[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 12-14-1959 as Ord. No. 175; amended in its entirety 12-14-1992 by Ord. No. 458. Subsequent amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown in the County of Salem and State of New Jersey.
All occupied structures located within 150 feet of a municipal water main must connect to the system or be charged the minimum connection rate that would apply to such structure under the terms of this chapter if said structure were connected. All applications for the installation or renewal of water service connections shall be made in writing by the owner of the property or person acting as the owner's agent and signed by the owner or agent. The fee for making any application shall be $25.
[Added 9-23-97 by Ord. No. 519]
No water service shall be provided to any person or structure outside the territorial limits of the Borough of Woodstown except as follows:
Water service may be provided to the Woodstown-Pilesgrove recreation field located along Marlton Road to the extent agreed by the Borough Council from time to time, but in no event shall water be provided for any residential structures located on or about said premises.
Water services shall be provided to the Salem County Correctional Facility and such other public institutions located on county property as agreed by the county, including the Fire Training School, the county Road Department, the Center for Juveniles in Need of Supervision, the Mosquito Control Commission, the County Office Complex, the Regional Day School and the Salem County Vocational School Complex.
Water service shall continue to be provided to those residential structures serviced prior to January 1, 1982, or for which connections had been made to a main prior to January 1, 1982.
Whenever it shall appear necessary for health and safety reasons, the Mayor and Council may approve connections outside the territorial limits of the Borough of Woodstown. The decision of the Mayor and Council shall be final and shall be completely within their discretion when such connections shall appear necessary to avoid the effects of pollution, groundwater contamination or other health and safety reason which the Mayor and Council shall determine to be a significant health risk for the persons affected. This section shall not be interpreted to require the Mayor and Council to approve connections outside the territorial limits of the Borough of Woodstown, and they shall retain complete discretion to deny any such application, regardless of the health and safety risk that may be demonstrated. The terms and conditions for any such connections shall be dictated by the Mayor and Council upon the advice of the Municipal Engineer and Solicitor.
[Added 12-8-09 by Ord. No. 2009-26]
All connection applications shall state the date, name of the applicant, kind and extent of the service required and the description and location of the property to be serviced. The application shall also provide a calculation for equivalent dwelling units as detailed herein.
Except as provided in subparagraph H. below, all water taps, including the installation of a curb box and meter box with the necessary stopcock and attachments, shall be made and supplied by the Water Department for the Borough of Woodstown or its agent. The cost for this service shall be paid by the applicant in full prior to installation. All taps shall be metered.
[Amended 12-8-09 by Ord. No. 2009-26]
No street openings shall be made for the installation or for the renewal of water service until all required fees are paid and a street opening permit is issued.
All service connections shall be made of copper pipe, type (k). These connections shall be maintained by the owner; however, the Borough of Woodstown shall maintain water service from the water main to the curbline at no cost to the resident other than the required fees as set forth herein.
Each consumer or user must have installed at his own expense a stop and waste cock on the service pipe within one foot of the place where the service enters the structure and so located that the water supply may be shut off without difficulty by the owner or tenant.
Before any change in the number of outlets or use is made in the plumbing of any premises supplied with municipal water from the Borough of Woodstown, a written application for such change must be made to the Clerk of the Water Department to determine whether or not any adjustment in fees is required. The person making any such changes shall certify, in writing, to the clerk of the Water Department the nature and extent of the changes to be made.
Where repairs or replacements are necessary to the water main or from the main to the curb, the owner or tenant shall forthwith notify the Clerk of the Water Department of a need to make such repairs or replacements. In the event that any repairs or replacements are necessary from the curb to the residence, said repairs or replacements shall be the sole responsibility of the owner or tenant. In the event that any repairs or replacements which shall be the responsibility of the owner or tenant are not completed within 10 days of the borough having notice of the need for the same, then water service shall be discontinued to the property until said work is completed. Except as provided in Subsection H. below, in the event that a water meter shall require repair or replacement, this repair or replacement shall be the sole responsibility of the Borough of Woodstown, unless such meter is located within the homeowner's residence. In that event, the homeowner shall pay the reasonable cost of removing said meter and having a meter installed at the curbline of the property being served.
[Amended 12-8-09 by Ord. No. 2009-26]
In the event a developer wishes to install water meters that can be remotely read such as the meters provided by Neptune Corporation, said meters may be installed at the owner's expense with prior approval by the Mayor and Council. The terms for such installation, the cost for same, the cost for a remote reading device, and the cost of training and accounting services shall be as separately negotiated and agreed between the developer and the Mayor and Council for the Borough of Woodstown. In the event such meters shall be installed at the developer's request, and in the event the borough does not adopt a system for the replacement and installation of existing meters with remote reading meters, then the repair and maintenance of all meters so purchased and installed by the developer shall be at the sole expense of the developer and/or homeowner occupying the premises.
[Amended 7-8-03 by Ord. No. 582]
In order to equitably allocate service charges, connection fees and capital contribution requirements, a fee schedule has been established based in part on the calculation of an equivalent dwelling unit (EDU). Each application for water service shall provide a calculation for equivalent dwelling units as set forth in this chapter and shall further provide that each such applicant agrees to pay the required fees as set forth in this chapter and as amended from time to time. Equivalent dwelling units shall be calculated or assigned as follows:
Single family home: one EDU.
Apartment, condominium, townhouse, or other multifamily building will require one EDU for each unit of dwelling space as defined in N.J.S.A. 55:14A-3 which receives municipal water services.
School: one EDU for each two classrooms.
Nursing home or rest home: one EDU for each two beds.
Church or religious social hall: one EDU shall equal 300 gallons a day of projected or actual flow for the particular facility to establish the initial number of EDU's. (Not used to capacity every day)
Commercial/industrial: one EDU shall equal 205 gallons a day (gpd) of the projected or actual flow for the facility. To establish the initial number of EDU's for the particular facility, a projection shall be made based on the total square footage of the structure. For each square foot of structure, 0.125 gallons per day shall be assigned to establish the total projected flow in gpd. This number shall be rounded to the nearest number to establish the appropriate EDU for the establishment. Once the actual gpd is determined, the actual EDU's shall be determined and utilized for all billing calculations after the first (12) months of sewer service.
Miscellaneous: The projected flow for all other uses shall be calculated in accordance with N.J.A.C. 7:9-1.106 or a method approved by the Sewerage Authority which adequately estimates the projected water usage. To establish the number of EDU's, the total projected usage shall be divided by 205 gpd, and any fraction rounded to the next highest whole number.
[Added 6-8-1999 by Ord. No. 537; amended 6-14-2011 by Ord. No. 2011-8]
In addition to the application fee of $25, a connection fee shall be charged, as established by resolution, for each tap into the water main. A capital contribution fee shall also be assessed for each new connection, which fee shall be paid for each EDU calculated for the particular application. The capital contribution fee shall be calculated in accordance with N.J.S.A. 40:14B-21 and shall be determined on an annual basis after a public hearing held in accordance with N.J.S.A. 40:14B-23.
[Amended 7-13-04 by Ord. No. 600]
If water and sewer services are being installed at the same time, an installation fee, as established by resolution of Woodstown Borough Council shall be paid for the water service. This charge includes a 3/4 inch tap, corporation cock, stop cock at the curb, meter well, setting of a 3/4 inch meter, trenching from the main to the curb, refilling the trench and replacement of all pavement. The cost of the copper pipe for the service and all plumbing from the main to the curb, including the setting of the stop cock, shall be at the cost and expense of the applicant, which amount shall be estimated and paid in advance of any work being undertaken.
[Amended 7-13-04 by Ord. No. 600]
If only a water service is being installed, the installation charge, as established by resolution of Woodstown Borough Council shall be paid. This charge includes a 3/4 inch tap, corporation cock, stop cock at the curb, meter well, setting of a 3/4 inch meter, trenching from the main to the curb, refilling the trench and replacement of all pavement. The cost of the copper pipe for the service and all plumbing from the main to the curb, including the setting of the stop cock, shall be at the cost and expense of the applicant, which amount shall be estimated and paid in advance of any work being undertaken.
[Amended 7-13-04 by Ord. No. 600]
Any applicant required a tap and service larger than 3/4 inch shall be required to pay all additional expenses associated with the larger service.
Any applicant that is the owner or developer of a new housing or commercial development project which has received the required approvals by the Woodstown Board of Adjustment and Planning Board shall make an original application and may request a modification of the normal installation process and fees. Where such a project involves the construction of new streets, the applicant shall be allowed to dig and refill trenches for water services and water main under the supervision of the Borough Water Department and pave these streets after the fill has been suitably compacted and settled. When this process is utilized, an installation charge of $200 per service shall be paid, plus the cost for copper piping and all plumbing from the main to the curbline and the setting of the stop cock in lieu of the payment provided above. The owner or developer shall bear the responsibility and cost for the installation of such water mains as are required to service the development, including the connection to the existing municipal water main, which installation and connection shall be subject to the approval of the Borough of Woodstown Water Department. The owner or developer shall meet minimum requirements for equipment and installation, which shall include ductile iron cement-lined pipe and right-hand resilient seated valves. The owner or developer shall also be required to pay the capital contribution per EDU.
The capital contribution described in N.J.S.A. 40:14B-21 shall be recalculated each year and adopted after a public hearing. This capital contribution will be charged for each EDU identified in the approved application for connection.
Water service may be disconnected from the system at the written request of the owner. Any application for reconnection shall be considered as a new customer and require all procedural aspects of a new connection, including but not limited to the payment of a one hundred dollar ($100) application fee and the current capital connection fees.
[Added 11-23-1993 by Ord. No. 468]
The following rates for each EDU shall be established for metered water service in the Borough of Woodstown:
[Amended 11-23-1993 by Ord. No. 468; 12-28-1995 by Ord. No. 499; 12-10-1996 by Ord. No. 509; 12-8-09 by Ord. No. 2009-27; 6-14-2011 by Ord. No. 2011-8; 12-10-13 by Ord. No. 2013-16; 12-29-15 by Ord. No. 2015-10]
For 40,000 gallons per annum, the minimum rate per annum shall be $300.
For any excess from 40,000 gallons to 100,000 gallons, the rate shall be $4.60 per thousand gallons for all water bills prepared and sent after January 1, 2016, and $4.85 for all water bills calculated and sent after January 1, 2017.
For all excess over 100,000 gallons per annum the rate shall be $5 per thousand gallons for all water bills prepared and sent on or after January 1, 2016, and $5.25 per thousand gallons for all water bills calculated and sent on or after January 1, 2017.
Institutional/commercial/industrial/miscellaneous. Each user will be charged based on equivalent dwelling units. The number of EDU's shall be determined based on the previous year's water usage, which shall be the total annual usage divided by 74,800 gallons, which number shall be rounded to the next highest number. In cases where less than a full year but greater than three months of water usage data is available, the actual water data will be extrapolated to an annual basis. In cases where less than three months of water use data is available, the number of units shall be determined as provided in § 90-4. Charges shall then be calculated as provided in Subsection A of this section for gallonage used per EDU as determined herein.
Where water service is provided to a structure which contains a combination of residential use with an institutional, commercial, industrial or miscellaneous use, where possible, separate meters shall be installed for each separate use.
All charges for water service that has been supplied and for which a bill has been submitted and payment received prior to November 1, 1993, are hereby validated, authorized and approved.
[Amended 6-14-2011 by Ord. No. 2011-8]
Water service may be shut off or discontinued at the request of the owner or agent. If service will be discontinued for more than one week, a charge of $50 shall be paid to the Clerk of the Water Department for the restoration of service before the water will be turned back on.
The minimum annual connection fee established in this chapter shall be paid for each connection, regardless of whether or not the minimum amount of water is actually utilized.
All fees for installation or renewal of service shall be due immediately upon application.
The charge for the minimum rate per annum as contemplated in this chapter shall be billed annually and payable quarterly. Bills shall be submitted in January of the calendar year in which they are due, with payments to be made in each of the four calendar quarters of that year as set forth on the bill. The charge for any water usage established above the minimum shall be billed annually for the preceding calendar year billed. All quarterly payments shall be made no later than the 10th day of the second month of each calendar quarter, being February, May, August and November.
Interest at the rate permitted by statute shall be charged from the day any quarterly bill is due.
The Mayor and Council shall have the authority to restrict water usage when it appears that the quantity authorized in the water diversion allocation permit has been exceeded or may be exceeded. The Mayor and Council shall further have authority to impose emergency restrictions on water usage as they shall deem appropriate whenever it shall appear to them that a water shortage, emergency or condition of overusage shall exist. When such a determination shall be made by the Mayor and Council, their decision to restrict usage shall be memorialized in a resolution, which resolution, shall set forth with specificity the particular restrictions that are to apply. Any person, firm, organization or corporation found to be in violation of the provisions of said resolution shall first be given a warning and shall thereafter receive a formal complaint to be prosecuted in Municipal Court.
For a first offense there shall be a fine of $100, and for any second or subsequent offense there shall be a fine of $500, and the Court may, in its discretion, impose a term of imprisonment not to exceed 90 days.
There shall be no connection fee charged to the County of Salem for water services provided to the county pursuant to a contract entered between the Borough of Woodstown and the County of Salem. Annual service fees shall be charged at the same rate that any other institutional user would be charged less any contribution for debt service incurred to finance capital improvements completed during the years 1992 and 1993.
[Added 12-30-1993 by Ord. No. 469; Amended 6-27-00 by Ord. No. 547; 6-14-2011 by Ord. No. 2011-8]
From time to time, bulk sales of water may be authorized to the extent that there is sufficient capacity within the Borough of Woodstown. These sales shall not be pursuant to a permanent connection and shall only be made after written application under the direction and supervision of the Water Utility Operator. A copy of the application as either approved or denied by the Water Utility Operator will be filed with the Municipal Clerk, retained by the Water Utility Operator and given to the applicant. The fee shall be made up of a basic service charge of $100 plus $25 for each thousand gallons or part thereof. The water may be delivered to the applicant at such time and place as designated by the Water Utility Operator. All payments shall be made by check payable to the Borough of Woodstown promptly upon receipt of a bill from the Clerk.
[Amended 12-30-1993 by Ord. No. 469; 12-28-1995 by Ord. No. 499; 12-10-1996 by Ord. No. 509; 12-8-2009 by Ord. No. 2009-27; 6-14-2011 by Ord. No. 2011-8; 12-10-13 by Ord. No. 2013-16; 12-29-14 by Ord. No. 2014-16; 12-29-15 by Ord. No. 2015-10]
The rates set forth in this chapter shall be effective January 1, 2016 and January 1, 2017 as detailed in Section 90-6 above, upon final passage and publication of this chapter in the manner prescribed by law.
[Added 10-26-1993 by Ord. No. 465; amended 5-28-1996 by Ord. No. 504; 12-8-09 by Ord. No. 2009-26]
Except as provided in Section 90-3H, all water meters used to provide potable water in the municipal water system having connection pipes of one inch or less in diameter shall be supplied, calibrated, repaired and replaced by the Borough of Woodstown in accordance with N.J.A.C. 14:9-3.2 at no cost to the ultimate user, other than as required for the initial connection. All water meters for a service larger than one inch shall be installed, supplied, calibrated, repaired and replaced by the customer as necessary to comply with N.J.A.C. 14:9-3.2, which work shall be completed at no cost to the Borough of Woodstown. Any property owner or customer who fails to comply with the provisions of this section requiring repair, calibration or replacement shall be subject to prosecution in the Municipal Court and if found guilty may be assessed a fine not to exceed $50 per day for each day that said water meter remains uncalibrated, unrepaired or unreplaced after having been notified of the need for same by an authorized representative of the Borough of Woodstown. In addition to the penalties imposed herein, the Court may order the guilty party to complete repair, calibration or replacement as part of any sentence imposed and may suspend all or a portion of any fines pending compliance by the guilty party. Meters installed pursuant to Section 90-3H shall be supplied, calibrated, repaired and replaced at the owner or developer's cost until such time as an alternative agreement is reached, or a system of remote reading water meters is installed throughout the Borough of Woodstown.
[Added 10-26-1993 by Ord. No. 465]
As authorized by N.J.A.C. 14:9-3.1, the Mayor and Council are hereby authorized to enter into an agreement from time to time as they may deem necessary and appropriate with an appropriate individual, agency or corporation to test and calibrate all water meters for a service of one inch or less as may be necessary and appropriate.
[Added 10-26-1993 by Ord. No. 465; 12-8-09 by Ord. No. 2009-26]
With the exception of meters installed pursuant to Section 90-3H, the municipal Water Department for the Borough of Woodstown is responsible for testing and replacing all meters in its system as necessary for services of one inch or less as provided in N.J.A.C. 14:9-3.2. All larger size water meters will be tested or repaired by an independent testing firm at the expense of the ultimate user. The testing requirements shall be as provided in the New Jersey Administrative Code. All meters installed pursuant to Section 90-3H shall be tested at the owner or developer's expense under the direction of the Borough of Woodstown until such time as the Borough of Woodstown shall adopt a municipal system of remote water meter reading.
[Added 1-24-1995 by Ord. No. 483]
Any application for development which is required to obtain an NJDEP CP-1 application for permit to construct/modify, operate public potable water works form shall be governed by the requirements of this section.
The developer subject to the requirements of this section shall submit the necessary plans for the proposed development along with a nonrefundable application fee which fee shall be established from time to time by resolution of the Mayor and Council for the Borough of Woodstown. This application fee shall be sufficient to permit a thorough review of the application by appropriate professionals and employees of the Water Department to ensure that the proposed on-site and off-site water facilities meet the borough's regulations and all state statutes and regulations.
After all plans and revisions have been reviewed and approved by an appropriate representative of the Water Department, a recommendation shall be made by that representative to the Mayor and Council to sign and endorse the NJDEP CP-1 application for permit to construct/modify, operate public potable water works. The designated representative for the Borough of Woodstown shall then duly sign the appropriate NJDEP CP-1 application, and this application and endorsement will be effective for two years from the date of the endorsement.
In the event the developer is unable to complete development within two years of the date of the endorsement, the developer may apply to the Mayor and Council for a one year extension of the approval and endorsement. If the Mayor and Council determine that the best interests of the Borough of Woodstown and the developer can be served by a one year extension, then such an extension may be granted by resolution approved by a majority of the Borough Council. Under no circumstances may the endorsement be extended for a term greater than three years from the date of the original endorsement.
In the event the developer has not completed the development project within three years of the date of the initial endorsement, then the original endorsement and any extension shall become null and void, and the developer shall be required to reapply to the Borough for a new permit and endorsement, and shall pay a new and nonrefundable application fee for that portion of the development which remains incomplete.
In addition to the application fee required herein, the developer shall also pay an inspection escrow to the Borough of Woodstown sufficient to permit the Borough to properly inspect all on-site and off-site water activities to ensure that all work is being completed in accordance with the approved plans. The amount of this escrow shall be established by the Engineer for the Borough of Woodstown.