[Adopted 1-28-1930[1] (Ch. 93 of the 1977 Code)]
[1]
Editor's Note: These regulations were established
by an ordinance of the Board of Public Works of the Borough of South
River on 1-28-1930, and were amended from time to time by the Board
of Public Works. However, the Board of Public Works was abolished
on 3-7-1973, by Ord. No. 1973-5. Currently there is a Utilities Department
in the Borough under the direction of the Utilities Committee of the
Borough Council, and amendments to the regulations are now adopted
by the Mayor and Council.
The following rates shall be charged to and
paid by each and every person, firm or corporation for current furnished
and supplied by the Borough for electric lighting and power purposes
for private use and that such current supplied and used shall be under
and subject to the following firm and regulations, which shall apply
to and be binding upon each and every consumer of current.
All applications for connection with the electric
lighting system shall be made to the Utility Engineer, who is hereby
empowered to grant the same.
[Last amended 9-10-2012 by Ord. No. 2012-25]
A.
Electric energy rates, hereinafter referred to as "base rates," shall be as provided in Chapter 155, Fees.
B.
Annual power cost adjustment (APCA).
(1)
The annual power cost adjustment is an amount per kilowatt-hour (kwh)
to be added to or subtracted from each customer's base rates
each month so that annual increases or decreases in the power cost
can be recovered. The purpose of the APCA is to reconcile actual costs
incurred and collections from customers over time.
(2)
For any twelve-month period ending October 31 of each year, the APCA
factor shall equal the total power cost divided by the total kwh sales
for such period, adjusted for the actual power cost recovered through
base rates.
(3)
The APCA is calculated as the power cost recovered in base rates
for the twelve months ending October 31 of each year, less the actual
power cost for the twelve months ending October 31 of each year. This
difference is divided by kwh sales expected in the subsequent calendar
year and applied as a credit or debit per kwh in monthly bills rendered
during the subsequent calendar year.
(4)
The formula for the APCA for each twelve-month period ending October
31 is as follows: (Power Costs/Sales in kwh) minus (Power Cost recovered
in Base Rates).
(5)
"Power Cost" means all costs incurred for the purchase of energy,
capacity, transmission, losses, congestion, and ancillary services,
including PJM Interconnection, LLC fees, Public Power Association
of New Jersey fees, and American PowerNet fees.
(6)
The power cost recovered in base rates is $0.10/kwh.
(7)
During November of each year the Business Administrator shall prepare
a report for the Council presenting the APCA calculation and recommending
an APCA factor to be applied with bills rendered in the subsequent
calendar year. By the first Council meeting in December of each year,
the Council shall decide the APCA factor. Any APCA factor adopted
by the Council shall be incorporated with electric bills rendered
for the subsequent calendar year January 1 through December 31. Each
APCA factor is valid for one calendar-year period only. If the Council
does not enact an APCA factor within these timelines, the prior year's
APCA factor reverts to zero and the unadjusted base rates shall be
collected with bills rendered for the subsequent calendar year January
1 through December 31.
(8)
The cost per kilowatt-hour for all calculations shall be carried
out to the nearest one thousandth of a mill. The minimum bill in base
rates shall not be reduced by reason of this APCA, but the adjustment,
when positive, will be billed to all kilowatt-hours delivered.
Applications for private lighting in buildings
situated on streets or avenues located 1/3 of a mile distant from
the nearest commercial lighting circuit in use must be signed by at
least four property owners residing on such streets and who shall
agree to become regular consumers of the current supplied on such
street or avenue.
The Borough reserves the right to make all service
connections. No service will be connected until the installation has
been inspected and approved by an authorized inspector of the National
Board of Fire Underwriters. Under no circumstances will current be
supplied to an unfinished installation.
[Amended 2-23-2004 by Ord. No. 2004-11]
[Amended 2-9-1967; 5-28-1980 by Ord. No. 1980-25; 3-6-1991 by Ord. No. 1991-5; 8-14-1996 by Ord. No. 1996-21]
A.
All electric bills of consumers shall be payable at the office of the Utilities Department by the due date. In the event that any such bill is not paid on or before 40 days from the date of the first past-due balance, then the service to the premises owned or occupied by the person or persons in arrears shall be shut off. Such service shall not be turned on until all arrearages have been paid, together with the fees to cover the cost of turning on this service as provided in Chapter 155, Fees. This shall be in addition to and not in limitation of any other statute or ordinance.
[Amended 12-1-1999 by Ord. No. 1999-36; 11-25-2013 by Ord. No. 2013-25]
B.
In the case of electric service being required for
building purposes, the applicant therefor shall pay a service fee
equivalent to the current residential quarterly minimum rate charged
in advance. The balance due for such service shall be paid in full
as outlined above, immediately upon completion of said building.
C.
In the event that an electric consumer is unable to pay any electrical charges as billed by the Borough of South River, said consumer may request to be placed on an installment payment plan to allow any arrearages and charges to be brought current. Said installment agreement shall be liberally granted by the Business Administrator; however, all future charges at the time said agreement is entered are due and payable upon receipt. In addition, upon the entering of any installment agreement, said electrical consumer shall pay an administrative fee in the amount provided in Chapter 155, Fees, to cover the cost of preparing any agreement by the Business Administrator. Said administrative charge shall be in addition to any other charges which may accrue according to Borough Code. Failure to comply with the payment plan will result in immediate discontinuance of service.
[Amended 11-25-2013 by Ord. No. 2013-25]
[Amended 8-19-2019 by Ord. No. 2019-14]
A.
No building
or other structure shall be connected with the Borough lighting system
nor shall any current be used or taken in any building or other structure
without a permit being obtained from the Superintendent.
B.
In the
event a connection permit requires a determination that a property
may need an increase in electrical capacity, an escrow deposit of
$2,500 shall be paid to the South River Electric Utility. The escrow
shall be utilized for the professional services of the Utility Engineer
in conducting a review and analysis of the potential increase in capacity
for the development. The escrow shall be deposited by the Chief Financial
Officer of the Borough, or his/her designee, in an account for such
purposes under the sole control of the Borough. Said escrow may be
commingled with similar escrows from other applicants, but accurate
accounts and records shall be kept so as to identify particular escrows
and charges made against the same. At the conclusion of the Utility
Engineer’s report and analysis, the applicant shall be entitled
to the return of the balance of the escrow.
Every permit granted shall be upon the express
condition that the Borough shall not be liable for any loss or damage
suffered or sustained by anyone in his person or to property caused
by the installation of electric lighting or for any other cause or
in any manner from the Borough lighting system; nor shall any liability
attach to the Borough because of its failure to furnish current from
any cause at any time to the consumers of such current.
All wires and insulators used on the building
of any consumer of electric current from the Borough lighting system
shall belong to the Borough, and the Utility Engineer shall have full
power and authority to change or alter the same if it is deemed necessary
or desirable, but the Borough shall not be responsible for such defective
wire or insulator.
A.
All meters must be located in the cellar as near as
possible to the point of entrance of the service in a clean, dry,
safe place free from vibration, not more than six feet nor less than
three feet from the floor where they will be easily accessible for
reading and testing. In case where buildings have no cellar or have
very damp cellars that are not accessible, the meter should be installed
on the first floor. Under no circumstances are meters to be erected
on flimsy partitions or supports.
B.
Meter boards 17 inches by 12 inches by one inch furnished
by the contractor shall be securely fastened to some substantial support
entirely free from shock or vibration and shall be covered with an
additional coat of weatherproof paint. A liberal loop of not less
than 18 inches must be left on each leg of the circuit.
The service wire from the main switch and cutout
is to extend at least two feet outside of the wall of the building.
The service wires from the switch to the outside of the wall of the
building must be run in an approved iron conduit or flexible armored
cable, and all necessary arrangements for meters shall be provided
as heretofore stated.
Service wires are to be brought to the outside
of the building at a location most convenient to the lines of the
Borough. Lines will not be carried over housetops to reach outlets.
All wiring and apparatus must be installed in
accordance with and conform to the rules and requirements of the National
Board of Fire Underwriters in force at the time of beginning work.
[Added 10-23-1958]
The minimum of one-hundred-ampere three-wire
service to each house shall be required.
[Added 1-9-1964]
A.
A deposit shall be required for customers who are tenants when the application is filed with the Utilities Department for electrical service as provided in Chapter 155, Fees.
[Amended 9-18-1992; 10-19-1994 by Ord. No. 1994-35; 12-1-1999 by Ord. No.
1999-36; 2-23-2004 by Ord. No. 2004-11; 7-19-2004 by Ord. No.
2004-33; 4-3-2006 by Ord. No. 2006-6; 3-28-2011 by Ord. No.
2011-14]
B.
Interest on said deposit shall be paid to the applicant
or customer upon the termination of said electrical account at 1/2
the current rate of interest the Board so receives from such trust
account at simple interest from the time of deposit.
[Added 6-25-1964]
The Utility Engineer shall be and he is hereby
authorized and directed to notify such delinquent depositors that
upon failure to make the required deposit within seven days from the
date of the second notification, the electrical service to such account(s)
will be discontinued forthwith.
[Added 12-1-1999 by Ord. No. 1999-36; amended 2-23-2004 by Ord. No. 2004-11; 4-3-2006 by Ord. No. 2006-6]
Each and every individual, business or corporation who files an application with the Utilities Department to open an account for electrical service shall be charged an application fee as provided in Chapter 155, Fees, such fee to help offset the administrative costs of creating an account and clerical duties with respect thereto.
[Added 2-23-2004 by Ord. No. 2004-11; amended 4-3-2006 by Ord. No. 2006-6]
Each and every individual, business or corporation who closes an existing account with the Utilities Department for electrical service shall be charged a final reading fee as provided in Chapter 155, Fees, such fee to help offset the administrative costs of closing an account and clerical duties with respect thereto.
[Added 1-23-1964]
The Utilities Department will utilize overhead
construction for all distribution lines. When underground distribution
lines are requested by the customer, and approved by the Board, installation
and maintenance shall be at the customer's expense. The responsibility
of said Board shall terminate at the point of connection to secondary
mains.
[Added 1-23-1964]
A.
The Board will make extensions to serve individual
permanent residential customers without charge when the cost of making
such extension is less than three times the annual revenue to be received
from the extension.
B.
When the cost of the extension exceeds the amount
which the Board will install without charge to the customer as noted
above, the excess cost shall be deposited and remain with the Board,
without interest, until such time as the actual revenue from the extension
in a calendar year exceeds the estimated revenue, when refund of deposit
shall be governed by the following:
(1)
Three dollars of the deposit shall be refunded for
each $1 of revenue by which the actual revenue exceeds the estimated
revenue per calendar year.
(2)
Additional refunds shall be made in succeeding years
at the same rate, $3 for each $1 of revenue by which the actual revenue
is in excess of the amount of annual revenue upon which the preceding
refund was based.
C.
In no event shall more than the original deposit be
returned to the depositor nor shall any part of the deposit remaining
after 10 years from the date of the original deposit is made be returned.
[Added 1-23-1964]
A.
Where application for extensions into newly developed
tracts of land are made by individuals, partnerships or corporations
interested in development or sale of land, but not as ultimate residents,
the Board will require a deposit from the applicant covering the entire
cost of the extension required to serve the tract.
[Amended 3-12-1964]
B.
Extension deposits shall not carry any interest.
C.
Extension deposits are to be returned to the depositor
as hereby provided when new houses abutting on the extended facilities
are completed, the prospective permanent customer's equipment such
as wiring, piping, etc., is installed and the home is occupied by
a bona fide owner, or responsible tenant, who has entered into a contract
for use of the Board's services.
D.
Upon such completion and occupation, there shall be
returned to the depositor an amount equal to the estimated charge
for three years' service, but not in excess of the amount deposited.
No part of the deposit remaining after 10 years from the date of the
original deposit shall be returned.
[Added 1-23-1964]
A.
The Utilities Department will require from the customer
the amount to be equal to the total cost of the extending of the lines
and furnishing and installing equipment necessary to provide service.
[Amended 3-12-1964]
B.
The deposit shall be refunded without interest as
follows:
(1)
An amount equal to 10% of the total charge shall be
paid by the customer for power for the first year of service. Refund
shall be made at the end of said service year.
(2)
Refunds will be made by the same method at the end
of each subsequent service year until the total refunds are equal
to but do not exceed the original deposit.
(3)
The customer will not be entitled to any refund if
service is discontinued before the end of the first service year.
(4)
Any part of the deposit remaining with the Utilities
Department after 10 years from the beginning of service shall not
be refunded.
C.
Where it is necessary to provide additional facilities
to serve increased requirements of an existing customer, the Board
may require the customer to deposit an amount equal to the cost of
such additional facilities. This amount shall be subject to refund
as in the preceding subsections, except that refunds shall be calculated
at 10% of the excess revenue for the previous service years.
D.
The making of a deposit under any of the above cases
shall not give the customer any interest in facilities, the ownership
being retained exclusively by the Utilities Department.
[Added 1-23-1964]
Extension of line costs shall include all materials,
supplies and labor involved in both primary and secondary circuits.
Transformer costs shall be included. Service drops to 100 feet in
length are not to be included.
[Amended 8-14-1996 by Ord. No. 1996-21]
If the Business Administrator of the Borough
of South River shall have reason to believe that there is actual or
probable evasion of or disregard to the provisions of this chapter,
or any other rules or regulations relating to the electric lighting
system in any building, lot, ground or premises, it shall and may
be lawful for said Business Administrator or any person authorized
by him or them to enter at all reasonable times into such building,
lot or premises for the purpose of examining meters and/or wiring
and to ascertain whether the same are in proper order or repair, or
of cutting off of meters or wiring where delinquencies occur in the
payment of the electric light charges as aforesaid or, where the meter
is out of repair and the owners refuse to have the same repaired,
to cut off the connections with the electric lighting system. Said
Business Administrator or any person authorized by him shall have
the right to enter said premises or building at all reasonable hours
for the purpose of reading said meters, for the purpose of determining
the amount of current use or to determine if said service lines and/or
meters are creating a dangerous or unsafe situation; and any person
who shall obstruct or oppose the aforesaid persons making such examination,
reading or inspection or shall reconnect with the lighting system,
after the same has been cut off, shall forfeit and pay the fine of
not exceeding $1,000, plus costs, at the discretion of the Municipal
Court.
[Amended 8-14-1996 by Ord. No. 1996-21]
Any violation of any provision of this chapter
by a consumer from the Borough lighting system shall subject the offender
to disconnection of his system at the discretion of the Business Administrator;
and the premises of such offender, if disconnected, shall not be again
connected until such fees, as set forth above for reconnection, shall
have been paid to the Borough of South River.
[Amended 8-14-1996 by Ord. No. 1996-21]
