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[Repealed 11-17-98 by Ord.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