Borough of Tenafly ORDINANCE NO. 12-15 AN ORDINANCE AMENDING CHAPTER XVIII OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF TENAFLY ENTITLED SEWERS BE IT ORDAINED by the Mayor and Council of the Borough of Tenafly, County of Bergen, State of New Jersey, as follows: SECTION 1. Chapter XVIII, Sections18-1.1 through 18-1.6 of the Revised General Ordinances of the Borough of Tenafly are deleted and replaced with the following new Sections 18-1.1 through 18-1.13: 18-1 SEWER CONNECTIONS. The sanitary sewer system is composed of gravity mains, force mains, pumping stations, access manholes, and other related components, the installation and maintenance of which shall be the responsibility of the Borough, except as may be provided by developers agreement or other form of contract for service, maintenance or installation. The installation and maintenance of connections to the sewer system defined herein as "curb connections," "house laterals", and house plumbing systems" shall be the responsibility of the property owner. The Borough reserves unto itself the sole and exclusive right of ownership of and access to the sanitary sewer system. The system, its components and all connections thereto shall not be modified or altered in any way without specific approval from the Borough. 18-1.1 Permit Required. a. Application to Connect; Form. Before any building or premises shall be connected with a public sewer, the owner or lessee thereof shall obtain a written permit from the office of the Construction Code Official authorizing such connection to be made. Every application for a sewer connection shall be made on the form provided for that purpose. b. Permit to Repair. No person shall repair any sewer connection without first obtaining a permit therefor and complying with the provisions of this chapter. c. Permit Fees. Permits as herein defined shall only be issued by the Construction Code Official upon payment of the applicable fees required by the Uniform Construction Code and as otherwise set forth in this Section.
18-1.2 Supervision of Connections. a. Supervision Required. All public sewers, sewer connections and drains and all repairs to any sewer, connection or drain shall be constructed and made under the direction and supervision of the Borough Engineer, the Construction Code Officialand/or any other authorized inspector of sewers. b. Permit Required. 1. No portion of the sewerage system or drains or its connection branches shall be uncovered, nor shall any manhole or flush tank be opened, without a permit to do so, issued by the Construction Code Official. 2. No highway or public ground shall be opened for the purpose of making any sewer connection; nor shall any pipe of the sewerage system be broken, cut, or removed, nor any connection be made, unless a permit from the Borough has been obtained, subject to the approval and supervision of the Borough Engineer or other authorized inspector of sewers. 3. No grease trap or interceptor required by this section shall be installed, modified, or removed from a building or premises without a permit issued by theconstruction Code Official. c. Use of Public Sewers. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, sump pump discharge, swimming pool water, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. d. Discharge Restrictions. Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes into any public sewer; 1. Any liquid which may contain more than one hundred (100) parts per million by weight of fat, oil or grease. 2. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. 3. Any liquid having a ph factor lower than six point zero (6.0) or higher than nine point zero (9.0) or having any other corrosive property capable of causing damage or a hazard to the structure, equipment and personnel of the Borough or the Bergen County Utilities Authority. 4. Any liquid containing a toxic or poisonous substance in a sufficient quantity so as to injure or interfere with any sewage treatment processes, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
5. Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant. 6. Any noxious or malodorous gas or substance capable of creating a public nuisance. e. Interceptors and Traps. 1. Grease, oil and/or sand interceptors shall be provided when, in the opinion of the Department of Public Works ( DPW ), Health Department or the Construction Code Official,such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients. All interceptors or traps shall be of a type and capacity approved by the Construction Code Official and shall be located so as to be readily and easily accessible for cleaning and inspection. 2. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction and watertight and shall be equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All grease, oil and land interceptors shall be maintained by the owners, at their expense, in continuously effective operation at all times. f. Inspection and Approval Required. No sanitary sewer connected with the sewerage system shall be connected with any privy vault or cesspool or underground drain, or with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by theconstruction Code Official or other Borough official authorized to inspect sewers. g. Prevention of Detrimental Discharge; Severing Connection. The Construction Code Official may at any time, in his or her discretion, stop and prevent the discharge into the sewerage system of any substance deemed by it likely to damage the sewerage system, or to interfere with its normal operation, or to obstruct the flow, or to hinder any process of sewage purification. In its discretion, without notice and without recourse, the Construction Code Official may sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged. All costs associated with severing a sewer connection shall be borne by the property owner, either as a direct payment to the Borough or in the form of a lien as approved by the Mayor and Council. h. Plans; Application for Approval. Before any sewerage work or drainage is done or commenced in or upon any property to be connected with the sewer system, and before any alterations or additions are made to old sewerage or drainage work, plans and description of the proposed work shall be filed in duplicate with the Construction Code Official, accompanied by an application for approval of the plan, and for the issuance of a permit to do the work. The plans, descriptions and specifications shall conform to all provisions of this chapter and to all the rules and regulations that are or may hereafter be made concerning this work.
i. Permit Required; Fee. No work may be commenced until the plans are filed and a permit is issued by the Construction Code Official. For each permit, the fee shall be in accordance with the applicable Uniform Construction Code fee schedule, and shall be paid to the Borough for its use in defraying the cost of inspection and tests. 18-1.3 Commercial-Type Kitchens and Retail Food Establishments. a. Commercial-type kitchens are those where foods are prepared for public consumption on or off the premises. b. Retail food establishmentsshall be given its normal definition in the industry. A retail food establishment includes retail businesses which process and/or serve food and food products. b. Any grease arising out of any cooking, grilling, frying or meat trimming shall be recycled using a qualified firm equipped to handle such materials. The owner shall keep an accurate record of such recycling and make that record available to authorized representatives of the Borough. c. The owner of every retail food establishment or any location containing any commercial-type kitchen shall be required to install and maintain an approved grease interceptor or trap on all sinks discharging into the Borough sanitary sewer system. The design, location, installation, and permitting for the interceptor or trap shall conform to the regulations of the New Jersey Uniform Construction Code. d. It shall be the responsibility of each such owner to regularly clean and maintain the interceptor or trap to prevent grease from entering the sewer system, and to post and maintain a log adjacent to said interceptor or trap for each cleaning. e. Grease interceptor cleaning shall be done as recommended by the manufacturer or as required. A maintenance log including the time, date and signature of the person performing the cleaning shall be kept on the premise and shall be readily available for inspection by a representative of the DPW, the Construction Code Official or his designee, or Health Department. If it is determined that the system is not sufficient, the cleaning shall be increased or a larger unit shall be installed. Inspection records shall be maintained for a minimum period of one (1) year. f. Representatives of the DPW, the Construction Code Official, and/or the Board of Healthshall have access to any food establishment to inspect the grease trap and maintenance/cleaning records. No establishment shall restrict access to the grease trap. g. Failure to properly maintain a grease interceptorand/or to retain the maintenance log as required by this section shall constitute a violation of this section and shall be subject to the penalty provisions. In addition to any penalties imposed for a violation of this ordinance, the following costs shall also be imposed:
1. The costs for clearing and cleaning any blockages in the sanitary sewer mains that are attributable to a commercial-type kitchen shall be paid by the owner. 2. Such charges shall include, but not be limited to, the full cost for labor, including fringe benefits, equipment costs, and surcharges, if any, whether those costs were incurred by Borough employees or by a contractor hired by the Borough, or both. 3. Any property damage arising out of a sewer blockage caused by the commercial-type kitchen shall also be borne by the owner of the premises causing the blockage. 18-1.4 Bond; Terms; Additional Deposit. a. Before granting a permit in accordance with this section, the Borough may require the applicant to furnish a bond with one (1) or more sureties acceptable to the Borough. The bond shall be conditioned that: 1. The applicant shall indemnify and save harmless the Borough, the Council, and the officers, employees and officials of the Borough, from all suits and actions of every name and description brought against the Borough or any officer, employee or official of the Borough for or on account of any injury or damage received or sustained by any person in consequence of, or resulting from, any work performed by the applicant, his/her servants, agents or contractors or subcontractors, or from any improper materials used in the work, or from any negligence in guarding the work, or from any act or omission of the applicant, his/her servants, agents, contractors or subcontractors. 2. The applicant shall faithfully perform or cause to be performed the work in all respects and shall replace and restore that portion of any street in which the applicant, his or her servants or agents, contractors or subcontractors shall make any excavation, to as good condition, of which the Borough Engineer or the DPW shall be the judge, as that in which the same was before the work was performed, and shall also keep and maintain the street in like good condition to the satisfaction of the Borough Engineer or the DPW for the period of one (1) year. 3. The Borough Engineer or the DPW may within that year, with or without notices to the applicant, recommend to the Mayor and Council that the street be repaired, and that the cost thereof shall be paid forthwith by the applicant upon demand, or charged against any bond or escrow on file. 4. The applicant shall comply in all respects with the rules and regulations established by the Borough Engineer relative to the work, and shall pay all fines imposed upon him for violation of this chapter or of any such rule or regulation.
b. The bond shall be in the sum of one thousand ($1,000.00) dollars for one (1) connection, or such other sum as the Borough Engineer may determine adequate for the number, location, and types of connections. Applications for more than one (1) connection shall show that all connections are to be made within sixty (60) days from date of application. 18-1.5 Connections by Plumbers; Types of Sewers and Connections. a. Connection by Licensed Plumber; Supervision. The owner or lessee of every property on which there is erected, or on which there shall hereafter be erected any dwelling house, store or other building, containing a toilet, sink, bathtub, washbowl, or other receptacle for the receipt and discharge of refuse, water or sewerage, abutting on any street in which there shall have been constructed a sanitary sewer or sewers, shall connect such toilet, sink, bathtub, washbowl or other receptacle in the building with the sewer. All such connections shall be constructed and made by a plumber licensed by the State of New Jersey, or such other contractor as may be authorized by theconstruction Code Official to make the connection, at the expense of the owner or lessee of the property connected, and under the supervision of theconstruction Code Official or his or her designee. b. Types of Sewers and Connections. Sewers under streets or under a right-ofway for sewer purposes required by the Borough shall be known as "main" or "lateral" sewers as the case may be. Sewer connections from a main or lateral sewer to the curbline shall be known as "curb connections." Sewers from the curbline to the exterior end of the iron pipe outside a building shall be known as "house laterals." All pipes within a building and to a maximum of five (5') feet outside thereof shall be known as the "house plumbing system." c. Property Owner Responsibility. It shall be the responsibility of the property owner to maintain in good condition the sewer lateral from the building line to its connection to the main at the street. 18-1.6 Work on State or County Roads; Permit Required. Where any work to be done in accordance with the provisions of this section shall necessitate the opening of a State or County road or highway, the owner or lessee shall prior to his/her making application to the Construction Code Official as herein provided, obtain the necessary permit for the work from the appropriate Bergen County department or from the State Department of Transportation. 18-1.7 Carrying Connection to Curb. Where there is a main or lateral sewer in the street but no curb connection, the owner or lessee shall engage a plumber licensed by the State of New Jersey or other contractor approved by theconstruction Code Official to carry the connection to the curb. The licensed plumber or other approved contractor shall open the street and connect with the "Y" in the main sewer or lateral sewer, or at such place as theconstruction Code Official may designate. The licensed plumber or other approved
contractor shall connect to the "Y" branch, or make his own connection to the main or lateral sewer with a cast iron or PVC SD35 connection. All aforesaid work by the licensed plumber or other approved contractor shall be done under the supervision of the Construction Code Official. The licensed plumber or other approved contractor shall not commence to refill any openings or excavations until all of the work with respect to the connection to the main or lateral sewer to the curb has been approved by theconstruction Code Official or his or her designee. 18-1.8 Curb Connections; Trenches. All curb connections shall be constructed and made of four (4") inch cast ironor PVC SD35 soil pipe or such other pipe and materials as theconstruction Code Official may approve. Trenches shall be back-filled in accordance with the Uniform Construction Code, well tamped and not puddled, and no openings shall be made by tunneling. 18-1.9 Protection of Openings; Excavations, Lighting. All applicants, and their servants, agents, or employees shall adequately protect any openings or excavations so as to avoid injury or damage, and shall keep adequately lighted any such excavation or opening during the nighttime. 18-1.10 Revocation of Permits. The Construction Code Official may revoke all permits granted under this section for sufficient cause after hearing. No person shall have the right to demand or claim any damages from the Borough by reason of such revocation. 18-1.11 New Construction. a. Fees.All new construction in the Borough shall be subject to the sewer fee schedule set forth in the Uniform Construction Code and such additional fees as may be imposed by the Bergen County Utilities Authority. b. Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy, theconstruction Code Official shall confirm and certify that all sewer permit fees have been paid in full to the Borough. 18-1.12 Existing Conditions. a. Illegal, improper, defective, or other similar sewer connections or openings are a threat to the health, safety, and welfare of residents or occupants of buildings and structures, and to the general public. Consequently: 1. The Construction Code Official, Health Inspector, and DPW are all authorized to order the proper and safe correction of any illegal, improper, defective, or otherwise unsafe connections to the sanitary sewer system that have been foundthrough inspection or confirmed after receiving reports or referrals from other sources.
2. The Construction Code Official, Health Inspector, and/or DPWmay refer any defective, hazardous, or otherwise improper sewer condition or usage to the New Jersey Department of Environmental Protection, Bergen County Utilities Authority, or any other such agency with jurisdiction over the improper or hazardous condition or use. b. Upon receipt of notice to correct any such condition, the owner of the property shall make the necessary corrections after first obtaining all permitsrequired under this Chapter. 1. If there is imminent danger that requires immediate repair, the work may be done without first obtaining a permit, provided that all such work is done under the supervision of the Construction Code Official. 2. If theconstruction Code Officialor his designee is not available to immediately inspect the work, the contractor shall make the necessary repair and then adequately and properly secure and safeguard the area for the Construction Code Official's subsequent inspection, which shall be performed within three (3) business days. day. 3. The owner or contractor shall apply for the permit on the next business 18-1.13 Violation; Penalty. Any person violating any provisions of this Section shall, upon conviction thereof, be subject to a fine of not less than $500 and not more than $5,000. The Construction Code Official, the DPW, the Health Inspector, and or their designees, shall each have the authority to issue a summons. In addition to the fine set forth herein, any person or establishment violating this section shall also be responsible for any costs incurred by the Borough in correcting any hazardous condition. The costs incurred by the Borough shall include an administrative surcharge of fifteen (15%) percent of the labor and material costs SECTION 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. SECTION 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
SECTION 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: September 11, 2012 ADOPTED: September 27, 2012 ATTEST: APPROVED: Lissette Aportela-Hernandez, Borough Clerk Peter Rustin, Mayor