ORDINANCE NO. 2009-09
AN ORDINANCE AMENDING CHAPTER 7 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED
“SEWER AND WATER”
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS, as follows:
Section 1. Section 7-1 entitled “Plumbing Code.” is hereby repealed in its entirety and hereby adopted as Section 7-1 entitled “Establishment and Definitions” as follows:
7-1 ESTABLISHMENT AND DEFINITIONS.
There is hereby established a Water and Sewer Utility Department within the Borough of Harvey Cedars for the operation of water and sewer services and the charging of rates and establishing rules and regulations governing the providing of water and sewer service in the Borough of Harvey Cedars.
7-1.1 Definitions.
Commercial user shall include, but not be limited to, the following: motel, hotel, rooming house, lodging house, restaurant, tavern, soda fountain, governmental unit or agency, professional office, marina, boat yard, school, house of worship, or other nonprofit organization, hospital, nursing home, rest or convalescent home, and Laundromat.
Family or dwelling unit is hereby defined as a detached residence designed for or occupied by one (1) family only, or in the case of a commercial structure, designed for or occupied by one (1) commercial establishment. In the event a structure contains more than one single housekeeping unit or commercial establishment, the rates herein provided shall be determined by multiplying the number of such units by the minimum or base rate.
Major renovation shall mean any repair, reconstruction, rehabilitation addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the assessed value of the structure either before the improvement is started or if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is commenced when the first alteration of any structural part of the building is begun.
Section 2. Section 7-2 entitled “WATER SERVICE” is hereby repealed in its entirety and hereby re-adopted as follows:
7-2 WATER SERVICE.
7-2.1 New Connections. Prior to any connection of any property to the borough water system, there shall be paid a water connection fee of seven hundred ($700.00) dollars payable to the borough at the time of application. All water taps made and services installed must be metered.
7-2.2 Meter Connections and Fees. Each residential and commercial service within the borough shall have installed by the Public Works Department a water meter. The cost of the water meter shall be charged to the property owner in accordance with the size of the water service at the property as follows:
¾” line $250.00
1” line $305.00
1 ½” line $500.00
2” line $590.00
Meters may be purchased and installed by the property owner in accordance with and authority of the Public Works Department and its policies and procedures.
7-2.3 Installation and Repairs of Meter Pits. Each residential and commercial service shall have a meter pit installed in the borough right-of-way or easement at the property owner’s expense.
If a property has a meter pit which is not located as required above and is in good condition, the property may use the pit as located, but shall relocate the meter in conformance with this ordinance upon sale of the property.
If the property owner fails to comply with the installation or repair of their water meter pit, it shall be the duty of the Department of Public Works to arrange for installation or repair of said meter pit, which may include the hiring of an outside contractor at prevailing wage. All costs incurred for said services and materials shall be charged to the homeowner and shall be collected and enforced by the Borough according to law.
In addition to the abovementioned costs, an administrative fee of $500.00 shall be charged to the homeowner and shall be collected and enforced according to law.
7-2.4 Water Rate Schedule.
A. Residential and Commercial Customers. All residential, commercial, industrial, institutional and governmental users shall be charged a base rate per dwelling unit and on gallons used.
1. Quarterly base rate of seventy ($70.00) dollars per dwelling unit
2. Rate schedule (based on gallons used per meter):
Gallons Used Rate Per Thousand (1,000) Gallons
0 – 14,000 $ 1.40
14,001 – 25,000 $ 1.55
25,001 – 50,000 $ 3.05
50,001 – 150,000 $ 4.50
150,001 – 300,000 $ 6.60
Over 300,000 $ 7.70
B. Service Charges.
1. A service charge of fifty ($50.00) dollars shall be made each time the water is turned on, and a like charge when the water is turned off for nonpayment of bills, carelessness, leaks, or to repair a meter box or curb stop.
2. In the event the Public Works Department is called upon to turn off or turn on water service to any property after 3:30 p.m. and prior to 7:00 a.m. between Monday through Friday, or on Saturday, Sunday or holiday, there shall be a service charge of one hundred ($100.00) dollars.
C. During the year 2009, a flat rate of one hundred fifty ($150.00) dollars per quarter for two (2) consecutive quarters shall be charged to each property meter, which shall represent the base flat rate for water usage for the period of January 1, 2009 through May 30, 2009. Said quarterly rate shall be billed and due with regular quarterly bills.
7-2.5 Property Owner Responsibility.
A. Frozen Pipes. Any property owner, tenant or other person in charge of any property who permits water pipes to freeze and thereby causes a loss of water shall be liable to the borough for all loss of water at the rates fixed by this section.
B. Curb Boxes, Meters and Meter Pits. All curb boxes, meters and meter pits are and shall remain the property of the borough and shall not be tampered with. It is the property owner’s responsibility to keep meter pits and curb boxes in good condition and up to grade. The property owner shall be charged for all expenses incurred by the borough for any repair.
C. Tampering. No person, other than an employee or agent of the Borough of Harvey Cedars Water and Sewer Utility Department, shall remove, replace or, in any manner, interfere or tamper with a meter attached to a water pipe used or intended to be used to supply water. Any plumbing configuration intended to bypass the meter is prohibited and shall be considered theft of service, as well as a violation of this section.
7-2.6 Prohibited water uses. No municipal water shall be used for the pumping of piling or other construction except when circumstances would render the installation of piling impossible and in that event, the property owner may apply to the board of commissioners or its designee for relief from this prohibition. Any relief granted hereunder shall be at the sole discretion of the board of commissioners or its designee and shall be metered and billed per gallon usage as per the water rate schedule set hereinabove.
7-2.7 Violations and Penalties. Each person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-9.
Section 3. Section 7-5.4 entitled “USE OF PUBLIC SEWERS; CHARGES. User Charges” is hereby repealed in its entirety and hereby re-adopted as follows:
7-5.4 User Charges.
A. Residential and Commercial Customers. All residential, commercial, industrial, institutional and governmental users shall be charged a base rate per dwelling unit and on gallons used.
1. Quarterly base rate of sixty ($60.00) dollars per dwelling unit
2. Rate schedule (based on gallons used per meter):
Over 50,000 gallons $1.60 per thousand gallons
B. Connection Fee. Prior to any connection of any property to the borough sewer system, there shall be paid a sewer connection fee of one hundred ($100.00) dollars for new connections to the sanitary sewerage system payable to the borough at the time of application.
C. During the year 2009, a flat rate of sixty dollars ($60.00) per quarter for two (2) consecutive quarters shall be charged to each property water meter, which shall represent the base flat rate for sewer rental for the period of January 1, 2009 through May 30, 2009. Said quarterly rate shall be billed and due with regular quarterly bills.
Section 4. Section 7-9 entitled “BILLING POLICIES AND PRACTICES” is hereby supplemented and amended as follows:
7-9 BILLING POLICIES AND PRACTICES.
A. Meter readings shall be completed on a quarterly basis for billing purposes.
B. Water and sewer utility bills shall be sent by the borough on a quarterly basis for each year in March, June, September and December.
C. Payments are due by the 25th of the month on which the bill is sent out. Grace periods and interest rates shall be established by resolution each year.
No interest or penalties shall be charged on delinquent water and sewer utility accounts for governmental entities, including federal, state and local political subdivision accounts, including county government accounts, Board of Education accounts and local government accounts.
D. Billing for multi-family/use units with separate owners sharing a single meter shall be calculated according to the rate schedules hereinabove, divided by the number of said units equally, and sent to each owner.
Section 5. All of the provisions of Chapter 7 of the Revised General Ordinances of the Borough of Harvey Cedars, 1975, not inconsistent herewith, are reaffirmed and readopted as if more fully set forth herein, and any provisions of said Ordinance which are inconsistent herewith are hereby repealed.
Section 6. If any provision, section, subsection, or paragraph of this ordinance shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this ordinance.
Section 7. This Ordinance shall take effect upon final adoption after publication in accordance with law.
ADOPTED ON: July 21, 2009