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.
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).
[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.
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.