Borough of Woodbury Heights, NJ Article I Generally

§ 92-1 Definitions.

[Added 9-12-90 by Ord. No. 9-1990]

A. 

As used in this chapter, the following terms shall have the meanings indicated:

1. ANNUAL SERVICE CHARGE - The annually determined rate based on the Borough's anticipated costs of operating, financing and maintaining the sewer collection system based upon a distribution of such anticipated costs distributed among the users of the system with respect to the type, class and character of such use.

2. BOROUGH - Refers to the Borough of Woodbury Heights.

3. DOMESTIC EQUIVALENT UNIT - A measure equal to 100,000 gallons per year or fraction thereof.

4. GCUA - Refers to the Gloucester County Utilities Authority.

5. GCUA SYSTEM - Means the regional sewer interceptor, wastewater treatment facilities and appurtenances operated by the Gloucester County Utilities Authority.

6. PROHIBITIVE DISCHARGE - The pollutants described under general and specific limitations of Title 40, SFR 403.5 and the existing service agreement between the borough and GCUA.

7. TOXIC POLLUTANTS - Includes, but is not limited to, those pollutants designated under Section 307 of the Federal Act and Section 4 of the New Jersey Water Pollution Control Act, N.J.S.A. 58-10A-1, et seq., and its amendments and supplements thereto.

8. USER - Any person, persons, agency, entity, property or use connected, directly or indirectly, to the borough collection system.

§ 92-2 Sewer rates.

[Added 9-12-90 by Ord. No. 9-90; amended 12-12-90 by Ord. No. 13-90; 3-20-91 by Ord. No. 4-91; and 11-13-91 by Ord. No. 18-91; 7-21-93 by Ord. No. 8-93 and 10-19-94 by Ord. No. 18-94]

A. Effective October 1, 1990 all improved properties connected, directly or indirectly, with the sanitary sewer collection system of the borough shall pay an annual service charge corresponding to the following schedule:

USE	DOMESTIC EQUIVALENT UNITS
Single-Family Home	1 Unit
Single-family Home with Apartment	1 Unit plus 1 Unit per apartment
Rental or Condominium Apartment, per living Unit	1 Unit
Townhouse - per living Unit	1 Unit
Single-family home as primary use with business as secondary use	1.5 Units
School - per each 30 persons as students, staff and other employees by enrollment and occupancy thereof	1 Unit
Churches	1 Unit
Automobile Service Station without repair or maintenance facilities	2 Units
Service Stations with repair or maintenance facilities	3 Units
Commercial Motor Vehicle Garage per repair bay or equivalent capacity	1 Unit
Take-out Restaurant without seating facilities	3 Units
Diner, Tavern, Banquet hall or Restaurant up to 50 person seating capacity	3 Units
Per each additional 15 seating capacity or segment thereof	1 Unit
Laundromat or self-service Laundry per washing machine	20 Unit
Supermarket up to 2500 square feet of total building area	3 Units
Per each additional 5000 square feet, or portion thereof	1 Unit
Convenience Store with food sales	3 Units
Shopping Centers:
Each unit or use shall be charged individually in accordance with this Schedule but not less than 1 Unit per such unit, use or tenant.
If not specifically scheduled otherwise herein, each retail use shall be charged per first 2500 square feet of gross floor area or portion thereof	1 Unit
Per each additional 5000 square feet, or portion thereof, of gross floor area	1 Unit
Medical, dental, physical therapists office per 1000 square feet of gross floor area, or portion thereof	1 Unit
Offices - per each 300 square feet of gross floor area or portion thereof	1 Unit
Nursing homes, hospitals and confinement institutions per each 20 per person capacity including residence, patients and employees	1 Unit
Bowling alley without restaurant, banquet or meeting facilities,	1 Unit
plus per alley	.20 Unit
Bowling alley with restaurant, banquet or meeting facilities,	2 Units
plus per alley	.20 Unit
Theaters per each 50 seats or portion thereof	1 Unit
Warehouse - per each 5000 square feet of gross floor area or part thereof	1 Unit
Warehouse in excess of 100,000 gross floor area - per each 10,000 square feet of gross floor area of part thereof	1 Unit
Industrial, manufacturing and assembly facilities without industrial waste-per each 2500 square feet of gross floor area	1 Unit
Library	1 Unit
Firehouses, rescue or ambulance facilities	1 Unit
Car washes without water recycling systems	12 Units
Car washes with recycling facilities	6 Units

B. Unscheduled uses or connection: In the event that a use or structure is not described in this schedule the borough shall determine the domestic equivalent unit of service charges in accordance with statutory guidelines. In the event that a use or structure is described in the schedule but the borough determines that the nature or use of such structure would result in an inequitable fee, the borough, in its discretion and upon satisfactory proofs, may determine that a higher or lower fee may be imposed.

Uses or structures containing more than one use shall pay the scheduled service charge based on the total of charges for all uses within such facility unless otherwise classified herein.

C. Incompatible waste. In the event that a user discharges any toxic pollutants or prohibited discharges which cause, or may cause, an increase to the cost of treatment of effluent or which may damage or deteriorate the sewer collection system of the borough, such user shall pay the borough such increased costs on a prorated or other established basis. Such additional costs shall be as certified by the Borough Engineer.

D. Annual service charge. The annual sewer service charge is the sum of $680 per domestic equivalent unit connected with the sewer system. All such charges shall be paid in equal quarterly installments payable on February 1, May 1, August 1, and November 1 of each calendar year.

[Amended 5-19-2004 by Ord. No. 6-2004; 7-13-2005 by Ord. No. 16-2005; 12-19-2012 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]

(1) A single-family dwelling to which title is held and such premises occupied by a senior citizen shall be eligible for a 25% discount applied against the annual service charge per domestic equivalent unit connected with the sewer system upon proof of each of the following:

(a) Age of 65 years or over; and

(b) Ownership and occupancy of such residence by said person; and

(c) Total annual income not in excess of $10,000 per year, exclusive of benefits received under any one of the following:

[1] The Federal Social Security Act, and all amendments and supplements thereto.

[2] Any federal or state pension, disability or retirement program, including the Federal Railroad Act, if received in lieu of Social Security benefits, in whole or in part. This exclusion shall not be in excess of the maximum Social Security benefit allowable that would otherwise be available to a person in similar circumstances;

(d) Premises are residential only;

(e) Proof of the aforementioned eligibility must be submitted to the Borough Clerk of Water and Sewer on or before January 1st of each year to receive the discount for the next ensuing calendar year.

(2) A SFD (single-family dwelling) to which title is held and such premises occupied by a disabled person shall be eligible for a 25% discount applied against the annual service charge per domestic equivalent unit connected with the sewer system upon proof of each of the following:

(a) A permanent and total disability according to the provisions of the Federal Social Security Act, 41 U.S.C. Sec. 401, et seq., or more than 60% disabled under any Federal law administered by the United States Department of Veteran Affairs; and

(b) Ownership and occupancy of such residence by said disabled person; and

(c) Total annual income not in excess of $10,000 per year, exclusive of benefits received under any one of the following:

[1] The Federal Social Security Act, and all amendments and supplements thereto,

[2] Any federal or state pension, disability or retirement program, including the Federal Railroad Act, if received in lieu of Social Security benefits, in whole or in part. This exclusion shall not be in excess of the maximum Social Security benefits allowable that would otherwise be available to a person in similar circumstances;

(d) Premises are residential only;

(e) Proof of the aforementioned eligibility must be submitted to the Borough Clerk of Water and Sewer on or before January 1st of each year to receive the discount for the next ensuing calendar year.

E. Sewer connection fees. The following schedule shall be used in determining fees for connection to the sewer collection system of the borough, as follows:

SECTION 1:

USE	DOMESTIC EQUIVALENT UNITS
Single-family Home	1 Unit
Single-family Home with Apartment	1 Unit plus 1 Unit per apartment
Rental or Condominium Apartment, per living Unit	1 Unit
Townhouse - per living Unit	1 Unit
Single-family home as primary use with business as secondary use	1.5 Units
School - per each 30 persons as students, staff and other employees by capacity thereof	1 Unit
Churches	1 Unit
Automobile Service Station without repair or maintenance facilities	2 Units
Service Stations with repair or maintenance facilities	3 Units
Commercial Motor Vehicle Garage per repair bay or equivalent capacity	1 Unit
Firehouses, rescue or ambulance facilities	1 Unit
Car washes without water recycling systems	12 Units
Car washes with recycling facilities	6 Units
Take-out Restaurant without seating facilities	3 Units
Diner, Tavern, Banquet hall or Restaurant up to 50 person seating capacity	3 Units
Per each additional 15 seating capacity or segment thereof	1 Unit
Laundromat or self-service Laundry per washing machine	.20 Unit
Supermarket up to 2500 square feet of total building area	3 Units
Per each additional 5000 square feet, or portion thereof	1 Unit
Convenience Store with food sales	3 Units
Shopping Centers:
Each unit or use shall be charged individually in accordance with this Schedule but not less than 1 Unit per such unit, use or tenant.
If not specifically scheduled otherwise herein, each retail use shall be charged per first 2500 square feet of gross floor area, or portion thereof	1 Unit
Per each additional 5000 square feet, or portion thereof, of gross floor area	1 Unit
Medical, dental, physical therapists office per 1000 square feet of gross floor area, or portion thereof	1 Unit
Offices - per each 3000 square feet of gross floor area or portion thereof	1 Unit
Nursing homes, hospitals and confinement institutions per each 20 per person capacity including residence, patients and employees	1 Unit
Bowling alley without restaurant, banquet or meeting facilities,	1 Unit
plus per alley	.20 Unit
Bowling alley with restaurant, banquet or meeting facilities,	2 Units
plus per alley	.20 Unit
Theaters per each 50 seats or portion thereof	1 Unit
Warehouse - per each 5000 square feet of gross floor area or part thereof	1 Unit
Industrial, manufacturing and assembly facilities without industrial waste-per each 2500 square feet of gross floor area	1 Unit
Library	1 Unit
Firehouses, rescue or ambulance facilities	1 Unit
Car washes without water recycling systems	12 Units
Car washes with recycling facilities	6 Units

A.

Unscheduled uses or connection: In the event that a use or structure is not described in this schedule the borough shall determine the domestic equivalent unit of service charges in accordance with statutory guidelines. In the event that a use or structure is described in the schedule but the borough determines that the nature or use of such structure would result in an inequitable fee, the borough, in its discretion and upon satisfactory proofs, may determine that a higher or lower fee may be imposed.

Uses or structures containing more than one use shall pay the scheduled service charge based on the total of charges for all uses within such facility unless otherwise classified herein.

Section 2 - Connection fees shall be paid in accordance with the above schedule at the time of the issuance of a connection permit. All connection permits shall be issued prior to any issuance of building permits. No connection permits shall be issued without applicant's therefor demonstrating approval from all municipal, county, state or federal agencies having jurisdiction over the development of new structures and uses. All connection permits issued are valid for a period of one year from the date of issuance and, if a physical connection to the system is not made within such one year period, the borough may invalid such permit and return the connection fees paid less an administrative fee of $250.

In the event that a use is not described in the aforesaid schedule, the borough shall determine the connection fee in accordance with relevant statutory guidelines. In the event that a use structure is described in the schedule by general classification but the particular nature or character of such use or structure would result in an inequitable connection fee the borough, in its discretion and upon satisfactory proofs, may determine that a higher or lower fee may be imposed. All structures with more than one use shall pay the scheduled connection fee based upon the total of charges for all uses within the structure or facility or as otherwise subject to the above schedule.

The aforesaid schedule of connection fees is effective as of October 1, 1990.

Section 3 - A fee for connection to the public sewer system is established as $1,860 per domestic equivalent unit set forth at Section 1 of this chapter.

[Amended 5-19-10 by Ord. No. 13-2010]

§ 92-3 Special rates.

[Amended 10-8-73 by Ord. No. 73-11]

In any cases not contemplated in the schedule of rates set out in this chapter or not clearly defined herein, the Borough Council is hereby authorized to establish special rates or rentals under such schedules or formulas as the Borough Council may deem necessary

§ 92-4 (Reserved)

[Repealed 11-17-98 by Ord. No. 13-1998]

§ 92-5 Penalty for unpaid sewer service charges.

[Amended 6-23-75 by Ord. No. 3-1975; 7-2-80 by Ord. No. 4-1980;12-16-87 by Ord. No. 19-1987 and 9-12-90 by Ord. No. 9-1990]

A penalty of 1% per month, or portion thereof, shall be imposed on all sewer service charges not paid within 30 days of the due date as recited in § 92-2 hereof.

§ 92-6 Disconnection of sewer service.

[Added 3-9-64 by Ord. No. 64-1; 12-16-87 by Ord. No. 19-1987; 4-17-02 by Ord. No. 6-2002]

Sewer service as provided for under the provisions of this chapter may be discontinued for any of the following reasons:

A. For failure to maintain in good order connections or laterals connected to the sewer mains by the consumer.

B. For altering, tampering or attempting to alter or tamper with any sewer main, service pipe, curb stop, seal, water meter or any other appliances or property of the Borough of Woodbury Heights.

C. For nonpayment of bills or services rendered or water consumed and fines and penalties imposed, or for any other reason causing or tending to cause a loss to the sewer service.

D. Failure to pay the sewer service charge when due, at which time the Sewer Department may, in its discretion, enter upon such premises and cause the connection thereof leading directly or indirectly to the sewage system to be cut and shut off until such service charge and any subsequent service charge with regard to such premises and all interest accrued thereon shall be fully paid to the borough.

E. In no case shall the sewer service be restored until the defects have been remedied and the bills due, fines or penalties imposed, and a fee of $100 to cover the cost of shutting off and turning on of the service have been paid. Furthermore, such outstanding bills, fines, penalties and restoration charge shall act as a lien against said premises. In no case shall the water service be restored until the defects have been remedied.

§ 92-7 Sewer connection mandatory.

[Added 3-9-64 by Ord. No. 64-1; amended 7-3-79 by Ord. No. 5-1979; 7-16-97 by Ord. No. 11-1997; 3-18-98 by Ord. No. 5-1998]

Any property owner in the borough must accomplish a connection to the public sewer system when installed in the public right-of-way or easement accessible to such property within 120 days of a notice of availability of connection issued, in writing, by or on behalf of the borough. All property owners connected to the public sewer system shall be responsible for the maintenance of the sewer trap, cleanout or other device and the lateral connection to the sewer main. Any plumber or other person or entity performing service, repair or maintenance of a lateral connection or any devices appurtenant thereto shall first notify the borough prior to such servicing.

The borough shall commence billing for sewer service charges to the property noticed for connection to the public sewer on the earlier of either the one hundred twenty-first (121st) day from the written notice to connect or the date of actual connection to the sewer system.

§ 92-8 Violations and penalties.

[Added 6-23-75 by Ord. No. 3-1975]

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.