[Adopted 7-17-1972 (Ch. 81, Art. I of the 1975 Code)]
For the purpose of this chapter, the terms used
herein are defined as follows:
The Borough of Pemberton.
The applicant for water and/or sewerage service at one household
or business, whether owner or tenant, and who enters into an agreement
therefor.
The normal waterborne fluid wastes from residences, commercial
establishments, institutions and industrial establishments, limited
to the wastes from kitchens, bathrooms, water closets, lavatories
and laundries.
The liquid wastes from industrial processes as distinct from
domestic sewage.
The Borough-owned or leased piping and appurtenances in or
along public highways and streets or along privately owned rights-of-way,
used for the transmission or distribution of water to, or for the
collection of domestic sewage or industrial wastes from, its customers.
All users and connections other than residential, including,
but not in limitation, business, commercial, industry, restaurants,
taverns, theaters, camps, churches, schools, hospitals, etc.
SINGLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building on a lot, designed and occupied exclusively as a residence for two families.
THREE-FAMILYA building on a lot, designed and occupied exclusively as a residence for three families.
MULTIPLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for four or more families.
GARDEN, HIGH-RISE, TRAILER CAMPS and MULTIPLE-TYPEA multiple dwelling or group of multiple dwellings on a lot which is held and is designed to be held in single ownership and on which common yards and other common facilities and services may be provided.
BOARDINGHOUSE, LODGING HOUSE, NURSING HOME, HOTEL L MOTELA dwelling having one kitchen and used for the purpose of providing lodging, or both lodging and meals, for pay or compensation of any kind, whether computed by day, week or month, to persons occupying such dwelling other than members of a family.
[Added 3-19-1984 by Ord. No.
4-1984]:
Domestic consumer units:
|
Type of Structure
|
Domestic Consumer Units
| |
|---|---|---|
|
Single-family home
|
1
| |
|
Private dwelling with rented rooms or boardinghouse
|
1
| |
|
Each room available for rent
|
1/2
| |
|
Hotel or motel, per living unit
|
1/2
| |
|
Rental or condominium apartments
|
1
| |
|
Mobile living unit, per living unit
|
1
| |
|
Townhouse, per living unit
|
1
| |
|
Single-family home with place of business, each
having separate water fixtures
|
1 1/2
|
Equivalent domestic consumer units.
|
Type of Structure
|
Equivalent Domestic Consumer Units
| |||
|---|---|---|---|---|
|
School
| ||||
|
Per each 30 full-time pupils and faculty
|
1
| |||
|
Per each 60 part-time pupils and faculty (part-time:
being in attendance 3 hours or less)
|
1
| |||
|
Church
|
1
| |||
|
Club, society and service organization
|
1
| |||
|
Club, society and service organization with
bar and/or dining facilities
|
3
| |||
|
Service station
| ||||
|
Without repair or maintenance facilities
|
1
| |||
|
With repair or maintenance facilities
|
2
| |||
|
Commercial garage, with water fixtures
|
1
| |||
|
Takeout restaurant without seating facilities
|
2
| |||
|
Diner, tavern or restaurant
| ||||
|
1 to 50 seating capacity
|
3
| |||
|
Each additional 15 seating capacity or segment
thereof
|
1
| |||
|
Laundromat or self-service laundry, per each
washer
[Amended 9-19-1984 by Ord. No. 7-1984] |
0.60
| |||
|
Soda fountain and/or luncheonette
| ||||
|
1 to 25 seating capacity
|
1
| |||
|
Each additional 20 seats or segment thereof
|
1
| |||
|
Supermarket
| ||||
|
Per each toilet
|
1
| |||
|
Additional per each 10 employees
|
1
| |||
|
Retail and general commercial business
| ||||
|
Per first 2,500 square feet of gross floor area
|
1
| |||
|
Per each additional 5,000 square feet of gross
floor area or segment thereof
|
1
| |||
|
Office building, per each 3,000 square feet
of gross floor area or part thereof
|
1
| |||
|
Nursing home, per each 20 inhabitants and staff
|
1
| |||
|
Warehouse, per each 5,000 square feet of gross
floor area or part thereof
|
1
| |||
|
Industrial and manufacturing plant without industrial
waste, per each 3,000 square feet of gross floor area or per each
5 employees, whichever is greater
|
1
| |||
|
Residence with tavern
| ||||
|
Residence
|
1
| |||
|
Tavern
| ||||
|
1 to 16 seating capacity
|
1
| |||
|
Each additional 1 to 16 seating capacity or
segment thereof
|
1
| |||
In the event that a business or structure is
not described in the schedule, the Borough shall determine the minimum
equivalent domestic consumer units.
Multiple use of an individual structure or group
of structures shall be classified by the Borough to include all uses.
In the event that a business or structure is
described in the schedule by general classification, but the particular
nature of said business or structure would result in an inequitable
connection charge if the schedule were used, the Borough, in its discretion,
may determine that a higher or lower connection charge, as the case
may be, shall be charged.
A.
Water and sewerage service connections will be considered
upon written application signed at the Borough Office by the property
owner or his properly authorized agent. Water and sewerage service
will be considered only upon receipt of executed contract by the property
owner and tenant. Blank forms for all applications, prepared for their
respective services, will be furnished by the Borough, and all applications
must receive the approval of the Borough before connection is made
or either class of service furnished.
B.
No application for service will be accepted by the
Borough until the applicant has paid or made satisfactory arrangements
to pay all arrears and charges due by the applicant at any premises
now or heretofore occupied by him.
C.
The accepted application shall constitute a contract
between the Borough and the applicant, obliging the applicant to pay
to the Borough its rates as established from time to time and to comply
with its rules and regulations.
D.
Applications for service connections may be accepted
subject to there being existing mains in streets or rights-of-way
abutting the premises to be served.
E.
When a prospective customer has made application for
a new service or has applied for the reinstatement of an existing
service, it is assumed that the piping and fixtures on the applicant's
premises are in good condition, and the Borough will not be liable
in any event for any accident, breaks or leakage arising in any way
in connection with the supply of water or failure to supply same or
the freezing of water pipes or fixtures of the customer, nor for any
damage to the property which may result from the usage of water supplied
to the premises.
F.
A new application must be made and approved by the
Borough upon any change in ownership of the property when the owner
is the customer, or in any tenancy where the tenant is the customer,
or in the service as described in the application, and the Borough
shall have the right, upon five days' notice, to discontinue the water
supply until such new application has been made and approved. Although
property may be occupied by or leased to a tenant and the tenant may
have paid the water and sewer bills, the owner of the property is
responsible for payment of any water and sewer bills not paid by the
tenant.
G.
Industrial and commercial establishments making application
for water and/or sanitary sewerage service, in addition to making
written application for such services, shall furnish a detailed description
of the type and size of buildings, the nature of the business to be
conducted in each structure, the number and type of fixtures to be
served, and the type, volume and chemical characteristics of the waste
to be discharged. Such applicants shall also furnish the Borough four
copies of plans showing:
Water service will be renewed, upon proper application,
when the conditions under which such service was discontinued are
corrected and upon the payment of all charges provided in the schedule
of rates or in the rules of the Borough.
Where a water and/or sewer connection has been
previously installed and service is desired, a proper application
shall be signed by the owner and tenant.
A.
The sum of $45 for domestic house meters (sizes 5/8
and 3/4 inch) may be required as security from the home owner at the
time of installation or commencement of service and shall be returned
at final settlement. Bills, meanwhile, are to be paid regularly or
as rendered.
B.
Deposits for commercial and industrial meters shall
also be required, in a sum to be established by the Borough Engineer,
at the time of installation and in keeping with the appropriate replacement
value of the size and type of meter installed. The security shall
be returned at final settlement. Bills, meanwhile, are to be paid
regularly or as rendered.
C.
Deposits may be required from customers taking service
for a period of less than 30 days, in an amount equal to the estimated
gross bill for such temporary period plus the cost of making and discontinuing
such service. Deposits may be required from any other customer who
becomes habitually delinquent, provided that in no instance will deposits
be required in excess of the estimated gross bill for any single billing
period plus one month, with a minimum of $22.
Any customer having paid a deposit shall pay
bills for water and sewerage service as rendered, in accordance with
the rules of the Borough, and the deposit shall not be considered
as payment on account of a bill during the time the customer is receiving
service.
The payment of any disputed bill, within the
meaning of these rules, shall be payment of the bill, with or without
penalty, within 30 days following the period for which the bill was
rendered, or payment within 30 days following presentation of the
bill, or the payment of any contested bill, payment of which is withheld
beyond the period herein mentioned, if the dispute is terminated substantially
in favor of the customer and if payment is made by the customer within
10 days thereafter.
A.
All agreements covering water services shall continue
in force unless and until reasonable notice in writing of a desire
to terminate the contract is received. Water service to any premises
will be terminated upon the written order of the applicant without
in any way affecting the existing agreement for sewer service. Sewer
service will not generally be considered a service subject to shutoff.
Requests for discontinuance of sewer service will be considered only
in cases of demolition, fire, flooding or by order of the Board of
Health for vacation of the building serviced for health reasons. The
owner will be responsible for the payment of sewer rental charge at
the minimum charges as established by the Borough during the time
the property or structure is vacant.
B.
By Borough. Service may be discontinued for any of
the following reasons:
(1)
Misrepresentation in application.
(2)
Willful waste of water through improper or imperfect
pipes, fixtures or otherwise.
(4)
Use of water for any other property or purpose than
that described in the application.
(5)
Molesting any service pipe, meter, curb stopcock or
seals or any other appliance.
(6)
Vacancy.
(7)
Neglecting to make or renew deposits, or nonpayment
of any charge accruing under the application.
(8)
Refusal of reasonable access to the property for purposes
of inspecting or for reading, caring for or removing meters.
(9)
Making or refusing to sever any cross-connection between
a pipe or fixture carrying water furnished by the Borough and a pipe
or fixture carrying water from any other source.
(10)
Violation of any rules of the Borough.
C.
The customer shall not turn the water on or off at
any corporation stop, curb stop or meter valve; or disconnect or remove
the meter, or permit its disconnection or removal, without the written
consent of the Borough.
A.
As necessity may arise in the event of breakdown,
emergency or any other unavoidable cause, the Borough shall have the
right to cut off the water supply temporarily in order to make necessary
repairs, connections, etc., but the Borough will use all reasonable
and practical measures to notify the customer of such discontinuance
of service. In such case, the Borough shall not be liable for any
damage or inconvenience experienced by the customer nor any claim
against it at any time for interruption in service, lessening of the
supply, inadequate pressure, poor quality of water or for any causes
beyond its control. When the supply of water is to be temporarily
interrupted, notice will be given, when practicable, to all customers
affected by the temporary interruption of service, stating the probable
duration of the interruption and also the purpose of the interruption.
B.
The Borough shall have the right to reserve a sufficient
supply of water at all times in storage, to provide for fire and other
emergencies, or may restrict or regulate the quantity of water used
by the customer in case of scarcity or whenever the public welfare
may so require.
Water service will be renewed, upon proper application,
when the conditions under which such service was discontinued have
been corrected and upon the payment of all proper charges or amounts
provided in the schedule of rates or in the rules of the Borough,
due from the applicant.
It is agreed by the parties receiving public
fire service, private fire service or any other service that the Borough
does not assume any liability as insurer of property or person, and
that the Borough does not guarantee any special service, pressure,
capacity or facility other than is permitted by the ordinary and changing
operating conditions of the Borough as the same exist from day to
day. It is agreed by the parties receiving service that the Borough
shall be free and exempt from any and all claims for injury to any
persons or property by reason of fire, water, failure to supply water
pressure or capacity.
A.
Place of payment. Bills are payable at any office
or pay agency of the Borough.
B.
Bills rendered and due.
(1)
Regular meter readings will be made quarterly and
bills will be rendered as soon as practicable after the reading of
the respective meters. In case of fire service, bills will be rendered
on or about the first day of January and July for service during the
preceding six months. All bills are due and payable on presentation
or delivery.
(2)
All customers connected to the water system will be
billed and shall pay in each quarter the minimum charge plus any excess
amount due over the minimum allowance.
C.
Delinquent bills. If a bill remains unpaid for a period
of 30 days after presentation, it shall be classed as delinquent.
Payments made by mail will be credited as received on the date of
mailing, as evidenced by the United States post office cancellation
stamp. If a bill remains unpaid 14 days after being classed as delinquent,
service may be discontinued at any time after having given not less
than five days' notice. If service is thus discontinued, it will not
be restored until all unpaid bills and all charges, including ten-percent
interest and the turn-on charges, are paid, or satisfactory arrangements
are made for payments.
[Amended 3-19-1984 by Ord. No. 4-1984]
D.
Abatement. No abatement on meter bills will be made
for leaks or for water wasted by damaged fixtures.
A.
General provisions.
(1)
A bona fide customer, as referred to in succeeding
subsections hereafter, shall be a customer of permanent and established
character, exclusive of a real estate developer or builder, who receives
service at a premises improved with structures of a permanent nature.
(2)
Any facilities installed under the provisions of this
article shall be the sole property of the Borough.
(3)
The size, type and quality of materials and their
location will be specified by the Borough, and the actual construction
will be done by the Borough or by a constructing agency acceptable
to it.
(4)
Adjustment of any difference between the estimated
cost and the reasonable actual cost of any main extension made hereunder
will be made within 60 days after the actual cost of the installation
has been ascertained by the Borough.
(5)
Extensions for fire hydrant service, private fire
protection service and temporary service will not be made under this
section.
B.
Extensions to serve individuals. The Borough may,
depending upon its financial ability, extend its mains to serve new
bona fide customers, at its own expense, other than to serve subdivisions,
tracts, housing projects, industrial developments or organized service
districts, when the required total length of main extension from the
nearest distribution main or sanitary sewer main is not in excess
of 65 feet per service connection of each type. If the total length
of main extension of each or either type is in excess of 65 feet per
service connection applied for, the applicant or applicants for such
services shall be required to advance to the Borough, before construction
is commenced, that portion of the reasonable estimated cost of such
extension over and above the estimated reasonable cost of 65 feet
of the main extension per service connection, including the cost of
service connections and meters and the cost of increasing the size
or capacity of the Borough's existing mains or any other facilities
used or necessary for supplying the proposed extension.
C.
Extensions to serve subdivisions and other developments.
(1)
An applicant for a main extension to serve a new subdivision,
tract, housing project, industrial development or organized service
district shall be required to advance to the Borough, before construction
is commenced, the estimated reasonable cost of installation of the
mains from the nearest existing main at least equal in size to the
main required to serve such development, including necessary service
stubs or service pipelines, fittings, valves and housings therefor,
manholes and other appurtenances, and including public fire hydrants.
If, in the opinion of the Borough, additional facilities are required
specifically to provide pressure or storage as a result of the service
requested, the cost of such facilities may be included in the advance.
(2)
The money so advanced will be subject to refund by
the Borough, without interest, to the party or parties entitled thereto,
to the extent that the advance exceeds the actual cost of construction,
engineering, legal fees and contingencies.
(3)
The Borough may, at its option, permit the developer
to contract directly for the performance of all work by reliable established
contractors. Prior to the commencement of work, the names of all contractors
and subcontractors to be employed must be approved by the Borough
and a performance bond shall be posted in the full amount of the Borough
Engineer's estimate of cost. After the completion of all work and
prior to the acceptance of lines and appurtenances by the Borough,
the developer will post a two-year maintenance bond in the amount
of 10% of the value of work to be accepted. The developer shall reimburse
the Borough for all legal and engineering fees charged by its consultants
in the preparation of contracts, bonds, plans, specifications, supervision,
resident inspection and all work incidental to the construction engaged
in by the developer.
A.
Turn-on charge. When water has been turned off from
any premises because of violation of the Borough's rules or for nonpayment
of a bill or at the request of the owner, a charge of $5, payable
in advance, will be made for again turning on the water as for an
original connection.
B.
Complaints. Complaints with respect to the character
of the service furnished or the reading of the meters or to the bills
rendered must be made at the Borough's office either orally or in
writing, and a record of such complaint will be kept by the Borough,
noting the name and address of the complainant, the date, the nature
of the complaint and the remedy.
C.
Reasonable access. The properly identified authorized
agents of the Borough shall have the right of access to the premises
served, at all reasonable hours, for the purposes of reading meters,
examining fixtures and pipes, observing the manner of using water
and for any other purpose which is proper and necessary in the conduct
of the Borough's business.
D.
Prohibited acts. No plumber, owner, tenant or other
unauthorized person shall turn the water on or off at any corporation
stop, curb stop or meter valve, or disconnect or remove the meter
without the written consent of the Borough.
E.
No oral agreements. No agent or employee of the Borough
has authorization to bind it by any promise, agreement or representation
not provided for in this chapter. The Borough reserves the right to
change, take from or add to the provisions of this chapter.
F.
Single service: water only. In instances where owners
of existing properties make application for and are furnished only
water service, all rules pertaining to water service must be complied
with, and the charge for such service shall be as described in the
rate schedule.
G.
Single service: sewerage only. In instances where
owners of existing properties make application for and are furnished
only sewerage service, all rules applicable to furnishing sewerage
service must be complied with, and the charge for such service shall
be as described in the rate schedule.
H.
Damage claims.
(1)
In all contracts for general or special water or sewer
service, it is expressly understood and agreed that no claims will
be made against the Borough for damage to life or property by reason
of the breaking of any service pipe, water fixture, meter or appliance
within the customer's premises, unless caused by the negligence of
the Borough or its employees, nor for any damage done due to the failure
of the water supply for any cause beyond the Borough's control.
(2)
All consumers having boilers upon their premises depending
on the pressure of the water in the Borough's pipes to keep them supplied
are cautioned against danger of collapse, and all such damage therefrom
must be borne exclusively by the consumer.
(3)
No water will be furnished to any premises where any
possibility exists of the mingling of the water furnished by the Borough
with water from any other source, nor will the Borough permit its
mains or service pipes to be connected in any way to any piping, tank,
vat or other apparatus containing liquids, chemicals or any other
matter which may flow back into the Borough's service pipes or mains
and consequently endanger the water supply.
I.
Changing of rules and regulations. The Borough reserves
the right to change or amend, from time to time, the provisions of
this chapter and the rates for water or sewer service.
