As used in this article, the following terms
shall have the meanings or symbols indicated:
As applicable to all kilowatt hours served, the amount imposed
on the Borough by the public utility company selling electricity to
the Borough, after adjustment for electrical system losses.
The electrical service supplied to a general user.
Any user other than a residential user.
Shall be set forth as “kwh.”
The electrical service provided to a residential user.
The electric service provided to any residential user, total-electric.
A user being supplied with electricity for a complete living
unit intended for residential occupancy, churches, volunteer fire
companies and volunteer first-aid squads. Each residential user shall
be equipped with an individual electric meter. A living unit intended
for a transient or temporary occupancy, such as a motel or hotel room
shall not be considered a residential user.
A residential user which exclusively uses electricity as
a source of operating all appliances, electric systems, air-conditioning
systems and all other apparatus within a residential unit. In order
to qualify as a total-electric user, the unit receiving the supply
of electricity must have a permanent electric heating system. A residential
user, total- electric, shall also meet all requirements applied to
a residential user as set forth above.
[Amended 2-14-2005 by Ord. No. 2005-03 (967); 12-17-2007 by Ord. No. 2007-17 (1028); 3-23-2009 by Ord. No. 2009-06 (1059); 3-8-2010 by Ord. No. 2010-05 (1077); 12-19-2016 by Ord. No. 2016-16 (1160); 10-1-2018 by Ord. No. 2018-07 (1190)]
As the Borough of Lavallette is subject to a contract for the
provision of bulk electricity which imposes upon the Borough higher
rates from June 1 through September 30, the rates charged by the Borough
Electric Utility shall reflect the additional charge to the Borough
for this period. Accordingly, the bills received from the Borough
Electric Utility for July, August, September and October will reflect
the higher seasonal rate of electricity.
A.
B.
C.
The annual rate for the purchase of excess generation energy pursuant to § 24-20 of the Borough Code from a resident customer operating self-generation equipment pursuant to this chapter shall be as follows:
(1)
The rate for the period from the present through December 31, 2016,
shall be $0.04883 per kilowatt hour.
(2)
The rate for the period from January 1, 2017, through December 31,
2017, shall be $0.04869 per kilowatt hour.
(3)
The rate for the period from January 1, 2018, through December 31,
2018, shall be $0.03898 per kilowatt hour.
(4)
The rate for the period from January 1, 2019, through December 31,
2019, shall be $0.03160 per kilowatt hour.
(5)
The rate for the period from January 1, 2020, through December 31,
2020, shall be $0.03081 per kilowatt hour.
(6)
The rate for the period from January 1, 2021, through December 31,
2021, shall be $0.02931 per kilowatt hour.
(7)
The
rate for the period from January 1, 2022, through December 31, 2022,
shall be $0.02794 per kilowatt hour.
[Added 2-7-2022 by Ord. No. 2022-01 (1219)]
(8)
The
rate for the period from January 1, 2023, through December 31, 2023,
shall be $0.02704 per kilowatt hour.
[Added 2-7-2022 by Ord. No. 2022-01 (1219)]
(9)
The
rate for the period from January 1, 2024, through December 31, 2024,
shall be $0.02555 per kilowatt hour.
[Added 2-7-2022 by Ord. No. 2022-01 (1219)]
(10)
The
rate for the period from January 1, 2025, through December 31, 2025,
shall be $0.02750 per kilowatt hour.
[Added 2-7-2022 by Ord. No. 2022-01 (1219)]
A.
A separate electric meter shall be required for each
residential and general user. The electric service shall be either
continuous single or three phase service at secondary voltage.
B.
There shall be a charge of $250 for any permanent
meter installation on any building or structure and a charge of $100
for a temporary installation. These charges shall be paid to the Borough
prior to the installation of a permanent or temporary meter.
[Amended 12-20-2010 by Ord. No. 2010-18 (1090)]
C.
The user must provide a suitable and readily accessible
place on the exterior of the building or structure for installing
the electric meter. The location of the electric meter shall be approved
by the Superintendent of Public Works.
D.
All connections between the Borough's electrical distribution
lines and structures receiving electrical service shall be made by
utilizing copper entrance cable. The gauge of the copper entrance
cable shall be approved by the Superintendent of Public Works.
A.
All electric rates and charges shall be payable as
of the date of the bill to the user and shall be considered delinquent
if not paid within 30 days of such date.
B.
Electric accounts which become delinquent shall, from
the date of the delinquency, be subject to interest charged at the
rate of 18% per annum on all amounts for which such accounts are delinquent.
C.
Electric service may be discontinued, without notice,
to any user having a delinquent account.
D.
Whenever electric service to any user is disconnected
for nonpayment of rates and service charges, a fee of $100 shall be
imposed for the reinstallation of service. This charge shall be paid
to the Borough prior to service being reinstated.
[Amended 7-21-2008 by Ord. No. 2008-12 (1040)]
A.
Connection without permit prohibited. No person shall
make any connection to the municipal electric system until a connection
permit is approved and all permit fees and service charges have been
paid.
B.
Application for electric service connections.
(1)
Contents of application. All applications for electric
service and/or connection shall be made to the Superintendent of Public
Works and shall contain an assent to the rules and regulations herein
prescribed from the prospective user of the electric supply. The application
shall give the following information:
(2)
Service term. Electric service shall continue in force
from the date of the initial service unless 30 days' notice in writing
is given to the Superintendent of Public Works, requesting termination
of the service.
C.
Additional fee for connection where extraordinary
or unanticipated conditions are encountered. The Borough of Lavallette
may charge the owner or the duly authorized agent of the owner of
the property on which the electrical service is desired an additional
reasonable charge for time or materials which is incurred due to extraordinary
or unanticipated conditions encountered during connection. Such extraordinary
or unanticipated conditions may include, but are not limited to, a
requirement to disconnect additional properties or move electrical
lines or poles for construction or connection, site conditions, hidden
or underground obstructions, unique physical layout or topography
of the property or distance to existing service, or damaged or faulty
work at the point of connection of the new service. Such fees shall
be calculated and charged in advance of the connection if possible.
The reasonableness of such fees shall be determined by reference to
standard fee schedules or material rates as shall exist in and about
Ocean County. The decision of the Construction Official shall be the
final agency action in the event of any dispute over connection fees.
D.
Electric meters owned by the Borough. Electric meters
shall be made available by the Department of Public Works and shall
remain the property of the Borough of Lavallette. The user shall pay
the cost of any replacement thereof caused by negligence of the user
of the electric service.
E.
User responsible for meter. The user of the electric
service shall be held responsible for the care and protection of the
electric meter. The user shall notify the Superintendent of Public
Works of any damage to or of the nonworking of the meter as soon as
the same comes to his/her knowledge.
F.
Repairs to electric meters. Repairs to the electric
meters shall be made by the Department of Public Works at its own
expense; provided, however, that if proper protection has not been
provided, all expenses incurred by the Department of Public Works
for repairing or replacing the meter shall be charged to the user
or owner of the premises where such meter is located, in accordance
with the schedule of repair and replacement charges on file in the
office of the Department of Public Works.
G.
Measurement. The measure of use by an electric meter
shall be conclusive on both the user and the Borough of Lavallette,
except where the meter has been found to be registering incorrectly
or has ceased to register. In such case or cases, the amount of use
shall be determined by the average registration of another meter for
a period of 30 days or by the same meter for a period of 30 days after
it has been repaired and tested, during a similar use period, or the
kilowatt hours used during the previous corresponding period. The
period of similar use or the previous corresponding period shall be
determined by the Superintendent of Public Works.
H.
Tests. The Department of Public Works shall, at the
request of any user, test the electric meter. A meter shall be considered
to be functioning correctly if it records the use within 2% of absolute
correctness. If the meter is determined to be inaccurately recording
use of the kilowatt hours of usage, the rate or charge shall be adjusted:
provided, however, that the maximum adjustment shall be for one year's
average rates or charges. If the meter is found to be recording correctly,
the user shall pay a test fee of $50. The Department of Public Works
will conduct tests of the electric meters as determined to be necessary.
I.
Complaints. Complaints with regard to the character
of the service furnished, the reading of meters or bills rendered
must be made to the Department of Public Works in writing. The Superintendent
of Public Works shall make a record of such complaint, giving the
name and address of the complainant, the date, the nature of the complaint
and the remedy.
J.
Interference, tampering or unauthorized reconnection.
(1)
No person, other than an employee of the Department
of Public Works or its authorized agents, shall, without the prior
authorization of the Superintendent of Public Works, remove, replace
or in any manner interfere with an electric meter.
(2)
No person, other than an employee of the Department
of Public Works or its authorized agents, shall reconnect any service
wire, break any switch or meter seal or do any other thing for the
purpose of reestablishing service where a meter has been disconnected
by the Borough for nonpayment of a bill.
K.
Discontinuance of service.
(1)
Discontinuance by user.
(a)
Any user wishing to discontinue electric service
shall give written notice thereof at the office of the Department
of Public Works. The charge for electric service will continue until
such notice is given. Upon receipt of such notice, the Department
shall disconnect the electric service.
(b)
The charge for reconnection for the same user
within 12 months of the notice set forth above shall be $100 or the
minimum charges under the rates which would have been applicable during
the period of disconnection, whichever is greater.
(2)
Discontinuance of electric service by Department of
Public Works. Service may be disconnected by the Department of Public
Works for any of the following reasons:
(a)
For failure to maintain the electric service
connections in safe condition or failure to abate any hazardous condition.
(b)
For nonpayment of electric rates or charges
within 30 days of the due date of the payment.
(c)
For refusal of reasonable access to the property
for the purposes of inspecting or reading, caring for or removing
meters.
(d)
For fraudulent representation on the part of
the user of the electric service.
(e)
For tampering with any electric meter, seal
or other device owned by the Borough.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
