[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.
Only authorized Water Department employees shall turn the water
on to any premises, and they shall, at all reasonable hours, have
free access to the premises to inspect the water system and read the
water meters.
All meters must be set by the Water Department employees.
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.
The meter belongs to the borough, but the property owner is
liable for any damage due to negligence.
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.
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.