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City of Bridgeton, NJ
Cumberland County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
A. 
In order to assure the public health, safety and welfare of its residents, the City of Bridgeton shall finance, acquire, construct, maintain, operate or improve works for the collection, transport and disposal of sewage and shall finance these sewerage facilities pursuant to N.J.S.A. 40A:26A-1 et seq.
B. 
The Division of Water and Sewer shall be responsible for the maintenance, operation and construction of the sewerage facility for the provision of sewerage services.
[Amended 11-21-2006 by Ord. No. 06-12; 12-1-2009 by Ord. No. 09-04]
A. 
The City of Bridgeton shall operate, construct, maintain or acquire facilities for the collection and transportation of sewage or wastewater (N.J.S.A. 40A:26A-4).
B. 
The City shall have the power to authorize, by resolution, officials to enter into and execute a contract pursuant to N.J.S.A. 40A:26A-1 et seq. for periods of time and under conditions as are deemed proper and necessary. The City Council shall have full power and authority to do and perform all acts and things provided under the terms and conditions of the contract (N.J.S.A. 40A:26A-18).
As used in this chapter the following terms shall have the meanings indicated:
BONDS
Bond anticipation notes or bonds issued in accordance with the Local Bond Law, N.J.S.A. 40A:2-1 et seq.
COST (as applied to sewerage facilities or extensions or additions thereto)
The cost of acquisition or the construction, including improvement, reconstruction, extension or enlargement, the cost of all lands, property, rights and easements acquired. The cost of demolition or removal of all buildings or structures thereon, financing charges, interest on bonds issued to finance sewerage facilities prior to and during construction, the cost of plans and specifications, surveys or estimates of costs and revenues, the cost of engineering, legal services, and any other expenses necessary or incident to determining the feasibility of construction, administrative and other expenses as may be necessary or incident to the construction or acquisition of sewerage facilities and the financing thereof.
LOCAL UNIT
A county or municipality, and shall specifically mean the "City of Bridgeton" where appropriate.
SEWERAGE FACILITIES
The plants, structures or other real and personal property acquired, constructed or operated, or any parts thereof, used for the storage, collection, reduction, reclamation, disposal, separation or other treatment of wastewater or sewage sludge or for the final disposal of residues resulting from the treatment of wastewater, including but not limited to pumping and ventilating stations, treatment plants and works, connections, outfall servers, interceptors, trunk lines and other appurtenances necessary for their use or operation. "City sewerage facilities" shall mean sewerage facilities used for the collection and transportation of sewerage, wastewater or sewage sludge from the City of Bridgeton.
The City of Bridgeton is authorized and empowered:
A. 
To acquire, construct, improve, extend, enlarge or reconstruct and finance sewerage facilities, and to operate, manage and control all or part of these facilities and all properties relating thereto;
B. 
To issue bonds of the City for sewerage facilities to pay all or part of the cost of the purchase, construction, improvement, extension, enlargement or reconstruction of sewerage facilities;
C. 
To receive and accept from the federal or state government, or any agency or instrumentality thereof, grants or loans for, or in aid of, the planning, purchase, construction, improvement, extension, enlargement or reconstruction, or financing of sewerage facilities, and to receive and accept from any source contributions or money, property, labor or other things of value to be held, used and applied only for the purposes for which the grants or loans and contributions are made;
D. 
To acquire in the name of the City by gift, purchase, or by the exercise of the right of eminent domain such lands and rights and interests therein, including lands under water and riparian rights, and personal property as may be deemed necessary for acquisition, construction, improvement, extension, enlargement or reconstruction, or for the efficient operation of any facilities acquired or constructed under the provisions of this act and to hold and dispose of all real and personal property so acquired;
E. 
To make and enter into all contracts and agreements necessary or incidental to the performance of the City sewerage facilities duties and the execution of powers authorized under this act, and to employ consulting and other engineers, superintendents, managers, attorneys, financial or other consultants or experts, and such other employees and agents as may be deemed necessary, and to fix their compensation;
F. 
Subject to the provisions and restrictions set forth in the ordinance or resolution authorizing or securing any bonds issued under the provisions of this act, to enter into contracts with the federal or state government, or any agency or instrumentality thereof, or with any other local unit, private corporation, copartnership, association or individual providing for, or relating to, sewerage facilities, which contracts may provide for the furnishing of City sewerage facilities either by or to the City sewerage facilities, or the joint construction or operation of sewerage facilities;
G. 
To fix and collect rates, fees, rents and other charges in accordance with this act;
H. 
To prevent toxic pollutants from entering the sewerage system;
I. 
To exercise any other powers necessary or incidental to the effectuation of the general purpose of this act.
A. 
Whenever the City pursuant to N.J.S.A. 40A:26A-4 chooses to exercise powers granted hereunder, the City shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, drawings and estimates of costs and of revenues as may be necessary.
B. 
The cost of the surveys, investigations, studies, borings, maps, plans, drawings and estimates, or of any other costs relating to the acquisition or construction of a sewerage facility, may be paid out of the general funds of the City or another participating local unit. The local unit or units may be reimbursed for part or all of the expenditures made in accordance with this subsection from the proceeds of bonds issued pursuant to this act (N.J.S.A. 40A:26A-4).
All public or private property damaged or destroyed in carrying out the powers granted by N.J.S.A. 40A:26A-1 et seq. shall be restored or repaired and, as nearly as practicable, placed in its original condition, or adequate compensation shall be made therefor.
Whenever the City determines that it is necessary that any public utility facilities such as tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, as defined in N.J.S.A. 48:2-13, which are now, or hereafter may be located in, on, along, over or under any sewerage facility project, should be removed, the public utility owning or operating the facilities shall relocate or remove the same in accordance with the order of the local unit or units; the cost and expense of the relocation or removal, including the cost of installing the facilities in a new location or new locations, and the cost of any lands, or any rights or interest in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of any lands or any rights of the public utility paid to the public utility in connection with the relocation or removal of the property, shall be ascertained and paid as a part of the cost of the project. In case of any relocation or removal of facilities pursuant to this section, the public utility owning or operating the same, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location.
The City may issue bonds pursuant to the provisions of the Local Bond Law, N.J.S.A. 40A:2-1 et seq., for all or part of the cost of sewerage facilities. Proceeds from the bonds shall be used solely for the payment of the costs of the sewerage facilities for which the bonds have been authorized.
A. 
The City may issue bonds pursuant to N.J.S.A. 40A:26A-9 for all or part of the cost of the City sewerage facilities or pursuant to N.J.S.A. 40A:26A-15;
B. 
The sewerage facility may be deemed a self-liquidating purpose under certain circumstances (N.J.S.A. 40A:26A-16).
C. 
Any bonds authorized pursuant to N.J.S.A. 40A:26A-1 et seq. are legal investments (N.J.S.A. 40A:26A-20).
A. 
The City shall prescribe, and from time to time may alter, rates or rentals to be charged to users of the sewerage services. Rates or rental charges shall be uniform and equitable for the same types and classes of use and service. Rates or rentals and types and classes of use and service may be based on any factors which the governing body of the City shall deem proper and equitable within the region served.
B. 
In fixing rates, rentals and other charges for supplying sewerage services, the City shall establish a rate structure that allows, within the limits of any lawful covenants made with bondholders, the City to:
(1) 
Recover all costs of acquisition, construction or operation, including the costs of raw materials, administration, real or personal property, maintenance, taxes, debt service charges, fees and an amount equal to any operating budget deficit occurring in the immediately preceding fiscal year;
(2) 
Establish a surplus in an amount sufficient to provide for the reasonable anticipation of any contingency that may affect the operating of the sewerage facility, and, at the discretion of the City, allow for the transfer of moneys from the budget for the sewerage facilities to the local budget in accordance with Section 5 of P.L. 1983, c. 111 (N.J.S.A. 40A:4-35.1).
[Amended 2-19-2008 by Ord. No. 07-32]
A. 
In addition to rates and rentals, a separate charge in the nature of a connection fee or tapping fee for each connection of any property to the sewerage system may be imposed upon the owner or occupant at the property so connected. The connection charges shall be uniform within each class of users, and the amount thereof shall not exceed the actual cost of the physical connection plus an amount computed pursuant to N. J.S.A. 40A:26A-11. This subsection shall not apply to any new housing development, consisting of three or more residential units, whether attached or detached residences. In the case of the connection for any unit of such a housing development, the owner and/or developer of the property shall be solely responsible for any connection fees as each property is connected to the City system.
B. 
The connection fee shall be recomputed at the end of each budget year, after a public hearing is held. The revised connection fee may be imposed upon those who subsequently connect to the system in that budget year.
C. 
The combination of the connection fee or tapping fee and the aforesaid sewerage service charges shall be such that the revenues of sewerage facilities shall be adequate to pay the expenses of operation and maintenance of the sewerage facilities, including improvements, extensions, enlargements and replacements to sewerage facilities, reserves, insurance, principal and interest on any bonds, and to maintain reserves or sinking funds therefor as may be required under the bond covenants or any contracts or as may be deemed necessary or desirable.
A. 
Rates, rentals, connection fees or other charges levied in accordance with N.J.S.A. 40A:26A-10 and 40A:26A-11 shall be a first lien or charge against the property benefitted therefrom. If any part of the amount due and payable in rates, rentals, connection fees or other charges remain unpaid for 30 days following the date for the payment thereof, interest upon the amount unpaid shall accrue at a rate of interest to be determined in accordance with N.J.S.A. 40A:26A-17. The City Council may authorize payment of delinquent assessments on an installment basis in accordance with N.J.S.A. 54:5-19. Liens levied in accordance with this section shall be enforceable in the manner provided for real property tax liens in Chapter 5 of Title 54 of the Revised Statutes.
B. 
Nothing in this section shall be construed to limit the right of the City sewerage facility to discontinue service of any property for the failure to pay any amount owing within 60 days after the date the amount is due and payable, if written notice of the proposed discontinuance of service and of the reasons therefor has been given, within at least 10 days prior to the date of discontinuance, to the owner of record of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied if the mailing is made to the last known address of the owner of record and is postmarked at least 10 days prior to the date of discontinuance.
[Amended 6-19-2000 by Ord. No. 99-21]
The City may determine to have the cost of acquisition or construction of the City sewerage facilities financed by local improvement assessments on real properties located within the City pursuant to N.J.S.A. 40A:26A-13 and N.J.S.A. 40A:26A-14.
A. 
The City of Bridgeton may authorize its officials or other agents to enter upon any land or water for the purpose of making surveys, studies, investigations or inspections. The officials or other agents are empowered to examine pipes or any equipment connected to the sewerage facilities or service pipes for compliance with established standards and other requirements.
B. 
The use of sewerage facilities to any property may be discontinued if the owner, lessee or other user of that property opposes or obstructs an authorized official or other agent in the performance of his duties. The discontinuance shall continue until the required investigations or inspections are made and any alterations or repairs found to be necessary have been made and approved by the appropriate official or agent.