[Adopted 6-17-1968 by Ord. No. 68-3 as
Ch. 60, Art. I, of the 1968 Code]
The owner of every house, building and structure
now erected and the owner of every house, building and structure hereafter
erected or acquired, which may be occupied or used by human beings
and is located on a street, road, avenue or other public thoroughfare
along the line of any sanitary sewer, now constructed or hereafter
constructed in the Borough of Berlin, or to which sanitary sewer service
is available shall, within six months after October 1, 1965, install
a toilet or toilets in such house, building or structure (unless a
toilet or toilets are already installed therein) and connect and hook
up said sewerage facilities emanating from such house, building or
structure to the sanitary sewerage system of the Borough of Berlin.
If any such house, building or structure referred to in § 261-1 above shall be used for industrial or commercial purposes, the owner thereof shall, within six months after October 1, 1965, if the services of such sanitary sewer are available to such house, building or structure, or prior to occupancy or use of such house, building or structure, whichever date shall be later, install such facilities as are necessary to treat and convert the industrial wastes emanating therefrom into a form that may be treated by the Borough sanitary sewerage system and connect such facilities with said sanitary sewerage system, all pursuant to rules and regulations of the Board of Health of the Borough of Berlin and in accordance with the standards established by this article and the Department of Health of the State of New Jersey.
[Added 3-4-1991 by Ord. No. 91-2]
For the purpose of this article, the following
words and terms shall be deemed to have the meanings herein given:
A single-family dwelling unit for the use of one family only.
The number of equivalent dwelling units for uses within the Borough of Berlin other than single-family residential as set forth in § 261-9B.
[Amended 7-2-1990 by Ord. No. 90-18; 3-4-1991 by Ord. No. 91-2]
A.
Every person, firm, corporation or other entity, prior
to making any connection with the sanitary sewer system of the Borough
of Berlin, shall make application to the Borough of Berlin and obtain
a permit therefor.
B.
The fee for connection to the sanitary sewer system
shall be $1,252 or a sum as amended from time to time by resolution
of the governing body of the Borough of Berlin. Said fee shall be
paid in advance and in full to the Collector/Treasurer at the time
application therefor is made and before any permit shall be issued.
In addition to the connection fee, the applicant shall pay an inspection
fee as determined and established by resolution of the governing body.
The actual cost of opening and repairing municipal, county or state
roads shall be the sole responsibility of the applicant.
[Added 6-3-1991 by Ord. No. 91-7; amended 4-16-1992 by Ord. No. 92-7; 2-16-1993 by Ord. No. 93-1]
[Amended 11-18-1974 by Ord. No. 74-5; 12-20-1976 by Ord. No. 76-19]
A.
Where any house, building or structure shall be completed
on or after October 1, 1965, the same shall be connected and hooked
up to the Borough's sanitary sewerage system before its use or occupancy
for any purpose.
B.
In the event that any individual house, building or
structure cannot be connected to the Borough's sanitary sewer system
because of a state-imposed sewer moratorium or a restraint issued
by a court of competent jurisdiction, then, in that event, alternative
sanitary sewer systems may be permitted, provided that the owner:
(1)
Presents, at a hearing called for that purpose, satisfactory
evidence of hardship to the governing body.
(2)
Obtains all necessary county, state and federal approvals
as required by law.
(3)
Installs the necessary sewer lines running from the
house, building or structure to the street for future connection to
the Borough system.
(4)
Submits plans to the Borough Building Inspector showing
the design of the proposed installation of necessary sewer lines.
(5)
Agrees, in writing, by letter to the Borough Building
Inspector, to connect the lateral sewer lines to the system after
sewerage becomes available by reason of the termination of the said
state-imposed moratorium or court-imposed restraint.
C.
No plan of major subdivision may be approved if, at the time that approval is sought, sanitary sewerage facilities are not available to each of the proposed buildings located in the major subdivision plan. It is the policy of this section of Chapter 261 that alternative sanitary sewer may be allowed only in cases of individual applicants who have certain hardships connected with their property. If sanitary sewerage is not available, it is the intent of this section to prohibit large development until the sanitary sewerage becomes available.[1]
[1]
Editor's Note: Former § 60-6, Fees,
as amended, which immediately followed this subsection, was deleted
7-2-1990 by Ord. No. 90-18.
If on or after April 1, 1966, the owner of any
property in the Borough of Berlin affected by the terms of this article
shall fail and neglect to make any sanitary sewer connection or installation
of toilets as herein provided, the Borough Council may by resolution
authorize proceedings in respect thereof pursuant to the provisions
of N.J.S.A. 40:63-52 et seq.,[1] and after giving notice as therein provided, upon expiration of the period prescribed in and by said notice, proceed to have the sanitary sewer connection and installation of toilets made at the expense and cost of said property owner. Upon completion of said work, the cost thereof, including the permit fee herein prescribed, shall be certified to the Collector of Taxes of the Borough of Berlin and shall be and constitute a lien against said property as provided for in and by said statute. The Borough of Berlin shall have the same remedies for the collection thereof as herein set forth above in § 261-4 of this article and as provided by said statute.
[1]
Editor's Note: N.J.S.A. 40:63-52 et seq. was
repealed by L. 1991, c. 53, § 1.
[Amended 12-20-1976 by Ord. No. 76-19]
Any person violating any of the provisions of
this article shall, upon conviction, be punished by a fine not to
exceed $500 or imprisonment in the county jail for a period not to
exceed 90 days, or both, in the discretion of the Judge before whom
each conviction shall be had.
