Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-14-1971 as Section 12-1 of Ch. XII of the Revised General Ordinances, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Water Department — See Ch. 4.
Sewer and Water Department fees — See Ch. 73
Sewer connections — See Ch. 111.
Sewers — See Ch. 112.
Storm sewers — See Ch. 120.
Protection of water supply — See Ch. 143.
Individual sewage disposal systems — See Ch. 172.
Water supply — See Ch. 178.

§ 142-1 Regulations.

The following regulations shall be considered a part of the contract with every person who uses water, and the fact of using water shall be considered as expressing assent on the part of the user to be bound thereby:
A. 
All applications for the use of water shall be made by the owner of the property on blank forms furnished by the Water Department and shall state fully all uses to which the water is to be applied, and should it subsequently be required for other purposes, notice shall be given by the owner before any change is made.
B. 
A supply of water for building or other special purposes shall be separately applied for.
C. 
Service connection shall mean a pipe or pipes connected to the main and extending into privately or publicly owned property or premises for supplying Town water thereto.
[Added 7-28-2015 by Ord. No. 15-12]
D. 
Tapping or making a tap shall mean the physical act of breaking into a main to install a service connection.
[Added 7-28-2015 by Ord. No. 15-12]
E. 
Water service tap installation shall mean the curb box and the portion of the service connection which connects the curb box to the water main and lies generally within the street right-of-way.
[Added 7-28-2015 by Ord. No. 15-12]
F. 
User service line shall mean the length of pipe, lying generally outside of the street right-of-way, which connects the curb box to the building to be served with water, and shall include a water meter installed in an underground pit, as directed by and to the specifications of the Town of Clinton Water Department. Installation of meters in any building shall be performed only when, and as permitted by the Water Department, upon the Department’s determination that the meter installation in an underground pit is not feasible. The user or property owner shall be responsible for installation of the user service line, except that water meters on all user service lines not exceeding two-inch diameter shall be provided and installed by the Water Department.
[Added 7-28-2015 by Ord. No. 15-12]
G. 
Where a tap for a service connection to any water main is required, application shall be made either by the property owner or by the licensed plumber contracting or doing the plumbing work on triplicate blank forms furnished by the Water Department, and the applicant shall pay a connection charge consisting of two separate fees: a service connection fee, and a water tap installation fee.
[Amended 11-14-1972; 5-8-1979 by Ord. No. 79-4; 4-22-1980 by Ord. No. 80-3; 3-26-1985 by Ord. No. 85-4; 7-28-2015 by Ord. No. 15-12]
(1) 
Service connection fee shall be as indicated in Chapter 73, Fees, and shall be computed in the following manner to represent a fair payment toward the cost of the system:
(a) 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and interest thereon, paid by the Town of Clinton to defray the capital cost of developing the system as of the end of the immediately preceding fiscal year of the Town shall be added to all capital expenditures made by the Town not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding fiscal year.
(b) 
Any gifts, contributions or subsidies to the authority received from, and not reimbursed or reimbursable to any federal, state, county or municipal government or agency or any private person, and that portion of amounts paid to the Town of Clinton by a public entity under a fully executed water service agreement which is not repaid to the public entity by the authority, shall then be subtracted.
(c) 
The remainder shall be divided by the total number of service units served by the Town of Clinton at the end of the immediately preceding fiscal year of the Town, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector, to produce the connector's contribution to the cost of the system. In attributing service units to each connector, the estimated average daily flow of water for the connector shall be divided by the average daily flow of water to the average single family residence in the authority's district, to produce the number of service units to be attributed.
(d) 
The service connection fee shall be recomputed at the end of each fiscal year of the Town of Clinton, after a public hearing is held, and shall be indicated in Chapter 73, Fees. The revised connection fee shall be imposed upon those who subsequently connect in that fiscal year to the system.
(e) 
The foregoing notwithstanding, the Town of Clinton shall not impose any charges or fees in excess of the cost of water actually used for any sprinkler system required to be installed in any residential health care facility pursuant to the Health Care Facilities Planning Act, P.L. 1971, c. 136 (C. 26:2H-1 et seq.) and regulations promulgated thereunder or in any rooming or boarding house pursuant to the Rooming and Boarding House Act of 1979, P.L. 1979, c. 496 (C. 55:13B-1 et al.) and regulations promulgated thereunder.
(2) 
The Mayor and Council shall have the right to modify or eliminate the connection fee herein described if the Mayor and Council determine and find that the applicant for the service connection has in the course of his installation of improvements contributed to an increase in the water reserve capacity of the Town, the amount of such modification of service connection charge being in proportion to the value of the increase of water reserve capacity. As herein used, "water reserve capacity" shall constitute storage towers, pressure tanks or other above- or below-ground reserve sources but shall not include transmission lines or other lines designed for the conducting of water from place to place.
(3) 
Water service tap installation fee.
(a) 
Water service taps not exceeding two inches in diameter shall be installed by the Town of Clinton Water Department. The service tap installation fee shall be as indicated in Chapter 73, Fees.
[1] 
Additional charges, as indicated in § 142-9. Extraordinary charges for service connections, shall be paid by owner or applicant, where applicable.
(b) 
Water service taps larger than two inches in diameter shall be performed under the supervision of the Water Department Superintendent or his agent. It shall be the owner’s or applicant’s responsibility to hire a private contractor to perform the installation at the owner’s or applicant’s expense.
[1] 
Owner or applicant shall be responsible for reasonable inspection fees, and shall post with the Town of Clinton an initial inspection escrow in the amount set forth in Chapter 73, Fees. Owner or Applicant shall be advised of any anticipated shortage in escrow account of inspection fees, and shall post and pay such fees in escrow and as determined by the Water Department before any further inspection shall be conducted or final approval granted.
[2] 
Where a road opening permit is required by local municipal ordinance, owner or applicant shall be responsible to secure the road opening permit.
H. 
No water service tap or user service line shall be installed unless it conforms to specifications promulgated by the Water Department. A copy of such specifications shall be kept on file with the Water Department and shall be open to inspection by any person interested. The installation shall be done by a plumber qualified to do plumbing work under municipal regulations.
[Added 7-28-2015 by Ord. No. 15-12]
I. 
Type K copper lines shall be used for all service lines from the meter to the curb box if said lines do not exceed two inches in diameter. Larger diameter service lines shall be Class 52 ductile pipe.
[Added 5-8-1979 byOrd. No. 79-4; amended 7-28-2015 by Ord. No. 15-12]
J. 
Any run of copper water line two inches in diameter or less and less than 100 feet in length shall be one continuous run without couplings unless otherwise approved, in writing, by the Public Works/Business Administrator.
[Added 9-11-1979 by Ord. No. 79-9; amended 12-12-1995 by Ord. No. 95-16; 7-28-2015 by Ord. No. 15-12]
K. 
The service connection fee and the water service tap installation fee shall be due and payable upon the filing of an application for a water connection permit with the Town of Clinton Water Department on such forms and subject to such information, documentation and data as may be required by the Water Department. Any extraordinary charges as defined in § 142-9 Extraordinary charges for service connections, and any extra inspection costs shall be due and payable prior to the water service being activated.
[Added 7-28-2015 by Ord. No. 15-12]

§ 142-2 Meters.

A. 
All existing and new services shall be metered in accordance with a plan of installation of meters promulgated by the Water Committee.
B. 
The Water Department must designate or approve the location and type of all meters. On all new construction, the meters shall be installed in an underground pit, unless specifically deemed not feasible by the Water Department; in such situations, the Water Department must specifically approve the meter installation inside the building; water services inside buildings shall have a break of sufficient size to take care of the proper meter, three feet above the finished floor and six inches from the wall on the house side of the main shutoff, so that a meter may be installed. There shall be no outlets on the street side of the meter.
[Amended 5-8-1979 by Ord. No. 79-4; 7-28-2015 by Ord. No. 15-12]
C. 
Meters on all user service lines up to two inch diameter shall be provided and installed by the Water Department. The owner shall provide at his expense:
[Added 7-28-2015 by Ord. No. 15-12]
(1) 
An inlet and outlet shutoff valve.
(2) 
Suitable provision for the meter to be horizontally mounted, in an underground pit, or as approved by the Water Department.
(3) 
A free, unobstructed space for the meter from the floor to a point 24 inches above the top of the meter and at least 18 inches on each side thereof.
D. 
All meters must be protected from freezing; the area adjacent thereto must be kept free of rubbish and obstructions, and all meters must be located so as to be readily accessible for reading, testing, repair or removal when required.
[Added 7-28-2015 by Ord. No. 15-12[1]]
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsections C, D, E, F, G, H, I, J and K as Subsections E, F, G, H, I, J, K, L and M, respectively.
E. 
The Water Department will install a remote readout wherever feasible to a place designated by the Department.
F. 
For all existing buildings, the owner of each property now using water supplied by the Water Department and desiring to continue the same and each applicant for new water service shall provide a suitable place for the installation of the type of meter in common use by the Water Department, with a readily accessible shutoff valve between the meter and the main; if this is impossible and a special outdoor meter is used, the owner shall pay the additional cost of such special outdoor meter.
G. 
When a meter is to be installed and the pipe or pipes to which it is to be connected are in such poor condition that, the opinion of the Superintendent of the Water Department, they may be broken or damaged by the installation, the Superintendent shall serve written notice on the owner to repair or replace the pipes within 30 days so that the meter may be safely installed. If such repair or replacement is not completed within 30 days, the water service may be discontinued.
H. 
Property owners shall be held responsible for damages done to meters from any cause whatsoever. Cost of repairs or replacement shall be charged against and billed to the property owner.
I. 
Should a consumer believe that the meter is not registering properly, the consumer shall file a complaint with the Department and the meter shall be removed and tested by the Department. If it is found to register against the consumer by more than 3% inaccuracy, there shall be no charge for removing, repairing and resetting the meter. If meter is found to register against the consumer but less than 3%, a minimum charge as indicated in Chapter 73, Fees, shall be made for the test. The Department shall have the right to make periodic tests of all meters at no cost to the consumer.
[Amended 7-28-2015 by Ord. No. 15-12]
J. 
If a meter is out of order and fails to register, the consumption shall be charged at the average consumption over the previous year or as long as the meter has been installed if less than a year.
K. 
All meters over two inches shall be purchased and installed by the property owner to the specifications of the Water Department.
[Amended 3-12-1985 by Ord. No. 85-1; 7-28-2015 by Ord. No. 15-12]
L. 
All meters over four inches must be tested for accuracy every four years at the property owner's expense and certified to the Water Department as to its accuracy.
[Added 3-12-1985 by Ord. No. 85-1; amended 7-28-2015 by Ord. No. 15-12]
M. 
Readings on the inside water meter, unless broken or proven inaccurate by a test, shall be taken as true and will be billed as such. All water recorded on the meter will be charged to the property owner.
[Added 3-12-1985 by Ord. No. 85-1]

§ 142-3 Discontinuance and resumption of service.

A. 
Where more than one property is serviced by one private line from one curb box, the owners shall provide a curb box and shutoff valve outside each building so that service to each property may be cut off without disturbing the service to the other properties, and the Water Department shall have the right at any time to enter the properties to shut off and turn on the water.
B. 
All water system components (including water meters installed on user service lines) shall be operated only by the Superintendent of the Water Department or his agent or by any other person having written permission from the Superintendent to do so.
[Amended 7-28-2015 by Ord. No. 15-12]
C. 
No rebate shall be allowed customers for temporary discontinuance of service unless the water is turned off and on by an agent of the Water Department upon written application to the Water Department office. A charge as provided in Chapter 73, Fees, shall be made for either turning off or turning on the water. The customer shall be held responsible for all charges accruing for water service until written notice has been given to the office of the Water Department to discontinue the supply.
[Amended 3-26-1985 by Ord. No. 85-4]
D. 
Any owner or customer who vacates or sells property which is connected to the supply of the Water Department without giving written notice to the Water Department to discontinue service prior to such vacancy or change shall be held responsible for all charges accruing on the premises.
E. 
As necessity may arise, in case of breakdown, emergency or any other unavoidable cause, the Water Department shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., but the Water Department shall use reasonable and practicable measures to notify the consumer or discontinuance of service.
F. 
The Water Department reserves the right without liability to require discontinuance of use of water through outside faucets or hose connections if the supply of water is inadequate or in case of breaks, repairs or extensions to mains.
G. 
Service may be discontinued by the Water Department for any of the following reasons:
(1) 
For the use of water for any other property or purpose than that described in the application.
(2) 
Under the flat-rate service, for addition to property or fixtures, or increase without notice to the Water Department in the use to be made of water supply.
(3) 
For willful or careless waste of water through improper or imperfect pipes, fixtures or otherwise.
(4) 
For failure to maintain in good order connections, service lines or fixtures owned or controlled by the applicant.
(5) 
For tampering with or damaging any service pipe, meter, curb stopcock, seal or any other appliance of the Water Department.
(6) 
In case of vacancy of premises.
(7) 
For nonpayment for water service or any other charges accruing under the application.
(8) 
For refusal of reasonable access to property for purposes of inspection, installation or repair.
(9) 
As provided in Subsection D.
(10) 
For violation of Subsection F.
H. 
When two or more parties take water through one service pipe, the provision in regard to the cutting off of the supply pipe shall be applicable to all parties although one or more of them may be innocent of any cause of offense.
I. 
Service shall be renewed under a proper application when conditions under which service was discontinued are corrected and upon the payment of all proper charges due from the customer as provided in the schedule of rates or tariffs of the Water Department.
J. 
Fees as indicated in Chapter 73, Fees, shall be charged.
[Added 7-28-2015 by Ord. No. 15-12]

§ 142-4 Rents and charges.

[Amended 3-22-1983 by Ord. No. 83-3; 3-24-2009 by Ord. No. 09-01]
The annual rentals or charges hereby fixed and officially established by the Town of Clinton as the rates or rentals to be charged to all customers of the water system, both private and municipal, shall be those rates set forth in the most recent tariff adopted by ordinance and filed with the Board of Public Utilities. A copy of the most recent tariff shall be kept on file and available for inspection by the Town Clerk.

§ 142-5 Payment of bills.

A. 
Water rents under a flat-rate contract shall be due and payable quarterly in advance on the first days of January, April, July and October of each year.
B. 
Water rents under metered service shall be due and payable quarterly within 10 days after bills are mailed for the same.
C. 
If a bill remains unpaid for a period of over 30 days after mailing or presentation, notice shall be served or mailed that unless the bill is paid within 20 days from the date of notice, the water supply will be turned off and remain off until the amount owing is paid in full or until satisfactory arrangement for payment has been made, plus $20 on/off charge.
[Amended 3-12-1985 by Ord. No. 85-1]

§ 142-6 Use of water.

A. 
Customers supplied with water under a flat-rate contract shall not be permitted to use the water for any other purpose than stated in the application or agreement, nor to supply water in any way to any other person, house or premises without a written permit from the Water Department. No additions, alterations or extensions shall be made or caused to be made in any water pipes or fixtures without giving notice of such proposed additions or alterations, and the rate charged shall be prorated from the date on which the additions and extensions are made.
B. 
The use of water for power purposes is prohibited except by meter service.
C. 
All connections shall meet the standards as approved by the New Jersey Department of Health as relating to connections and cross-connections.
D. 
No person except the Public Works/Business Administrator or other authorized person shall take water from any public fire hydrant or hose plug, except for the use of the Fire Department in case of fire or for drills; and no public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters or for any other than fire purposes except with the approval of the Water Department.
[Amended 12-12-1995 by Ord. No. 95-16]
E. 
The Water Department reserves the right to make changes from time to time in its rates, rules and regulations.
F. 
All persons using water shall keep the user service lines and fixtures within their premises, in good repair and shall protect the same from frost at their own expense. If the owner of any premises neglects or refuses to repair a leak within 24 hours after the receipt of notice from the Water Department directing the repairs, the water supply for such premises shall be shut off at the main or at the curb, and service shall not be resumed for the premises until after all repairs ordered have been made and expenses incurred by the Water Department have been paid to it.
[Amended 7-28-2015 by Ord. No. 15-12]
G. 
Owners of premises shall be held responsible for the cost of water consumed by the tenants, and unpaid water rents shall become a lien on the property.
H. 
All user service lines shall be repaired and maintained by and at the expense of the property owner. Where it becomes necessary for the property owner to repair a user service line, only such user service lines as in the opinion of the Superintendent are in a sufficiently good condition to warrant these repairs shall be allowed to remain in the ground. All other user service lines shall be replaced with a new line. Whenever user service lines are replaced or repaired, any trench shall be left open for inspection and approved by the Water Department.
[Amended 7-28-2015 by Ord. No. 15-12]

§ 142-7 Line extensions.

[Added 12-11-1973]
A. 
All water main line extensions shall be made at the expense of the applicant therefor, except as hereinafter set forth, after determination by the Mayor and Council that the Water Department has adequate distribution capacity and pressure to service the same and that the same can be accomplished in accordance with the Master Water Plan design for future expansion and, otherwise, that the same is in the best interests of the existing customers of the Water Department. The applicant shall submit five copies of a water utility plan, plus a review fee of $500 to the Water Department for said waterline extension. After approval by the Water Department, the terms and conditions of such extension as agreed upon shall be formalized in a written agreement between the applicant and the Town. The applicant shall be responsible for the costs of all engineering and legal fees incurred by the Town to review the water utility plan and prepare the written agreement. In the event that the engineering and legal costs are less than the review fee, the balance shall be returned to the applicant.
[Amended 3-12-1985 by Ord. No. 85-1]
B. 
No water main line extension agreement shall provide for any refund to the installer thereof for all or any part of the cost thereof based upon taps thereto or usage therefrom, and no contribution to the cost thereof shall be made by the Town except as provided in § 142-1C and except as provided by the following:
(1) 
Where the water main line extension shall provide for lines in excess of eight inches in diameter or shall provide for unusual facilities appurtenant thereto, and where the same is a part of the master water plan design for future expansion or otherwise uniquely contributes to the distribution network of the Water Department, and where estimated net revenues in excess of normal Water Department operating costs applicable thereto from new customers utilizing such extension or unusual facilities appurtenant thereto shall, within a period of time deemed by the Mayor and Council to be reasonable, result in full or substantial reimbursement to the Town for its proposed contribution thereto, and where the Mayor and Council in its sole discretion deems the proposed contribution within the financial capability of the Water Department to pay and otherwise to be a prudent and reasonable exercise of business judgment in the conducting of the business affairs of the Water Department, then and in that event the Mayor and Council shall have the right, in its sole discretion, by resolution setting forth its findings in compliance with this subsection, to reimburse, contribute to or otherwise allow to the applicant by reduction of tap-in charge per house, or otherwise, all or part of such costs of the water main line extension applicable to such cost in excess of an eight-inch-diameter pipeline or unusual facilities appurtenant thereto.
(2) 
Nothing herein contained is intended to limit the right of the Town to make water main line extensions as a local improvement and assess the costs thereof against properties benefited thereby in accordance with N.J.S.A. 40:56-1 et seq., where the application of such method of improvement shall be deemed fair, equitable and impartial as among all persons similarly circumstanced.
(3) 
Nothing herein contained is intended to limit the right of the Town to make water main line extensions, with the cost thereof to be allocated or paid in whole or in part by a method other than as otherwise set forth in this subsection based upon supervening public interest, or to modify an established pattern of allocating the cost of water main line extensions where altered circumstances reasonably so dictate.

§ 142-8 (Reserved) [1]

[1]
Editor’s Note: Former § 142-8, added 5-8-1979 by Ord. No. 79-4, as amended, was repealed 7-28-2015 by Ord. No. 15-12.

§ 142-9 Extraordinary charges for service connections.

[Added 5-8-1979 by Ord. No. 79-4; amended 12-12-1995 by Ord. No. 95-16; 7-28-2015 by Ord. No. 15-12]
In addition to any other charges herein described for a tap for any service connection to any water main, the applicant shall pay to the Town any extraordinary costs incurred by the Town in said connection, including, by way of example and not by way of limitation, excavations in excess of eight feet in depth, where rock excavation is encountered, where water tap runs in excess of 40 feet, where a road opening permit is required under the local municipal ordinance, and where open cut of roadway is not permitted. The Public Works/Business Administrator shall certify to the applicant said extraordinary costs when the same has been fully determined, and the same shall be due and prior to the water being turned on. Any applicant objecting to the calculation of said extraordinary costs shall have the right to appeal the imposition thereof by written notice to the Mayor and Council of the Town within 30 days of receipt of said notice, and the Mayor and Council shall within 30 days conduct a hearing thereon and certify to the applicant the amount of such charges, which determination shall be binding on applicant.

§ 142-10 Lawn sprinkler and irrigation systems.

[Added 9-8-1987 by Ord. No. 87-16]
A. 
All permanent lawn sprinkler or irrigation systems shall be equipped with approved vacuum breaker and check valve to protect the public water supply from contamination.
B. 
Lawn sprinkler or irrigation systems capable of using in excess of 10 gallons of water per minute collectively are subject to the following:
(1) 
Water service to all such systems shall be limited to the hours between 11:00 p.m. and 6:00 a.m. unless otherwise authorized by the Town of Clinton Water Department for reasons such as installation of new lawns, sod, shrubs or such other reasons as, in the opinion of the Clinton Water Department, justify variation from these hours.
(2) 
In order to preserve the ability of the water system to deliver adequate water at sufficient pressure, the Town of Clinton Water Department reserves the right to restrict the total number of sprinkler heads to be used in any lawn sprinkler or irrigation system, to limit or alter the hours during which sprinkler or irrigation systems may operate or to prohibit entirely lawn sprinkling and irrigation systems in times of drought or other water emergency.
(3) 
Any emergency drought restrictions, whether imposed by the Town or the State of New Jersey, shall supersede the terms of this section.
(4) 
The Town of Clinton Water Department shall have the right to discontinue service to any customer on the failure of the customer to comply with the terms of this section.

§ 142-11 Water reservation application.

[Added 3-24-2015 by Ord. No. 15-01[1]]
A. 
Applicability. Any applicant, with the consent of the property owner, within the service area of the Town of Clinton water system, may apply to the Town of Clinton Water Department for water reservation. An application for water reservation is required for any proposed project that will require the construction of a new water main extension for the service or any project that will generate an increase in demand, as determined in accordance with N.J.A.C. 7:10-12. If necessary, the applicant shall be responsible to extend the Town's water main to the property and to construct other water system improvements as may be necessary to reliably serve the proposed development in accordance with the Town's standards and any applicable water service agreement and any reasonable standards established by the Water Department's consulting engineer.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LARGE WATER PROJECT
Any project not fitting the definition of a "small water project" for which the water reservation requested is greater than 1,000 gallons per day or requires water system extension permits from the New Jersey Department of Environmental Protection.
QUARTERLY LETTER OF WATER AVAILABILITY
The letter published by the Town of Clinton Water Department which defines the amount of water available at the time of publication of the letter. Developers are advised that such quarterly letter of water availability is subject to the progress and volume of water reservation applications by other applicants as well as the variable nature of existing system demands and that they pursue their land use development and regulatory approvals needed to secure eligibility for water reservation application, at their own risk. The Town cannot and does not guaranty that the quantities of water set forth in the quarterly letter of water availability will exist in the future but will make its best efforts to produce those quantities subject to regulation and oversight by the New Jersey Department of Environment Protection (DEP), regulations of the New Jersey Highland Council, water availability and other factors.
SMALL WATER PROJECT
Any project for which the water reservation amount requested is less than 1,000 gallons per day.
TOWN OF CLINTON WATER SYSTEM SERVICE AREA
Shall be depicted on the water service area map maintained and periodically updated by the Town of Clinton Water Department, showing all existing properties served, limits of existing water distribution system infrastructure, and surrounded by a service area boundary.
WATER COMMITTEE
Shall refer to three members of the governing body appointed by the Mayor whose responsibility shall be the supervision, management and control of the Clinton Water Department. Any decision of the Water Committee is subject to the review and approval of the Mayor and Council of the Town of Clinton.
WATER RESERVATION
The binding commitment of the Clinton Water Department to provide potable water service in sufficient quality and quantity to a proposed project in accordance with applicable water system regulations and standards. Project-specific conditions may require the formulation and execution of a project-specific agreement addressing water supply and infrastructure improvements beyond that established by the water reservation ("water agreements"). A water reservation is valid for one year and can be renewed in accordance with the review and renewal procedures set forth herein.
WILL SERVE LETTERS
The ability for the Clinton Water Department to provide a nonbinding, written confirmation of water availability for a particular project located within the Clinton Water Department's service area. Said approval will only be provided if there is currently adequate capacity in the Town's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Town of Clinton Water Department. The receipt of a will serve letter by an applicant does not preclude an applicant from applying for water reservation as indicated above.
C. 
Application. The application for water reservation shall be on the forms prescribed by the Water Department, which shall include but not be limited to the following:
(1) 
The name and address of the applicant;
(2) 
The address of the property and the tax lot and block designation;
(3) 
A description of the existing use of the property;
(4) 
A description of the proposed use of the property and/or the type of building(s) to be constructed thereon;
(5) 
An approved preliminary and/or final subdivision plan, site plan and/or any necessary variance approval, general development plan, zoning permit or redevelopment plan of the proposed project indicating the number of proposed lots and the proposed uses on each lot.
(6) 
Proof of submission to the Council on Affordable Housing requesting substantive certification and/or an approved letter from the Council on Affordable Housing which provides substantive certification for municipally funded affordable housing projects, or a court-ordered final judgment of response as it relates to affordable housing within the municipality in question;
(7) 
An estimate of the average daily water usage required by the proposed use of the property;
(8) 
An estimate of the dates of anticipated water service connection and water meter installation to the Town's water system;
(9) 
An agreement by the applicant to abide by and accept all of the provisions of this chapter and such rules and regulations as may be promulgated by the Town; and
(10) 
Any additional information as may be required by the Water Department or its consulting engineer to assist in the processing of said application.
D. 
Application priority.
(1) 
All applications for water reservation will be reviewed for completeness and, once deemed complete, assigned a water reservation number and forwarded for review based upon the order in which they were received by the Water Department Clerk. The priority in terms of allocating capacity shall be based upon the order in which water reservation applications are approved by the Water Committee with the exception of affordable housing projects that are fully funded by the municipality can provide proof of submission to the Council on Affordable Housing requesting substantive certification and/or written confirmation from the New Jersey Council on Affordable Housing (COAH) that their project has received substantive certification and/or a court-ordered final judgment of response as it relates to affordable housing within the municipality in question. Projects that fall under this category shall receive priority and, if their application for water reservation is deemed complete, shall have their water immediately reserved so long as the other conditions in this section have been met. In the event a municipality has its substantive certification rescinded by COAH, or should it abandon the approved project, it will relinquish its rights to its approved water reservation, and said allocation will be available for future applicants.
(2) 
Unless explicitly listed in this section or required by state or federal law, no other factors shall determine the priority of a water reservation.
E. 
Time limit.
(1) 
From the date of issue, an approved water reservation shall be valid for a period of one year. Within 60 days of the expiration of the water reservation, the Water consulting engineer shall conduct a review of the water reservation and may request supplemental information from the applicant in order to establish the validity and currency of the water reservation. Applicants must maintain their eligibility for water reservation by conforming to the conditions of their applicable land use approvals, obtaining regulatory approvals and documenting the efforts taken to advance the proposed project. To extend the validity period of the approved water reservation, developers must establish that they have acted diligently and taken all reasonable steps to advance the development of the proposed project. They must demonstrate they have diligently pursued any required land use approvals, secured or diligently pursued any other necessary approvals from other agencies and acquired all necessary rights-of-way or easements. Developers may be required to show evidence they have met these goals to preserve their water reservation.
(2) 
The water reservation shall be void unless water service is actually extended to the subject property during the time period which the water reservation is valid. The water reservation may be renewed for longer periods at the discretion of the Water Committee to coincide with the expiration date of or an extension granted for a permit issued by NJDEP to construct/modify/operate public water works facilities relating to the subject project. The applicant must apply to the Water Committee for any such extensions in writing.
(3) 
In the event that the water service connection is not completed within the period set forth above, the water reservation shall expire if not renewed, and any portion of the water reservation for which connections have not been made will revert to the Town for use in addressing other water reservation applications.
F. 
Water reservation fee. A water reservation fee in an amount to be determined in accordance with law and the rules and regulations of the Water Department shall be paid to the Water Department at the time of application and at each renewal. Nonpayment of the water reservation fee will result in termination of the water reservation.
G. 
Transfer of water reservations. Transfer of an approved water reservation is prohibited, with the exception of affordable housing projects located within the same municipality, provided that all interested parties consent. A water reservation within the Town's water supply system shall not be traded, sold or otherwise reallocated by an applicant, unless the property identified in the water reservation is sold to a new owner, in which case the water reservation will run with the land to the extent necessary to affect the intent of the water reservation. Water reservations for any project on specific parcels of land shall not be assignable to any other project. In the event that a project is abandoned or the construction of the same does not utilize the entire water reservation granted to it, the unused allocation shall revert to the Town and shall become available for water reservation in accordance with the procedures set forth in this subsection. Should the scope of a project change and additional water allocation be required, the incremental increase in allocation requested shall be treated as a new water reservation application.
H. 
Small project water reservation applications.
(1) 
Application fee. An application fee, as provided in Chapter 73, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the administrative costs associated with the review of the application.
(2) 
Application review. Applications for water reservation as defined above shall be reviewed by the Water Superintendent and/or water engineer, who in turn will provide a recommendation to the Water Committee. A water reservation shall be issued, provided that a determination is made that there is currently adequate capacity in the Town's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Town of Clinton Water Department.
(3) 
Application determination. The Water Committee shall approve or deny the application within 30 business days of receipt of a complete application. The Town reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed five business days if additional time is required for processing said application. The failure of the Town to render a decision within the aforesaid time period shall constitute a denial of the application without prejudice.
(4) 
Monthly report. The Water Superintendent will prepare and submit a monthly report to the Water Department indicating the number and total estimated usage of approved small project water reservation applications.
I. 
Requests for "will serve" letters for small projects.
(1) 
Request fee. A will serve letter request fee, as provided in Chapter 73, of $100 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
(2) 
Request review. Requests for will serve letters as defined above shall be reviewed by the Water Superintendent and/or water engineer, who in turn will provide a recommendation to the Water Committee. A will serve letter shall be issued, provided that a determination is made that there is currently adequate capacity in the Town's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Town of Clinton Water Department.
(3) 
Review determination. The Water Committee shall approve or deny the request within 30 business days of receipt of a complete application. The Town reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed five business days if additional time is required for processing said application. The failure of the Town to render a decision within the aforesaid time period shall constitute a denial of the request without prejudice.
(4) 
Expiration of will serve letter.
(a) 
All will serve letters will expire 90 days after the date of issuance by the Clinton Water Department. Upon expiration, the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(b) 
Upon written request by the applicant prior to the aforementioned expiration date, applicants can request said approval be extended. Applicants will be eligible for no more than three additional 90 day extensions should they be requested. Under no circumstances will an applicant be granted additional extensions other than what is previously indicated above. Upon expiration of the requested extension(s), the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(5) 
Extension request fee. A will serve letter extension request fee, as provided in Chapter 73, of $50 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
J. 
Large project water reservation applications.
(1) 
Application fee. An application fee as provided in Chapter 73, of $1,500 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the administrative and professional consulting costs associated with the review of the application.
(2) 
Application review. Applications for water reservation for large projects shall require the approval of the Water Committee. The Water Committee's consulting engineer shall prepare and submit a report to the Water Committee concerning the nature of the allocation, the status of any required NJDEP applications, an evaluation of any required system improvements necessary to serve the project as well as an updated analysis of the water system's firm capacity and peak daily demand. Specifically, the Water consulting engineer shall evaluate the application against the Water Utility's available firm capacity and allocation limits as prescribed by regulations found at N.J.A.C. 7:10 and N.J.A.C. 7:19. The report shall also address technical details of the proposed project's service connection and water-related improvements, including but not limited to materials, equipment, regulations, easements, metering, etc. Applications will be recommended for approval when no physical, technical, financial or regulatory constraints prevent service to the proposed project.
(3) 
Application determination.
(a) 
The Water Committee shall approve or deny the application by resolution within 60 days of receipt of a complete application. The Water Committee reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed 30 days if additional time is required for processing said application. The failure of the Town to render a decision within the aforesaid time period shall constitute a denial of the application without prejudice.
(b) 
If an application is approved by the Water Committee, a formal resolution will be prepared by the Municipal Attorney authorizing the water reservation to the applicant. The resolution may contain such terms and conditions as are reasonably necessary to guarantee compliance with all federal, state, county and local statutes, rules, and regulations. In addition, the applicant may be required to enter into a developer's agreement with the Water Committee, Town and Water Department, if necessary as identified in the Water Department consulting engineer's review.
K. 
Requests for "will serve" letters for large projects.
(1) 
Request fee. A will serve letter request fee, as provided in Chapter 73, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
(2) 
Request review. Requests for will serve letters as defined above shall be reviewed by the water engineer, who in turn will provide a recommendation to the Water Committee. A will serve letter shall be issued, provided that a determination is made that there is currently adequate capacity in the Town's water supply systems based on a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well as sufficient water allocation established by the NJDEP in its water allocation permits issued to the Town of Clinton Water Department.
(3) 
Review determination. The Water Committee shall approve or deny the request within 60 business days of receipt of a request. The Town reserves the right to extend the time for the rendering of the aforesaid decision for a period not to exceed 30 business days if additional time is required for processing said application. The failure of the Town to render a decision within the aforesaid time period shall constitute a denial of the request without prejudice.
(4) 
Expiration of will serve letter.
(a) 
All will serve letters will expire 90 days after the date of issuance by the Clinton Water Department. Upon expiration, the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(b) 
Upon written request by the applicant prior to the aforementioned expiration date, applicants can request said approval be extended. Applicants will be eligible for no more than three additional ninety-day extensions should they be requested. Under no circumstances will an applicant be granted additional extensions other than what is previously indicated above. Upon expiration of the requested extension(s), the applicant relinquishes its rights to its approved "will serve," and said allocation will be available for future applicants.
(5) 
Extension request fee. A will serve letter extension request fee, as provided in Chapter 73, of $125 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
[1]
Editor's Note: This section also stated that upon its adoption, "any and all outstanding commitments to serve development proposals which have not connected at the time of adoption, regardless of the form of commitment (in the form of 'will serve' letter, oral or agreement, or other unofficial commitment), are hereby rescinded. These applicants, however, will have the opportunity and obligation to apply for water reservation, as described in this section. Water reservations created in existing water agreements between the Town and a developer shall remain in effect."