Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 4-9-1968; amended 4-25-1972; 5-8-1973; 6-12-1973; 2-26-1974; 12-22-1975; 12-22-1976; 7-23-1979; 1-26-1982; 8-14-1984; 12-11-1984; 12-26-1984; 3-26-1985; 2-27-1990; 12-22-1992; 2-8-1994; 6-14-1994; 2-15-1995; 5-9-1995; 8-12-1997; 12-9-1997; 3-14-2000; 4-11-2000; 5-9-2000 (Sec. 8:3 of the 1975 General Ordinances)]
The Public Works Director/Superintendent of the Township of Burlington shall have control and supervise the Sewer Division.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
The Mayor shall appoint a Chief Sewer Plant Operator. Such appointment shall be made with the approval of Council and in accordance with law and subject to civil service regulation for the position. Said Chief Sewer Plant Operator shall hold such license or licenses as required by the New Jersey Department of Environmental Protection for the operation of sewer plants of the class operated by the Township of Burlington.
A. 
Disposal facilities. All properties having any type of disposal facilities and abutting on streets where sewer mains are laid shall make connections with the sewerage system unless such connection shall be physically impracticable.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B. 
Pipe connections. All pipe connections shall meet with the approval of the Director, Chief Operator and/or the Township Engineer.
C. 
Vents in laterals. Vents in laterals shall be installed in a manner as to prevent any breaking or damage to the pipe and shall also be fitted with a cap to prevent dirt and debris from entering the sewerage system.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 12-12-2017 by Ord. No. 17-OR-032]
D. 
Procedure approval required. All procedures shall be approved prior to beginning of work and inspected after the connection is made.
All connections with the sewer laterals shall be made only by a plumber duly licensed by the State of New Jersey.[1]
[1]
Editor's Note: Original Sec. 8:3-4B, which contained bond requirements for plumbers, which previously followed this section, was deleted 9-23-2008 by Ord. No. 08-OR-025.
Where it is necessary that any street in the Township of Burlington be excavated in order to connect any laterals, the applicant shall comply with the requirements of Chapter 520, Streets and Sidewalks, Article II, Road Openings. The applicant shall, at his own cost or expense, make or cause to be made all necessary excavations in the streets or highways without damage to the main sewer, shall cause the paving and earth so excavated to be deposited in a manner which shall occasion the least inconvenience to the public, shall provide for the passage of water along the gutters and shall cause the paving, flagging and the roadbed to be restored as quickly as possible to as good condition as same was prior to excavation and shall also be responsible for all damage by reason of all such excavation or for the imperfect filling in of the same. In any cases where the highway or road or street must be left open at night, same must be barricaded and marked with the proper damage signals.
No person shall make any connection, alteration, addition or disconnection to the sewerage system of the Township of Burlington without obtaining a permit in writing from the Superintendent of Public Works of the Township of Burlington. Any application for a permit for a connection to be made to the sewerage system shall be in writing, setting forth the location of property, description of the improvement and nature of the waste to be carried by the said connection and shall also state whether or not there is any change in the nature of the occupancy of the building from dwelling to apartment or commercial or professional.
A. 
Permit required. No person shall make any connection, alteration or disconnection to the sewerage system without first having applied for, and obtained, a permit from the Superintendent of Public Works. The permit application shall be signed by the owner of the property for which the connection, alteration or disconnection is requested and shall set forth the location of the property by address and block and lot, the description of the improvement, the nature of the proposed waste, and such other information as the Superintendent of Public Works shall deem necessary in order to issue the requested permit. No person shall make any connection, alteration or disconnection without paying the required fees.
[Amended 5-28-2013 by Ord. No. 2013-OR-015; 12-12-2017 by Ord. No. 17-OR-032]
B. 
Connection fees.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
(1) 
Residential connections. For residential dwellings, the Superintendent of Public Works shall issue a permit upon payment of $2,663 per equivalent dwelling unit (EDU), whether apartment, condominium, townhouse, duplex or single family. An EDU shall be based upon 300 gallons per day of projected sewage flow.
(2) 
Nonresidential connections. For nonresidential connections, the Superintendent of Public Works shall issue a permit upon payment of a connection fee based upon the rate of $9 per gallon per day of projected sewage flow or the minimum connection fee of $2,663. The estimated flow shall be determined by utilizing the then-current projected flow criteria employed by the New Jersey Department of Environmental Protection for treatment works approval as set forth in N.J.A.C. 7:14A-23.1 et seq. Insofar as the projected flow is not set forth in N.J.A.C. 7:14A-23.1 et seq., particularly facilities that require an industrial treatment works approval, the person seeking a permit shall propose the projected flow based upon operation of similar facilities or best professional judgment. The Superintendent of Public Works may accept, modify or deny the proposed flow values.
(3) 
Public agency agreement. The Township Council may elect to establish a connection fee by agreement with another municipality, or sewerage authority or municipal utilities authority.
C. 
Flow for facilities that have combined uses shall be determined by the summation of all appropriate projected flow values for each use.
D. 
For establishments and/or facilities, and in particular facilities that require an industrial treatment works approval that are not covered in the table above, the applicant shall propose the projected flow based upon operation of similar facilities or best professional judgment. Burlington Township reserves the right to accept, modify or deny the proposed flow values.
A. 
Commencing January 1, 2000, billing for sewer charges will be done on a quarterly basis.
B. 
Effective July 1, 2013, sewer billing rates shall be in accordance with the following schedule:
[Amended 12-30-2008 by Ord. No. 08-OR-036; 5-28-2013 by Ord. No. 2013-OR-015; 8-11-2015 by Ord. No. 15-OR-022]
Schedule A
Sewer Classification
Annually
Quarterly
Residential dwellings
$497
$124.25
Garbage disposal
$166
$41.50
All commercial and industrial users, minimum charge for first 16,000 gallons
$497
$124.25
All commercial and industrial users, for all in excess of 16,000 gallons
$7.48 per 1,000 gallons
C. 
Effective July 1, 2013, pursuant to N.J.S.A. 40A: 26A-10.1, the annual sewer rate shall be $209, or $52.25 per quarter, charged to or collected from any person residing within the Township of the age of 65 or more years and who has a total income not in excess of $10,000 per year exclusive of benefits under any one of the following:
[Added 12-30-2008 by Ord. No. 08-OR-036; amended 5-28-2013 by Ord. No. 2013-OR-015]
(1) 
The Federal Social Security Act, 42 U.S.C. § 301 et seq., and all amendments and supplements thereto;
(2) 
Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under, Subsection C(1) of this section, including, but not limited to, the Federal Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq., and federal pension, disability and retirement programs; or
(3) 
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under Subsection C(1) of this section, except that the total amount of benefits to be allowed exclusion by any owner under Subsection C(2) or (3) of this section shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under Subsection C(1) of this section.
D. 
Should the Township Council elect to enter into an agreement with another municipality, or sewerage authority or municipal utilities authority, the agreement shall provide for the billing rate, the method of billing, frequency of payment, notice of rate changes, and related matters.
[Added 12-12-2017 by Ord. No. 17-OR-032]
[Amended 9-23-2008 by Ord. No. 08-OR-025]
All connections shall be made in a careful and workmanlike manner and shall consist of pipe of accepted standard construction and type approved for a particular installation at least four inches in diameter. Said connections shall, in all respects, conform to the Plumbing Code of the Township of Burlington and the rules and regulations of the Township of Burlington concerning same. All connections shall be inspected and approved by the Chief Operator of the Sewer Division or the Plumbing Inspector within 48 hours of the receipt of notice of completion of the work, who will signify his approval by proper endorsement of the same on the permit to make such connection. Under no circumstances shall any fixture be installed in a building lower than front curb elevations, unless provided with individual home pumping units.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
A. 
The sewerage system shall be used only for the discharge of fluid refuse from sinks, bath and house laundry tubs, shower bath, urinals and waste from toilets, all of which shall hereafter be referred to as "domestic waste" and such other waste as the Council may, by special permission, allow to enter said sewerage system as hereinafter provided for.
B. 
No person, firm, corporation, owner, user or tenant of any lands and premises shall cause to be drained, permit to flow or deposit into any part of the sewerage system the following matter:
(1) 
Gasoline, naphtha or other explosive matter, acid matter having antiseptic properties, garbage, offal, animals, vegetable parings, ashes, cinders, rags, wax, oils or other articles or things which are liable to injure said sewerage system or any part thereof or obstruct the flow of sewerage therein.
(2) 
The exhaust from any steam engine boiler.
(3) 
Any storm, roof or surface water drainage.
(4) 
The discharge from air-conditioning units.
(5) 
The discharge from sump pumps.
(6) 
Excessive inflow and infiltration of stormwater or groundwater, regardless of cause, which the Superintendent of Public Works determines to be a burden to the sewerage system.
[Added 12-12-2017 by Ord. No. 17-OR-032]
[Amended 12-12-2017 by Ord. No. 17-OR-032]
A. 
The granting of special permission by the Council of the Township of Burlington to discharge industrial waste into said sewerage system shall not be construed to establish a precedent upon the application for permission to discharge similar industrial waste into said sewerage system, and such special permission, when granted, shall not be deemed to be a continuing right to discharge industrial waste into said sewerage system but may be revoked at any time, in addition to other causes for revocation contained herein, by the Council when it is determined by that body that the terms and conditions of said special permission have been violated or that the flow in said sewerage system will overburden its capacity to the detriment of other users of said sewerage system.
B. 
This discharge of industrial waste into said sewerage system, when specifically permitted by the Council as herein provided for, shall be by a separate connection from that used for discharge of domestic waste and be pretreated and have the same characteristics as domestic waste.
All main extensions laid in connection with the Township of Burlington sewerage system shall be not less than eight inches in diameter, and all lateral connections to properties shall be not less than four inches in diameter and shall be of a material approved by the Township Engineer.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 12-12-2017 by Ord. No. 17-OR-032]
A sewer lateral is the pipe connecting a structure to the Township sewerage system, including any cleanout, curb vent, pumping equipment, where applicable, and the physical connection itself. Each sewer lateral belongs to the owner of the connected structure, who shall be responsible for cleaning, maintaining and replacing the sewer lateral. Failure of the owner to clean, maintain or replace the sewer lateral may result in enforcement action pursuant to Chapter 442.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
The Sewer Division shall have the right of access at all reasonable times to all parts of any premises connected with the sewerage system for the purpose of examining and inspecting the sewer connections and fixtures draining into sewer mains.
[Amended 11-9-2011 by Ord. No. 11-OR-023]
A. 
Grease traps or other appliances necessary to properly protect the sewerage system from stoppage shall be installed by the owner or occupant of the property, at its or his expense, when notified by the Chief Sewer Plant Operator or the Plumbing Inspector, in writing, to make such installation. Upon failure or neglect of any such owner or occupant to comply with such notice, in addition to the penalties hereinafter provided for violation of this chapter, the permit to connect said property with the sewerage system may be revoked by the Township Council.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B. 
Routine inspections will be made by Sewer Department personnel to ensure proper maintenance and cleaning of grease traps or other appliances. Restaurants are required to keep a manifest or service log on site indicating proper disposal. Grease traps shall be fully evacuated, cleaned and inspected when the remaining storage capacity has been reduced to 25%.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
In the event that the Council shall revoke a permit as provided for in §§ 467-17 and 467-21, the discharge of sewage into the sewerage system shall be immediately discontinued, and any person, firm, corporation or occupant of any premises who shall continue to discharge sewage into the sewerage system after said revocation shall be deemed to have violated this article, and each day's continuation shall constitute a separate violation thereof.
A. 
An unused building connection shall not be connected with the sewerage system until the Superintendent of the Sewer Division has inspected the same and has found it to be clean and to conform to the requirements of this article.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
B. 
Upon the demolishing or razing of a building, the connection shall be sealed in a manner to be approved by the Superintendent of the Sewer Division at the expense of the owner.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Sewer charges for all industrial and commercial users are payable quarterly in advance at the Office of the Tax Collector of the Township of Burlington. Sewer charges for all other classes of users are billed quarterly. When contracts are made during the year, the fractional part thereof shall be paid forthwith.
All services or rental charges established herein shall be payable to the Collector of Taxes of the Township of Burlington and shall be and remain a lien upon the premises served by such sewer connection the same as all other taxes and municipal charges upon real estate under the laws of the State of New Jersey; the Township of Burlington shall have the same remedy for the collection thereof with interest, costs and penalties as fixed by the Township as said Township now has or may hereafter have under the laws of the State of New Jersey for the collection of taxes and other municipal liens upon real estate.
A. 
Bills against Sewer Division. Bills and charges against the Sewer Division shall be audited and paid in the same manner as other bills and charges against the Township.
B. 
Charges on connection. As required under § 467-10 of this article, all properties which contain occupiable structures and abut on a street where sewer mains are laid shall connect with the sewerage system within one year from the date that the Superintendent of the Department of Public Works shall certify that connection is possible. The Tax Collector shall upon certification mark her records accordingly, and upon connection or in any event not later than one year from the date of certification, the Tax Collector shall begin to collect the annual sewer charges required under § 467-24 of this article.
[Amended 12-12-2017 by Ord. No. 17-OR-032]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Senior citizens' rates, was repealed 5-28-2013 by Ord. No. 2013-OR-015.
D. 
Installment payment of connection fees.
(1) 
Sewer and water connection fees may be paid, by every person who is a citizen and resident of the Township of Burlington having an annual income not in excess of the limitations provided in this section and residing in a dwelling house owned by him which is a constituent part of his real property or residing in a dwelling house owned by him which is assessed as real property but which is situated on land owned by another or others, annually, on proper claim being made therefor, in equal yearly installments not exceeding 10, with legal interest thereon on the anniversary date of the first payment, but any such person may pay the whole of any connection fees or any balance of installments with accrued interest at any one time. If any such installment shall remain unpaid for 30 days after the time when the same shall have become due, the whole connection fee or balance due thereon shall become and be immediately due, shall draw interest at the rate imposed upon the arrearage of taxes in Burlington Township, and be collected in the same manner as past due assessments.
(2) 
Income requirements.
(a) 
One's income, including the income of one's spouse, during each year that yearly installments are paid must not exceed $10,000 to qualify for the installment payment of connection fees. One's income means all income received by claimant and spouse, from whatever source derived, including, but not limited to, salaries, wages, bonuses, commissions, tips and other compensations before payroll deductions, all dividends, interest, realized capital gains, except for a capital gain resulting from the sale or exchange of real property owned and used by the taxpayer as his principal residence and on which he received a deduction allowed by N.J.S.A. 54:4-8.40, royalties, income from rents, business income and, in their entirety, pension, annuity and retirement benefits, exclusive of benefits under any one of the following:
[1] 
The Federal Social Security Act and all amendments and supplements thereto;
[2] 
Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in or for persons excluded from coverage under Subsection D(2)(a)[1] hereof, including but not limited to the Federal Railroad Retirement Act and federal pension, disability and retirement programs; or
[3] 
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof for persons not covered under Subsection D(2)(a)[1] hereof.
(b) 
Provided, however, that the total amount of benefits to be allowed exclusion by any owner under Subsection D(2)(a)[2] or [3] hereof shall not be in excess of the maximum amount of benefits payable to and allowed for exclusion by an owner in similar circumstances under Subsection D(2)(a)[1] hereof.
[1] 
Dividends, interest, realized capital gains, pensions, annuities and retirement benefits not otherwise excluded herein must be included in full without deductions even though they may be wholly or partially exempt for federal income tax purposes.
[2] 
"Business income" means gross income derived from a business, trade, profession or from the rental of property after deductions therefrom of the ordinary and necessary expenses attributable to the business, trade, profession or from the rental of property which are allowed under the Federal Internal Revenue Code and regulations issued thereunder.
[3] 
Federal Internal Revenue Code income definition, when applicable: Except as herein otherwise indicated, the definition of income under the Federal Internal Revenue Code and the regulations issued pursuant thereto shall constitute the basis for computing claimant's income for the purpose of determining whether a claimant meets the applicable income limitation.
[4] 
The income of the claimant shall be combined with the income of his or her spouse for the purpose of determining whether claimant's income during the tax year exceeds $10,000. However, for that portion of the tax year that the claimant's spouse was living apart in a state of separation, whether under judicial decree or otherwise, the income of the spouse attributable to that portion of the year shall be deducted from the combined income.
[5] 
No applicant shall fail to include any portion of the income of his or her spouse unless such exclusion is accompanied by proof that the spouses were living apart in a state of separation. Proof of separation shall be the judicial decree of divorce known as a "judgment of divorce from bed and board" or a separation agreement or affidavit of such separation. "State of separation" shall mean a permanent and indefinite period of separation and shall not mean temporary periods of separation such as separate vacation, business trips, hospitalizations, etc.
[6] 
The income of the claimant shall not be combined with the income of members of the claimant's family other than his or her spouse for the purpose of determining whether the claimant's income during the income period exceeds $10,000.
(3) 
To qualify for this installment connecting fee, one must file a claim on a form prepared by the Township of Burlington which states that the person meets these income requirements. The form shall be filed with the Director of Welfare. The Director of Welfare shall certify eligibility to participate in this program. The Director of Welfare may, at any time, inquire into the right to the continuance in this program, and for that purpose he or she may require the filing of a new application or the submission of such proof as he or she shall deem necessary to determine the right to continuance in this program.
A. 
Where a public sanitary sewer is not available under the provisions of this article, the building sewer shall be connected to a private sewage disposal system, which type, capacities, location and layout shall comply with all regulations of the New Jersey State Department of Health and Senior Services and any local ordinances and regulations.
B. 
No waste from a septic tank or cesspool shall be permitted to be discharged into any public sewer.
Where in the opinion of the Director the Sewer Division has made repairs to a system or facility which does not belong to the Township of Burlington, the Superintendent shall cause a bill to be prepared and presented to the owner of the system or facility in question, to be sent by regular mail to his address as it appears on the Tax Map of the Township of Burlington, to reimburse the Township for all labor and material performed in providing the services to the system or facility owned by someone other than the Township. In the event that this bill is not paid within 30 days from the date of sending said bill, it shall become a lien against the property and collected in the same fashion provided for with regard to other sewer charges and as set forth in § 467-26 of this article.
[Amended 4-10-2007 by Ord. No. 07-OR-009; 4-22-2008 by Ord. No. 08-OR-007; 4-24-2012 by Ord. No. 12-OR-007; 12-12-2017 by Ord. No. 17-OR-032]
Upon receipt of a written request by the owner of the property, which request shall provide that the Township is not responsible for any damage to the lateral, or the property itself, the Superintendent of Public Works may, in his or her discretion, authorize that the curb vent be plunged at the cost of $100 to be paid in advance by the owner of the property.
[1]
Editor's Note: Former § 467-30, Residential formula sewer rate, as amended, was repealed 5-28-2013 by Ord. No. 2013-OR-015.