The purpose of this article is to provide for the connection of buildings to the water system during the time, and at such time, that the Borough Council may undertake the updating of the Borough water system.
All buildings of any nature whatsoever, used for any purpose whatsoever, desiring water shall be connected with the water system of the Borough of Clayton and shall not use any private well, pump or other means for the furnishing of water to any of said premises unless it is unreasonable in terms of distance to require said connection.
The Water and Sewer Utility shall have the power to permit the owner of any building to construct and maintain wells, pumps and other equipment for the furnishing of water to the premises applied for, and such power shall be limited to irrigation, cooling, processing and other uses where water is not intended for human consumption.
Said hookup shall be completed within 30 days after receiving notice as required by law.
The owners of new construction, before occupancy of any new construction, shall connect such new construction to the Borough water system unless it is unreasonable in terms of distance to require said hookup.
This article shall apply to existing areas as well as new areas, whether or not an existing pipe runs near the property.
A. 
Applications for connection to the water distribution system shall be made in writing to the Department and signed by the owner of the property for which said connection is being applied for by his authorized agent. The service connection charge as hereinafter provided for shall be paid at the time the application is made. The application shall designate the name of the plumber who shall install the connection applied for, the address of the premises applied for and the purpose of the connection.
B. 
New connections.
[Amended 10-13-1988 by Ord. No. 88-23; 5-10-1990 by Ord. No. 90-7]
(1) 
New connections as approved by the Borough shall be at the sole expense of the applicant, including tappings, fittings, pipe, labor and related materials. In addition, it shall be the responsibility of the applicant to obtain the necessary permits and to restore the sidewalk and/or street paving. The applicant shall pay a connection charge as stated under these rules and regulations. Upon inspection and approval of the installation by a representative of the Borough, the new connection and lateral from the main to and including the curb stop and water box shall become property of the Borough and shall be maintained by it.
[Amended 3-24-2005 by Ord. No. 02-2005; 3-25-2021 by Ord. No. 4-2021; 12-9-2021 by Ord. No. 30-2021; 12-29-2022 by Ord. No. 24-2022; 12-14-2023 by Ord. No. 23-2023]
(a) 
Residential uses.
Type of Property
Connection Fee
Residence, private, single-family
$2,600
Residence with apartments, each additional apartment
$2,600
Residence operating as a rooming house, additional
$2,600
Apartment buildings, including condominiums and townhouses, etc., per apartment
$2,600
Dormitories, motels, hotels, etc., per living unit
$2,600
(b) 
Eating establishments and commercial and industrial uses.
Type of Property
Connection Fee
Eating establishments without seating facilities
$2,800
Eating establishments with seating facilities, including fast-food, soda fountain, luncheonette, diner, tavern, restaurant, etc.
Seating capacity 1 to 50
$2,800
Each additional 25 seats or fraction thereof
$1,400
General commercial, industrial and other buildings and uses
Per occupant occupying less than 3,000 square feet of gross floor area
$2,800
Per occupant occupying 3,000 square feet or more of gross floor area, per 3,000 square feet or fraction thereof
$1,000
(2) 
Provided, however, that the Borough Water and Sewer Utility reserves the right to establish a higher fee should the commercial, industrial or other use incorporate a large quantity of water in its operation. In such cases, the higher fees shall be calculated by multiplying the number of equivalent domestic consumer units to be utilized by the user at 300 gallons of water per day times $1,200.
C. 
Payment for connections up to one inch may be made over a six-year period in quarterly installments of not less than $50 without penalty. This subsection shall pertain only to existing single-family residential dwellings that are required to connect to the Borough water system because of a water main extension by either the Borough Water and Sewer Utility or by new development.
[Amended 10-13-1988 by Ord. No. 88-23; 12-13-1990 by Ord. No. 90-12]
D. 
Fire protection connection fees. Connection fees shall be based on the size of the connection at the distribution main.
[Added 10-13-1988 by Ord. No. 88-23]
Size of Connection
(diameter in inches)
Connection Fee
3
$1,500
4
$2,000
6
$2,500
8
$3,000
10
$3,500
12
$4,000
All water meters will be furnished by the Borough upon payment of a service fee equivalent to the cost of the meter and yoke and shall be installed under the supervision of the Borough and will remain the property of and under the control of the Borough. Meters shall be capable of being read on the outside of the premises being serviced.
Meters will be maintained by the Borough. Damage resulting from freezing, hot water or external causes due to negligence shall be paid for by the customer.
The customer shall pay the cost of a new meter due to damage or theft.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All connections shall be metered, and a use of water without a meter makes the property owner liable for an amount of water consumed as estimated by the Department, in addition to any penalties imposed under this chapter. The Borough, upon repeated offenses, may order the water supply to be discontinued.
A. 
The location provided by a property owner for a water meter shall be readily accessible for reading and maintenance purposes and shall be such as to offer adequate protection against damage to the meter. All meters shall be installed in the cellars of buildings, and if no cellars are under said buildings, then in a utility room.
B. 
No fixture of any kind from which water might be drawn shall be placed on the street side of the meter. The meter shall not be installed unless the location and facilities provided for said meter meet the approval of the Department.
C. 
A wheel-handled round-way stop cock or gate valve shall be placed by the customer on the service line directly ahead of the meter, and a stop and waste cock or valve on the outlet side of the meter. A suitable and approved check valve should be placed by the customer between the stop and waste cock or valve and meters. When a check valve is installed, a safety valve should be inserted at some convenient point in the house piping to relieve excess pressure due to heating water.
No person, except an employee of the Department, shall connect, disconnect, repair, adjust or tamper in any way with a water meter.
Failure of a meter to register properly shall be reported immediately to the Department. Charges for water during the period of such failure shall be computed on the basis of the average consumption over a reasonable period prior to the failure.
Should a consumer believe that a meter is not registering properly, the consumer shall file a complaint with the Department. If it is found to register against the consumer more than 3%, there will be no charge for removing, repairing and resetting the meter. If, however, the meter is found to register against the consumer less than 3% the consumer shall be charged for all costs incurred by the Borough to have a meter tested. The charge for any test shall be the actual cost of removal and testing, payable up front. The Department shall have the right to make periodic tests of all meters at no cost to the consumer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Department shall have access at all reasonable hours to the premises connected to the water distribution system for the purpose of inspecting and maintaining water meters and associated equipment. The hours between 7:00 a.m. and 6:00 p.m. shall be considered reasonable hours for this purpose.
All water meters are the property of the Borough of Clayton. The size of meters to be attached to water connections shall be determined by the Department. All meters shall be wired so they can be read from the outside of any building.
The Department reserves the right to determine the size and kind of service line from the main to the curb stop, and from the curb stop to the property to be serviced. The curb stop shall be placed inside the curbline. Type K copper, underground type, shall be used throughout for services up to and including three inches in diameter. For larger services, ductile iron cement-lined pipe meeting AWWA standards for Class 52 water pipe shall be used. The pipe from the curb stop to the property shall be at least four feet below the surface of the ground, when final grading of the property has been completed.
No service pipe shall be laid in the same trench with a gas pipe, drain sewer pipe or any other facility of any public service company, nor within three feet of any open excavation, vault, cesspool or septic tank, nor shall the location be in conflict with any sidewalk or driveway or be subject to vehicular traffic. All services shall comply with the rules and regulations of the Department of Environmental Protection dated May 19, 1965, or the latest revision.
All connections, service lines and fixtures furnished by the applicant shall be maintained by the customer in good order, and all valves, meters and appliances furnished and owned by the Department and on the property of the customer shall be protected properly and cared for by the customer. Any leak in the service between the curb stop and meter must be immediately repaired by the owner or occupant of the premises. Failure to comply will necessitate shut off. The customer shall be responsible for notifying the Department of the plumber engaged in any maintenance being commenced, and said plumber shall not backfill any trench until the work has been inspected and approved by the Department's representative. Any work not acceptable shall be immediately removed and replaced by work that is acceptable.
The Department shall in no event be responsible for maintaining any portion of the service line owned by the customer or for damage done by water escaping therefrom or from lines or fixtures on the customer's property, and the customer shall at all times comply with applicable regulations with respect thereto and make changes therein required by reason of change of grade, relocation of mains or otherwise.
Where the replacement of the service line from the main to the curb stop is found to be necessary, the Department will replace the service in the same location as previously used. If the property owner or customer requests the new service line at some other location, the property owner will pay all additional expenses in excess of the cost of laying the service line, and cutting off and disconnecting of the old service line shall be the responsibility of the customer.
A service line from the curb stop to a property shall not supply more than one property, as generally described and classified below, but any such property, upon proper application of the owner, may be supplied by two or more meters, each of which, for billing purposes, shall be considered as being one customer account, and provided that the supply to each such meter has an individual control at or near the curb:
A. 
Any house, either detached or one side of a double house or a house in a row of houses. A garage, conservatory and similar structures shall be considered as a portion of that building.
B. 
An industrial or commercial or manufacturing establishment.
C. 
A building separated from adjacent buildings by a party wall or party walls, e.g., apartments, stores, offices, workshops or any combination thereof.
D. 
A detached building comprising apartments, stores, offices, workshops or any combination thereof.
Where the meter has been inspected and found to have been removed, damaged or tampered with, the customer will be notified by letter that a service charge will be required to repair the meter. If the customer refuses entry to the premises, service will be discontinued and an additional fee will be charged to restore the service.
A. 
The quarterly charges for all water passing through all meters shall be as follows:
[Amended 5-8-1997 by Ord. No. 6-97; 8-9-2001 by Ord. No. 14B-01; 4-24-2003 by Ord. No. 03-03; 3-24-2005 by Ord. No. 02-2005; 8-13-2009 by Ord. No. 15-2009; 5-27-2010 by Ord. No. 5-2010; 12-30-2013 by Ord. No. 22-2013; 12-10-2015 by Ord. No. 22-2015; 12-14-2017 by Ord. No. 27-2017; 2-14-2019 by Ord. No. 4-2019; 12-12-2019 by Ord. No. 23-2019; 12-10-2020 by Ord. No. 15-2020; 3-25-2021 by Ord. No. 4-2021; 12-9-2021 by Ord. No. 30-2021; 12-29-2022 by Ord. No. 24-2022; 12-14-2023 by Ord. No. 23-2023]
Amount
(gallons)
Rate
Residential
First 7,000
$45.75
7,001 to 30,000
$4.43
30,001 to 40,000
$4.76
40,001 to 60,000
$5.56
60,001 to 80,000
$6.36
80,001 and above
$6.92
Commercial
First 7,000
$50.50
7,001 to 30,000
$3.86
30,001 to 40,000
$4.09
40,001 to 60,000
$4.19
60,001 to 80,000
$4.28
80,001 and above
$4.38
B. 
Senior citizens, as defined by the rules and regulations of the New Jersey statutes setting forth senior citizen exemptions, shall pay $20 per quarter on a three-fourths-inch meter for up to 7,000 gallons of water. Such senior citizens shall receive such rate upon their notifying the Borough of Clayton of their status as a qualifying senior citizen. This rate shall apply to dwellings only, and each senior citizen, including spouse regardless of spouse's age, shall be entitled to this rate for one dwelling only.
[Amended 8-9-2001 by Ord. No. 14B-01; 4-24-2003 by Ord. No. 03-03; 3-24-2005 by Ord. No. 02-2005; 8-13-2009 by Ord. No. 15-2009; 5-27-2010 by Ord. No. 5-2010; 12-30-2013 by Ord. No. 22-2013; 12-10-2015 by Ord. No. 22-2015; 12-14-2017 by Ord. No. 27-2017; 2-14-2019 by Ord. No. 4-2019; 12-12-2019 by Ord. No. 23-2019; 12-10-2020 by Ord. No. 15-2020; 3-25-2021 by Ord. No. 4-2021; 12-9-2021 by Ord. No. 30-2021; 12-29-2022 by Ord. No. 24-2022; 12-14-2023 by Ord. No. 23-2023]
C. 
Each meter is installed with a fixed minimum quarterly charge. Such minimum charge shall be nonabatable for nonusers of water and noncumulative against subsequent consumption. In the case of fractional period bills, covering less than a quarter, minimum charges and allowance shall be prorated.
A. 
For any multifamily dwelling currently served by one meter, quarterly charges will be charged on a per unit basis. Total gallons used will be divided by number of units. A minimum charge and excess of minimum used will be billed per unit.
B. 
In special cases not contemplated in the above schedule of rates or not clearly defined therein, the Borough Council of the Borough of Clayton is hereby authorized to establish special rates or rentals under such schedules or formulas as the Borough Council of the Borough of Clayton aforesaid may deem necessary to keep and maintain the Water and Sewer Utility on a self-liquidating basis and to make, execute and deliver such contracts with such special consumer as the circumstances may require.
[Amended 12-26-1991 by Ord. No. 91-24; 3-10-2011 by Ord. No. 5-2011]
Billings for water service or water used will be rendered quarterly on or before the first day of March, June, September and December. Bills remaining unpaid for a period of 15 days after the billing date shall be subject to an interest charge on the unpaid balance from the original billing date (March 1, June 1, September 1 or December 1) of 1 1/2% per month. Water may be shut off in the event that any bill for any of the aforesaid services remains unpaid for a period of 90 days after the same has been rendered, and the service shall not be renewed until the arrears and penalties are paid by cash, certified check or money order.
A. 
When requested by the owner or agent, the Department shall discontinue service to a property. A turnoff charge of $25 shall be made for discontinuing the service during regular business hours, Monday through Friday, or $50 after business hours or weekends. A turn-on charge of $25 shall be made when the service is restored during regular business hours from Monday through Friday or $50 after business hours or weekends. Wherever service shall have been temporarily turned off, the service charge hereinbefore established shall continue against said premises.
[Amended 5-8-1997 by Ord. No. 6-97]
B. 
No adjustments of water charges due to failure of the Department to disconnect or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is in writing and duly filed with the Water and Sewer Utility.
C. 
In the event that an account is delinquent for 45 days or longer and the water service has been turned off as a result thereof and the owner thereafter makes payment and requests that service be restored, a charge of $25 shall be made to the owner for turning on said service.
[Amended 3-10-2011 by Ord. No. 5-2011; 2-14-2013 by Ord. No. 2-2013]
[Amended 8-9-2001 by Ord. No. 14B-01; 4-24-2003 by Ord. No. 03-03; 3-24-2005 by Ord. No. 02-2005]
Whenever the title to any property in the Borough of Clayton shall be transferred, an administrative fee in the total amount of $35 shall be payable upon such transfer.
A. 
Persons desiring the use of water for building construction shall make application in the regular manner for service. Under no circumstances shall water for building construction be taken from the fire hydrants of the Borough of Clayton. Charges for the use of water for building construction shall be as provided for bulk sales.
[Amended 5-8-1997 by Ord. No. 6-97[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
For structures other than single dwellings above mentioned, rates shall be fixed and determined by the Water and Sewer Utility. All charges are payable at the time of the filing of the application for such service. The Department reserves the right to regulate the purpose for which the water may be used during construction and may, at its option, require the water to be metered. At least 48 hours' notice shall be given the Department before any of the above connections will be made.
A rate of $0.01 per 1,000 gallons will be assessed to every water customer for state tax.
[Amended 5-8-1997 by Ord. No. 6-97[1]]
The rate for bulk sales of metered water shall be in accordance with Form H ($6 per 1,000 gallons).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).