[Adopted 9-16-1980 by Ord. No. 1152]
A. 
Unless otherwise expressly stated, the following terms, whenever used in this article, shall respectively be deemed to mean as follows:
COUNCIL
The Mayor and Council of the Borough of Bergenfield.
DEVELOPER
Any person who engages, either through himself or by an agent or contractor, in a land subdivision or the construction of two or more buildings within the Borough, or undertaking any project involving the construction or improvement of any street.
DRAINAGE
The runoff, natural or otherwise, of any surface water or underground water, including but not limited to rainfall.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this article.
OWNER
The person, firm or corporation having the legal title to lands and premises or to personal property.
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
PERSON
An individual or individuals, or a corporation, or voluntary association.
ROADWAY
That portion of the street lying between the curblines.
SIDEWALK
The pavement between the curbline and street line.
SIDEWALK AREA
The area between the curbline and the street line, whether paved or unpaved.
STREET
Any dedicated public thoroughfare, road, avenue or highway, whether accepted or unaccepted, including the sidewalk area.
STREET LINE
The dividing line between the street and the lot.
SUPERINTENDENT OF PUBLIC WORKS or SUPERINTENDENT
The Superintendent of the Department of Public Works appointed by the Mayor and Council, or such person or persons as shall succeed to his office, powers and duties.
B. 
The singular includes the plural; masculine includes the feminine, and also corporations and voluntary associations.
A. 
No permit authorized by this article shall be granted except pursuant to an application in writing therefor signed by the person desiring such permit or his agent, which application shall set forth such facts as are hereinafter required by the provisions of this article.
B. 
In case any permit shall be refused by any officer authorized to issue the same, an appeal of such officer's determination may be taken to the Planning Board, and the Planning Board, after hearing the applicant and such officer and such other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the officer.
C. 
No permit shall be issued until the fee therefor shall have been paid to the officer authorized to issue such permit. The permit fee for all work started prior to the issuance of a permit covering same shall be twice the regular fee as herein required.
No person, firm or corporation shall construct a private sewer in or through any street or portion thereof. Special permission may be granted by the Planning Board upon submission of an application containing a description of the unusual circumstances requiring a private sewer line. Such permission shall create no vested rights and shall be revocable by the governing body at any time.
A. 
No person, firm or corporation shall construct an extension of a main sewer line without first having obtained permission therefor from the Planning Board by resolution of said Planning Board. Said permission so given shall be subject to the construction of said sewer main or mains under the supervision of the Borough Engineer and in accordance with specifications approved by the Planning Board. Upon application being made for permission to construct a sewer main or mains, the governing body may, in its discretion, require the person so applying to furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation deemed necessary and calculated by the Borough Engineer. A maintenance guarantee shall be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement as aforestated.
(1) 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
(2) 
Upon substantial completion of all required improvements, and the connection of same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in the care of the Municipal Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
(3) 
The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Municipal Engineer, and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
(4) 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
(5) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
(6) 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
(7) 
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
B. 
The applicant, its successors, heirs, or assigns shall agree to convey the said sewer and all its appurtenances to the Borough upon acceptance of the construction by the governing body, at which time the said sewer and all its appurtenances shall became a part of the sewerage system of the Borough of Bergenfield.
C. 
No house sewer shall be connected to the sewer main until the construction of the sewer main shall have been accepted by the governing body.
In case a stoppage in the sanitary sewer occurs, the owner or occupant shall immediately notify the Superintendent, who shall make an inspection of the sewer main line. If the main sewer is obstructed, it shall be the responsibility of the Superintendent to cause the obstruction to be removed. If the main sewer is not obstructed, the Superintendent shall, immediately following his inspection, notify the owner or occupant that it is his responsibility to remove the obstruction from main to structure.
No inflammable substance such as gasoline, naphtha, kerosene, oil or similar liquid or material which could cause a fire or explosion shall be permitted to flow into the sanitary sewer.
A. 
No swimming pool or water-cooled air-conditioning unit shall be connected or discharged into the sanitary sewer system of the Borough except where no storm sewer is accessible for discharge. All such connections or discharge into the sanitary sewer shall be subject to the payment of an annual service fee. The annual service fee shall be as follows:
(1) 
Air-conditioning units: $10 per ton of rated refrigeration capacity.
(2) 
Swimming pools: $25.
B. 
The foregoing fees shall apply to an existing or installed air-conditioning unit or swimming pool connected or discharging into the sanitary sewer or those hereafter installed or constructed and connected or discharging into the sanitary sewer.
C. 
Upon the effective date of this article and on or before the 15th day of May of each ensuing calendar year, the Borough shall mail to each owner of an air-conditioning unit or swimming pool connected into the sanitary sewer a statement of the service fee due and payable to the Borough, which sum shall be due and payable to the Borough 15 days after the effective date of this article and on the first day of June in each subsequent year. Any unpaid service charges shall be a lien upon the property served until paid. In the event of the installation of an air-conditioning unit or the construction of a swimming pool connected into the sanitary sewer system after May 15, in any calendar year, the fees above set forth shall be paid to the Borough for that calendar year upon such installation or construction or notification of discharge.
Before any waste may be deposited in or permitted to enter into the sanitary sewer of the Borough or laterals tributary thereto, it shall meet the following conditions and requirements:
A. 
No mineral acidity. pH not less than 5.0.
B. 
No caustic alkalinity. pH not greater than 9.4.
C. 
Shall not contain any explosive substance.
D. 
Shall not contain any flammable substance.
E. 
Temperature shall not exceed 150º F.
F. 
No grease or oil that will solidify or become viscous at temperatures between 32º and 150º F.
G. 
Insoluble substances shall not exceed a daily average of 500 ppm.
H. 
Total solids (soluble and insoluble) shall not exceed a daily average of 5,000 ppm.
I. 
No gases or vapors, either free or occluded in concentration, toxic or dangerous to humans, animals or aquatic life in streams.
J. 
Chlorine demand shall not exceed an average greater than 20 ppm.
K. 
Five-day BOD shall not exceed an average greater than 500 ppm.
L. 
Shall not contain sulphides exceeding 2 ppm.
M. 
Shall not contain more than 100 ppm of antiseptic substances.
N. 
Shall not contain phenols in excess of 0.005 ppm.
O. 
Shall not contain any grease or oily substances exceeding a daily average at 25 ppm.
P. 
Shall contain no irritating substances or poisons in sufficient quantities to endanger man or interfere with biological processes.
Q. 
Shall not contain any substance which the Borough finds to be harmful to the sewerage system.
The discharge or deposit of any of the following substances or matter into the sanitary sewer of the Borough or laterals tributory thereto is hereby prohibited:
A. 
Gasoline, naphtha petroleum products or any substances which may create an explosion hazard in the system.
B. 
Oils, fats or grease.
C. 
Rubbish, ashes, cinders or garbage, including such kitchen wastes as have been ground or chopped by mechanical devices or appliances; provided that this provision shall not apply to any such mechanical device or application in use on or before the effective date of this article and such prohibition shall only apply to the installation of such mechanical device or appliance after such date.
D. 
Waste water from automobile washing establishments, including those commonly known as "automobile laundries."
E. 
Milk, brewery or distillery waste in any form.
The discharge or deposit of any substance or matter into the sanitary sewer of the Borough or laterals tributary thereto is prohibited if it shall cause or result in any of the following:
A. 
Chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of any sewer structure.
B. 
Mechanical action that will destroy or damage the sewer structure.
C. 
Restriction of hydraulic capacity of sewer structure.
D. 
Restriction of normal inspection or maintenance of sewer structure.
E. 
Placing of unusual demands on the sewerage treatment equipment or process.
F. 
Limitation of effectiveness of the sewerage treatment process.
A. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Building Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Building Inspector and shall be located so as to be readily and easily accessible for cleaning and inspection.
B. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
C. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expenses in continuously efficient operation at all times.
[Amended 7-12-2005 by Ord. No. 05-2357]
A. 
All grease traps and interceptors installed prior to and during the code’s adoption, and also future installations, must, at the owner's expense, develop and maintain a grease pretreatment program. This program will be subject to review and approval by the Health and Public Works Department, Sewers.
B. 
Discharge from said establishments shall not exceed the discharge limits, as set forth by the Bergen County Utilities Authority Manual of Rules and Regulations for the Direct and Indirect Discharge of Wastewater to the BCUA Treatment Works.
C. 
Any establishment with a grease trap/interceptor, grants the Health Department and Public Works representatives, the right of entry at any time, if, in their opinion, grease buildup is excessive within the Borough's sewer pipes and also to monitor the pretreatment program as established by said business owner.
D. 
Grease trap/interceptors must still be cleaned of excess grease and a log be kept for review by Health and Public Works representatives. Notification of who the grease removal/cleaner is must be given to Public Works, Sewer representative for recordkeeping.
E. 
Compliance with this section must be completed within 60 days of adoption.
When required by the Building Inspector, the owner of any property served by a house connection or building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the waste. Such manhole, when required, shall be accessibly and safely located and constructed in accordance with plans approved by the Building Inspector. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
A. 
No person shall break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system.
B. 
Any person who, by reason of the violation of the provisions of this article or other improper use of the municipal sewer system or any of its branches, appurtenances, or connections, shall cause damage to said municipal sewer system or to the facilities of the Bergen County Utility Authority to which the municipal sewer system is connected by reason of which the Borough may sustain damage or may be or become liable to the Bergen County Utility Authority for damages which it may sustain, shall be liable to the Borough for all costs and expense that may be incurred by the Borough for the correction of any such damage. The Borough shall have the right to recover such costs and expense from any such person by appropriate action of law in a court of competent jurisdiction. The right of the Borough to be reimbursed for any costs and expenses, including reasonable engineering and legal fees and costs incurred by it by reason of such damages, shall be an additional remedy, and such person shall also be subject to the penalties contained in this article for violation of its provisions.
Any person, firm, corporation or other entity violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, Article II, General Penalty, of the Code of the Borough of Bergenfield, as determined by the Municipal Judge.