[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights during codification; see Ch. 1, General Provisions, Article II. Amendments noted where applicable.]
[Amended 12-16-98 by Ord. No. 19-1998]
All borough property pertaining to the Water Department and the personnel hired to operate the same shall be under the control and direction of the Principal Public Works Manager, and this authority shall be exercised through the Borough Council.
The Borough Council shall have the right to change this chapter and the water rates from time to time as it shall deem necessary for the best interests of the Borough of Woodbury Heights.
The Water Department agrees to furnish water to its customers on certain terms specified in this chapter. The borough shall not be liable under any circumstances for failure in the supply of water, whether from unavoidable cause or the need or necessity of making repairs, or installing new machinery or parts in the water system.
[Amended 12-16-98 by Ord. No. 19-1998]
Applications for the use of water shall be made to the Principal Public Works Manager. After approval by the Principal Public Works Manager, he will order the Water Department employees to tap the water main, run pipe to the curbline, install a curb box or shutoff, and install a meter in a place acceptable to the Water Department for a fee as stated in Section 107-5 below.
[Amended 10-21-87 by Ord. No. 18-1987 and 10-10-90 by Ord. No. 11-1990]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
(1) 
DOMESTIC EQUIVALENT UNIT - A measure equal to the potential or actual demand for water supply of a single-family residence.
(2) 
CONNECTION FEE - A charge payable prior to the connection of a service line for premises to the borough's water supply system, its mains, lines or appurtenances thereto and based upon a distribution of such fees among new users of the system with respect to the type, class and character of such use.
(3) 
BOROUGH - Refers to the Borough of Woodbury Heights.
(4) 
USER - Any person or persons, agency, entity, property or use connected, directly or indirectly, to the borough water supply system.
B. 
All connection to the water supply system by any user shall be made on advance notice to the Principal Public Works Manager and to the Borough Engineer and upon inspection of such borough representatives all costs associated with such connection, including repair or replacement of streets or other improvements to be at the sole and individual cost of the user performing such connection. All such physical connections to the borough water supply system shall be performed by a licensed plumber.
[Amended 12-16-98 by Ord. No. 19-1998]
C. 
All connections to the borough water supply system shall be made in a manner consistent with the applicable provisions of all state, county and local statutes, codes, rules or regulations and shall otherwise be of a type and fashion approved by the Borough Engineer. Placement of meters and the type of such meters shall be in accordance with plans and specifications approved by the Borough Engineer.
D. 
The following schedule shall be used in determining fees for connection to the water supply 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 with out 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 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
E. 
A fee in the sum of $1,775.00 per domestic equivalent unit is established for connection to the public water supply system of the borough.
[Amended 10-19-94 by Ord. No. 18-94; 5-19-10 by Ord. No. 13-2010]
F. 
All meters other than those connected to single-family homes, rental or condominium apartment (on a per unit metered basis), single-family homes with apartment, townhouses (per metered living unit) and single-family home with secondary business uses or meters in excess of a size of 5/8 inch x 3/4 inch shall be purchased at the sole cost and expense of the user. Such meters, when installed to the water supply system, shall become the sole and separate property of the borough.
G. 
In the event that a use or structure is not described in the Schedule of Domestic Equivalent Units the borough shall determine the domestic equivalent unit of connection fees 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 connection fee based on the total of charges for all uses within such facility unless otherwise classified therein.
H. 
Water 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 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 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 invalidate such permit and return the connection fees paid less an administrative fee of $250
I. 
Invalidation. In the event that any part of this section shall be deemed, by any Court of competent jurisdiction, invalid, all other terms and provisions of this section shall remain in full force and effect, in whole or in part.
All water for temporary use, such as building or construction purposes, shall be metered and the user of the water shall pay all costs necessary for supplying the water. Temporary service will be furnished at regular rates, payable in advance at the time of obtaining a permit.
All meter connections shall be standard, as follows: one shutoff valve on the feed side of the meter and one shutoff valve on the discharge side of the meter, with a capped nipple at least six inches long placed in a vertical position between the meter and the discharge valve. Clearance above the nipple shall be at least 18 inches, with minimum clearance on each side equal to five times the outside diameter of the supply pipe. All meters must be properly strapped to the wall.
If a meter fails to work correctly, the customer will be charged at the average daily consumption as shown by the meter when it was in order.
[Added 8-16-95 by Ord. No. 15-95; 7-16-08 by Ord. No. 8-2008]
Water customers shall be permitted an inspection of the accuracy and proper calibration of all water meters upon request and by remitting a deposit in the sum of $275 per meter. After inspection by a qualified laboratory or facility determined solely at the discretion of the borough, the results of such inspection shall be provided to the customer. In the event that the meter inspection determines the meter to be calibrated or registering inaccurately, the borough shall cause replacement of such meter and a refund of the deposit placed by the customer. In the event that the meter inspected and tested is determined accurate, the deposit money shall be retained by the borough as a cost of removal, inspection and replacement of such meter.
[1]
Editor's Note: Former § 107-12, Replacement of faulty meters, was repealed and replaced 8-16-95 by Ord. No. 15-95.
All water passing through a meter will be charged for, whether used or wasted, and no deductions will be made for leaks.
[Amended 4-12-76 by Ord. No. 2-1976; 5-24-76 by Ord. No. 5-1976; 3-5-80 by Ord. No. 1980; 7-20-80 by Ord. No. 5-1980; 1-8-84 by Ord. No. 1-1984; 12-18-85 by Ord. No. 10-1985; 10-21-87 by Ord. No. 18-1987; 7-21-93 by Ord. No. 8-93; repealed and replaced 5-25-94 by Ord. No. 9-94; 12-18-96 by Ord. No. 19-1996; repealed and replaced 7-16-97 by Ord. No. 10-1997; Ord. 5-19-10 by Ord. No. 12-2010]
Quarterly water service charges are established in accordance with the below schedule of charges with "quarterly," for purposes of this schedule, to mean three calendar months:
A. 
Residential, schools, convent, rectory, parish house uses:
[Amended 5-19-10 by Ord. No. 12-2010]
(1) 
Minimum water service fee of $75 with an allowance of 9,000 gallons of water used per quarter plus excess water usage fees at the following rates:
[Amended 7-13-05 by Ord. No. 15-2005; 4-1-10 by Ord. No. 11-2010; 12-19-12 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]
Excess Usage:
Service Charges:
9,001 to 25,000 gallons
$7.90 per thousand gallons
25,001 to 50,000 gallons
$8.25 per thousand gallons
50,001 to 100,000 gallons
$8.95 per thousand gallons
Over 100,000 gallons
$9.95 per thousand gallons
(2) 
In cases where no metering of water consumption by reason of an inoperable, damaged or removed meter occurs, the borough reserves the right to bill service charges based upon prior and past usage or upon such other factors or circumstances reasonably calculated to estimate total consumption.
(3) 
In instances where more than one tenant or residential use is supplied with water by one meter, such as but not limited to residential rental units within one structure, each additional tenant usage shall pay an additional minimum service charge of $75 per quarter with, however, such multiple users to receive an allowance of 9,000 gallons per quarter as an allowance toward computation of excess water usage rates. "Excess" water usage shall be all usage of water, on a quarterly basis, in excess of the minimum quarterly allowance hereinabove identified.
[Amended 7-13-2005 by Ord. No. 15-2005; 4-1-2010 by Ord. No. 11-2010; 12-19-2012 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]
(4) 
A single-family dwelling to which title is held and such occupied by a senior citizen shall be eligible for a 25% discount applied against the quarterly minimum residential use water rate supply service charge 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; or
(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.
(5) 
A 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 quarterly minimum residential use water rate supply service charge upon proof of each of the following:
(a) 
A permanent and total disability according to the provisions of the Federal Social Security Act, 42 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 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.
B. 
Residential uses combined with permitted commercial use:
[Amended 7-13-2005 by Ord. No. 15-2005; 4-1-2010 by Ord. No. 11-2010; 12-19-2012 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]
(1) 
The minimum water service fee of $136 per quarter with an allowance of 9,000 gallons per quarter of consumption. Service fees for consumption in excess of 9,000 gallons per quarter shall incur service fees in accordance with the following schedule:
Excess Usage:
Service Charges:
9,001 to 25,000 gallons
$7.90 per thousand gallons
25,001 to 50,000 gallons
$8.25 per thousand gallons
50,001 to 100,000 gallons
$8.95 per thousand gallons
Over 100,000 gallons
$9.95 per thousand gallons
(2) 
In instances where more than one tenant and/or user is supplied with water by one meter, each additional tenant and/or user shall pay an additional charge of $75 per quarter as a minimum service fee.
C. 
Churches: All churches shall incur water service fees at a flat rate of $75 per quarter.
[Amended 7-13-2005 by Ord. No. 15-2005; 4-1-2010 by Ord. No. 11-2010; 12-19-2012 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]
D. 
Commercial and industrial uses:
[Amended 7-13-05 by Ord. No. 15-2005; 12-19-12 by Ord. No. 21-2012; 2-16-2022 by Ord. No. 1-2022]
(1) 
Minimum water service fee of $136 per quarter with an allowance of 9,000 gallons per quarter with all excess usage greater than 9,000 gallons per quarter at the below listed rates:
Excess Usage:
Service Charges:
9,001 to 25,000 gallons
$7.90 per thousand gallons
25,001 to 50,000 gallons
$8.25 per thousand gallons
50,001 to 100,000 gallons
$8.95 per thousand gallons
Over 100,000 gallons
$9.95 per thousand gallons
(2) 
In instances where more than one tenant or principal user is supplied with water by one meter, each additional tenant or user shall pay an additional flat rate charge of $136 per quarter.
E. 
Sprinkler service fees:
[Amended 7-13-05 by Ord. No. 15-2005; 4-1-10 by Ord. No. 11-2010]
(1) 
Connections to the public water supply system shall incur flat-rate sprinkler fees based upon the size of user line connected to the public water supply system in accordance with the following schedule:
Line Diameter
Quarter Charge
3" (or less)
$ 300.00
4" (or less)
480.00
6" (or less)
960.00
8" (or less)
1,730.00
10" (or less)
2,690.00
12" (or less)
3,840.00
F. 
Fire hydrants:
(1) 
There is hereby established a fire hydrant flat-rate charge of fifty dollars ($50:) per year, per hydrant, for any hydrant owned and maintained by any property owner, tenant or occupant and connected to the water supply system of the borough.
G. 
In all cases not contemplated in the schedule of rates set forth in this section, or not clearly defined herein, the Borough Council is authorized to establish special rates and fees under such schedules or formulas as may be reasonably determined and giving due regard to the kind, character, size, demand and usage potential of such connections to the public water supply system of the borough.
A. 
Any person desiring to do plumbing work in connection with the borough water system must give satisfactory evidence that he is a regular experienced plumber. He shall make application for a plumber's license and file a satisfactory surety bond in the sum of $1,000 to indemnify the borough against any loss sustained by his failure to comply with the rules and regulations of said borough or for any other cause.
B. 
Upon approval by the Principal Public Works Manager, a license shall be granted for one year, for which the plumber shall pay the sum of $5 and this license may be renewed for an annual charge of one dollar ($1) per year. Failure of the plumber to make prompt and full return of the work done by him under the permit for violation of any of the provisions of these rules and regulations, or negligent or improper performance of the work entrusted by him, may cause his license to be revoked at the will of the Principal Public Works Manager.
[Amended 12-16-98 by Ord. No. 19-1998]
[Amended 12-16-98 by Ord. No. 19-1998]
Service pipes attached to waterworks shall in all cases have a depth of earth four and one half (4 1/2) feet measured from the grade line of the street or natural surface of the earth, except in locations where the Principal Public Works Manager may direct special construction for protection. The supply pipe shall be supplied with a curb box which shall be exposed to the surface of the ground and on a level with the top of the curb so as to be readily found. The maintenance of the curb box shall be the responsibility of the building owner.
A. 
House service lines shall be three fourths-inch Type K copper tubing connected to a three-fourths-inch brass corporation curb stop with a drain, stem and casing. Flared fittings (copper only) shall be used underground and no sweated fittings or PVC shall be permitted. In case of a multiple tap, taps shall not be less than 12 inches apart and should be staggered with a forty-five-degree angle.
B. 
Service lines shall be four and one-half (4 1/2) feet deep with a water shutoff valve installed on the corporation line. The borough's responsibility ends at the corporation line. Property owners, however, may be required to repair the service line between the curb stop and the meter at the owner's expense.
C. 
Permission will not be granted to supply two or more dwellings or buildings from a single tap.
[Amended 12-16-98 by Ord. No. 19-1998]
In all cases where more than one tenant or water taker is supplied with water by one meter, the borough will look directly to the owner of the property or his authorized agent for the entire rent of the water furnished the premises. The Principal Public Works Manager, his agents or assistants may enter at any reasonable time the premises of any water taker to examine the pipes and fixtures, the quantity of water used and the manner of its use, including the meter and the reading thereof.
Water service as provided for under the provisions of this chapter may be discontinued for any of the following reasons:
A. 
By the property owner of record, who shall provide the principal Public Works Manager at least five days advance written notice of the property owners intent to discontinue service.
B. 
For failure to maintain in good order connections, service lines or fixtures owned by the consumer.
C. 
For altering, tampering or attempting to alter or tamper with any service pipe, curb stop, seal, water meter or any other appliances or property of the Borough of Woodbury Heights.
D. 
For refusal of access at reasonable hours to the property for purposes of inspecting or for caring for or repairing or removing or reading meters.
E. 
For nonpayment of bills for service rendered or water consumed and fines and penalties imposed, or for any other reason causing or tending to cause a loss to the water service.
F. 
Failure to pay the water rent fee when due, at which time the borough may, in its discretion, enter upon such premises and cause the connection thereof leading directly or indirectly to the water and/or sewerage 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.
G. 
In no case shall the water 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 water 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.
The owner of property shall be responsible for the payment of all water bills of tenants on his property. The Water Department will read the meter and render a bill to the tenant at any time on request.
Customers vacating their premises must give notice at the Borough Clerk's office or they will be held responsible for the water bill.
[Amended 12-16-98 by Ord. No. 19-1998]
No person or persons are permitted to open any fireplug or hydrant or draw water therefrom except the Principal Public Works Manager or those acting with his permission or under his direction. The Chief of the Fire Department or a person or persons appointed by him for that purpose are authorized to use the hydrants and fireplugs for the purpose of extinguishing fire or cleaning engines or hose or Department equipment or making trials of engines or hose of the Department. All such cases shall be under the direction or supervision of the Chief or his assistants appointed by him, and in no case will an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, plug or fixture.
[Amended 12-16-98 by Ord. No. 19-1998]
At any time in the Borough of Woodbury Heights when there is a shortage of water and the community has been notified by public notice, it will be unlawful to use water except for domestic purposes without permission from the Principal Public Works Manager.
[Amended 7-2-80 by Ord. No. 5-1980; 10-21-87 by Ord. No. 18-1987 and 10-10-90 by Ord. No. 11-1990]
A penalty of 1% per month, or portion thereof, shall be imposed on all water service charges not paid by the due date. In addition, all unpaid water service fees shall be subject to all statutory penalties including shutoff of the water supply system servicing the delinquent user.
All water rents due the Borough of Woodbury Heights in January and annually each year thereafter shall be certified to the Clerk of said borough with a description of the real property affected thereby, and the Mayor and Borough Council shall include such amounts in the annual tax levy and shall levy the same upon the real property in a default.
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.