§ 82-20. Sewer user charges., Chapter 82. Fees, Part II. General Legislation, Code of Ordinances, West Windsor

Sewerage user service charge. The reasonable and necessary costs of operation and maintenance of the sanitary sewerage system(s) in and for the Township shall be borne by the users of the system(s) through payment of an annual user service charge.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COSTS

(1)

Operation and maintenance charges billed to the Township by the Stony Brook Regional Sewerage Authority.

(2)

Costs of operation and maintenance of all sewage lines and mains, pumping stations and disposal and treatment facilities operated by the Township.

SANITARY SEWERAGE SYSTEM(S): All sewerage systems which have been or may hereafter be acquired or constructed or contracted for by the Township.

SERVICE YEAR: The one-year period beginning January 1 and ending December 31.

TOWNSHIP: The Township of West Windsor.

USER: The owner of a parcel of property containing a house or other building or complex of buildings to which a sewer connection has been or may be made or notification to hook up has been made, except for those owners to whom specific variances have been granted by the Township. (The users of the Jefferson Park Sewer System and Plant are specifically excluded from this definition until January 1, 1980.)

WELL RATE: A nominal water usage of 75 gallons per day per occupant, which equates to 900 cubic feet per person per quarter.

WINTER QUARTER: A period of at least three months ending in January, February or March.

Determination of annual user service charge.

(1)

The annual service charge rate per 100 cubic feet of sewage shall be determined by the Township for each service year and shall be based on budgeted costs and anticipated sewage flow, except that there shall be a minimum quarterly flow of 1,500 cubic feet in calculating the charge.

(2)

The annual volume of sewage flow in hundreds of cubic feet charged to each user shall be equal to:

(a)

Metered sewage flow, when use of such metering has been expressly required or permitted by the Township and the necessary meter is installed and maintained by the user.

(b)

Metered water flow allocated to such user, where the amount so allocated shall be the lesser of:

[1]

The amount charged to the user during the most recent four consecutive quarters, which shall be the spring, summer and fall quarters of the previous year and the winter quarter of the current service year.

[2]

Four times the amount charged to the user during the most recent winter quarter unless, as to nonresidential users, the flow from said quarter is less than 50% of the flow of the lowest of the preceding three quarters; in such case, the charge as calculated in Subsection C(2)(a) shall apply.

(3)

Where there is insufficient data on metered sewage or water flow, the amount charged to the user shall be calculated at the rate of new users set forth in Subsection D.

Determination of initial user service charge. The initial user service charges shall be determined by the Township on an estimated basis.

(1)

New residential users. The initial user service charge shall be a flat rate based on the annual service charge rate for 3,000 cubic feet of sewage per quarter, until the following service year, when sufficient billing information is available.

(2)

New nonresidential users. The initial annual service charge shall be a flat rate based on the annual service charge rate calculated by multiplying the building floor area by .06, until the following service year, when sufficient billing information is available.

Private water supply. In instances where neither sewage flow nor allocated water flow is metered but the Township provides sewerage service, then the annual user charge shall be determined by either of the following procedures at the user's discretion:

(1)

Calculated quarterly usage based upon the well rate multiplied by the number of occupants.

(2)

Winter quarter water usage based on readings of a water meter installed on the private water supply. A suitable water meter will be furnished by the Township and properly installed and maintained by the user. The user shall permit access to such meter by authorized Township representatives during reasonable hours of the day. After a meter is installed, charges will be calculated in accordance with Subsection D(1) hereof until the next service year.

User service charges contested. In the event that it is contested by the Township or by the user that the annual service charge does not fairly reflect the amount of sewage discharged into the sanitary sewer system, the method of calculating the service charge may be adjusted accordingly by the Township on written application of the aggrieved party after hearing on notice to the other party.

Surcharges. Users disposing of waste containing higher than normal concentrations of certain constituents shall pay for this service. Such surcharges will be imposed for sewage constituents that exceed those specified by the Stony Brook Regional Sewerage Authority. The surcharges will be determined by the Township and will be sufficient to reimburse the Township for the additional costs of handling such wastes.

Starting date for user charges. User service charges shall begin either immediately upon issuance by the Township of a certificate of occupancy or 60 days following the mailing to the user by the Township of notification to hook up.

User service charges payable semiannually. Service charges shall be due and payable on March 1 and September 1 and shall draw the same interest from the time they become due as taxes upon real estate. Said charges shall be a lien upon the premises connected until paid. In the event that any such charge shall remain unpaid, such charge, with interest and costs in the event that the same exceeds $5, shall be collected by means of the same remedies as provided by law for collection of taxes on real estate. In the event that senior citizen status or financial hardship is shown by the user and is certified by the Director of Senior and Social Services, the Township may permit payments to be made quarterly (March 1, June 1, September 1 and December 1).

One water meter serving more than one dwelling unit. In the case of buildings for which there is one water meter for more than one dwelling unit, the individual unit owners shall be billed based upon the method of allocation of charges between the unit owners covered by the single meter that is set forth in the documents of the condominium association or homeowners' association for sewerage, if any, or, if not, for water charges. The aggregate amount to be divided among the unit owners shall be calculated in the manner set forth in Subsections C and D. The Tax Collector shall collect any charges due pursuant to Subsection D from individual owners billed prior to the effective date of this section, and no individual unit owner who has paid such charge shall be entitled to a refund therefor. Each applicant for development shall, in the public offering statement or other document approved by the Planning Board Attorney, notify purchasers of dwelling units in multi-unit buildings with single water meters of the manner in which they will be billed for their share of the sewer charges and shall notify the Tax Collector prior to issuance of the first certificate of occupancy for a multi-unit building with one water meter of the location of such building.

For owners of properties located within West Windsor Township but having sewer service provided by an entity outside of West Windsor Township, other than the Stony Brook Regional Sewerage Authority, the fee shall be the charges imposed by the entity providing the service plus an additional charge of 10% imposed by West Windsor Township.

[Added 5-27-2014 by Ord. No. 2014-05]

Editor's Note: This section was originally adopted as Sec. 14-4 of the Revised General Ordinances.