Township of Ewing, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 175, Art. II, of the 1998 Code; amended 12-14-1999 by Ord. No. 99-16]
A. 
Metered and other service.
(1) 
The charge for sewage disposal services provided to a user or a contracting party may be based upon the water consumed on the user's premises or discharged into the sewer system as measured by the meter or meters used for this purpose or sewer flow measured by the meter or meters used for this purpose when such flow data is available. Annual water use shall be measured by the amount of water supplied to the user or returned to the sewer system during the previous 12 calendar months.
(2) 
In the absence of water or sewer meters, users shall pay the fee specified in § 300-8C of this article.
B. 
Sewer bills shall be due on April 1 and October 1 of each year.
[Amended 1-25-2005 by Ord. No. 05-02]
C. 
Operation, maintenance and replacement costs and other charges. The charge for sewer services shall include a uniform charge to each user and/or contracting party relating to the Ewing-Lawrence Sewerage Authority (ELSA) and Township of Ewing operation, maintenance and replacement costs and shall include any additional amount to recover other costs incurred by the Township in connection with the sewer facilities owned and operated by ELSA and/or the Township, including debt service. The user or contracting party shall also pay any further charge provided for in this article and in any agreement between the Township and the user or contracting party, which charge may be based upon and calculated as a multiple of the Ewing resident rate.
D. 
Limitation on service area. No sewer service shall be provided to any user or structure outside the territorial limits of the Township of Ewing except in accordance with an existing or newly negotiated agreement between the Township and the user or contracting party. Such service shall be provided in accordance with the terms and conditions of the agreement. Payment for such service shall be made in accordance with such agreement and the provisions of this article.
E. 
Publication and distribution of information concerning sewer charges. Information concerning the Township's sewer charges shall be made available to all contracting parties, users and the public by publication annually of the ordinance establishing the Township's sewer rates. A copy of the Sewer Charge Ordinance shall be posted in the Clerk's office for a period of not less than 30 days following the annual adoption of the ordinance. In addition, a contracting party or user may receive a copy of any statement required to be provided under this article. Any user receiving sewer services from the Township, upon request, shall also be provided with a statement showing the details of the Ewing sewer charges, including charges for operation, maintenance and replacement costs and all other charges included within the Township's sewer charge.
[Amended 11-13-2000 by Ord. No. 00-28; 8-14-2001 by Ord. No. 01-24; 3-8-2011 by Ord. No. 11-04; 4-10-2012 by Ord. No. 12-10; 3-28-2017 by Ord. No. 17-07]
The "Ewing resident rate" shall consist of the sewer charges set forth herein.
A. 
Computation of proportionate flow sewer charges for Ewing residents commencing on January 1, 2012. The rate per 100 cubic feet based upon annual water consumption or sewer flow shall be set by the Township Council by resolution annually based upon actual billing from the ELSA within the following range:
ELSA and Ewing operations, maintenance and replacement charges
Range: $3.25 to $5
B. 
Infiltration/Inflow sewer use charge. Each user, in addition to the proportionate flow charges in Subsection A herein, shall pay an annual charge for his or her proportionate share of operation and maintenance for extraneous flows caused by infiltration and inflow. A separate charge shall be paid for each dwelling unit or each commercial, industrial or other facility receiving sewer service. Twenty percent of the flows to ELSA from its users are deemed caused by such extraneous flows. The infiltration/inflow charge shall be calculated by the Township based upon the number of dwelling units and each commercial, industrial and other facility receiving service. The infiltration/inflow sewer use charge commencing January 1, 2012, will be set by the Township Council by resolution annually based upon actual billing from the ELSA within the following range: $75 to $175.
C. 
Rate charges for unmetered premises. Charges for sewer service for premises without metered sewer or water connections, based upon an estimated annual water consumption of 6,400 cubic feet. Applying the proportionate flow sewer charge in § 300-8A, the annual charge commencing January 1, 2012, will be set by the Township Council by resolution annually based upon actual billing from the ELSA within the following range:
(1) 
Each family, dwelling or commercial facility with a complement of five or fewer fixtures shall pay annually: $208 to $265.
(2) 
For each additional fixture over the complement of five, the user shall pay an additional $52 to $65.
(3) 
Each user shall also pay, for each laundry tub or automatic washing machine in excess of two, an additional $59.80.
(4) 
When more than one family uses the same complement of fixtures, or where individual fixtures are used in common by more than one family, the charge will be determined by multiplying the aforesaid rates or charges by the number of families using the fixtures.
(5) 
Each family, dwelling or commercial facility shall also pay the annual infiltration/inflow sewer use charge.
D. 
Rate for new connections. Newly connected sewer accounts shall be charged $23.58 per month from the issuance of the first certificate of occupancy (whether temporary or permanent) until December 31 of that calendar year. Thereafter, charges shall be in accordance with § 300-8A and B.
E. 
Charges and rates to be amended by resolution. The charges and rates specified in this article may be amended from time to time throughout the calendar year by resolution of the Township Council based on the actual charges and rates assessed by the Ewing-Lawrence Sewerage Authority to the Township.
F. 
Unmetered premises which use wells for water connection may install a water or sewer meter in order for the Township to charge for sewer service based on actual water consumption or sewer usage.
(1) 
The installation of the water or sewer meter must conform to Ewing Township Building and Construction Codes so as to ensure proper installation and measurement of usage and is subject to penalty and inspection upon installation.
(2) 
The resident shall read the water or sewer meter and shall accurately report the actual reading shown on the meter to the Township tax office on a quarterly basis. The Township or its authorized designee shall read the meter annually in January, for which access must be provided by the homeowner in the case of meters not visible from the outside of the premises. To the extent possible, meters shall be installed so as to provide accessibility and visibility from outside of the premises. In the event that access to the interior of the premises is necessary to read the meter, the homeowner shall afford such access on reasonable notice from the Township or its authorized designee to accomplish the annual fourth quarter reading. If access is denied or prevented after two efforts by the Township or its authorized designee to read the meter, the sewer charges shall be calculated in accordance with Subsection C above.
(3) 
The Township or its authorized designee may conduct periodic inspections of the water or sewer meter in order to confirm the working status and accuracy of the meter. Upon installation and in January of every other year thereafter, the homeowner shall provide to the tax office a certification as to the accuracy and functionality of the said meter from the manufacturer or installer or other qualified entity, including but not limited to Trenton Water Works. Such meter certification must certify as to accuracy of better than +/- 1%. The Township shall maintain such certifications with the homeowner's sewer charge records.
(4) 
Upon the sale of the property, a Township official or its authorized designee will conduct a final reading of the water or sewer meter. The homeowner shall provide a current certification, consistent with Subsection F(3) above, confirming the working status and accuracy of the meter. The full balance shown as due, based on the final reading by the Township official or authorized designee, will be charged to the premises at the rate in effect at the time of the final reading.
(5) 
A determination, pursuant to Subsection F(3) or (4) above, that the meter is not working, has been tampered with or is for any reason inaccurate, will result in a new assessment based on Subsection C above for the entirety of the period from the date of the last certification of accuracy. Credit shall be accorded for any sewer fees paid during said period. Further, in the case of deliberate tampering, the violator shall be referred to the appropriate authorities for review and prosecution, if appropriate.
(6) 
The failure to provide the biannual certification required hereunder will cause the homeowner to be assessed sewer charges in accordance with Subsection C above, until a new certification is provided, if the validity or accuracy of any reported reading is questioned based on previously reported readings.
G. 
The failure to pay the amount of the sewer bill as determined by the Township tax office shall cause the Township tax office to certify the amount due and any interest charged to the Township Council, which shall examine the amounts due and, if found correct, shall cause the costs as shown thereon to be charged against said lands. Such costs shall be added to the taxes next to be assessed and levied upon such lands the same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector in the same manner as taxes.
A. 
Service to individual users. Service to individual users beyond the territorial limits of the Township shall be provided in accordance with the terms and conditions of an agreement between the Township and the user.
(1) 
Sewer charges based upon water consumption. Such user shall be charged and shall pay the same rate per 100 cubic feet of water consumption for ELSA and Ewing operations, maintenance and replacement charges and such other amounts as are included in the rate in § 300-8A of this article and the annual sewer charge for infiltration/inflow. Such user shall also pay any additional charge agreed upon by the user and the Township in the agreement which authorizes sewer service for the user.
(2) 
Sewer charges based upon metered sewer flow. The annual sewer charge for infiltration/inflow shall not be applicable to any user whose sewer charges are based upon metered sewer flow. Such user shall pay for sewer service, based upon its actual metered sewer flow, an amount equal to its proportionate share of the ELSA and Ewing costs of operations, maintenance and replacement and debt service. Such user shall also pay any additional charge agreed upon by the user and the Township in the agreement which authorizes sewer service for the user.
(3) 
Publication and distribution of information concerning sewer charges. The Township shall provide each nonresident user with a statement of the charges payable by the user, which shall set forth the charge for ELSA and Ewing operations, maintenance and replacement costs, and all other applicable amounts, including any additional charge in the agreement between the Township and the user.
B. 
Service provided by agreement to multiple nonresident users. Where multiple nonresident users receive sewer service from the Township pursuant to an agreement between the Township and a contracting party, service shall be provided for the benefit of such users and shall be paid for pursuant to the terms and conditions of the agreement between the Township and the contracting party.
(1) 
Sewer charges based upon water consumption. The contracting party shall pay for sewer services based upon that party's total water consumption. The charge for sewer service shall be at the rate per 100 cubic feet of water consumption charged for ELSA and Ewing operations, maintenance and replacement costs, and for such other amounts as are included in the rate in § 300-8A of this article and the annual infiltration/inflow sewer charge for each dwelling or commercial, industrial or other facility receiving sewer services. The contracting party shall also pay any further charge or charges in the agreement authorizing sewer service for the contracting party. A statement of charges shall be provided to the contracting party in the same manner as set forth in § 300-9A(3) of this article.
(2) 
Sewer charges based upon metered sewer flow. The annual sewer charge for infiltration/inflow shall not be applicable to a contracting party whose sewer charges are based upon metered sewer flow. The contracting party shall pay for sewer services, based upon its actual metered flow, an amount equal to its proportionate share of the ELSA and Ewing costs of operations, maintenance and replacement and debt service. The contracting party shall also pay any additional charge agreed upon by the Township and the contracting party in the agreement which authorizes sewer service for the users. A statement of charges shall be provided to the contracting party in the same manner as provided in § 300-9A(3) of this article.
The late payment criteria and penalties applicable to the payment of real estate taxes and assessments shall also be applicable to the payment of sewer charges provided for in this article.
The Township shall review the user rates and charges annually and shall revise rates and charges as necessary to ensure that adequate revenues are generated to ensure the present and future financial self-sufficiency of the sewer system, to ensure conservation of water and sewer facilities and to ensure that adequate revenues are generated to pay the cost of operation and maintenance, including replacement, and that the sewer system continues to provide for proportional distribution of operation and maintenance, including replacement, costs among users.
[Added 8-9-2005 by Ord. No. 05-30]
Beginning fiscal year 2006, the sewer charges for municipal use for the West Trenton Prospect Heights and Pennington Road Volunteer Fire Companies are waived.