It is the purpose of this chapter to empower
the Township of Howell, through the Sewer Utility and the Water Utility
to perform all such reasonable and necessary functions in connection
with the providing of sewage disposal and treatment as afforded to
the Township by the provisions of N.J.S.A. 40:63-1 et seq. without
limitation and in connection with the providing of potable water and
the collection of fees therefor as afforded to the Township of Howell
by the provisions of N.J.S.A. 40:62-47 et seq. without limitation.[1] The provisions of this chapter are subject to the ability
of the Township of Howell to provide sewage service and water service
to the extent permitted by law, and in accordance with the terms and
conditions of any existing contracts which are legally binding upon
the Township of Howell.
[1]
Editor's Note: N.J.S.A. 40:63-1 was repealed
by L. 1991, c. 53; see now N.J.S.A. 40A:26A-1 et seq. N.J.S.A. 40:62-47
was repealed by L. 1989, c. 109; see now N.J.S.A. 40A:31-1 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
A valve installed at a water main to control the flow of
water in a water service connection.
A vertical pipe at a curb to permit the operation of a curb
stop valve.
A valve installed at the curb end of a water service connection.
The party contracting for sewer service and/or water service
to a property as hereinafter classified.
Residential classes:
Single-family residential dwellings, comprised
of a building under one roof owned by one or more parties, and occupied
by a single-family residential unit.
Multifamily residential dwellings, being:
A duplex or double house having a solid vertical
partition wall, making it capable of divided ownership.
A building owned by one party or more than one
party consisting of more than one apartment and using in common one
hall and one entrance.
A building owned by one party or more than one
party having a number of apartments and one or more means of entrance.
Commercial, industrial and institutional uses.
Combination residential and commercial, industrial,
and institutional uses.
The duly appointed Township Engineer Director of the Department
of Sewer and Water Utilities, or in their absence, the Township Manager
of the Township of Howell.
[Amended 3-15-2011 by Ord. No. O-11-05]
The duly appointed operational administrator of the Sewer
Utility and/or Water Utility, and in particular shall be understood
to be the Township agent, servant or employee in charge of the day-to-day
operation, installation and maintenance of the sanitary sewer facilities
and/or the water facilities heretofore operated by the Howell Township
Municipal Utilities Authority. Such operator shall be properly licensed
and qualified by the State of New Jersey to perform the necessary
functions attendant to this position.
Any connection, cross connection, bypass, valve, pipeline,
or any like device which permits or may permit any flow of wastes
from any source into the sewage system operated by this utility.
A pipeline connecting a curb stop valve with the building
or buildings upon the premises where the valve is located.
The water-carried wastes created in and carried, or to be
carried, away from residences, hotels, apartments, schools, hospitals,
industrial establishments, or any other public or private building,
together with such surface- or groundwater and industrial wastes as
may be present.
The plants, structures and other real and personal property
acquired, constructed or operated, or to be acquired, constructed
or operated by the Sewer Utility, including sewers, conduits, pipelines,
mains, pumping and ventilating stations, sewage treatment or disposal
systems, plants and works, connections, outfalls, compensating reservoirs,
and other plants, structures, boats, conveyances, and other real and
personal property, and rights therein, and appurtenances necessary
or useful and convenient for the collection, treatment, purification
or disposal in a sanitary manner of any sewage, liquid or solid wastes,
night soil or industrial wastes.
The division of the Department of Sewer and Water Utilities
of the Township, acting pursuant to the direction of the Township
through its elected officials, and performing all functions pertaining
to the treatment of sewage heretofore performed by the Howell Township
Municipal Utilities Authority.
The duly appointed employee of the Township authorized to
collect fees and charges and to process applications for sewer service
and/or water service.
A device for measuring the quantity of water passing through
a pipe at a given location.
A connection pipe between a street main and the adjacent
curb, together with a curb stop valve and a curb box.
The division of the Department of Sewer and Water Utilities
of the Township acting under the direction of the Township through
its elected officials, and performing all functions pertaining to
the providing of potable water heretofore performed by the Howell
Township Municipal Utilities Authority.
A.
The Township Council of the Township of Howell is
hereby empowered to adopt, by resolution, such portions of the current
rules regulating the Howell Township Municipal Utilities Authority
as it deems proper and necessary in order to enable the Department
to perform the purposes enumerated herein and any additional rules.
In addition, the Township is hereby empowered to retain the professional
services of such sanitation, engineer, or other expert as the Township
shall determine to be necessary for the purpose of establishing appropriate
rules and regulations affecting the installation, maintenance, repair
and control of plumbing and drainage of buildings and the connection
thereof to the Sewer Utility's facilities and the installation, maintenance,
repair and control of water facilities, pumps and other appurtenances
and the connection thereof to the Water Utility's facilities. These
rules and regulations may be adopted by the Township by resolution
and by reference if appropriate.
B.
There is hereby adopted Rules and Regulations for
Sewer Connection, Township of Howell, Monmouth County, New Jersey,
August 2003, being prepared by Thomas K. Rospos, P.E. of Birdsall
Engineering, Inc., containing 55 pages plus various schedules and
attachments in order to establish procedures and requirements for
connection to the Howell Township Sewer Utility.
[Added 5-18-2004 by Ord. No. O-04-16[1]]
[1]
Editor's Note: This ordinance also provided
that three copies of said regulations are available in the Township
offices.
There is hereby established a transition period
of 120 days' duration, during which time, the Director of the Department
shall assume the operation of the Sewer Utility and Water Utility
functions heretofore carried out by the Howell Township Municipal
Utilities Authority. During such transition time, which may be extended
by resolution of the Township for such reasonable time as it deems
proper and just, the Director of the Department shall utilize the
rules and procedures as established by the Howell Township Municipal
Utilities Authority which, pursuant to the provisions of N.J.S.A.
40:49-5.1 are annexed to Ordinance No, 0-90-12, and which have been
and are now filed in the office of the Clerk of the Township, and
which will remain on file there for the use and examination of the
public, except where such rules and procedures are inconsistent with
the provisions of this chapter.
To the extent not specifically set forth herein,
the Township Council of the Township of Howell specifically reserves
unto itself all those certain powers, rights and responsibilities
as set forth at length at N.J.S.A. 40:63-1 et seq. and N.J.S.A. 40:62-7
et seq.[1] which provisions may be deemed by the Township necessary
for the operation of the Municipal Sewer Utility and Municipal Water
Utility created hereby.
[1]
Editor's Note: N.J.S.A. 40:63-1 was repealed
by L. 1991, c. 53; see now N.J.S.A. 40A:26A-1 et seq. N.J.S.A. 40:62-47
was repealed by L. 1989, c. 109; see now N.J.S.A. 40A:31-1 et seq.
The Township, through the Department, shall
have a right of access to any customer's premises and to all equipment
and property of the Township at reasonable times for the purpose of
reading meters or inspecting, repairing or replacing equipment used
in connection with the supplying of sewer or water services, or for
the removal of equipment or property. The customer shall obtain for
the Department all necessary permission from tenants or others needed
or access to equipment or property. Customers shall not permit access
to meters or other Department property except by authorized employees
of the Department or other authorized state or local inspectors.
All connection, user, and other fees and charges
set forth in this chapter shall draw the same interest from the time
that they become due as taxes upon real estate in the Township and
shall be a lien upon the premises connected until paid. The Township
shall have the same remedies for the collection thereof, with interest,
cost and penalties, as it has for all collection of taxes upon real
estate.
[Amended 3-15-2011 by Ord. No. O-11-05]
Each contractor or other person performing work
on Township public property for the purpose of installing sanitary
sewer or water connections shall post a performance guarantee acceptable
to the Township. All work shall be adequately guarded with barricades,
lights and other measures for protection to the public from hazard.
Streets, sidewalks, curbs and other public property disturbed in the
course of the work shall be restored in a manner satisfactory to the
Township.
No person shall uncover, make any connection
with or opening into, use, alter or disturb any public sewer or public
water or appurtenance thereto without first obtaining a written permit
from the Director.
[Amended 3-15-2011 by Ord. No. O-11-05]
No person shall build, install, modify or operate any off-tract
facilities, on-tract facilities or service lateral for water and sewer
service within the Township or Township franchise areas without making
an application to the Director.
A.
Sewer service connections and water service connections
shall be made upon written application to the Director on forms furnished
by the Director and signed by the owner of the property or by a duly
authorized agent.
B.
No application for service will be accepted for installation
between December 15 and April 15, unless the property owner agrees
to pay the additional cost that may be incurred because of adverse
weather conditions during this period.
C.
A supply of water for construction or any other special
purpose, except on premises already supplied with water by meter,
shall be had only by special written application to the Water Utility.
Approval of an application for a water connection
or sewer connection can only be made if it has been determined that
a water main, approved by the Water Utility, or a sewer main approved
by the Sewer Utility exists in front of the applicant's property or
in the public right-of-way. The main shall extend the length of the
applicant's property and if it does not so extend it shall be extended
at the applicant's expense in accordance with Water Utility or Sewer
Utility specifications.
No person or persons shall in any manner, without
permission, connect or disconnect or tamper or interfere with any
property of the Water Utility or Sewer Utility of the Township of
Howell, such as pipes or conduits, meters, hydrants, valves, instruments
or other accessories or property.
A.
The Department may refuse to connect to any customer's
piping system or to supply water or sewer services to a system if
said system has not been designed or installed in accordance with
the applicable regulations or if any parts of the piping system have
not been installed at sufficient depth to prevent freezing.
B.
The Township shall not be responsible for any inadequacy
of sewer or water service should the customer make alterations, changes
or additions to an existing system without notifying the Department
Director in advance of any proposed alterations, changes or additions.
C.
In case of defective service or inadequate water supply,
the customer shall not interfere with meters or other property of
the Department, but shall immediately notify the office of the Director.
Complaints concerning the character of the service
furnished or the reading of meters or bills rendered shall be made
at the Department office to the Collector or the Director of the Department,
in writing. A record of such complaints will be maintained by the
Department to show the names and addresses of the complainants, dates
and nature of the complaints and the action taken thereon.
Any person, firm or corporation violating the
provisions of this chapter or any succeeding ordinances or resolutions
pertaining to the subject matter of this chapter which might be enacted
or adopted shall be punished by a fine not exceeding $1,000, or by
imprisonment for a period not to exceed 90 days, or both. Each and
every day that any violation continues shall be deemed to be and shall
be a separate offense, separately punishable as aforesaid.
