[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville: Art. I, 2-6-78 as Ord. No. 827; Art. II, 6-6-88 by Ord. No. 1045. Amendments noted where applicable.]
[Adopted 2-6-78 by Ord. No. 827]
A.
It is the intention of the Borough to establish a sewer utility and
to establish a sanitary sewer service charge which shall produce revenue
sufficient to pay all treatment charges, payable to the Somerset Raritan
Valley Sewerage Authority, and costs of administration. Accordingly,
the service charges herein prescribed are subject to adjustment by
the Mayor and Borough Council from time to time in the manner provided
by law.
B.
There shall be established in the Borough of Somerville a dedicated
Sewer Utility Fund for the collection and disbursement of the sewer
service charge. Said fund shall be kept separate and apart from the
local municipal budget.
[Amended 12-18-95 by Ord. No. 2009; 6-17-96 by Ord. No. 2017]
The owner of every dwelling, house, tenement, building, factory
or lot within the Borough shall be liable to the Borough of Somerville
for the payment of a sewer service charge for the use of the sanitary
sewers in the Borough by the owner or by the occupier or occupiers
of every dwelling, house, tenement, building, factory or lot, together
with interest and penalties as hereinafter fixed by this chapter.
It is the intention of the Borough that all owners, specifically including,
by way of illustration and not by way of limitation, schools, governmental
entities and tax exempt institutions and organizations, be liable
for sewer service charges herein established.
The Borough of Somerville and the Public Schools of the Borough
of Somerville shall be exempt from a sewer service charge for their
facilities.
[Amended 6-5-78 by Ord. No. 844; 6-20-78 by Ord. No. 847; 3-13-79
by Ord. No. 859; 6-5-89 by Ord. No. 1063]
The amount of sewer service charge to be paid by the owner of
every dwelling, house, tenement, building, factory or lot within the
Borough for the use of sanitary sewers shall be determined by the
amount of water consumed in the dwelling, house, tenement, building,
factory or lot, which amount shall be determined by the most current
meter reading taken by the private water company. The sewer use fee
which is charged by the Borough for each particular use (residential
or all other uses) shall be an amount determined by the amount of
water consumed and at the rates set forth in this article.
A.
The following sewer charges shall be paid quarterly by the owner
of real property for the use of sanitary sewers in accordance with
the following classification of sewer uses and applicable rates:
[Amended 3-21-94 by Ord. No. 1166; 7-5-94 by Ord. No. 1175; 7-18-94 by Ord. No. 1177; 1-17-06
by Ord. No. 2209; 1-22-08 by Ord. No. 2252; 1-19-10 by Ord. No. 2318; 1-13-14 by Ord.
No. 2426; 12-15-14 by Ord. No. 2459; 2-2-2015 by Ord. No.
2461; 1-21-2020 by Ord. No. 2602]
|
Rate Code
|
Rate Definition
|
Rate
|
Minimum
|
|---|---|---|---|
|
NB
|
Non-Somerville Business Metered
|
7.50
|
75
|
|
NR
|
Non-Somerville Residential Metered
|
7.50
|
75
|
|
NW
|
Somerville Unmetered Well-Out of Town
|
flat
|
160
|
|
SA
|
Somerville Apartment Metered
|
6.50
|
65
|
|
SB
|
Somerville Business Metered
|
6.50
|
65
|
|
SR
|
Somerville Residential Metered
|
6.50
|
65
|
|
SW
|
Somerville Unmetered Well
|
flat
|
135
|
|
The new minimum shall be for consumptions shall be from 0 to
9 (900 cubic feet)
|
B.
Residential uses shall include any single-family, two-, three-, four-,
five- and six-family dwellings, condominiums and townhouse units.
C.
Other sewer uses as defined by this article shall mean any uses other
than residential uses, including but not limited to commercial uses,
professional uses, industrial uses, governmental uses and institutional
uses.
[Amended 7-18-94 by Ord. No. 1177]
D.
All water consumption readings shall be those obtained by the Borough
from the water company furnishing water to the respective house, dwelling,
tenement, building, factory or lot. The most current reading of the
water meter as set forth in the records of the water company shall
constitute the measure of the sewerage flow shown from the dwelling,
house, tenement, building, factory or lot for the use of which the
charge is payable unless the owner or user establishes otherwise is
provided hereinafter.
E.
All accounts which are exclusively used for sprinkler system fire
protection, also termed "private fire accounts," shall be exempt from
all fees imposed hereunder, anything to the contrary herein notwithstanding.
F.
Residential users and all other sewerage users shall receive no reduction
for zero (0) consumption, but shall be subject to the minimum charges
established herein.
[Amended 3-21-94 by Ord. No. 1166]
[Added 10-5-98 by Ord. No. 2067; amended 9-18-2000 by Ord. No.
2094; 10-1-01 by Ord. No. 2116; 10-7-02 by Ord. No. 2131; 10-25-03 by Ord. No. 2145; 10-4-04
by Ord. No. 2175]
The quarterly minimum sewer service charge or fifty dollars ($50), whichever is less, is hereby eliminated for the fourth quarter of 2004 for each sewer user account. The tax collector shall be responsible for adjusting the sewer service charges and collecting revenues as provided by Chapter 141 as amended by this .
[Amended 3-13-79 by Ord. No. 859; 4-7-80 by Ord. No. 884; 4-6-81 by Ord. No. 905; 7-26-83
by Ord. No. 954; 7-31-84 by Ord. No. 967; 7-21-86 by Ord. No. 1012; 4-6-87 by Ord. No.
1021; 3-7-88 by Ord. No. 1039]
The following sewer service charges shall be paid quarterly
on February 1, May 1, August 1 and November 1 of each year by the
owner of real property for the use of sanitary sewers connected with
any dwelling, house, tenement, building, factory or lot in the Borough:
A.
$0.0273 [twenty-seven and three hundred thousands (27.300) mills]
for each cubic foot of sewerage discharged.
B.
Quarterly minimum charge: twenty-nine dollars and fifty cents ($29.50).
C.
For unmetered residential dwellings, houses or tenements: sixty-nine
dollars and fifty cents ($69.50) per quarter per residential unit.
D.
The sewer services charges as established by Chapter 141 of the Code of the Borough of Somerville are hereby amended to provide for a fifteen (15%) percent increase which shall only be in effect the fourth quarter of 1993 and the first quarter of 1994. The tax collector shall be responsible for amending the sewer service charges and collecting revenues as provided by this chapter.
[Added 10-4-93 by Ord. No. 1155; amended 3-21-94 by Ord. No. 1166]
A.
The sewer service charge and all other costs and expenses, interest
and penalties shall be and remain a lien upon the dwelling, house,
tenement, building, factory or lot until fully paid and satisfied.
B.
If prompt payment shall not be made when due and shall remain in
arrears, the Tax Collector shall file a statement showing the arrears
in the payment for the sewer service charge which shall be a lien
upon the real estate served by the sanitary sewer to the same extent
as taxes are a lien upon real estate in the Borough and shall be collected
and enforced by the Tax Collector in the same manner as liens for
taxes.
C.
In the event that any sewer service charge for sanitary sewer service
outside of the Borough shall not be paid as and when due, the unpaid
balance thereof and reasonable attorneys' fees and costs may be recovered
by the Borough against the owner in a civil action.
[Amended 4-7-80 by Ord. No. 884; 4-6-81 by Ord. No. 905]
Charges for sewer service shall draw interest at the rate of
eight percent (8%) per annum up to one thousand five hundred dollars
($1,500) and eighteen percent (18%) on any amount in excess of one
thousand five hundred dollars ($1,500), computed from the time the
charges become due.
[1]
Editor's Note: Section 2 of Ord. No. 1039, adopted 3-7-88,
reaffirmed this section in its entirety.
A.
The Tax Collector shall be responsible for preparation of bills for sewer service charges and collecting revenues hereunder provided. The Mayor and Council reserves the right to enter into contracts to obtain water consumption data and to assist the Tax Collector in the preparation and mailing of bills. Bills shall be rendered at or about the same time as water bills are rendered by private water companies providing water to the owner or user and shall include charges for the same period of time, subject, however, to the provisions of § 141-2 hereof. Estimated bills are hereby authorized where actual water use figures are not available.
B.
All bills for sewer service charges shall be mailed via the United
States Postal Service to the person or persons listed on the records
of the water company furnishing water to the respective units unless
the owner makes written application to the Tax Collector not later
than forty-five (45) days before any bill is sent, requesting that
the statement be sent to the owner for payment directly by him.
C.
C. The Tax Collector shall calculate sewer service use charges by
utilizing the water usage months of January, February, March, October,
November and December to determine the average monthly sewer service
usage. Utilizing the average monthly sewer service usage form utilizing
the six (6) months listed, said average sewer service usage shall
be used as the sewer service usage.
[Added 10-20-14 by Ord. No. 2455]
D.
D. The Tax Collector shall be responsible for reconciling and adjusting
bills for qualified events such as leak identification adjustments,
new property owner adjustment and reconciling upon documentation from
water company.
[Added 10-20-14 by Ord. No. 2455]
E.
E. Users with an intake of 130,000 cubic feet of water may install
a meter, at its own expense, with proper permits at the direction
of the Borough to measure use of the wastewater entering the sanitary
system.
[Added 10-20-14 by Ord. No. 2455]
F.
Well users may install an approved meter, at their own expense, with proper permits at the direction of the Borough to measure their water usage in order to have sewer service charges calculated. Upon an approved meter being installed, the property owner or its designee shall be responsible for providing the reading to the Borough of Somerville. The Borough of Somerville shall maintain the right to inspect the meter and the meter readings at any time it deems necessary for the verification of such readings. Such billings of service charges shall be in accordance with § 141-7A.
[Added 9-3-2019 by Ord. No. 2581]
[Amended 6-5-89 by Ord. No. 1063; 10-20-14 by Ord. No. 2455; 9-3-2019 by Ord. No. 2581]
A.
Any property owner shall have a right to appeal to the Mayor and
Council any decision or action taken pursuant to this chapter, only
after the property owner has appealed to the Tax Collector and Administrator
and provided that the appeal is made in writing within 15 days of
the decision of Tax Collector and Administrator.
B.
All appeals shall be in writing within the prescribed time to the
Tax Collector. The hearing shall be held within 45 days of the filing
of an appeal. The decision shall be made in writing within 45 days
of the hearing.
Any owner or user may apply to the Mayor and Council to direct
clean water into the storm sewer system. The application shall be
accompanied by evidence of approval from the Somerville Board of Health.
The owner and user shall allow the Borough Engineer, his agents
and those operating under his direction and control, reasonable access
to all water and sewage meters for the purpose of inspection and reading.
This chapter shall not limit or restrict the right of the Borough
to establish and enforce charges for industrial waste of unusual strength
or character in addition to charges herein imposed or to require pretreatment
of wastewater.
[Amended 6-5-89 by Ord. No. 1063]
A.
If an owner or occupier of property which is used for other than
residential uses obtains water from a private well or an unmetered
water supply, then the user shall install a meter at the intake of
water supply at its own cost, the type and location of which is to
be approved by the Borough Engineer. If any such user fails to erect
a meter or fails to repair a meter so that periodic quarterly readings
can be taken by the Borough Engineer, then the user shall be billed
an estimated amount equal to one-half (1/2) of the estimated usage
based upon the last four (4) sewer bills which were based upon meter
readings.
B.
If, after twenty (20) days' notice, the owner or occupier fails to
install a meter in accordance with this section, the user shall be
subject to a fine of not less than one hundred dollars ($100) nor
more than five hundred dollars ($500) per quarter in addition to the
quarterly sewer charge described above. The amount of the penalty
shall be determined by the local Magistrate. If an owner or occupier
of property which is used for residential purposes obtains its water
supply for a private well or an unmetered water supply, then the user
shall, at the option of the Borough, install a meter at the intake
of the water supply at its own cost, the type and location to be supplied
by the Borough Engineer. Any residential user that does not have a
meter will be billed the sum of ninety-six dollars ($96) per quarter
of sewer use. If any such residential owner appeals the ninety-six
dollars ($96) per quarter charge, that user must first install a water
meter at its own cost, the type and location to be approved by the
Borough Engineer. Any out of town residential user that does not have
a meter will be billed the sum of one hundred twenty dollars ($120)
per quarter of sewer use. If any such out of town residential owner
appeals the one hundred twenty dollar ($120) charge, that user must
first install a meter at its own cost, the type and location to be
approved by the Borough Engineer.
[Amended 3-21-94 by Ord. No. 1166]
In the event that estimated or actual wastewater discharge or
water consumption readings should prove to be inaccurate, the Borough
reserves the right to recalculate prior annual service charges with
the difference charged to or credited to the owner.
The Mayor and Council reserves the right, by resolution to:
No person shall, for the purpose of defrauding the Borough of
the sewer service charges due to it pursuant to this chapter, tamper
with or otherwise adjust water intake or sewage meters or any other
meter. Any person who violates this section shall be liable to a fine
not to exceed five hundred dollars ($500) and imprisonment for not
more than ninety (90) days, or both, for each separate violation hereof.
This chapter shall take effect immediately upon adoption and
publication as required by law. The sewer service charges required
to be paid shall be imposed for sewer discharges after July 1, 1978.
[Adopted 6-6-88 by Ord. No. 1045; amended 2-16-2016 by Ord. No. 2490]
The fees standard below total $1,500 per unit for a new dwelling
unit with new lateral and is composed of both a connection and a flow
fee (as described below). The total fee for all other uses is based
upon the total daily flow using NJDEP formulas.
A.
For every direct or indirect connection to the sanitary sewerage
system of the Borough or to any part thereof, the following capacity-rate
trunk-connection charges are established at the following rates:
(1)
Residential user: $500 for each single-family dwelling or unit.
(2)
All other users: Minimum fee of $1,000 or $0.375 per gallon per day
of total daily average flow as determined by the Borough on the basis
of certain factors, including but not limited to the factors made
available to the Borough, the results of its investigation and on
studies of meter readings.
A.
For every connection to a sanitary sewer main owned by the Borough,
the following connection charges are established at the following
rates:
(1)
Residential user: $1,000 for each single-family dwelling or unit.
(2)
All other users: $1,000 for the first 400 gallons of estimated annual
daily average flow, plus $1,000 for each additional 400 gallons of
estimated annual daily average flow or major fraction thereof as determined
by the Borough on the basis of the factors specified in N.J.S.A. 40:14A-8,
the data and information made available to this Borough, the results
of Borough investigation and on meter reading studies.
B.
The sanitary sewer main connection fee above specified shall be in
addition to any annual sewer use charge, any capacity-rate trunk-connection
charge, any Construction Code Official tie-in connection permit fee,
any Borough street opening permit fee and any and all other such fees
and special inspection fees that may be required under any other ordinance.
C.
Every user subject to a sanitary sewer connection fee herein established
shall be entitled to deduct therefrom the principal amount of any
special assessment levied by the Borough of Somerville.
Any fees or charges which are collected pursuant to the terms
of this shall be earmarked for use by and for the sewer utility fund.
This Article shall take effect immediately upon adoption and
publication as required by law.
