[HISTORY: Adopted by the Township Council
of the Township of Medford 6-16-2020 by Ord. No. 2020-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 121,
Sewers and Water, comprised of Art. I, Utility, adopted 12-21-1982 by Ord. No.
27-1982, as amended; and Art. II, Drainage Devices,
adopted 3-5-1990 by Ord. No. 1990-5.
A.Â
Creation. Pursuant to N.J.S.A. 40:62-106, a sewer and water utility
is hereby created and established in and for the Township of Medford,
to be known as the "Medford Township Sewer and Water Division in the
Department of Neighborhood Services."
B.Â
Accounting. All future revenue and accounting therefor from said
sewer and water utility shall be on a dedicated utility basis in conformity
with N.J.S.A. 40A:4-35, and all moneys derived from the operation
of said sewer and water utility and any other moneys applicable to
its support shall be segregated and kept in a separate fund, which
shall be known as the "Sewer and Water Utility Fund," and all disbursements
for the operation and maintenance of said sewer and water utility
shall be taken from said Sewer and Water Utility Fund.
C.Â
Budget. The dedicated budget of this sewer and water utility shall
include appropriations for operating expenses, capital improvements,
debt service and for the payment of all bonds, principal and interest
and all other deferred charges and statutory expenses as may be required.
D.Â
Administration. The administration of the sewer and water utility
shall be under the Township Manager or the Manager's designee
in the Division of Water and Sewer in the Department of Public Works.
E.Â
Prior bonds not affected. The sewer and water systems for Medford
Township were acquired and/or commenced operation at separate times.
As such, there are outstanding bonds wherein specific sewer and/or
water revenues are pledged and/or guaranteed for the repayment of
said obligations. The operation of a joint sewer and water utility
pursuant to the terms of this article shall not affect, impair or
in any way alter the obligations of the Township with reference to
said bonds.
Unless the context clearly indicates otherwise, the following
words, terms and phrases shall have the following meanings when used
in this article:
Any person, corporation, partnership or other entity or organization
contracting for water or sewer connections or use, products or services
or who use said services, or who is the owner or occupant, or both,
of any real property which directly or indirectly has been connected
to the water or sewer system or to which directly or indirectly has
been furnished or supplied the use, products or services of the water
or sewer system or water or sewer services, facilities or products.
The Medford Township Sewer and Water Division of the Department
of Neighborhood Services.
The normal waterborne fluid wastes from residences, commercial
establishments, institutions and industrial establishments, limited
exclusively to the wastes from kitchens, bathrooms, water closets,
lavatories and laundries.
The Township Manager or the Manager's designee in the
Department of Neighborhood Services.
The liquid wastes from commercial or industrial processes
as distinct from domestic sewage.
The Township-owned or -leased piping and appurtenances in
or along public highways and streets or along privately owned rights-of-way,
used for the transmission of drinking water or for the collection
of domestic sewage or industrial wastes from its customers.
All users and connections other than those defined as residential
use, including but not limited to business, commercial, industry,
restaurants, taverns, theaters, camps, churches, schools, hospitals,
boarding homes, nursing homes, etc.
An individual, corporation, partnership or other entity or
organization, and includes the plural thereof as well as the singular.
A single-family or multifamily dwelling, apartment, trailer,
mobile home, hotel or motel unit which is designed and used exclusively
for providing living accommodations.
The Township of Medford.
In the case of a residential use, one single residential
dwelling, or in the case of apartments, multi-family buildings or
similar residential buildings, the NJDEP flow divided by 250 gallons
per day; and in the case of a nonresidential use, a single nonresidential
use drawing a maximum of 250 gallons of water per day.
A.Â
Connection required.
(1)Â
The owner of any existing building located on any street or road
where a sewer and/or water main exists shall connect to the sewer
and/or water system and shall thereafter not use any private septic
or individual sewage disposal system, well, pump or other private
means of sewage disposal and/or water supply. This section shall not
apply to any existing residential use located further than 300 feet
from an existing sewer and/or water main and which has a private sewage
disposal and/or water supply system satisfactory to the Burlington
County Board of Health or a private water supply system or well for
irrigation or other similar uses.
(2)Â
A connection fee is required if a water and/or sewer main is installed
in front of an existing building. The connection shall be at the owner's
discretion.
(3)Â
The owner of any building that is constructed hereafter on a street
or road where a sewer and/or water main exists shall connect to the
sewer and/or water system prior to the occupancy or use of such building.
(4)Â
A water and/or sewer connection permit shall issue only upon the
applicant's or owner's application or request for the issuance
of a building permit.
B.Â
Prohibited connections.
(1)Â
No private water system or supply shall be connected in any way to
the Township water system.
(2)Â
None of the following shall be connected either directly or indirectly
to the Township sewer system:
(a)Â
Floor drain, area drain or yard drain.
(b)Â
Rain conductor or downspout.
(c)Â
Grease pit.
(d)Â
Air-conditioning equipment.
(e)Â
Sump pumps.
(f)Â
Stormwater inlets or catch basins.
(g)Â
Any residential or manufacturing waste determined by the Township
to be or likely to be detrimental to the use, maintenance, repair
and/or discharged effluent of the sewerage system or sewage treatment
facilities or to the health, safety and welfare of the residents of
the Township of Medford.
C.Â
Access to system. Employees and representatives of the Township may,
at all reasonable hours and at any time in the case of emergency,
have free access to the sewer and water system, including lines, pipes
and fixtures upon the premises or within the building, for the purpose
of tests, inspection, emergency repairs, meter readings and such further
acts as may be necessary to properly operate and maintain the sewer
and water system.
D.Â
Nonliability of Township.
(1)Â
The Township is not liable or responsible for any damage which may
result from water leaks, burst pipes, sewer backups or from any other
causes connected with the supplying of water or discharge of sewage
in occupied or unoccupied buildings.
(2)Â
The Township undertakes to use reasonable care and diligence to provide
a constant supply of water through its mains to customers, but reserves
the right at any time, without notice, to shut off the water in its
mains for the purposes of making repairs or extensions or for other
purposes. The Township shall not be liable or responsible for a deficiency
or failure in the supply of water for causes which could not be reasonably
anticipated or foreseen, nor for damage caused by bursting or breaking
of any main or service pipe or any other attachment of the waterworks
of the Township or for any other causes whatsoever.
(3)Â
The Township may limit the use of water for any specific purpose.
This may be necessary due to excessive demand or the inability to
maintain adequate pressure. When such conditions occur, the users
will be advised by public announcement in the official newspaper or
other means found necessary in an emergency.
E.Â
Maintenance. The property owner shall be responsible for the maintenance
of the water service lines between the curb stop and the premises,
except for the water meter, and shall keep the same in good repair
and protected at all times from damage of any kind and shall be liable
for loss of water for failure to do so. The property owner shall be
responsible for the maintenance of the sewer lateral lines between
the premises and the cleanout. All leaks in the service lines shall
be promptly reported to the Division and repaired within three working
days by the property owner. However, the Township is not responsible
for the maintenance of any cleanout and sewer lateral line located
on private property.
[Amended 9-7-2021 by Ord.
No. 2021-14]
F.Â
Failure of a meter to register property shall be reported immediately
to the Division. Charges for water during the period of such failure
shall be computed on the basis of average consumption over a reasonable
period of time prior to the reporting of the failure. Should a customer
believe that the meter is not registering properly, the customer may
file a written complaint with the Division, requesting an inspection
and test of the meter. If the meter is found to register more gallons
than are actually being drawn by the customer, there will be no charge
for testing, replacing or repairing the meter. However, if the meter
is found to register fewer gallons than are actually being drawn by
the customer by more than 1%, the customer will be responsible for
the entire cost of the test.
G.Â
Other prohibited acts.
(1)Â
No person, unless authorized by the Division, shall take water from
any public fire hydrant except for fire purposes. No person shall
in any manner obstruct or prevent free access to any fire hydrant,
or place or store any object, material, debris or structure of any
kind within a distance of five feet of any fire hydrant. Any obstruction,
when discovered, shall be removed by the Division at the expense of
the person responsible for the obstruction.
(2)Â
No property owner, customer, contractor or other unauthorized person
shall turn the water off or on at any curb stop or disconnect or remove
any meter without the consent of the Division.
(3)Â
No owner or customer of any tract or building supplied with water
or sewer service by the Division shall supply other persons or buildings
with water or sewer service.
(4)Â
No person shall at any time obstruct free access to any curb stop,
curb box, valve or other equipment or appurtenance of the sewer or
water systems.
H.Â
Improvements to system. All extensions, mains and other improvements
to the sewer and/or water systems made at the expense of any person
shall become the property of the Township of Medford and shall, after
inspection and approval by the Township Engineer and the Division
and acceptance by the Township Council, become the responsibility
of the Township for care, maintenance and repair.
I.Â
Discontinuance of service.
(1)Â
Water and/or sewer service may be discontinued for any of the following
reasons:
(a)Â
The use of water and/or sewer service for any property or purpose
other than as described in the application or in violation of the
terms of this article.
(b)Â
Willful waste of water or sewer service through improper or
imperfect pipes, fixtures or otherwise.
(c)Â
Failure to maintain in good order the connections, service lines
or fixtures owned by the property owner.
(d)Â
Molesting, tampering with or attempting to molest or tamper
with any service pipe, curb stop, seal, meter or any other fixtures
or appliances of the Department.
(e)Â
In case of vacancy of the premises.
(f)Â
Nonpayment of bills for water consumed and/or sewer service
or services rendered, or of fines and penalties imposed, or any other
reason resulting in a loss of revenue to the Division.
(2)Â
When service has been discontinued for any of the foregoing reasons, service shall not be restored until the defects remedied and the bills for water service due and a fee as set forth in Chapter 71 of the Code of the Township of Medford[1] have been paid to cover the costs of restoring the water
service. Furthermore, the property owner shall be liable for any loss
sustained by the Sewer and Water Division as a result of a violation
of the aforesaid regulations.
(3)Â
When requested by the property owner or his agent, the Division shall discontinue service to a property. A turn-on charge as set forth in Chapter 71 of the Code of the Township of Medford shall be paid prior to the time the service is restored.
(4)Â
No adjustments of charges due to failure of the Division to discontinue
or restore service as requested by a property owner shall be made
unless the request is in writing and duly filed with the Division.
(5)Â
When water is turned off or on at the request of the property owner,
there will be no proration of the minimum quarterly charge, including
the initial turn-on.
J.Â
Automatic lawn irrigation systems.
(1)Â
All automatic lawn irrigation systems shall be equipped with a precipitation
sensor to turn the irrigation system off in the event that precipitation
occurs. The sensor shall be a cup-type sensor that will hold moisture
from rain precipitation. As long as the moisture is present in the
cup, the irrigation system will not activate.
(2)Â
It shall be the responsibility of the owner of the irrigation system to properly maintain the sensor. Failure to comply with this requirement will result in penalties under § 121-6.
(3)Â
This sensor installation provision shall apply to all irrigation
systems installed after the effective date of this subsection.
K.Â
Water conservation and emergency management regulations. The following regulations shall be enforced and subject to fines established under § 121-6:
(1)Â
Stage 1. At any time during the period of May 1 through September
30 of each year, if authorized by the Township Manager or the Manager's
designee to avoid a possible water emergency, the following water
conservation regulations shall be in effect:
(a)Â
The use of public water for irrigation shall be limited to an
odd/even schedule according to date and the users' house number.
[1]Â
The use of public water for irrigation shall be limited to six
hours per day, from 5:00 a.m. to 8:00 a.m. and 5:00 p.m. to 8:00 p.m.
prevailing time, in accordance with the odd/even schedule as set forth
in Stage 1, above.
[2]Â
Properties equipped with automatic sprinklers, for the purpose
of watering lawns, shrubs, trees, flowers or gardens, are permitted
to be watered according to the odd/even schedule from 5:00 a.m. to
8:00 a.m. only.
[3]Â
Swimming pools are permitted to be filled or topped off in accordance
with the odd/even schedule set forth in Stage 1 above.
[4]Â
Flowers and shrubs on properties having hand-held hoses equipped
with an automatic shut-off nozzle are permitted to be watered as needed.
[5]Â
"Common areas," which shall be defined as an area within or
related to a site, including but not limited to passive or recreation
lots, median strips, or open space, intended for the use or enjoyment
of residents, may be watered on even dates. Common areas shall specifically
include (but are not limited to) any property owned and maintained
by a homeowners' association.
(b)Â
The following uses shall be exempt from the odd/even requirement:
[1]Â
Use of water from private wells, lakes, streams or any source
other than the municipal water system.
[2]Â
Use of water for agricultural application.
[3]Â
Use of water by a business engaged in the sale of plants, shrubs,
trees, sod, etc., or landscaping services that require daily watering.
[4]Â
Use of water for newly planted landscaping, for a period of
time not to exceed 30 days from the date of installation.
[5]Â
Use of water for fire suppression and protection.
[6]Â
Use of water approved and authorized by the Division.
[7]Â
Customers of the water system, using water from private wells,
lakes, streams or other sources other than the municipal system, shall
post a sign, visible from the street, stating the source of the water
being used for irrigation purposes.
(c)Â
The use of public water for irrigation and exterior water use
shall not be permitted as follows:
(2)Â
Stage 2. Whenever conditions create, or threaten to create, a water
emergency, the Township Manager or the Manager's designated representative
shall have the authority to enact the following regulations:
(a)Â
There shall be no permitted use of public water for irrigation or other exterior water uses, unless such use falls within § 121-3K(1)(b) exemptions.
(3)Â
Stage 3. Whenever the State of New Jersey enacts a water emergency,
under the authority of the Water Supply Management Act, N.J.S.A. 58:1a-1
et seq., and the Emergency Water Supply Allocation Plan Regulations
(N.J.A.C. 7:19A-1.1 et seq.), the Township Manager or the Manager's
designated representative shall enforce said regulations.
A.Â
Application. Application for connection to the sewer and/or water
system shall be made in writing on a form furnished by the Division
and signed by the owner of the property for which said connection
is being applied or by his or her authorized agent.
B.Â
Sewer connection.
(1)Â
The applicant shall be solely responsible for installing and paying
for the lateral and all connections necessary between the building
and the sewer main. A cleanout must be placed between the curbline
and the property line of the building by the applicant. All connection
fees must be paid before a building permit is issued.
(2)Â
All pipes connecting any building with the sewer from the sewer main
in the street to the property line shall be PVC SDR-35 conforming
to ASTM C-3054 of not less than four inches in diameter or as otherwise
approved by the Township Engineer and shall be laid on a firm bed
with holes dug out for all bells and on a grade of not less than 1/8
of an inch to the foot. Joints shall be watertight and rootproof.
Cement joints shall not be approved.
(3)Â
Before laying the pipe from the building to the sewer main and after
the trench is graded, the bottom of the trench must be carefully compacted
to avoid unequal settling of the pipe.
(4)Â
In refilling any trench excavated for laying the pipe from the building
line to the sewer, care must be taken to have the sand or gravel in
the trench compacted and puddled in such a manner as to prevent settling.
This work, together with the replacing of the surface material of
the road or street and pavement or sidewalk, must be done in a thoroughly
workmanlike manner, and the said road or street and sidewalk shall
be left in as good condition as the same was before being disturbed
or dug up.
(5)Â
A cleanout must be placed at the curbline on all house laterals.
(6)Â
There shall be a cleanout for clean-out purposes, which shall be
at least four inches in diameter and shall extend to the top of the
ground and shall be furnished with a solid, watertight removable cap
or such other suitable appliance as shall be approved by the Department.
(7)Â
No rainwater or drainage from surface or cellars whatever shall be
allowed to be drained into the sewer.
(8)Â
All sewer laterals shall be constructed in accordance with the appropriate
Medford Township details unless otherwise approved by the Department.
C.Â
Water connections.
(1)Â
The applicant is responsible for the total installation costs, whether
performed by the Division or the applicant, which shall include the
digging of a trench, the making of a tap and laying of the water line
from the main to curb stop and the furnishing and installation of
the water meter. The water meter lines and curb stop shall be as approved
by the Division. All water lines from the main to the curb stop shall
be at least four feet below surface of finishing grade to ensure against
freezing. Said water lines shall be separated from the sewer and other
service pipes by at least two feet. Notice must be given to the Division
at least two days before any inspection is required and stating the
time when the trench will be opened and ready for inspection.
(2)Â
The installation of the water meter shall be made by the owner, not
the Township. The service from the distribution main to the curb box
shall be installed in the area between the curb and the sidewalk or,
if not practicable, at a location to be determined by the Division.
The meter shall be installed in the dwelling with a remote meter head
mounted directly on the meter.
(3)Â
All connections shall be metered, and any use of water without a
meter makes the property owner liable for an amount of water consumed
as estimated by the Division in addition to any penalties imposed
under this article or the statutes of the State of New Jersey. No
fixture of any kind from which water may be drawn shall be placed
on the street side of the meter. The Township may order the water
supply discontinued upon repeated offenses.
(4)Â
All water lines between the main and the curb stop, and the curb
boxes and the water meters are the property of the Division and shall
be maintained by the Division insofar as ordinary wear and tear are
concerned.
(5)Â
All plumbing and connections shall be designed to withstand a working
pressure of at least 125 pounds to the square inch.
(6)Â
All water lines shall be constructed in accordance with the appropriate
Medford Township Details unless otherwise approved by the Department.
D.Â
Multiple connections prohibited. A single-service line or lateral
for sewer and/or water shall not be permitted to serve more than one
unit without the approval of the Division and the payment of the appropriate
additional connection fees and annual service fees.
E.Â
Inspections. All work pursuant to the installation of a sewer and/or
water connection must be inspected by the Township through the Township
Manager or the Manager's designee. Any person making said connection
shall notify the Township at least 48 hours prior to the commencement
of work. Any work performed without inspection may be uncovered or
removed for inspection.
F.Â
G.Â
Extensions.
(1)Â
All applications for water or sewer main extensions shall be prepared,
whenever necessary, by the customer at its sole expense and shall
be subject to review and approval by the Division and the Township
Engineer and shall be submitted to the Department of Environmental
Protection in the name of the Township as the applicant. All rights
or entitlement contained in a main extension permit issued by the
Department of Environmental Protection shall belong to the Township
and not to the customer. The Township reserves the right to withhold
the submission of a main extension permit to DEP for good cause. The
Township reserves the right to surrender any main extension permit
to DEP on a section-by-section basis if substantial construction has
not yet begun on that section to which the permit refers.
(2)Â
Township approval shall be a condition precedent to the submission
of a main extension application to the Department of Environmental
Protection.
(3)Â
No application for extensions shall be filed without certification
from the Division that there is sufficient capacity in the sewer treatment
plant or water supply system to properly service the proposed extension.
(4)Â
The applicant shall construct and install, at no cost to the Township,
all off-site and all on-site water and/or sewerage systems and facilities,
including mains, force mains, pumping stations and any and all related
appurtenances, which are necessary to extend service from the existing
sewer and/or water system to the units for which application for service
has been made. All construction shall be inspected by the Township
Engineer, and the proposed improvements shall be covered by adequate
performance guaranties as set forth in the Medford Development Ordinance.
H.Â
Sanitary sewer connection charges.
(1)Â
A connection fee in accordance with the terms of this article shall
be imposed for the connection of any property to the sewerage system.
The connection fee shall be uniform within each class of users and
shall be calculated in accordance with N.J.S.A. 40A:26A-11. The Mayor
and Council of the Township of Medford shall, by separate resolution,
determine the sewer connection fee on an annual basis at the end of
each budget year, or as soon thereafter as an audit may be completed
to properly determine the capital base of the Township of Medford
in its sewerage system. The proposed revisions to the sewer connection
fee shall be the subject of a public hearing. Connection fees shall
be paid at the time that a sewer permit application is made for either
service to a new building, facility or structure or as otherwise required
by this article. The issuance of a valid sewer permit shall be a condition
precedent to the issuance of a building permit for any new building,
facility or structure or existing nonresidential building, facility
or structure for which an additional connection fee is required. No
application for a sewer permit shall be issued by the Township unless
and until the following conditions, as applicable, have been satisfied:
(a)Â
For a single-family residential dwelling that is not part of an approved subdivision as described in Subsection H(2) below, written confirmation from the administrative officer (as such term is defined in the Municipal Land Use Law) of the Township that the applicant's proposed use of the property will not require any land development approvals pursuant to the New Jersey Municipal Land Use Law and the land development and zoning ordinances and codes of the Township of Medford.
(b)Â
For a single-family, multi-lot or multifamily residential or
any nonresidential new development, preliminary subdivision and/or
site plan approval has been granted by the Medford Township Planning
Board or Zoning Board of Adjustment, as applicable, pursuant to the
New Jersey Municipal Land Use Law and the land development and zoning
ordinances and codes of the Township of Medford.
(c)Â
For any lot currently serviced by a private on-site septic system
that does not require land development approval pursuant to the New
Jersey Municipal Land Use Law and the land development and zoning
ordinances and codes of the Township of Medford or for which no change
in use of such lot is proposed, written confirmation from the administrative
officer of the Township that the applicant's proposed use of
the property will not require any land development approvals pursuant
to the New Jersey Municipal Land Use Law and the land development
and zoning ordinances and codes of the Township of Medford.
(d)Â
Any sewer permits that remain unused (i.e., actual sewer hook-up
for such permits has not occurred) after i) the applicable development
project is completed and applicable performance bonds are released,
or ii) the applicable land development approvals for the development
project have expired pursuant to the New Jersey Municipal Land Use
Law and/or land development and zoning ordinances and codes of the
Township of Medford, or iii) the land development project is abandoned
by the permit holder, may be repurchased by the Township for the price
paid by the applicant/permit holder at the direction of the Township.
(2)Â
Connection fees for nonresidential users shall be based upon the
projected usage multiplied by the rate per gallon per day of the sewer
connection fee. A minimum sewer connection charge per unit for nonresidential
users shall be imposed, in an amount equal to the residential connection
fee.
(3)Â
Projected flows for the nonresidential users shall be determined
by the Township Utility Engineer pursuant to the current version of
N.J.A.C. 7:14A-23, Technical Requirements for Treatment Works Approval
Applications, whenever practicable. In the event that a type of use
is not listed in N.J.A.C. 7:14A-23, the Township Utility Engineer
shall use his or her best judgement in determining projected sewer
usage. The Township may adopt additions or exceptions to the flow
projections contained in N.J.A.C. 7:14A-23.3 by resolution. For the
purpose of calculations, any reference to "seat" or "person" in N.J.A.C.
7:14A-23, or in any projected flow criteria adopted by the Township,
shall be deemed to mean the maximum permitted occupancy established
pursuant to the Uniform Construction Code and/or the Uniform Fire
Code.
(4)Â
In the event that an application is made for sewer service to a nonresidential
building or unit for which the types or sizes of the uses therein
have not been determined by the applicant or are subject to change
in the future, a connection fee shall be assessed based upon the maximum
potential projected sewer usage in the building or unit. The Township,
in its discretion, may enter into a deferred connection fee agreement
under which an initial connection fee would be imposed only for those
uses that are initially contemplated, and which would defer the payment
of the balance of the connection fee until such time as a use for
which the initial connection fee was paid is changed to a use that
will generate additional sewer usage. Any connection fee paid under
a deferred connection fee agreement shall be paid at the connection
fee rate then prevailing at that time that payment is made.
(5)Â
No sewer connection permit shall be traded, sold, transferred or
otherwise entitle any person to connect, except for the specific lot
and block or unit or building number for which said permit was issued.
In the event of the sale of the lot, unit, subdivision and/or site
plan for which a sewer connection permit has been issued but not yet
connected, the applicant shall notify the Township and request an
amended permit listing the new owner, to be issued to the new owner
of record.
(6)Â
An application for additional capacity shall be made by any existing
nonresidential user whenever there is an increase in the projected
sewer usage for any existing building or unit resulting from an increase
in size in the building or unit. A connection fee shall be charged
to the nonresidential user based upon the increase in projected sewer
usage associated with the aforesaid increase in size.
(7)Â
Unless otherwise provided in any redevelopment agreement approved
by the Township Council prior to the effective date of this article,
connection fees to public housing authorities and nonprofit organizations
building affordable housing projects that consist of new connections
to the system are to be computed by providing a 50% reduction in the
connection fee established in this rate schedule. Connection fees
to public housing authorities and nonprofit organizations building
affordable housing projects that consist of replacement units for
demolished or refurbished units, and for which a connection fee was
previously paid, are to be computed by charging the lesser of the
reduced rate of 50% of the connection fee established in this rate
schedule, or the connection fee established in this rate schedule,
minus a credit in the amount of a connection fee previously paid for
the housing units being replaced, provided the public housing authority
and nonprofit organization can establish the connection fee previously
paid. If the amount of the previous connection fee cannot be established,
the reduced rate of 50% of the connection fee established in this
rate schedule shall apply.
(8)Â
In the event that an application is made to reinstate sewer service
to a residential structure that was previously abandoned or terminated
when the prior structure was demolished or substantially totally destroyed
because of catastrophe, no additional connection fee shall be due,
provided that the application for service is made within three years
of the date of the prior termination of service.
(9)Â
In the event that an application is made to reinstate sewer service
to a nonresidential structure that was previously abandoned or terminated
when the prior structure was demolished or substantially totally destroyed
because of catastrophe, no additional connection fee shall be due,
provided that 1) the application for service is made within two years
of the date of the prior termination of service; and 2) there is no
change in the projected sewer usage of the building. In the event
that condition 1) herein has been satisfied, but there will be an
increase in the projected sewer usage of the building, then the applicant
shall pay a connection fee only on the amount of the increase in the
projected sewer usage.
(10)Â
The Township may, in its discretion, reserve such available
sewer capacity as it deems necessary for the issuance of sewer connections
on a hardship basis for any building lot serviced by a failing private
on-site septic system or equivalent thereof, which system should be
replaced for public health and safety reasons, based on the recommendation
of the Township Utility Engineer.
(11)Â
Payment of any sewer connection fee is expressly in addition
to any other costs for constructing or installing any lateral, main
or other appurtenance to the sewer system and inspection fees or other
governmental charges required of the applicant in order to make said
connection.
(12)Â
At such time as the committed capacity of the sewage treatment
plant equals 75% of the total permitted treatment or design capacity
of the sewage treatment plant and at any time thereafter the Township
may elect, at the Township's sole option, to repurchase any number
of sewer permits so long as the criteria set forth below are met.
This repurchase shall be accomplished by giving written notice to
the record owner of any such permit, stating the Township's intention
to repurchase the permit or permits at least six months from the date
of said notice. In the event that the unit or units for which the
connection permits were issued are not physically connected to the
sewage system within said six-month period, said repurchase shall
be completed by the payment by the Township of the original sewer
connection fee paid by the applicant, together with interest on said
connection fee in an amount and at the rate of interest received by
the Township at the time on ordinary passbook savings accounts, up
to a maximum of 5Â 1/4% per annum. At the time that the Township
tenders said payment, the sewer connection permits which are repurchased
shall be null, void and of no legal effect; and the Township shall
be free to sell new permits covering the capacity which had been reserved
under the repurchased permits, subject to the remaining provisions
of the Medford Township Code and ordinances. The Township may, at
its sole discretion, designate any or all of the sewer permits that
it obtains through purchase as not available for resale unless the
applicant satisfies the hardship criteria set forth below.
(a)Â
Repurchase criteria and methodology. All sewer permits that
have been issued by Medford Township shall be subject to repurchase,
except as set forth below:
[1]Â
No permits may be repurchased to the extent of and for so long
as such permits provide sewer service for any existing building or
structure.
[2]Â
No permits shall be repurchased for which sewer allocation has
been reserved and/or approval has been received from the New Jersey
Department of Environmental Protection (NJDEP) for so long as said
approval remains valid, including any extensions of said approvals,
and for so long as construction pursuant to such approval is ongoing.
[3]Â
No permits shall be repurchased to the extent that the underlying
property or development project for which the permit or permits were
purchased satisfies any of the following criteria: the permit is in
use for a building or buildings; the applicant or property owner has
made substantial expenditures (as that term is defined below) for
construction of the sewer system on the property; the permit is issued
for a sewer connection or connections that will remedy a proven public
health hazard or population problem; the permit or permits are or
will be used for a long-term health facility, a hospital, a fire or
police station, senior citizen housing or housing for the handicapped;
the permits will be used for the construction of a development which
allows for or aids the Township in satisfying its obligations to provide
housing to households of low and moderate income, pursuant to the
Medford Township Housing and Fair Share Plan; or the permit is for
a building that was previously sewered and which was constructed prior
to the imposition of the moratorium, but only to the extent of the
prior usage (no additional sewer shall be obtained for future expansion
or reconstruction).
(b)Â
The Township may, but need not, repurchase any or all of the
sewer permits available for repurchase. In particular, the Township
shall analyze the above criteria and the needs of the Township and
the status of the permittee's property tax payments in considering
whether and the extent to which to repurchase sewer permits from a
permittee. In addition, the Township may consider the type of development
that is proposed for the property in light of the Township's
stated desire to maintain an appropriate mix of commercial and noncommercial
development in Medford Township. The Township, if it desires to repurchase
sewer permits, shall commence such repurchases with the first permit
which is available and not exempt as set forth above; however, the
Township may decide to allow a permittee to retain up to 10% of the
total number of permits so as not to deprive such permittee and property
owner of all use of the property for which the permits were purchased.
The Township shall proceed down its sewer permit list, which lists
sewer permits by date of purchase, in effectuating the repurchase
of any permits.
[1]Â
"Substantial expenditures" shall mean those eligible costs in
excess of:
[a]Â
Twenty-five percent of the cost of those projects
whose total costs are $100,000 or less.
[b]Â
$25,000, plus 10% of the costs in excess of $10,000,000
for those projects whose total cost is less than $10,000,000 but more
than $100,000.
[c]Â
$1,025,000, plus 5% of the project costs in excess
of $10,000,000 for those projects whose total cost is at least $10,000,000.
[d]Â
In addition, the applicant shall submit an estimate
of the total cost with a certification that the estimate is true and
accurate.
I.Â
Oil and grease maintenance.
(1)Â
Discharge prohibited. Nonbiodegradable oil and grease of a mineral
or hydrocarbon origin shall not be discharged to the sewer system.
(2)Â
Interceptors required, generally. Oil and grease interceptors shall
be installed when, in the opinion of the Plumbing Subcode Official,
in accordance with N.J.A.C. 5:23-3.3, they are necessary for the proper
handling of liquid waste containing floatable biodegradable oil and/or
grease in excessive amounts, except that such interceptors shall not
be required for private dwelling units, in accordance with the provisions
of the Plumbing Subcode.
(3)Â
Interceptors required, mandatory. Effective immediately, oil and
grease interceptors (grease traps) shall be installed in wastewater
lines leading from sinks, drains or other oil and grease wastehandling
facilities in new and existing eating, drinking and food preparation
establishments, including but not limited to those listed below, to
intercept, separate and accumulate excessive amounts of oil and grease
for proper removal, unless the Plumbing Subcode Official shall make
a specific determination in writing and after examination that an
interceptor is not required:
(a)Â
Restaurants and cafeterias.
(b)Â
Hotel/motel kitchens and full-service bars.
(c)Â
Factory cafeterias or restaurants.
(d)Â
Tavern kitchens.
(e)Â
Office and commercial building cafeterias.
(f)Â
Fast-food restaurants.
(g)Â
Hospital kitchens and cafeterias.
(h)Â
Private club restaurants and cafeterias.
(i)Â
Camp restaurants, cafeterias or kitchens.
(j)Â
School cafeterias.
(k)Â
Church and Fire and Police Department kitchens used more frequently
than two meals per week.
(l)Â
Bakery kitchens.
(m)Â
Meat and seafood preparation stores.
(4)Â
Type and capacity. All interceptors shall be of a type and capacity
approved by the Plumbing Subcode Official and shall be located as
to be readily and easily accessible for cleaning and inspection. Oil
and grease interceptors shall be the two-chamber type with inlet and
outlet baffles, constructed of precast concrete or cast iron or other
approved material and shall be located as close as possible to the
wastewater source. The interceptor shall be of adequate capacity to
trap the quantity of oil and grease contained in the wastewater. The
required flow capacity shall be calculated from the number and kind
of sinks or fixtures discharging to the interceptor. In addition,
the interceptor should be rated on its accumulated grease capacity,
which is the amount of grease (in pounds) that the trap can hold before
its average efficiency drops below 90%. The grease retaining capacity
in pounds shall equal at least twice the flow rating in gallons per
minute. Recommended minimum flow rate capacities of interceptors (traps)
connected to different types of fixtures is given in the following
table.
Recommended Ratings for Commercial Grease Traps
| |||
---|---|---|---|
Type of Fixture
|
Rate of Flow
(gallons per minute)
|
Grease Retention Capacity
(pounds)
|
Maximum Capacity of Fixture Connected to Trap
(gallons)
|
Restaurant kitchen sink
|
15
|
30
|
50.0
|
Single compartment scullery sink
|
20
|
40
|
50.0
|
Double compartment scullery sink
|
25
|
50
|
62.5
|
2 single compartment sinks
|
25
|
50
|
62.5
|
2 double compartment sinks
|
35
|
50
|
87.5
|
Dishwashers for restaurants up to 30 gallons' water capacity
|
15
|
30
|
50.0
|
30 to 50 gallons' water capacity
|
25
|
50
|
62.5
|
50 to 100 gallons' water capacity
|
40
|
80
|
100.0
|
(5)Â
Maintenance of interceptors. All installed interceptors shall be
properly maintained by the owner of the property where the interceptor
is installed. The owner shall maintain records of the dates and manner
of disposal, and said records shall be available for review by the
Plumbing Subcode Official upon request. In addition, the interceptor
itself shall be subject to inspection by the Plumbing Subcode Official
at any time. The interceptor shall be cleaned as and when necessary
for its proper operation and, at a minimum, shall be cleaned when
75% of the grease retention capacity has been reached. The owner of
the property where the interceptor is installed is responsible for
the proper removal and disposal by appropriate means of the collected
material. Any removal and hauling of the collected materials shall
be performed by currently licensed waste disposal firms.
(6)Â
Replacement of interceptors. Any replacement of an existing interceptor
shall be as required by the Plumbing Subcode Official in accordance
with the provisions of this article and the applicable provisions
of the Uniform Construction Code.
(7)Â
Compliance. All new establishments, where required by Subsection I(2) or (3) above, and all existing establishments of the type of use set forth in Subsection I(3) above, shall comply with the provisions of this article prior to any new sewer connection being made or prior to continued use of the existing connection. Existing uses required to comply with the provisions hereof shall complete all compliance within 180 days from the effective date hereof. Owners of existing establishments shall notify the Plumbing Subcode Official in writing of the intent to install an adequate oil and grease interceptor, which shall be accompanied by a drawing and specification of the proposed installation prepared by a licensed engineer or plumber and shall be inspected and approved upon completion by the Plumbing Inspector. Existing establishments presently possessing operating oil and grease interceptors shall have such installations inspected for adequacy and compliance by the Plumbing Subcode Official. In any inspection, evaluation or enforcement of any provision of this article, the Plumbing Subcode Official may request the assistance of the Township Engineer. After the initial 180-day period for compliance hereunder, any violations of the provisions hereof shall be subject to the provisions and penalties set forth in § 121-6, Enforcement; violations and penalties. Nothing herein shall prevent the enforcement of any other provision of this article for any other violation of any required maintenance or provision during the 180-day grace period.
J.Â
General guidelines for accepting remediation waste into the sanitary
sewer system.
(1)Â
The applicant must establish and escrow with Township to cover the
Township's costs of considering the application.
(2)Â
Applicant must provide a written proposal for their discharge, including
an explanation of the contamination and why it is seeking the discharge.
The discharge proposal shall cover the following:
(3)Â
Based on the above, the Township will review the proposal and may
request additional information as it deems necessary to make a determination.
Any approval would be contingent upon the following and any other
requirements that the Township may need to impose to protect its sewer
system.
A.Â
General billing procedures.
(1)Â
Sewer and/or water bills are payable quarterly unless it shall be
determined by the Township that the average usage by meter readings
exceeds 300,000 gallons per quarter, in which case bills shall be
rendered and payable monthly.
(2)Â
All charges for service not specifying a due date shall be due and
payable when presented.
(3)Â
Any water and/or sewer bill that is not paid prior to the first day
of the month following the month in which said bills are presented
shall be charged a penalty of 1% per month or fraction thereof on
the amounts not paid.
(4)Â
In the event that any bill for sewer and/or water service as set
forth in this article remains unpaid for 60 days after the same has
become due and payable, water service may be shut off after proper
notice and shall not be renewed until the turn- on charge is paid
and until satisfactory arrangements are made for payment of arrears
and interest. If any charge shall remain in arrears for six months,
the amount of said arrears, together with interest and lawful charges,
shall be placed as a lien against the real estate in accordance with
the provision of N.J.S.A. 40:14B-42.
(5)Â
In special cases not contemplated by the rate schedules below or
not clearly defined therein, the Township may establish special rates
as the Township Council shall deem necessary to keep and maintain
the Division on a self-liquidating basis, either by resolution or
agreement with the user, approved by resolution.
A.Â
Enforcing official. The provisions of this article shall be enforced
by the Township Manager or the Manager's designee, including
in all instances the Township Engineer.
B.Â
Violations and penalties.
Any person who shall violate any of the provisions of this article
or fail to comply therewith, or who shall violate or fail to comply
with any order or regulation made under this article, and any person
who may be employed or assist in the commission of any such violation
or violations, shall, upon conviction thereof, be subject to the following
fines:
The Township of Medford finds that they reduction of the amount
of extraneous flow to its sanitary sewer system is an important public
concern and is necessary in order to comply with the New Jersey pollution
discharge elimination system permit issued to the Township of Medford.
A portion of this extraneous flow enters the sanitary sewer system.
For purposes of this article, a direct connection is one that is intentionally
installed in a manner which allows extraneous flow to enter the sanitary
sewer system by piping connected to the sanitary sewer lines from
any building or lot. Indirect sanitary sewer connections are those
which allow extraneous flow to enter via a device such as a sink or
floor drain.
A.Â
The Township of Medford shall require a certificate of continuing
occupancy in accordance with the applicable Uniform Construction Code
regulations on any sale or transfer of property to ensure that extraneous
flow is not entering Medford's sanitary sewer system.
B.Â
An inspection of said properties will be conducted by the Township
before a certificate of continuing occupancy is issued. It shall be
the responsibility of the property owner to schedule an inspection
with the Department of Neighborhood Services.
C.Â
Should this inspection result in the discovery of sump pumps, roof
drains and/or any other drainage devices connected directly or indirectly
to the Township's sanitary sewer system, the certificate of continuing
occupancy will not be issued.
D.Â
A certificate of continuing occupancy shall only be issued if these
connections are permanently removed and disconnected from the Township's
sanitary sewer system in a manner approved by the Township in accordance
with applicable Uniform Construction Code regulations.
E.Â
If conditions preclude the immediate disconnection of the disallowed
flow, a cash bond in the amount of $2,000 shall be posted with the
Township to guarantee the completion of said work. Upon the posting
of the bond, the Township shall issue a certificate of continuing
occupancy. The cash bond, with accrued interest, will be released
to the property owner upon inspection and approval by the Township.
Any person violating any provision of this article shall, upon
conviction, be subject to a fine not exceeding $500 per month at the
discretion of the court. A separate offense shall be committed for
each thirty-day period during which a violation occurs or continues.