style of the Manasquan River Regional Sewerage Authority, which sewerage authority shall be formed of territory as indicated on a map known as "Existing Facilities, Manasquan River Region, Sewerage Study Plan, Plat 1, Thomas W. Birdsall, Professional Engineer, Land Surveyor and Professional Planner, Belmar, New Jersey," dated June 16, 1911, a copy of which is on file in the Township Clerk's office.
A. 
The Manasquan River Regional Sewerage Authority shall be an agency and instrumentality of the five municipalities created by parallel ordinances duly adopted by their governing bodies and is a sewerage authority as contemplated and provided for by the Sewerage Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for in the Sewerage Authorities Law and other statutes heretofore or hereinafter enacted and applicable thereto, except that it shall not have the power to construct, install, maintain or operate local or municipal sewage collection systems nor any part thereof within the boundaries of any participating municipality. This limitation shall not prohibit the regional authority from constructing, maintaining or operating regional transmission mains within the boundaries of any participating municipality, extending from the local or municipal sewage collection system of any participating municipality to the regional authority's sewage treatment plant or plants.
B. 
All physical facilities of the regional authority, including treatment plants and pumping stations, shall, if feasible and practicable, be located and constructed in compliance with all lawful and reasonable zoning, building, screening, buffer, noise and odor requirements of the municipality in which they are to be located.
[Amended 2-19-2002 by Ord. No. 0-02-1; 3-21-2006 by Ord. No. 0-06-11]
The Manasquan River Regional Sewerage Authority shall consist of 10 members, and two of such members shall be appointed by the governing body of each municipality in accordance with the provisions of the Sewerage Authorities Law. The Manasquan River Regional Sewerage Authority shall be authorized to establish an annual salary for each of its members for the year 2002 of not more than $3,000. For each year thereafter, the maximum annual salary for each member shall be computed by applying a factor, based upon the annual increase or decrease in the Implicit Price Deflater Index (also known as the Municipal Cap Index) to the maximum salary for the prior year to determine the yearly adjusted maximum salary of each member. Members appointed by the governing body of the Township of Howell shall be residents of the Township and shall maintain their residency during their term of office. Each member shall certify with the Township Clerk that they are residents of the Township of Howell by February 1 of each year of their term. Failure to so certify shall be deemed cause for removal by the governing body.
This article duly certified by the Township Clerk has been filed by the Township Clerk in the office of the Secretary of State of the State of New Jersey pursuant to the provisions of the Sewerage Authorities Law.
[Adopted by Ord. No. 0-76-22 (§ 9-2 of the 1976 Code)]
A. 
Pursuant to the Sewerage Authorities Law, constituting Chapter 138 of the Pamphlet Laws of 1946 of the State of New Jersey, approved April 23, 1946,[1] the Authority was created by virtue of a resolution duly adopted by the Board of Chosen Freeholders of the County of Ocean, New Jersey, and is a public body politic and corporate of the State of New Jersey, organized and existing under said law, established as an instrumentality exercising public and essential governmental functions to provide for the public health and welfare, with all necessary or proper powers to acquire, construct, maintain, operate and use sewerage facilities for the relief of the waters in, bordering or entering the district (as defined in the agreement) from pollution or threatened pollution and for improvement of conditions affecting the public health, and the Authority is ready to design, finance, construct and put in operation a regional sewerage system, and federal and state and environmental authorities have determined that the most economical, efficient and environmentally sound method and agency for the treatment of sewage in the Metedeconk Basin region is under the auspices of the Ocean County Sewerage Authority.
[1]
Editor's Note: See N.J.S.A. 40:14A-1 et seq.
B. 
Pursuant to Chapter 138, an agreement and supplement thereto with the Authority for the disposal of sewage from the Township have been submitted to the Mayor and Township Council, and it appears after due consideration that it is in the best interest of the Township of Howell to enter into the agreement and supplement thereto.
The Mayor and Township Council have ascertained and do hereby determine that the Township is situate within the district as defined in the agreement of the Ocean County Sewerage Authority, or is polluting or threatening to pollute the waters in, bordering or entering such district, and can advantageously use the regional sewerage system of the Authority and that it will be economical and in other respects advantageous to it to have wastewater, sewage and other wastes treated and disposed of by the Ocean County Sewerage Authority on and pursuant to the terms of the agreement and any supplement thereof, heretofore submitted to the Township of Howell, copies of which are to be filed in the office of the Township Clerk and available for public inspection, which agreement and any supplement thereto by this reference is made a part hereof as if the same were set forth verbatim herein.
The Township of Howell, New Jersey, shall enter into the agreement and supplement thereto with the Ocean County Sewerage Authority providing for and relating to the treatment and disposal, on the terms and conditions set forth therein, and the Mayor and Township Clerk are hereby authorized and directed on behalf of the Township to execute the agreement and supplement thereto under the Corporate Seal of the Township, which shall be affixed and attested by the Township Clerk, and to deliver the same. The agreement and supplement thereto shall be in the form filed in the office of the Township Clerk, and the terms and conditions thereof are hereby approved and specifically agreed to.