[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1955 by Ord. No. 365]
[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."
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.
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.
[Added 2-4-1997 by Ord. No. 0.1.97; amended 9-3-2002 by Ord. No. 15.02]
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 at the set allowance of 15,000 gallons. Any water used in excess of the 15,000 gallons will be billed according to the overages set forth in § 78-21.
[Amended 3-5-2019 by Ord. No. 03.19]
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.
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.
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.
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.
[Amended 12-17-1974 by Ord. No. 571; 7-10-2018 by Ord. No. 15.18]
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 $250.
Editor's Note: This ordinance provided that it shall take effect 1-1-1975 following adoption and publication of the ordinance according to law.
The Borough shall not be liable for any damages resulting from a failure to observe any regulation in this ordinance.
[Amended 12-17-1974 by Ord. No. 571; 4-2-1985 by Ord. No. 0.1.85 ]
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.
Editor's Note: This ordinance also provided that it shall take effect for the second quarter, billing due June 1, 1985.
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.
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.
No water taker shall supply water to parties not entitled to its use, except upon permission from the Superintendent, given in writing.
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.
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.
No one will be allowed to use water through fire hydrants or pipes for any other purpose except upon written permission from the Superintendent.
[Amended 12-17-1974 by Ord. No. 571; 2-4-1992 by Ord. No. 0.2.92; 7-10-2018 by Ord. No. 15.18]
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.
In 2018, as required by the NJDEP, the Borough will install and/or replace all water meters in the Borough.
Subsequent to the initial installation, any business, non-single-family home, and/or other nonresidential property owner must contact the Borough Water Department and it will be the responsibility of the business, non-single-family home, and/or other nonresidential property owner to purchase and install a water meter consistent with Borough standards. Those meters not installed by the Borough shall be meters designated by the Borough.
For new residential water service, up to one inch diameter service, the Borough will install said water meter or provide the appropriate meter to the residential contractor. All plumbing is the responsibility of the residential property owner. Any service greater than one inch shall be the responsibility of the property owner with a meter designated by the Water Department.
All water meters remain the property of the Borough. Any tampering with Borough equipment may result in a fine not to exceed $1,000 per occurrence.
Property owners are responsible for maintaining a pathway and access to the meters.
For the proper installation, maintenance or replacement of the meter(s), the property owner shall allow access to the appropriate areas of the property. If the property owner refuses entrance to the property for the purpose of meter installation, testing, maintenance, repair or replacement of the water meter equipment may result in a fine not to exceed $150 for the first refusal; $300 for the second refusal; and a not-to-exceed $1,000 for any subsequent refusals. The penalties may include court costs or water turn off.
Landlords, as the property owner, shall receive notice of installation, maintenance, and/or replacement of meters. Penalties for failure to permit entry to the Borough Water Department or its contractor may result in penalties to both the tenant and the property owner.
The Borough's Water Department is responsible for the quarterly reading of said meter.
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 $25 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 by 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.
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.
[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; 3-7-2017 by Ord. No. 02.17; 3-5-2019 by Ord. No. 03.19]
All of the above charges shall be billed and payable quarterly. All bills for water service shall be payable at the office of the Borough Collector. The water billing shall be based on water meter reading at the end of each quarter. If such bills are not paid on or before April 15 for the first quarter, July 15 for the second quarter, October 15 for the third quarter and January 15 for the fourth quarter, water service shall be shut off and not turned on except upon the payment of arrears, with interest of 18% per year, accrued on a daily basis (18/365) on the unpaid balance until such balance is paid in full, and a fee of $50 for turning on the water. All unpaid property 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.
[Amended 12-17-1974 by Ord. No. 571]
Before water shall be turned on for building purposes, an advance payment of $50 shall be made for a one-family frame house. In cases of larger buildings or apartments, the charge shall be determined by the Superintendent.
[Amended 3-7-2017 by Ord. No. 02.17]
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.
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.
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.
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.
[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]
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; 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; 3-19-2012 by Ord. No. 03.12; 2-16-2016 by Ord. No. 01.16; 2-7-2017 by Ord. No. 01.17; 3-5-2019 by Ord. No. 03.19]
The minimum rate shall be $300 per year per unit ($75 per quarter), which minimum shall entitle the user to 60,000 gallons (15,000 gallons per quarter), per basic service unit, as defined herein, and amplified by the schedule contained herein, in those cases where the units are described by a fraction, the user will be entitled to the appropriate fractional amount of 60,000 gallons.
All amounts over the gallonage allowed in the minimum rates will be charged at $5 per 1,000 gallons up to 30,000 gallons and $7.50 per gallons in excess of 30,000 gallons per unit per quarter.
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 4-3-1984 by Ord. No. 0.6.84]
- (1) For sewer rental purposes, a room, a 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, where such structures and facilities are in addition to the initial sewer connection. The basic service unit will be allotted 15,000 gallons per quarter at a flat rate.
- (2) 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. One basic service unit will be allotted 15,000 gallons per quarter (60,000 gallons per year) and will be charged in accordance with AA 78-21A.
- Billing for sewer charges will be made on a quarterly basis. Billing shall be calculated on a "per unit" basis.
- FLAT RATE CHARGE
- Each unit shall be allotted 15,000 per quarter and shall be charged a flat rate of $75 per the 15,000 per unit per quarter ($300 per year; 60,000 gallon allotment).
[Amended 2-4-1992 by Ord. No. 0.2.92; 3-5-2019 by Ord. No. 03.19]
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.
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.
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.
[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.
[Amended 12-17-1974 by Ord. No. 571; 8-19-1975 by Ord. No. 581]
There shall be a connection charge imposed for each water connection up to one inch, in the amount of $1,500. 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.
[Amended 3-7-2017 by Ord. No. 02.17]
All taps above one inch shall be furnished and installed by the property owner under the supervision of the Water Department Superintendent.
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.
All water which passes through a meter will be charged for, whether used or wasted.
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.
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.
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.
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.
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.
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.
All ordinances or parts of ordinances not consistent with the provisions of this ordinance are hereby repealed.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This ordinance shall take effect upon its proper publication according to law.
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.