[Adopted 11-26-1991 by Ord. No. 920-91]
A. 
There shall be a connection fee payable to the Caldwell Sewerage Utility for all buildings, structures or premises, whether temporary or permanent, which shall hereafter be connected to the sanitary sewer system or the change in use of which increases the sewage flow through existing sewer connections. The amount of the connection fee shall be determined by the equivalent number of connections assigned to the building, structure or premises to be connected in accordance with the following standards and provisions:
[Amended 10-12-2010 by Ord. No. 1223-10]
(1) 
Each single-family individual detached residential building is assigned one equivalent connection.
(2) 
All other residential buildings are assigned one equivalent connection for each dwelling unit in the building, to include all rental, condominium or cooperatively owned dwelling units.
(3) 
The equivalent connection for all other buildings, structures or premises shall be determined by the Borough Engineer or the Sewer Utility Director or such other person as may be designated by the Borough Council.
B. 
The equivalent connections assigned under Subsection A shall be computed by multiplying the daily sewer use flows designated to the particular building, structure or premises by Design Flow Standards in effect at the time promulgated by the New Jersey Department of Environmental Protection by 365, and by dividing by 100,000, which quotient, rounded off to the next highest one-quarter number, shall be the number of equivalent connections assigned to the particular building, structure or premises. In no event shall the equivalent connection assigned to a building, structure or premises be less than one equivalent connection.
[Amended 7-13-1999 by Ord. No. 1073-99]
C. 
In the case of a change in use of a building, structure or premises increasing sewage flow, the equivalent connection fee shall be determined only upon the difference in flow of the Design Flow Standard for the new use and the Design Flow Standard for the old use, but in no event shall it be less than one equivalent connection.
D. 
Despite anything contained in this article to the contrary, in the event that a business relocates from a building within the sanitary sewer system to an alternate building within the sanitary sewer system and the business use remains the same in its entirety, the sewer connection fee to be charged to the alternate building will be based on the excess number of connections at the alternate building over the number of connections at the building from which the business is relocated.
[Added 10-12-2010 by Ord. No. 1223-10]
E. 
No building shall retain any credits for sewer connection fees. If a business vacates a building and relocates its business to an alternate business within the sanitary sewer system and such business pays a sewer connection fee pursuant to the terms of Subsection D, above, the building from which the business is vacated shall pay the appropriate sewer connection fee upon any subsequent use of the building.
[Added 10-12-2010 by Ord. No. 1223-10]
[Amended 7-13-1999 by Ord. No. 1073-99]
The fee for each equivalent connection assigned to each building, structure or premises shall be in the amount set forth in Chapter A270, Fees, as may be hereafter amended or supplemented by the Borough Mayor and Council.
[Amended 9-2-2025 by Ord. No. 1484-25]
A. 
The sewer connection fee for those connections which does not require the execution of a Treatment Works Approval permit from the NJDEP shall be paid in cash, certified check, or electronic payment at the time of issuance of a sewer connection permit by the Borough as more particularly provided for herein.
B. 
For those projects or connections which require the Borough of Caldwell to execute and endorse a Treatment Works Approval Permit, the connection fee shall be paid prior to the Borough endorsing or executing the Treatment Works Approval application and shall be paid in cash, certified check or electronic payment.
C. 
Pursuant to N.J.S.A. 40A:26A-11.3, for projects that are being constructed by a public housing authority, non-profit organizations building affordable housing projects, or any other affordable housing, including housing units within an inclusionary project, a 50% reduction in the connection fee shall be granted for those particular affordable units within the inclusionary project.
All unpaid connection fees shall accrue interest at the same rate as unpaid taxes upon real property with the Borough and shall be a lien upon the building, structure or premises connected until paid. The Borough shall have the same remedies and recourse for the collection of the connection fees with interest, costs and penalties as it has by law for the collection of taxes upon real estate.
Prior to the connection of any sanitary sewer of any building, structure or premises, whether temporary or permanent, to the sanitary sewer system of the Borough or prior to the change in use thereof which increases the sewage flow through existing sewage connection, a permit for said connection or change in use must be issued by the Borough in a form approved by the Borough Engineer, Sewer Utility Director or such other person as may be designated by the Borough Council. The permit shall identify the building, structure or premises being connected to the sewer system, the daily sewer use flow designated to the particular building, structure or premises for which a connection or change in use is required and the number of equivalent connections assigned for the building, structure or premises and the total connection fee payable therefor. Applications for sewer connection permits shall be in a form and in accordance with procedures to be designated and approved by the issuing officer.
The sewer connection permit must be obtained and issued prior to or at the time of the issuance of any preliminary site plan approval or building permit, whichever event is earlier, associated with or required for the building, structure or premises for which a sewer connection or change in use increasing sewage flow through an existing connection is sought.
Any person, firm or corporation who connects any building, structure or premises, whether temporary or permanent, to the sewer system of the Borough or changes the use of any building, structure or premises increasing the sewage flow through existing sewer connection without paying the connection fee or obtaining a sewer connection permit as provided herein shall be in violation of this article and shall be required to pay the connection fee provided for herein and obtain a connection permit, and said connection fee shall be the fee payable as of the date the required permit is issued.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation who is in violation of this article shall, upon a conviction thereof, be punishable by a fine of not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or a combination thereof. Each day for which a person, firm or corporation is in violation of this article shall be a separate violation hereunder.