Montclair Municipal Code Art. VI Sewer-Related Fees

Before granting any permit for the construction of a main line sewer, building lateral, building sewer, or any industrial waste pretreatment or disposal system, the City shall collect from the applicant a construction permit fee. The formula for the development of this fee shall be established by resolution of the City Council and shall be based on the estimated construction cost of the project.

(Ord. 99-791 Exh. A (part); prior code § 6-6.701)

A. The City Engineer may issue a permit to make a sewer connection to the main line sewer in any area annexed to the City having frontage parallel to such main line sewer that was constructed by Montclair Assessment District No. 2 or constructed by the City after the formation of Montclair Assessment District No. 2. A map of Montclair Assessment District No. 2 boundaries is attached as Exhibit A to this chapter.

B. The City Engineer may issue a permit to make a sewer connection to the main line sewer in any unincorporated area having frontage parallel to a City main line sewer when the property owner desiring such sewer connection has an executed and approved irrevocable annexation agreement with the City.

C. Payment of the sewer connection fee shall be made at the time of application for a building permit to construct a building sewer. The fee for a sewer connection permit as described in this section shall be calculated as follows:

1. Main line connection fee in annexed areas:

a. Two Hundred Fifty (250) Dollars in an R-1 zone,

b. Two Hundred Ninety (290) Dollars in an R-2 zone,

c. Three Hundred Thirty (330) Dollars in an R-3 zone,

d. Three Hundred Seventy (370) Dollars in an AP, C or M zone per acre of the lot or parcel sought to be connected; and

2. Main Line Construction Fee. In addition to the main line connection fee, the applicant shall pay a proportionate share of the entire cost of the construction of the main line sewer. Such cost shall be calculated as follows:

The total property frontage paralleling the construction of the main line sewer will be divided into the total cost of the main line constructed to establish a per-foot cost. The per-foot cost will then be multiplied by the property frontage to establish the fee.

If the shape of the lot or parcel is other than the usual rectangular shape or is unusual in area, and strict adherence to the formula would require the payment of an amount not commensurate with the benefits to be received, the amount to be charged may be modified as determined by the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 6-6.702)

Persons desiring plan checking as required by the provisions of this chapter shall pay to the City an advance plan-checking fee that will be determined by the City Engineer at the time that plans are submitted for review. Plan-checking fees will be determined by the actual total cost incurred by the City Engineer's office to review and/or approve such plans. The advance plan-checking fees shall be applied to the actual total plan-checking cost to determine if additional fees will be required. If the advance plan-checking fees are in excess of the actual cost, the remaining advance plan-checking fees shall be refunded to the payer.

(Ord. 99-791 Exh. A (part); prior code § 6-6.703)

Residential regional capital outlay fees are as set forth in Section 9.20.430.

(Ord. 99-791 Exh. A (part); prior code § 6-6.704)

Commercial regional capital outlay fees are as set forth in Section 9.20.440.

(Ord. 99-791 Exh. A (part); prior code § 6-6.705)

Industrial regional capital outlay fees are as set forth in Section 9.20.450.

(Ord. 99-791 Exh. A (part); prior code § 6-6.706)

Sewer-maintenance fees are determined as set forth in Section 9.20.360.

(Ord. 99-791 Exh. A (part); prior code § 6-6.707)

In the event a lot or parcel specifically described in a sewer connection application receives additional benefit from any public sewer, nothing contained in this chapter shall relieve the property owner from future payment of connection fees as provided in this article; nor shall the property owner be relieved from the levy of a special assessment statute of the State for such additional benefit.

(Ord. 99-791 Exh. A (part); prior code § 6-6.708)

A permanent and accurate accounting of all fees received pursuant to the provisions of this chapter shall be kept. Such accounting shall include the names and addresses of the persons on whose accounts the same were paid, the date and amount thereof, and the number of permits granted, if any.

(Ord. 99-791 Exh. A (part); prior code § 6-6.709)

In the event any person shall have paid a plan-checking fee, sewer-connection fee, or a fee for the processing of reimbursement documents and no such work has been completed, such person, upon presentation to the City Engineer of a request therefor in writing, shall be entitled to a refund in an amount equal to the fee actually paid, minus any costs incurred by the City relative to such application. The Director of Public Works shall determine the validity of such request and the amount of such refund. Such refund shall be paid as provided by law for the payment of claims against the City.

(Ord. 99-791 Exh. A (part); prior code § 6-6.710)

Fee adjustments are determined as set forth in Section 9.20.470.

(Ord. 99-791 Exh. A (part); prior code § 6-6.711)