Township of Wall, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Wall as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water and sewers — See Ch. 222.
[Adopted 11-8-1978 as Sec. 12-4 of the Revised General Ordinances]
A. 
There are in and about the western Monmouth area waters which are polluted and subject to pollution by sewerage and industrial and other wastes arising from causes within the territories of the municipality and the other four municipalities hereinafter mentioned. The Township Committee has ascertained that there is an imperative need to relieve such waters from pollution and thereby to reduce and ultimately abate the menace to the public health resulting from such pollution. The Sewerage Authorities Law of the State of New Jersey, (Laws of 1946, Chapter 138, as amended and supplemented; N.J.S.A. 40:14A-1 et seq.) grants power to any two or more municipalities the areas of which together comprise an integral body of territory by means and through the agency of a sewerage authority, to acquire, construct, maintain, operate or improve works for the collection, treatment, purification, or disposal of sewerage or other wastes. The Boroughs of Freehold and Farmingdale, the Township of Howell and portions of the Township of Wall and Freehold together comprise such an integral body of territory.
B. 
The Township Committee has decided and hereby determines that it is necessary and advisable and that it is in the best interests of the inhabitants of the Township that by joint parallel action by or on behalf of the Borough of Freehold and Farmingdale and the Townships of Wall, Howell and Freehold, each a municipal corporation of the State of New Jersey situated in the County of Monmouth and hereinafter referred to as "municipalities" that there be created a sewerage authority pursuant to said Sewerage Authorities Law as a public body corporate and politic and an agency and instrumentality of said municipalities for the purpose of relief of the waters in or bordering upon the state from pollution arising from causes within the area of the municipalities and the relief of waters in, bordering or entering said area from pollution or threatened pollution and the consequent improvement of conditions affecting the public health and to further provide for a collective approach solving the sewerage and pollution problems of the area of said municipalities.
Pursuant to the provisions of Paragraph (c), Section 4 of the Sewerage Authorities Law of the State of New Jersey [Laws of 1946, Chapter 138, as amended and supplemented; N.J.S.A. 40:14A-4(c)], there is hereby created a public body corporate and politic, under the name and style of the Manasquan River Regional Sewerage Authority, which sewerage authority shall be formed of territory as indicated on a map known as "Existing Facilities, Manasquan River Region, Sewerage Study Plan, Plate 1, Thomas W. Birdsall, Professional Engineer, Land Surveyor and Professional Planner, Belmar, New Jersey," dated June 16, 1971, a copy of which is on file in the office of the Township Clerk.
A. 
Manasquan River Regional Sewerage Authority is and shall be an agency and instrumentality of the five municipalities created by parallel ordinances duly adopted by their governing bodies and is a sewerage authority as contemplated and provided for by the Sewerage Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for by the Sewerage Authorities Law and any other statutes heretofore or hereinafter enacted and applicable thereto, except that it shall not have the power to construct, install, maintain or operate local or municipal sewage collection systems, nor any part thereof within the boundaries of any participating municipality. This limitation shall not prohibit the regional authority from constructing, maintaining or operating regional transmission mains within the boundaries of any participating municipality, extending from the local or municipal sewage collection system of any participating municipality to the regional authority's sewage treatment plant or plants.
B. 
All physical facilities of the regional authority, including treatment plants and pumping stations, shall, if feasible and practicable, be located and constructed in compliance with all lawful and reasonable zoning, building, screening, buffer, noise and odor requirements of the municipality in which they are to be located.
[Amended 8-14-2002 by Ord. No. 30-2002]
The Manasquan River Regional Sewerage Authority shall consist of 10 members thereof, and two of such members shall be appointed by the governing body of each municipality in accordance with the provisions of said Sewerage Authorities Law. The Manasquan River Regional Sewerage Authority shall be authorized to establish an annual salary for each of its members for the year 2002 of not more than $3,000. For each year thereafter, the maximum annual salary for each member shall be computed by applying a factor, based upon the annual increase or decrease in the implicit price deflater index (a/k/a municipal cap index) to the maximum salary for the prior year to determine the yearly adjusted maximum salary of each member.
A copy of this article duly certified by the Township Clerk shall forthwith be filed by the Township Clerk in the office of the Secretary of State of the State of New Jersey pursuant to the provisions of said Sewerage Authorities Law.
[Adopted 11-8-1978 as Sec. 2-5 of the Revised General Ordinances]
Pursuant to the provisions of Paragraph (c), Section 4 of the Sewerage Authorities Law of the State of New Jersey [Laws of 1946, Chapter 138, as amended and supplemented; N.J.S.A. 40:14A-4(c)], there is hereby created a public body corporate and politic under the name and style of the "South Monmouth Regional Sewerage Authority," consisting of the Boroughs of Belmar, South Belmar, Spring Lake, Spring Lake Heights, Sea Girt, Manasquan and Brielle and that part of the Township as indicated in the Wall Region Water Pollution Control Feasibility Study and Report, dated January 30, 1970, prepared by Thomas W. Birdsall, Professional Engineer and Land Surveyor, Professional Planner.
The South Monmouth Regional Sewerage Authority is and shall be an agency and instrumentality of the eight municipalities created by parallel ordinance duly adopted by their respective governing bodies, and is a sewerage authority contemplated and provided for by the Sewerage Authorities Law and shall be vested with all the powers granted by the provision of N.J.S.A. 40:14A et seq., except that it shall not have the power to construct, install, maintain or operate local or municipal sewage collection systems, nor any part thereof within the boundaries of any participating municipality. This limitation shall not prohibit the regional authority from constructing, maintaining or operating regional transmission mains within the boundaries of any participating municipality, extending from the local or municipal sewage collection system of any participating municipality to the regional authority's sewage treatment plant or plants.
The South Monmouth Regional Sewerage Authority shall consist of eight members thereof, and one of such members shall be appointed by the governing body of each of the municipalities in accordance with the provisions of the Sewerage Authority Law. The South Monmouth Regional Sewerage Authority shall be authorized to establish an annual salary for each of its members of not more than $2,000.
A copy of this article duly certified by the Township Clerk shall forthwith be filed by the Township Clerk in the office of the Secretary of State of the State of New Jersey.
The Township Committee shall appoint one alternate member to the South Monmouth Regional Sewerage Authority. The term of office of the alternate member shall be for five years commencing on February 1 of the year of appointment. Compensation for the position of alternate member of the authority shall be as fixed and compensated by the Township Committee. A vacancy in the position of alternate member shall be filled for the unexpired term. Pursuant to N.J.S A. 40:14A-4(n), the Township's alternate member may participate in discussions of the proceedings of the Authority, but may not vote, except in the absence or disqualification of the Township's regular member.
[Added 9-17-2003 by Ord. No. 26-2003]
Addendum No. 1 to the service agreement between the Township of Wall and the South Monmouth Regional Sewerage Authority providing for amendments to Part II, and additions to the aforesaid service agreement, be and the same is hereby approved.
[Added 9-17-2003 by Ord. No. 26-2003]
Addendum No. 2 to the service agreement between the Township of Wall and the South Monmouth Regional Sewerage Authority providing for amendments to Part II, and additions to the aforesaid service agreement, be and the same is hereby approved.
[Added 9-17-2003 by Ord. No. 27-2003]
Addendum No. 3 to the Service Agreement between the Township of Wall and the South Monmouth Regional Sewerage Authority providing for an amendment to Section 3.08 of the aforesaid Service Agreement be and the same is hereby approved.
[Added 8-11-2004 by Ord. No. 23-2004]
The Agreement Addendum, in the form presented to this meeting, be and hereby is approved. The Township of Wall, in the County of Monmouth, New Jersey, shall enter into the Agreement Addendum, amending its Service Agreement, dated as of March 13, 1974, with the South Monmouth Regional Sewerage Authority, whereby the Township shall agree to pay the debt service costs and expenses associated with improvements to its sewerage collection system, on the terms and conditions and substantially in the form presented to this meeting. The Mayor shall be and hereby is directed on behalf of the Township to execute said Agreement Addendum under the corporate seal of the Township which shall be affixed and attested by the Township Clerk, and to deliver the same.