[Adopted 6-29-1981 by Ord. No. 81-040]
[Amended 12-19-1995 by Ord. No. 95-068]
The City of Paterson (City) hereby fixes and
prescribes sewer user charges, rents, rules and regulations in connection
with and the use of sewers, drains and appurtenant facilities in the
City.
[Amended 3-12-2019 by Ord. No. 19-014; 2-23-2021 by Ord. No. 21-006; 6-10-2021 by Ord. No. 21-020]
The charges set forth in this article shall be charged [as of
July 1, 2019] retroactive to January 1, 2021.
[Amended 6-27-2006 by Ord. No. 06-058; 1-24-2012 by Ord. No.
12-001; 1-19-2016 by Ord. No. 16-002; 2-23-2021 by Ord. No. 21-006; 6-10-2021 by Ord. No. 21-020]
A.
For nonresidential properties, as well as for residential accounts
covering five or more units, as described in the table below, rates
shall have two components, consisting of a fixed fee determined by
the diameter of the pipe leading into the meter, plus a variable fee
based on the volume of water usage:
|
Fixed Fee by Meter Size:
| |
|---|---|
|
Meter Size
(inches)
|
Fixed Fee
|
|
5/8
|
$224
|
|
3/4
|
$332.15
|
|
1
|
$548.45
|
|
1.5
|
$1,089.20
|
|
2
|
$1,738.10
|
|
3
|
$3,468.50
|
|
4
|
$5,415.20
|
|
6
|
$10,822.70
|
|
Volumetric Rate per CCF:
| |
|
Residential usage of five or more units, and all commercial
usage, including industrial
|
$2.1594
|
B.
For residential accounts of four or fewer units, rates shall be set
by number of units, as follows:
|
Number of Residential Units per Sewer Billing Account
|
Annual Rate
|
|---|---|
|
1
|
$359
|
|
2
|
$682
|
|
3
|
$970
|
|
4
|
$1,293
|
C.
For the purposes of Subsections A and B, above, where individual condominium units and common areas are all covered collectively by a single account, then the common areas collectively shall constitute one additional unit. For example, if four condominium units are combined together on the same sewer account as common areas, then the account shall be treated as a five-unit account and be billed by volume under Subsection A above, rather than by units under Subsection B above.
[Added 1-24-2012 by Ord. No. 12-002]
The City of Paterson may provide sewer service to areas beyond
the City's borders. If such service is to be provided, then it shall
be in exchange for uniform and equitable fees and charges, as required
by N.J.S.A. 40A:26A-10. Any such sewer service must be pursuant to
agreements approved by resolution of the Municipal Council. The said
agreements shall under all circumstances include terms substantially
similar to the following:
A.
The rates shall be adjusted upwards from the local rates set forth above in § 407-19 or any subsequent Sewerage Rate Schedule in effect at the time, using as a baseline the Schedule's "unit charge" method and/or one of its "volume account" methods, as appropriate, or, where application of such methods is not feasible, a reasonable approximation of such methods.
[Amended 3-12-2019 by Ord. No. 19-014]
B.
In each agreement, the entire calculation of the said upward adjustment
shall be set forth in full.
C.
In each agreement, the fees and charges calculated by the Finance
Director and City Engineer shall include all of the following:
(1)
An upward adjustment to account for the true cost of sewer operation,
as funded by general revenues over and above sewer fees.
(2)
An upward adjustment to account for annual reconstruction bonds
and/or debt service.
(3)
A presumptive upward adjustment of 10% to account for any additional
administrative services and/or expenses resulting from providing the
services addressed by the agreement in question, unless it can be
shown that the actual value of the administrative services and/or
expenses was substantially higher or lower.
D.
If any portion of the above methodology cannot feasibly be applied, for any reason, under no circumstances shall the fees and charges for such use be permitted to fall below those set forth in the local rates set forth above in § 407-19 or any subsequent Sewerage Rate Schedule in effect at the time.
[Amended 3-12-2019 by Ord. No. 19-014]
All charges herein imposed for connection and
use of sewers shall bear interest from the time they become due, at
the same rates as municipal real estate taxes. Such unpaid charges
shall be a lien on the premises, and the City shall enjoy the same
remedies for the collections thereof with interest costs and penalties
as it has for the collection of taxes upon real estate.
The City of Paterson (City) may use estimated
volumes where exact measurement is impractical; in such cases, the
City reserves the right to adjust charges retroactively if additional
data is obtained at a later date.
The City reserves the right to adjust sewerage
charges or to add any volume, strength, loading, pollutant or other
surcharge imposed by the Passaic Valley Sewerage Commissioners or
any federal, state or local regulatory agency.
Where sewage flow originates from a combined
residential and large water-using nonresidential establishment or
an establishment not described above, the City reserves the right
to establish special equitable rate categories within the limitation
of law.
The City reserves the right to establish a standby
charge against any account not using the public sewer during a sewerage
billing period. The standby charge however shall not be greater than
50% of the normal flat rate for residential dwelling types, not 50%
of the most recent annual volume charge for nonresidential customers.
Charges for sewerage service shall be billed
quarterly by the City to the owners of all properties using sewers.
[Amended 3-12-2019 by Ord. No. 19-014]
All sewerage charges shall be payable to the City of Paterson
at the office of the Tax Collector, 155 Market Street, Paterson, New
Jersey 07505. Bills shall be paid by personal check or money order;
if paid in person during normal business hours, bills may be paid
in cash. At such time as the City of Paterson implements credit card
acceptance and electronic payment systems, those methods shall be
valid as well. Notwithstanding the remainder of this section, if the
City of Paterson shall duly contract with a third party for the processing
of sewer payments, then the Finance Director may administratively
approve reasonable alternate procedures for the payment of sewerage
charges.
The payment of all sewerage service charges
shall be the responsibility of the property owner. The failure of
a tenant or lessee to transmit any such charge or bill to the property
owner shall not relieve the property owner of his responsibility to
pay said bill or the right of the City to collect such charges according
to the remedies prescribed by law.
If any sewerage service charge is not paid within
30 calendar days of post date of the bill, an interest penalty shall
begin to accrue at the same rate as is charged on unpaid municipal
taxes.
[Amended 12-19-1995 by Ord. No. 95-068]
Bills to users whose charges are based on actual
water consumption (volume account on the Rate Schedule) shall be based
on 1/4 of the user's actual use in the preceding calendar year. A
credit or extra charge shall be rendered to such users in the first
quarter of each year to account for over- or underpayments due to
differences between actual and estimated use.
In the event of nonpayment of any sewerage service
charge for a period of 90 days after the date when such charge becomes
delinquent, the City may cause the service to be discontinued and
the same shall not be restored until full payment has been made of
all outstanding charges and penalties thereon plus the actual costs
of disconnecting and reconnecting the service connection. Discontinuation
of service, however, shall not abrogate the right of the City to use
whatever remedies are permitted by law to collect outstanding charges
and penalties.
[Amended 6-9-1999 by Ord. No. 99-031]
Unless a fee is provided for below, fees and
charges will be made by the City at actual cost for the following:
A.
Application for new connections: $25.
[Amended 12-2-2003 by Ord. No. 03-085]
B.
Administrative or engineering review of new connections, including field inspection of installations: See § 435-31B.
C.
Inspection, installation or repair costs of facilities
where the condition is not caused by or the responsibility of the
City.
D.
Fixed administrative fee in conjunction with connection
charges or reconnection charges: $250.
[Amended 12-2-2003 by Ord. No. 03-085; 6-26-2018 by Ord. No. 18-036]
E.
Sampling, analysis or flow monitoring charges.
F.
Damages, reconstruction or repair costs where City
facilities are damaged by others.
H.
Variable
statutory connection fees or reconnection fees:
[Added 6-26-2018 by Ord. No. 18-036]
(1)
Fee for service; timing of payment. Connection fees shall be paid
at the time that a sewer permit application is made for either service
to a new building, facility or structure or as otherwise required
by this section. The issuance of a valid sewer permit shall be a condition
precedent to the issuance of a building permit for any new building,
facility or structure or existing nonresidential building, facility
or structure for which an additional connection fee is required.
(2)
Fee for additional capacity, including change of use. An application
for additional capacity shall be made by any existing nonresidential
user whenever there is an increase in the projected sewer usage for
any existing building or unit resulting from an increase in size in
the building or unit, or resulting form a change in use. Such an application
shall also be made by an existing residential user when further dwelling
units are added to an existing site. A connection fee shall be charged
to the nonresidential user based upon the increase in projected sewer
usage associated with the aforesaid increase in size, and to a residential
user based on the increase in number of units.
(3)
Fee to reinstate service after a lapse of years; no fee for prompt
restoration. In the event that an application is made to reinstate
sewer service to a residential structure that was previously abandoned
or terminated when the prior structure was demolished or substantially
totally destroyed because of catastrophe, no additional connection
fee shall be due, provided that the application for service is made
within three years of the date of the prior termination of service.
In the event that an application is made to reinstate water service
to a nonresidential structure that was previously abandoned or terminated
when the prior structure was demolished or substantially totally destroyed
because of catastrophe, no additional connection fee shall be due,
provided that: 1) the application for service is made within two years
of the date of the prior termination of service; and 2) there is no
change in the projected sewer usage of the building. In the event
that condition 1) herein has been satisfied, but there will be an
increase in the projected sewer usage of the building, then the applicant
shall pay a connection fee only on the amount of the increase in the
projected sewer usage.
(4)
Fifty-percent fee for prompt restoration at a different location within the City of Paterson. In all situations where Subsection H(3) above would authorize a fee waiver for restoration of service at the same location after a demolition or catastrophic destruction, a fee reduction of 50% will be awarded if service is initiated at a new site within the City of Paterson, other than the original location, within the periods of time set forth within Subsection H(3). The said reduction of 50% shall be granted only where the owner of the demolished or destroyed site owned it for at least five years before the date of demolition or destruction.
(5)
Unit for connection fee. The connection fee to be paid to the City
of Paterson shall be $1,877.12 per equivalent dwelling unit (EDU),
including any proportionate fraction thereof. The minimum connection
fee per unit shall be based on one full EDU. In order to determine
the appropriate number of equivalent dwelling units per application
for nonresidential users, the projected flow criteria, as defined
in N.J.A.C. 7:14A-23.3, shall be utilized.
(6)
Sample calculations for connection fees. The following are sample
calculations for determining connection fees for connecting to the
City of Paterson sanitary sewer system:
(a)
Residential sample calculations. All residential single-family
dwelling units, including detached houses, each unit in multifamily
dwellings, garden apartment units, townhouse or condominium units,
are deemed to be one equivalent dwelling unit (EDU). For example:
[1]
Single family detached house:
|
1 EDU
|
x
|
$1,877.12
|
=
|
$1,877.12
|
|
| ||||
|
EDU
| ||||
[2]
A multifamily dwelling with three units:
|
3 EDU
|
x
|
$1,877.12
|
=
|
$5,631.36
|
|
| ||||
|
EDU
| ||||
[3]
Two buildings of garden apartments, townhouses, or condominiums,
with eight units per building:
|
8 units
|
x
|
2 buildings
|
x
|
1 EDU
|
x
|
$1,877.12
|
=
|
$30,033.92
|
|
| ||||||||
|
Building
|
Unit
|
EDU
| ||||||
(b)
Nonresidential sample calculations. In all nonresidential uses,
the projected flow criteria, as defined in N.J.A.C. 7:14A-23.3, shall
be used in order to determine the anticipated gallons per day of wastewater
flow which shall then be computed at the rate of $1,877.12 per 265
gallons of wastewater flow per day (one EDU). For example:
[1]
A 20,000-square-foot office building or shopping center with
a projected flow criteria of 0.1 gallon per square foot per day:
|
20,000 sf
|
x
|
0.1g/sf/day
|
x
|
1 EDU
|
x
|
$1,877.12
|
=
|
$14,166.94
|
|
| ||||||||
|
265g/day
|
EDU
| |||||||
[2]
A fast-food restaurant with 70 seats and a projected flow criteria
of 15 gallons per seat per day:
|
70 seats
|
x
|
15 gal/day
|
x
|
1 EDU
|
x
|
$1,877.12
|
=
|
$7,437.65
|
|
| ||||||||
|
Seat
|
265g/day
|
EDU
| ||||||
(7)
Minimum fee. In no event shall the minimum connection fee as outlined
above for any nonresidential building be less than $1,877.12.
(8)
Housing authorities and nonprofits. As required by N.J.S.A. 40:14B-22.3,
connection fees to public housing authorities and nonprofit organizations
building affordable housing projects that consists of new connections
to the system are to be computed by providing a reduction of 50% in
the connection fee established in this subsection. Connection fees
to public housing authorities and nonprofit organizations building
affordable housing projects that consist of replacement units for
demolished or refurbished units, and for which a connection fee was
previously paid, are to be computed by charging the lesser of the
reduced rate of 50% of the connection fee established in this rate
schedule or the connection fee established in this subsection, minus
a credit in the amount of a connection fee previously paid for the
housing units being replaced, provided the public housing authority
and nonprofit organization can establish the connection fee previously
paid. If the amount of the previous connection fee cannot be established,
the reduced rate of 50% of the connection fee established in this
subsection shall apply.
