Borough of Paulsboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions

§ 78-1 Establishment of Water and Sewer Department.

§ 78-2 Jurisdiction.

§ 78-3 Appointments.

§ 78-3.1 Reduction of rates for senior citizens and disabled residents.

§ 78-4 Inclusion of rules as part of contract.

§ 78-5 Applications for service.

§ 78-6 Pipes and fixtures: repairs, leaks.

§ 78-7 Opening and closing curb stop; violation and penalty.

§ 78-8 Liability for damages.

§ 78-9 Special permits for uninterrupted-flow uses.

§ 78-10 Shutoff of multiple-connection services.

§ 78-11 Liability of owners for unpaid water rents.

§ 78-12 Supplying water to other parties.

§ 78-13 Interruptions in supply.

§ 78-14 Inspections; right of entry.

§ 78-15 Written permission for special uses.

§ 78-16 Water meters: installation, repairs, tests.

§ 78-17 Payment for service installation prior to turning on.

§ 78-18 Payment of bills.

§ 78-19 Initial advance payment; meter connections; unused lines.

§ 78-20 Separate services.

§ 78-21 Water rates; turn-on and turn-off procedures.

§ 78-22 Curb service installations.

§ 78-23 Service pipe.

§ 78-24 Charges for curb service.

§ 78-25 Meter malfunction: average consumption charged.

§ 78-26 Charges far all metered water.

§ 78-27 MultipIe-supply cross connections.

§ 78-28 Emergencies; violation and penalty.

§ 78-29 Water system extensions.

§ 78-30 Violations and penalties.

§ 78-31 Severability.

§ 78-32 Inconsistent ordinances repealed.

§ 78-33 Effective date.

Article II Water Connections

§ 78-34 Water connection by owners required.

§ 78-35 Industrial, commercial or recreational structures.

§ 78-36 Failure to connect.

§ 78-37 Supervision of work.

§ 78-38 Manners and materials of connection.

§ 78-39 Owner liable for cost.

§ 78-40 Notice to owners; failure to comply.

§ 78-41 Cost of work done by Borough.

§ 78-42 Interest and penalties; lien; collection.

§ 78-43 Provision for payment in installments.

§ 78-44 Awarding of contracts.

§ 78-45 Maintenance of required connections.

§ 78-46 When effective.

§ 78-47 Violations and penalties.

[Adopted 12-20-1955 by Ord. No. 365]

§ 78-1 Establishment of Water and Sewer Department.

[Amended 3-1-2005 by Ord. No. 06.05]
There shall be established in and for the Borough of Paulsboro a water and sewer department, to be known as the "Paulsboro Water and Sewer Department." Any reference in this code to the "Water Department" or to the "Sewer Department" shall be deemed a reference to the "Paulsboro Water and Sewer Department."

§ 78-2 Jurisdiction.

Water for the usual domestic and manufacturing purposes shall be supplied by the Borough of Paulsboro to the inhabitants thereof under the supervision of said Department, subject to the ultimate control of this Council.

§ 78-3 Appointments.

Upon the effective date of this ordinance there shall be appointed, by resolution of this Council, a Superintendent of said Water Department. Such other employees as may be required shall be hired by the Water Department from time to time as needed.

§ 78-3.1 Reduction of rates for senior citizens and disabled residents.

[Added 2-4-1997 by Ord. No. 0.1.97; amended 9-3-2002 by Ord. No. 15.02]
A. 
Pursuant to the provisions of N.J.S.A. 54:4-8.41, any person residing in the Borough of Paulsboro who is aged 65 and over or who is less than 65 years of age and who is permanently and totally disabled, said persons having an annual income not in excess of the limitations provided in N.J.S.A. 54:4-8.41, shall be entitled to a reduction of water rates in an amount equal to that which would be charged for the first quarter of each calendar year.
B. 
Said reduction shall be limited to owner-occupied residences and applied to said person's primary residence. The eligibility for a given year shall be granted to property owners deemed to be eligible as provided in the tax duplicate for the current year unless removed by the Water and Sewer Clerk prior to the current year's water billing due to the death of the eligible property owner. Said reduction shall be applied entirely to the first quarter's billing. There shall not be any prorating of the discount in the event that the property is sold.

§ 78-4 Inclusion of rules as part of contract.

The following regulations shall be considered a part of the contract with every person who uses water, and the fact of using water shall be considered as expressing assent on the part of the user to be bound thereby.

§ 78-5 Applications for service.

All applications for the use of water must be made at the office of the Borough Clerk in the form prescribed and state fully and truly the various uses to which the water is to be applied, and should it subsequently be required for other purposes, notice must be given before the desired change is made.

§ 78-6 Pipes and fixtures: repairs, leaks.

All persons using water shall, at their own expense, keep their water pipes and fixtures within their premises, together with the service pipe to the curb, in good repair and protect the same from frost. If the owner of any premises shall neglect or refuse to repair a leak within three days, exclusive of Sunday and legal holidays, after the receipt of written notice from the Superintendent of the Water Department directing such repairs, the water supply for such premises shall be shut off at the main or at the curb, and service shall not be resumed for such premises until after all repairs ordered have been made.

§ 78-7 Opening and closing curb stop; violation and penalty.

[Amended 12-17-1974 by Ord. No. 571[1] ]
The stop cock at the curb shall be opened and closed only by the Superintendent of the Water Department or his agent, or by any other person having written permission from the Superintendent to do so. Any unauthorized person who shall open or close the stop cock at the curb, except in an emergency subsequently approved by the Superintendent of the Water Department, shall be subject to a fine not exceeding $100.
[1]
Editor's Note: This ordinance provided that it shall take effect 1-1-1975 following adoption and publication of the ordinance according to law.

§ 78-8 Liability for damages.

The Borough shall not be liable for any damages resulting from a failure to observe any regulation in this ordinance.

§ 78-9 Special permits for uninterrupted-flow uses.

[Amended 12-17-1974 by Ord. No. 571; 4-2-1985 by Ord. No. 0.1.85[1] ]
In no case shall the water be left running without a special permit from the Superintendent of the Water Department; and in the case of a violation of this section, the water supply for the premises upon which such violation occurs shall be shut off at the curb, and such service shall not be resumed until a fee of $20 is paid to the Borough Clerk for turning on the water.
[1]
Editor's Note: This ordinance also provided that it shall take effect for the second quarter, billing due June 1, 1985.

§ 78-10 Shutoff of multiple-connection services.

When two or more parties take water through one service pipe, the provision in regard to the cutting off of the supply pipe shall be applicable to all the parties, although one or more of them may be innocent of any cause of offense.

§ 78-11 Liability of owners for unpaid water rents.

Owners of premises will be held responsible for the cost of water consumed by the tenants, and unpaid water rents become a lien on the property.

§ 78-12 Supplying water to other parties.

No water taker shall supply water to parties not entitled to its use, except upon permission from the Superintendent, given in writing.

§ 78-13 Interruptions in supply.

Consumers shall not be entitled to damage, nor will any part of a payment be refunded, for any stoppage of supply occasioned by an accident to any portion of the works, nor for stoppage for the purpose of additions or repairs. The Superintendent shall have the right to shut off the water to make extensions, alterations or repairs.

§ 78-14 Inspections; right of entry.

All pipes and fixtures shall be subject to inspection and rejection by the Superintendent if considered unsuitable for the purpose. The Department shall have access at all reasonable hours to the premises connected to the water distribution system for the purpose of inspecting and maintaining water meters and associated equipment. The hours between 8:00 a.m. and 6:00 p.m. shall be considered reasonable hours for this purpose.

§ 78-15 Written permission for special uses.

No one will be allowed to use water through fire hydrants or pipes for any other purpose except upon written permission from the Superintendent.

§ 78-16 Water meters: installation, repairs, tests.

[Amended 12-17-1974 by Ord. No. 571; 2-4-1992 by Ord. No. 0.2.92]
All services shall, at the direction of the Superintendent, subject to the ultimate control of the Borough Council, be through a water meter of a standard approved by said Council. For services not so equipped at the time of final passage of this ordinance, the Superintendent shall, subject to the ultimate control of said Council, order such installations on such services as he may deem advisable. Meters of the size of 5/8 inch shall be furnished and installed; meters larger than 5/8 inch shall be furnished by the property owner. The Water Department will inspect and test all meters owned by the Water Department when requested to do so by the property owner, and a charge of $7 will be made for the same if such inspection and test prove the accuracy of the meter. Charges for other than normal repairs will be made to the property owner. Meters of the size in excess of two inches shall be subject to an annual inspection, calibration and certification with the results forwarded to the Borough of Paulsboro. These tests shall be at the expense of the property owner. The certifying agency shall be subject to the approval of the Borough Water Superintendent.

§ 78-17 Payment for service installation prior to turning on.

In case of any new service, the bills for work done or material furnished by the Water Department must be paid before the water is turned on.

§ 78-18 Payment of bills.

[Amended 11-9-1971 by Ord. No. 532; 3-20-1973 by Ord. No. 554; 12-17-1974 by Ord. No. 571; 2-18-1986 by Ord. No. 0.2.86]
All of the above charges shall be payable quarterly. All bills for water service shall be payable when rendered at the office of the Borough Collector. If such bills are not paid on or before March 1 for the first quarter, June 1 for the second quarter, September 1 for the third quarter and December 1 for the fourth quarter, water services shall be shut off and not turned on except upon payment of arrears, with interest of 1 1/2% per month on the unpaid balance until such balance is paid in full, and a fee of $20 for turning on the water. All unpaid water bills shall be rendered to the property owner. All unpaid water bills and other water charges shall become liens on the property benefiting from water services as provided by the New Jersey Revised Statutes.

§ 78-19 Initial advance payment; meter connections; unused lines.

[Amended 12-17-1974 by Ord. No. 571]
A. 
Before water shall be turned on for building purposes, an advance payment of $35 shall be made for a one-family frame house. In cases of larger buildings or apartments, the charge shall be determined by the Superintendent.
B. 
Water services inside a building shall have a break of sufficient size to take care of the proper meter, six inches above the finished floor and six inches from the wall on the house side of the main shutoff, so that a meter may be installed. There shall be no outlets on the street side of the meter.
C. 
When new service is run to a building or property and unused lines are connected to this property, all these unused lines must be shut off at the curb.

§ 78-20 Separate services.

A. 
Hereafter, a single service shall not be permitted to serve more than one physical unit; however, a physical unit may contain apartments, stores, offices or other facilities for more than one occupant or family. One physical unit is defined as a property not divisible for sale or ownership by more than one owner or group of owners.
B. 
However, any of the following situations shall be considered to be part of one physical unit: a professional office for a physician, lawyer, dentist, architect, professional engineer, mortician or other such profession, or studio and/or rooms for home occupations, provided that such office, studio or rooms for home occupation shall be located in a dwelling in which the practitioner resides.

§ 78-21 Water rates; turn-on and turn-off procedures.

[Amended 12-19-1967 by Ord. No. 483; 12-19-1972 by Ord. No. 549; 12-17-1974 by Ord. No. 571; 8-19-1975 by Ord. No. 581; 12-22-1975 by Ord. No. 588; 12-28-1976 by Ord. No. 600; 3-1-2005 by Ord. No. 06.05]
A. 
The rates for water service shall be as follows:
[Amended 1-29-1980 by Ord. No. 0.3.80; 4-3-1984 by Ord. No. 0.6.84; 4-2-1985 by Ord. No. 0.1.85; 2-2-1993 by Ord. No. 0.1.93; 2-15-1994 by Ord. No. 0.1.94; 2-20-1996 by Ord. No. 0.3.96]
(1) 
The minimum rate shall be $286 per year per unit, which minimum shall entitle the user to 60,000 gallons per basic service unit, as defined herein, and amplified by the schedule contained herein. In those cases where the units are described by a faction, the user will be entitled to the appropriate factional amount of 60,000 gallons.
[Amended 3-7-2006 by Ord. No. 04.06; 3-17-2009 by Ord. No. 01.09; 2-16-2010 by Ord. No. 02.10; 2-14-2011 by Ord. No. 04.11[1]; 3-19-2012 by Ord. No. 03.12[2]]
[1]
Editor's Note: This ordinance also provided an effective date retroactive to January 1, 2011.
[2]
Editor's Note: This ordinance also provided an effective date retroactive to January 1, 2012.
(2) 
All amounts over the gallonage allowed in the minimum rates will be charged at $3.25 per 1,000 gallons.
[Amended 2-16-2016 by Ord. No. 01.16]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 4-3-1984 by Ord. No. 0.6.84]
BASIC SERVICE UNIT (B.S.U.)
For water rental purposes, a room, group of rooms, house trailer or similar structure or facility occupied or designed for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone is classified as a "basic service unit," where such structures and facilities are in addition to the initial water connection. The basic service unit charge will equal the gallons and charge per gallon of the flat rate charge.
C. 
For the purpose of establishment of the appropriate water rents, the following schedule of the type of charge is hereby promulgated and shall be binding where applicable:
Type of Structure
Type of Charge
Single-family residential
1 flat rate charge
Multifamily residential, per family unit
1 flat rate charge
Rented rooms, each living unit available for rent, minimum flat rate charge
1 flat rate charge for the first living unit, and for each additional living unit available there shall be a charge of 1/10 B.S.U.
Single-family, with place of business with drain facilities
1 flat rate charge plus 1/2 B.S.U.
Apartment house, minimum 1 flat rate charge
1 flat rate charge for the first rental unit, and for each additional rental unit there shall be a charge of 1/2 B.S.U.
Motel
1 flat rate charge for the first rental unit, and for each additional rental unit there shall be a charge of 3/10 B.S.U.
Church, club, society and service organization building, if such organization does not have a CB liquor license
1 flat rate charge
Church, club, society and service organization building, with a CB liquor license
1 flat rate charge plus 1/2 B.S.U.
Public building other than schools
1 flat rate charge
Service stations, without car washing facilities or repair facilities
1 flat rate charge
Commercial garages
1 flat rate charge
Service stations, with car washing facilities or repair facilities
1 flat rate charge plus 1/2 B.S.U.
Diners, restaurants, luncheonettes and taverns units to be determined by seating capacity as follows:
1 to 20 seating capacity
1 flat rate charge
21 to 75 seating capacity
1 flat rate charge plus 1/2 B.S.U.
76 to 100 seating capacity
1 flat rate charge plus 1 B.S.U.
Excess of 100 seating capacity to be treated as special case as outlined below
Theater, excluding drive-in theaters
1 flat rate charge plus 1 B.S.U.
Bowling alley
1 flat rate charge
Laundromat
1 flat rate charge plus 2 B.S.U.'s
Supermarkets, 5 employees or less
1 flat rate charge plus 1/2 B.S.U.
Supermarkets, more than 5 employees
1 flat rate charge plus 1 B.S.U.
Business establishments not otherwise classified, 5 employees or less
1 flat rate charge plus 1/2 B.S.U.
Business establishments not otherwise classified, more than 5 employees
1 flat rate charge plus 1 B.S.U.
Warehouse
[Added 2-4-1992 by Ord. No. 0.2.92]
1 flat rate charge, plus 1/2 B.S.U.
First 5,000 square feet of gross floor area or any portion thereof
Each additional 5,000 square feet
Additional 1 B.S.U.
Industrial or manufacturing plant (without industrial waste)
[Amended 2-4-1992 by Ord. No. 0.2.92]
First 3,000 square feet of gross area or up to 5 employees, whichever is greater
1 flat rate charge, plus 1/2 B.S.U.
Each additional 3,000 square feet or any portion thereof or up to each additional 5 employees, whichever is greater
1 B.S.U.
D. 
In special cases not contemplated in the above schedule of rates or not clearly defined therein, the Borough Council is hereby authorized to establish special rates by resolution under such schedule or formula as the Council may deem advisable, and the Council may make contracts with such special users as the special circumstances may require.
E. 
All consumers who wish to discontinue service must notify the Superintendent of the Water Department in writing. The service line will then be shut off at the curb. When notified that service is again desired, the water will be turned on at the curb by the Water Department.

§ 78-22 Curb service installations.

The Superintendent of the Water Department is hereby ordered and directed to furnish and install all water service lines up to one inch between the water mains and the curbline, upon the proper application of the property owner and the receipt of payment therefor.

§ 78-23 Service pipe.

[Amended 12-17-1974 by Ord. No. 571]
Copper or approved plastic pipe shall be used for all pipes and connections on service lines ranging from 3/4 inch to two inches, inclusive, and cast iron or an approved equivalent shall be used for all service lines and fire lines from three inches to eight inches, inclusive. The term "approved" as contained herein shall mean having the written approval of the Borough Engineer and the Superintendent of the Water Department of the Borough of Paulsboro.

§ 78-24 Charges for curb service.

[Amended 12-17-1974 by Ord. No. 571; 8-19-1975 by Ord. No. 581]
A. 
There shall be a connection charge imposed for each water connection up to one inch, in the amount of $150. This connection charge includes the cost of labor and material for the installation of said line from the street to the curbline, but does not include any cost for the street openings, the charge for which shall be made in accordance with the Building Code of the Borough of Paulsboro.[1]
[1]
Editor's Note: See Ch. 18, Building Code.
B. 
All taps above one inch shall be furnished and installed by the property owner under the supervision of the Water Department Superintendent.

§ 78-25 Meter malfunction: average consumption charged.

If a meter is out of order and fails to register, the consumption will be charged at the average consumption as shown by the meter when in order.

§ 78-26 Charges far all metered water.

All water which passes through a meter will be charged for, whether used or wasted.

§ 78-27 MultipIe-supply cross connections.

Where a cross connection is used between the public water supply and an unapproved water supply, a backflow protective device with double check valve must be installed to prevent unapproved water from mixing with the public water supply.

§ 78-28 Emergencies; violation and penalty.

In case of emergency when, by reason of drought or otherwise, the available supply of water becomes dangerously low, the Borough Council may, by resolution, adopt such temporary restrictions upon the use of water as are necessary to conserve the available supply. For any violation of the terms of such resolution, a fine not exceeding $100 may be imposed, and for repeated violations, the supply of water of the consumer may be shut off until such emergency ceases to exist.

§ 78-29 Water system extensions.

A. 
All extensions of the present water system, which shall include the laying, construction or placing of mains or other connections, shall be done in accordance with the Revised Statutes of New Jersey, Section 40:56-1 to end. However, in the event that any individual, firm or corporation may hereafter desire to lay and construct any extension of said water system, the Borough Council of the Borough of Paulsboro may give its consent thereto by the adoption of an ordinance for said purpose, which extension shall be done by the aforesaid Department at the cost and expense of the person, firm or corporation desiring the same; said Borough by its ordinance or otherwise may provide that any persons hereafter desiring to connect into a water main laid at the expense of another individual, firm or corporation shall pay to said person, firm or corporation such an amount which the Borough Council may deem a proportionate share of the cost of such construction, to be based on the frontage of the property thereafter seeking to use said water extension. Said Borough Council may also use other factors in determining the amount to be paid by such latter application for the use of said water main.
B. 
All mains so laid at the cost and expense of any person, firm or corporation within the Borough of Paulsboro shall be the property of the Borough of Paulsboro and shall thereafter be the responsibility of said Borough for care, maintenance and repair.

§ 78-30 Violations and penalties.

Any person violating the provisions of this ordinance, except § 78-7 thereof, shall upon conviction thereof, pay a penalty of not exceeding $100, at the discretion of the Municipal Magistrate before whom such conviction may be obtained.

§ 78-31 Severability.

The provisions of this ordinance shall be severable, and if any of the provisions hereof shall be held invalid by a court of competent jurisdiction, the decision of such court respecting such provision or provisions shall not affect the validity of any other provision which can be given effect without such invalid provision or provisions.

§ 78-32 Inconsistent ordinances repealed.

All ordinances or parts of ordinances not consistent with the provisions of this ordinance are hereby repealed.

§ 78-33 Effective date.

This ordinance shall take effect on January 1, 1956, following its adoption and publication according to law.
[Adopted 5-3-2011 by Ord. No. 07.11]

§ 78-34 Water connection by owners required.

Whenever a public water main shall have been installed in any street located within the territorial limits of the Borough of Paulsboro, the owner of every house, dwelling, building or structure which is or may be occupied or used by human beings on any lot, tract or parcel of land fronting, abutting or touching any street and existing water main and which lot, tract or parcel of land is within 200 feet of said existing and abutting water main shall cause the water facilities of such house, dwelling, building or structure to be connected and hooked up to the water main in such street. Nothing herein shall be construed so as to require a property owner to obtain an easement over property owned by another in order to connect to a water main. The Borough Council may grant a waiver to the connection requirement where exceptional hardships exist.

§ 78-35 Industrial, commercial or recreational structures.

Connection to the water system, as provided in § 78-34, shall also be made where any house, dwelling, building or structure may be used for industrial, commercial or recreational purposes, and the use of such premises for purposes other than dwelling inhabitation shall not alleviate the requirements of connecting to the water system.

§ 78-36 Failure to connect.

Should any owner fail to connect his or her house, dwelling, building or structure to the water main as required under § 78-34 within six months from the effective date as provided under § 78-46, the Borough may perform such connection and charge the cost thereof to the owner and collect the cost, with interest, as provided for by the other sections of this ordinance.

§ 78-37 Supervision of work.

All of the above-mentioned work shall be done under the supervision of the plumbing subcode office of the Borough of Paulsboro under the direction of such other officer as the governing body may front time to time by rules prescribe.

§ 78-38 Manners and materials of connection.

Such work and connection shall be made in such manner and of such materials as the governing body may front time to time by rules prescribe.

§ 78-39 Owner liable for cost.

All of such work shall be done at the cost and expense of the owner or owners of the house, dwelling, building or structure in front of or upon which the same is done.

§ 78-40 Notice to owners; failure to comply.

If after the passage of this ordinance the owner or owners of any properties affected hereby shall neglect, after notice, to make any such water connection, it shall be lawful for the governing body to cause such connection to be made under the direction and supervision of the proper officer or to award one or more contracts for the making of such improvements.

§ 78-41 Cost of work done by Borough.

When any water connection shall be made by the Borough of Paulsboro, a true and accurate account of the cost and expense thereof shall be kept and apportioned to the property or properties thereby connected, and cause said water connection charge to be filed with the Tax Collector of the Borough of Paulsboro, who shall record the said water connection charge in the same book in which he records other assessments.

§ 78-42 Interest and penalties; lien; collection.

Every such water connection charge shall bear interest and penalties from the same time and at the same rate as assessments for local improvements, and from the time of confirmation by the governing body shall be a first and paramount lien against the respective property or properties so connected to the same extent as assessments for local improvements and shall be collected and enforced in the same manner; and the Tax Collector is hereby charged with the same duties in regard to the collection and enforcement of charges for water connections as in the case of the collection of assessments for local improvements.

§ 78-43 Provision for payment in installments.

The governing body may provide for the payment of any water connection herein mentioned, in installments, in the same manner as assessments for local improvements are payable.

§ 78-44 Awarding of contracts.

The governing body may award contracts for the construction of said water connections in the same manner and after the same advertising as in the case of other contracts, and may, in lieu of awarding separate contracts for the making of said water connections, award a contract to the lowest responsible bidder for making all such water connections which the Borough of Paulsboro may desire made within a period of one year of less.

§ 78-45 Maintenance of required connections.

The owner or owners of any properties affected hereby wherein connections now are or hereafter may be made to the water main shall keep the same in proper repair, and upon their failure to properly repair the same after notice, said work may be done by the Borough of Paulsboro in the same way and manner and under the same regulations as are herein provided for the installation of original connections, and all other proceedings with respect thereto shall be as is herein provided for the original connection with the water main.

§ 78-46 When effective.

This ordinance shall take effect upon its proper publication according to law.

§ 78-47 Violations and penalties.

In addition to the remedies, provisions, and other matters contained in this ordinance, any owner of property who fails to connect his or her house, dwelling, building or structure with the water main, or fails to keep in proper repair connections already installed as set forth in § 78-45, after the expiration of 30 days from the time when notice is served upon him or her to connect the house, dwelling, building or structure with the water main, or to repair any part of the same as required herein, shall be subject to a fine of up to $1,000. Each thirty-day period in which such a condition exists shall be considered a separate offense.