Margate City, NJ
Atlantic County
[Adopted 7-22-1976 as Art. IV of Ch. 171 of the 1976 Code
Editor's Note: Article IV of Ch. 171 of the 1976 Code was originally derived from Ord. No. 923, adopted 8-28-1975, as amended.
]

§ 269-12
Supervision and control of water plant. 

§ 269-13
Supervision of Department. 

§ 269-14
Definitions and word usage.  

§ 269-15
Contracts for service; conditions.  

§ 269-16
Water main taps and service lines.  

§ 269-17
Responsibility for pipes, stops, meters and conduits. 

§ 269-18
Responsibilities of customers; right of access. 

§ 269-19
Discontinuance of water service. 

§ 269-20
Meters. 

§ 269-21
Meter tests and adjustments.  

§ 269-22
Bills and billing.  

§ 269-23
General rules. 

§ 269-24
Sewer and water charges.  

§ 269-25
Violations and penalties.  

§ 269-12 Supervision and control of water plant.

The operation of the water plant of the City of Margate City shall be under the supervision and control of the Department of Public Works of the City of Margate City (hereinafter referred to as the "City").

§ 269-13 Supervision of Department.

The supervision of the said Department of Public Works shall be vested in the Director to whom it is assigned by the Board of Commissioners.

§ 269-14 Definitions and word usage.

[Amended 4-29-1982 by Ord. No. 1982-10]
A. 

Word usage. "Application" shall be understood to embody all the rules and regulations of this article pertaining to water and sewerage service whether this article is set forth in the "application" or not. Upon receipt of proper application by the owner of the property or his duly authorized agent, water and sewerage service will be supplied.

B. 

As used in this article, the following terms shall have the meanings indicated:

CUSTOMER
The applicant for sewerage service or water service at one household, industry or business, whether owner or tenant, who is served by the sewerage system and water system.
EQUIVALENT DWELLING UNIT (sometimes hereinafter called EDU)
The minimum unit chargeable for any properties served by the sanitary sewerage system or water system.

§ 269-15 Contracts for service; conditions.

[Amended 4-29-1982 by Ord. No. 1982-10]
A. 

All contracts and agreements covering water supply and sewerage service shall expire on the first day of January next succeeding the date of application, but all such contracts and agreements shall continue in force and effect from year to year after expiration of that date, unless 30 days' notice in writing shall be given by the customer of his desire to so terminate the same; provided, however, that nothing herein shall operate to prevent the City from discontinuing service at any time and under conditions and for reasons laid down in its rules and regulations or in this article, and, provided, further, that nothing herein shall be construed to prevent the making of contracts for extensions of service or other special conditions.

B. 

All use of water other than by the applicant, or for any purpose or upon any premises not stated or described in the application, must be presented by him. No owner or tenant of any premises supplied with water by the City shall supply other persons or families of other premises, except as may be stated in the application. The applicant shall be liable for the amount of water used in conformity with the schedule or rates of the City.

C. 

The City will not furnish service through a service pipe installed in an adjoining or adjacent property to that of the owner of the premises to be served, unless such owner obtains a perpetual easement for the installation and maintenance of said service line in a form satisfactory to the City.

§ 269-16 Water main taps and service lines.

[Amended 4-29-1982 by Ord. No. 1982-10]
A. 

Water main taps will be made only by the City or its authorized agent in every case. Notice by the customer or his authorized agent shall be delivered to the office of the City 15 days before any service is to be installed, which notice shall set forth the exact time when the trench will be open and ready for the making of the tap.

B. 

The City shall furnish and deliver to the premises of the customer a meter, corporation stop, connection, curb stop, meter box and cover plate, if required, together with all requisite meter appurtenances which shall be installed in the service pipe of the consumer at the curbline at the expense of the customer in accordance with the rates and charges hereinafter set forth. All of said supplies and materials, including the service line or lines, shall at all times be and remain the property of the City. Any damage to the meter and its appurtenances due to the negligence of the customer shall be repaired or replaced at the expense of the customer.

[Amended 3-19-1992 by Ord. No. 1992-3]

C. 

The service line installed by the customer shall be of copper pipe and copper fittings and shall not be less than one inch in diameter. The following sizes of service lines shall be installed with respect to the several size meters:

(1) 

Two inches or smaller:

Size of Meter (inches) Size of Service Line (inches)
1 1
1 1/2 1 1/2
2 2
(2) 

On meters in excess of two inches, the size of the service lines shall be as directed by the City.

§ 269-17 Responsibility for pipes, stops, meters and conduits.

A. 

Said installation of the service pipe shall be subject to the approval of the City, and the installation shall be and remain the property of the City and shall be maintained by the City.

B. 

The curb stop shall be for the exclusive use and under the control of the City, and under no circumstances shall any person, other than a licensed or registered plumber, not authorized by the City, turn off, turn on or in any way tamper with said stop.

C. 

No person or persons, except the Superintendent or other person authorized by an official of the City, shall, without a permit:

(1) 

Connect, cover or disconnect the meter, pipe or conduits of the City.

(2) 

In any other manner tamper or interfere with meters (or dials thereof), pipes or conduits.

(3) 

Connect with the meter, pipes or conduits of the City by pipes, conduits or other instruments for the purpose of obtaining water.

D. 

It shall be the duty of the customer to have installed and to properly protect the meter from injury, and the customer shall be liable for damage to or for the loss of the meter or meters occurring by reason of the customer's negligence.

§ 269-18 Responsibilities of customers; right of access.

A. 

The City may refuse to connect with any customer's piping system or to furnish water through one already connected when it is not in accordance with the plumbing rules of the City and those of the water plant or when the piping system on the premises is not at a sufficient depth to prevent freezing.

B. 

The City will not be held responsible for the resulting inadequacy of service if customers make additions or alterations to the equipment on their premises without notifying the City of the proposed changes or additions before they are made and obtaining the City's consent thereto.

C. 

The City shall have the right of access to customers' premises and to all property furnished by it at reasonable times for the purpose of reading meters or inspecting or replacing appliances used in connection with the supply of water or for the removal of its property at the time service is to be terminated. The customers shall obtain or cause to be obtained all necessary permission to enable the City to gain access to the appliances referred to. Customers shall not permit access to the meters and other appliances of the City except by authorized employees of the City or properly qualified state or local inspectors. In case of defective service, customers should interfere with the apparatus belonging to the City but should immediately notify the office of the City.

§ 269-19 Discontinuance of water service.

A. 

The City undertakes only to use reasonable care and diligence to provide a constant supply of water through its pipes, but does not undertake to render any special service or to maintain any fixed or definite quantity of pressure, and in the event of the occurrence of any break, failure or accident or injury by an act of God or the public enemy or unless caused by its negligence, the City shall not be liable for any damages resulting therefrom. The City, however, reserves the right, at any time without notice, to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes.

B. 

Service under an application may be discontinued for any of the following reasons:

(1) 

For use of water for any other property or purpose than that described in the application.

(2) 

For willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(3) 

For failure to maintain, in good order, connections, service lines or fixtures owned by the applicant.

(4) 

For molesting any service pipe, meter, curb stopcock, seal or any other appliance of the City.

(5) 

In case of vacancy of the premises.

(6) 

For neglecting to make payments or for nonpayment for water service or any other charges accruing under the application.

(7) 

For refusal of reasonable access to property for the purpose of inspecting or for reading, caring for or removing meters.

C. 

Water service will be turned off from any premises upon the order of the applicant without in any way affecting the existing agreement for service.

Editor's Note: Former Subsection D, which immediately followed this subsection and dealt with turnoff charge, was deleted 1-25-1988 by Ord. No. 1988-1.

D. 

Service will be renewed when the conditions under which service was discontinued are corrected and upon payment of all charges provided in the Schedule of Rates, Rules and Regulations of the City due from the applicant.

E. 

As necessity may arise in case of breakdown or emergency or for any other unavoidable cause, the City shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., using all reasonable and practicable measures to notify the customer of such discontinuance of service and the probable duration of the discontinuance.

F. 

All persons having boilers within their premises which depend upon the pressure in the pipes of the City to keep such boilers supplied are hereby cautioned against collapse. In such case the City shall not be liable for any damages or inconvenience suffered.

G. 

In the event of failure of water supply, hot-water faucets shall be opened at once.

§ 269-20 Meters.

A. 

All new service shall be metered at the time or before the water is turned on for regular use.

B. 

The City will furnish and install, for each customer supplied with water on a metered basis, a suitable meter and will keep the same in repair, except in the case of misuse, in which case the expense of repair or replacement shall be paid by the customer.

[Amended 4-29-1982 by Ord. No. 1982-10]

C. 

A stopcock or gate valve shall be placed on the service line on the street side of and near the meter. If a stopcock and wastecock or valve is installed on the building side of the meter, it shall be placed within the building property line of the owner's plot.

[Amended 1-27-1977 by Ord. No. 954]

D. 

Meter changes increasing capacity shall carry charges which will be the difference between the rate of charge or value of the existing meter and the rate of charge or value of the meter to be installed.

§ 269-21 Meter tests and adjustments.

[Amended 4-29-1982 by Ord. No. 1982-10; 3-19-1992 by Ord. No. 1992-3]
A. 

Test requests. The City will make a test of the accuracy of a meter upon the request of a customer, provided that such customer does not make a request for a test more frequently than once a year. The City will charge the sum of $200 payable in advance for additional tests, per year. A report giving the results of such tests will be made to the customer, and a record of such tests will be kept. When such request tests are made, the customer or someone acting for him shall be present to observe the tests.

[Amended 10-7-2010 by Ord. No. 28-2010]

B. 

Adjustments. In the case of a disputed account involving a question as to the accuracy of a meter, such meter will be promptly tested. In the event that the meter so tested is found to have an error in registration in excess of 3%, the bills will be corrected.

C. 

Allowable error. No water meter shall be placed in service nor left in service if, on testing, it registers more than 103% of the water passed or less than 97% of full capacity.

D. 

Registration of meter to be taken. Where water is furnished by a meter, the quantity recorded by it shall be taken to be the amount passing the meter, except where the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order or by such fair and reasonable method as shall be based upon the best information obtainable, solely within the discretion of the City.

E. 

In the event that a property is demolished and the water service is disconnected, the City will furnish and deliver to the premises of the customer a new meter, together with all requested meter appurtenances which shall be installed in the service pipe of the customer at the curbline at the expense of the customer in accordance with the rates and charges set forth herein.

§ 269-22 Bills and billing.

[Amended 4-29-1982 by Ord. No. 1982-10]
A. 

Metered service. Where metered service is available, bills for metered service shall be rendered annually and shall show the reading of the meter at the beginning and end of the period for which the bill is rendered. Bills may, however, be rendered semiannually at the option of the City.

B. 

Customers will be held responsible for all charges accruing for water service until written notice has been given to the office of the City to discontinue the supply or notice has been given of a change of occupancy of said premises.

C. 

If a bill remains unpaid following the due date, notice will be served on the customer stating that unless the bill, together with the delinquency penalty of 5% of the amount past due, is paid within 48 hours from the date of such notice the water supply will be discontinued. When the water is turned off under such conditions it will remain off until the amount owing is paid in full, together with the five-percent penalty charges or until arrangements for payment in full, together with the five-percent penalty charge, have been made to the satisfaction of the City, and a meter reconnection fee of $20 has been paid. If the meter reconnect is requested at a time other than regular working hours of the department, the fee will be $50.

[Amended 1-25-1988 by Ord. No. 1988-1; 2-8-2001 by Ord. No. 2001-03]

D. 

There will be no charge for turning off or turning on a water connection for any reason, or at any time, except as stated in § 269-22C, during regular working hours of the department. If the service is requested at a time other than regular working hours of the department, there will be a charge of $50.

[Amended 1-25-1988 by Ord. No. 1988-1; 2-8-2001 by Ord. No. 2001-03]

§ 269-23 General rules.

A. 

No cross-connections or interconnections connecting the pipelines or facilities of the City with other pipelines or facilities supplied with water from other sources shall be permitted without the express consent of the City and subject to the City's requirements as to valves, pipes and fittings to be used for such purpose, after permission is granted by the New Jersey State Department of Health.

B. 

All pipes, meters and fixtures shall be subject at all reasonable hours to inspection by employees of the City identified by proper badges or credentials. No plumber, owner or other unauthorized personnel shall turn the water on or off at any corporation stop or curb stop, nor disconnect or remove the meter without the consent of the City. No agent or employee of the City shall have the authority to bind the City by any promise, agreement or representation not provided for in this article.

C. 

When the supply of water is to be temporarily cut off, notice will be given, when practicable, to all customers affected by the shutting off, stating the probable duration of the interruption of service and also the purpose for which the shutoff is made.

D. 

At the option of the customer, water shall be supplied through one service pipe and one meter under one minimum charge to each separate and distinct building, provided that where a building is erected to the rear of the one fronting on the street or avenue, said building may be served through the service pipe of the front building. Where houses are erected in pairs under one roof and belong to one owner, the entire building may be served at the option of the customer through one service pipe and one meter under one minimum charge.

E. 

In one-story stores built in blocks (when all of the stores in the block are owned by one owner) the entire block may be supplied with water through one service pipe and one meter under one minimum charge at the option of the customer, provided that where the customer elects to receive and does receive service through one service pipe to more than one unit, as stated herein, he shall, in the case of a sale of any part of the premises thus supplied, immediately cause to be disconnected from water service that part of the premises so sold.

F. 

When stores are a part of a hotel, motel, house, apartment building or other building supplied with water, said stores shall be considered as one room or two rooms, as the case may be, and shall be supplied through the same service pipe and meter which supply the building of which said stores are a part.

G. 

When a building is classified as a condominium by the City of Margate City for tax and assessment purposes, each individual condominium unit within the building is required to have its own exterior water meter installed.

[Added 2-14-1985 by Ord. No. 1985-1]

§ 269-24 Sewer and water charges.

[Amended 1-27-1977 by Ord. No. 954; 2-9-1978 by Ord. No. 976; 7-13-1978 by Ord. No. 983; 2-14-1980 by Ord. No. 1980-1; 5-22-1980 by Ord. No. 1980-4; 2-11-1981 by Ord. No. 1981-2; 4-29-1982 by Ord. No. 1982-10; 2-13-1986 by Ord. No. 1986-1]
A. 

Effective January 1, 2005, sewer charges shall be made by the City and billed to the owners of real property serviced by the sanitary sewer system at a sanitary sewerage rental or charge of $330 per year for each equivalent dwelling unit.

[Amended 3-19-1992 by Ord. No. 1992-3; 3-28-1996 by Ord. No. 1996-3; 3-13-1997 by Ord. No. 1997-7; 4-7-2005 by Ord. No. 2005-8; 4-23-2009 by Ord. No. 08-2009]

(1) 

The number of EDUs in residential properties shall be determined in different instances as follows:

(a) 

Residential users.

Type of Structure EDU
Residential single-family dwelling 1
Apartment, each living unit 1
Condominium, each living unit 1
(b) 

Nonresidential users. Nonresidential users shall be charged at a minimum annual rate of one EDU, plus additional gallonage above the minimum allowance of 130,000 gallons.

(2) 

The rate for additional gallonage of sewerage service furnished for above the minimum allowance will be $2.50 per 1,000 gallons.

B. 

Each household, industry or business shall be charged rents, rates or fees or other charges for direct or indirect connection with or for the Margate City water system as follows:

[Amended 1-25-1988 by Ord. No. 1988-1; 3-19-1992 by Ord. No. 1992-3; 3-28-1996 by Ord. No. 1996-3; 4-7-2005 by Ord. No. 2005-8]

(1) 

Minimum charges and rates for water service:

[Amended 4-23-2009 by Ord. No. 08-2009]

Schedule of Minimum Charges
Size of Meter (inches) Minimum Charge Allowance (gallons)
3/4 to 1 $175 130,000
1 1/2 $215 180,000
2 $301 275,000
3 to 4 $850 700,000
6 $1,095 800,000
(2) 

The rate for additional gallonage of water service furnished for above the minimum allowance will be $1.20 per 1,000 gallons.

(3) 

Residential single-family dwellings, apartment living units and condominium living units shall be charged at the rate of individual one-inch meters where water service is supplied through a common main and common internal water system.

(4) 

Terms of payment. All bills for service under the schedules are to be rendered semiannually, or at the option of the City. Such bills are due and payable in full on or before the due date indicated on the bills.

C. 

Service to private fire-protection facilities.

(1) 

Effective September 1, 1975, and thenceforth, each person requiring private fire-protection facilities shall pay for each connection to be used exclusively for the extinguishment of fires, in addition to the charges as set forth in this article for the installation of the service connection from the main to the curb, the sum of $25 quarter-annually.

(2) 

No additional charges shall be made for sprinkler heads, fire hydrants or other fire-fighting facilities which may be attached to a private fire service connection, and no charge shall be made for water used in extinguishing fires where service is furnished under this schedule.

(3) 

The size of a private fire service connection shall in no case exceed eight inches in diameter.

(4) 

The rate provided in this schedule shall be available only for service connections used exclusively for the extinguishment of fires. If the customer desires to use water for general and industrial purposes through the same connection, or if any private service connection is used for unauthorized purposes, then the service connection shall be metered in a manner to permit accurate registration of all consumption, and § 269-24A shall apply.

(5) 

Terms of payment. All charges for private fire-protection service furnished under this schedule are to be rendered quarterly or at the option of the City, and such bills are due and payable in full within 30 days of the date rendered.

D. 

Miscellaneous charges.

[Amended 1-25-1988 by Ord. No. 1988-1; 3-19-1992 by Ord. No. 1992-3]

(1) 

Water connections, sewer connections, water meters and water meter installations. Effective January 1, 1986, and thereafter, each person receiving the service by the City to the customer for the installation of sewer connections and water meters, including all material, meter and labor thereof, shall be charged as follows:

(a) 

Water connection charges:

[Amended 6-5-2008 by Ord. No. 20-2008]

[1] 

One-inch: $4,100.

[2] 

One-and-one-half-inch: $4,800.

[3] 

Two-inch: $7,000.

[4] 

Four-inch: $4,100 plus meter cost.

[5] 

Six-inch: $4,300 plus meter cost.

(b) 

Sewer connection charges:

[Amended 6-5-2008 by Ord. No. 20-2008]

[1] 

Six-inch: $3,000.

(c) 

Meter charges. Meter charges shall be as follows:

Size of Meter (inches) Charges
1 $300.00
1 1/2 $440.00
2 $680.00
Larger sizes ordered at current prices.
(d) 

Terms of payment. Payment for the installation of the aforementioned services shall be in advance and shall accompany the application thereof.

(2) 

For hydrant permits, the charges shall be as follows:

(a) 

Jetting in pilings: service charge of $50 per day for the use of the hydrant.

(3) 

Special meter-reading charges. The special meter-reading charge for the purpose of property settlement shall be $10.

E. 

Sewers.

(1) 

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

SEWAGE
Any and all liquid waste containing animal or vegetable matter in suspension or solution and the water carrying waste from the discharge of toilets, laundry tubs, washing machines, sinks and dishwashers or any other source of water carrying bodily waste of human beings or waste containing putrescible material.
(2) 

Connections required. The owner of any house, building or structure located on a street along the line of an sewer which is now in operation or is constructed in the future in the City shall connect the drainage of all sources of sewage in his house, building or structure to the sewer. Each house shall have a separate connection to the sewer system.

(3) 

The City shall exclusively install the sewer laterals, including all labor and material and to include excavation, restoration and paving at the expense of the owner as specified in the application.

(4) 

Grease, oil and sand interceptors.

[Added 9-8-1988 by Ord. No. 1988-17]

(a) 

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent of Public Works or his/her designee, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type and capacity as approved by the Superintendent of Public Works or his/her designee and shall be so located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction and as approved by the Superintendent of Public Works or his/her designee, watertight and equipped with removable covers which, when mounted in place, shall be gastight and watertight.

[Amended 10-7-2004 by Ord. No. 2004-22]

(b) 

All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuous, efficient operation at all times.

(c) 

It is the responsibility of the establishment owner, lessee or assign to carry out all proceedings necessary to have any and all gas interceptors opened and ready for inspection and to see that the equipment is put back in proper operation after the inspection. All inspections will be conducted by the Superintendent of Public Works or his/her designee.

[Amended 10-7-2004 by Ord. No. 2004-22]

(d) 

Forms for periodic inspections will be furnished by the owner, lessee or assign and posted as close as possible to the interceptor to which it applies. The form shall also be protected from soiling. In those instances where the interceptor is chemically treated, the method and chemical of such treatment shall be approved by the Superintendent of Public Works or his/her designee. Any proposed chemical changes shall be furnished to the Superintendent of Public Works or his/her designee for approval.

[Amended 10-7-2004 by Ord. No. 2004-22]

(e) 

The fee for inspection, as required in the schedule listed, will be the same as the plumbing fee in force at the time of the requested or required inspection. The minimum fee will include the first three interceptors at one location prepared and ready for inspection. Other interceptors that are prepared and ready for inspection at the same time and are in excess of the first three units will be inspected at an additional fee to be 1/2 the minimum fee each.

[1] 

The schedule for payment of the fee for inspection is as follows:

Grease Capacity (pounds) Maximum Inspection Interval (months)
Up to 60 4
60 and over 2
[2] 

The above schedule may be altered by the Superintendent of Public Works or his/her designee if deemed necessary. The owner, lessee or assignee shall be notified, in writing, of any schedule change.

[Amended 10-7-2004 by Ord. No. 2004-22]

(f) 

All existing food service establishments without grease interceptors shall install grease interceptors and follow the inspection schedule as set forth. The existing food service establishments shall have one year from the effective date of the subsection to install a grease interceptor.

(g) 

A similar schedule will be required for all ether types of interceptors or separators. The Superintendent of Public Works or his/her designee shall be responsible for the scheduling of interceptors of all types.

[Amended 10-7-2004 by Ord. No. 2004-22]

(h) 

The Superintendent of Public Works or his/her designee shall require all interceptors to be efficient in operation and may, at the expense of the owner, lessee or assign, require all independent laboratory tests to ascertain the concentration of grease being emitted from the effluent line of the unit. All collected grease shall be kept in steel drums and stored in refrigerated coolers. Disagreeable odors shall require deodorants to combat said offensive odors.

[Amended 10-7-2004 by Ord. No. 2004-22]

§ 269-25 Violations and penalties.

[Amended 1-25-1988 by Ord. No. 1988-1]

Any person violating the provisions of this article shall be liable, upon conviction thereof, to a fine of not more than $1,000 or to imprisonment in the City or county jail for a term of not more than 90 days, or to both such fine and imprisonment.