Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Boonton 5-29-1991 by Ord. No. 421.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
Sewers — See Ch. 121.
Water (Board of Health) — See Ch. 177.
[1]
Editor's Note: This ordinance superseded former Ch. 148, Water, which was adopted as follows: Art I, General Provisions, 4-21-1931 by Ord. No. 11, as amended; Art. II, Connections, 5-6-1947 by Ord. No. 48, as amended; Art III, Conservation, 8-4-1964 by Ord. No. 146, as amended.

§ 148-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGENT
A person duly authorized by the Township of Boonton to administer the provisions of this chapter.
CORPORATION COCK
A valve installed at a water main to control the flow of water in a water service connection.
CURB BOX
A vertical pipe at a curb to permit the operation of a curb stop valve.
CURB STOP
A valve installed at the curb end of a water service connection.
CUSTOMER SERVICE LINE OR PIPE
The length of pipe, lying generally outside the street right-of-way, which connects the curb box to the building to be served with water.
FIRE STANDBY SERVICE
A service connection that terminates in a privately owned hydrant and/or in an internally installed sprinkler system and which is not in any way connected to any fixtures other than those designed for fire protection. Where any service connection shall serve two or more sprinklered buildings, the system in each building shall be considered a separate "fire standby service."
MAIN(S)
Either in the singular or the plural, all pipes, other than service connections, used for conveying water to or distributing water in the Township.
METER
A device for measuring the quantity of water passing through a pipe at a given location.
OWNER
Any person, persons, firm, corporation or association actually owning any property or premises which is or can be respectively supplied with water, or his or their duly authorized agent.
PERSON
Any individual, firm, association, partnership or corporation or any group of two or more of them.
PREMISES
A dwelling or a building occupied for business or other purposes by one or more persons, together with the land appurtenant thereto and such outbuildings as are used exclusively in connection therewith, or any part of a building with the land appurtenant thereto when sold as a separate unit.
SERVICE CONNECTION
A pipe or pipes connected to the main and extending into privately or publicly owned property or premises for supplying water thereto.
TAPPING or MAKING A TAP
The physical at of breaking into a main to install a service connection.
WATER TAP INSTALLATION
The curb box and the portion of the service connection which connects the box to the main and lies generally within the street right-of-way.

§ 148-2 Duties of Township Committee.

A. 
The Township Committee shall procure a water supply by the purchase of water from any adjacent municipality upon such reasonable terms, conditions and prices as shall be agreed upon in writing.
B. 
The Township Committee shall procure, by purchase, agreement or condemnation, any property, property rights, easements or rights-of-way as may be necessary or suitable for the purposes of this chapter.
C. 
The Township Committee shall provide, install, maintain and operate all pipes, valves, connections, services, meters, hydrants, appliances or equipment necessary and suitable to provide a water system and the distribution of water in the Township, except that developers shall provide and install the same when required pursuant to §§ 102-65 and 102-66.

§ 148-3 Connection required; compliance with regulations.

A. 
The water distribution system of any building in which plumbing fixtures are installed shall be connected, at the owner's expense, to a public water supply system, provided that a public water supply system is located within 200 feet of any property line or right-of-access of a premise used for human occupancy, in accordance with the provisions of this chapter, within 90 days after official notice from the Township of Boonton to do so.
B. 
Water shall not be furnished to any premises unless the owner complies with all the terms and conditions, rules and regulations herein set forth, together with any amendments and supplements which may hereafter be made.

§ 148-4 Control of mains; extensions.

A. 
The water mains, water tap installations, curb boxes, curb stops, corporation cocks and meters of the Township shall be under the exclusive control of the Township and its authorized agents and employees.
B. 
The cost of installing new extensions to water mains in roads or developments within the Township shall be borne by the property owners or developers deriving the benefits of said extensions.

§ 148-5 Application for service.

A. 
Owner to make application. Application for water service shall be made by the owner of the property to be served, on forms prescribed by the Township. The owner may request that bills for water and other charges be rendered to an agent, a tenant or other occupant of the premises; provided, however, that the owner shall remain liable for the payment of all water and other related charges.
B. 
Change of ownership. Upon change of ownership of property being served with water, a new application for service shall be made by the new owner. Such service of water shall be considered new service, notwithstanding that actual water service may not have been physically disconnected or shut off in connection with the transfer of ownership.
C. 
Misrepresentation of applicant; application of rules. Applicants for Township water or any service in connection therewith shall not make any misstatement or misrepresentation of fact with respect to such application, and shall be bound and governed by the rules and regulations hereafter adopted by the Township Committee.

§ 148-6 Service connection; fees.

A. 
Standard service connection. The tapping of the main shall be done and the corporation stop and the service lines from the main to the curb and the curb stop to the curb box shall be furnished and installed by the Township or its agent for a service connection fee as set forth in Chapter 82, Fees, which shall be payable in advance. This charge includes the furnishing and installation of a five-eighths-inch water meter, unmetered water for a reasonable period during construction, an inspection of the customer service line and any road resurfacing required in connection with the tap installation. The owner shall install the line from the curb stop to the structure in accordance with § 148-7.
B. 
Extraordinary service connection.
(1) 
The service connection fee shall apply to all service connections constructed in earth excavations up to a maximum depth of eight feet where open cut road crossings are permitted by the applicable agency having jurisdiction over the road being excavated. In cases where rock excavation is encountered or where additional material is deemed needed by the Township Engineer or where the depth of excavation exceeds eight feet or where open cut of roadway is not permitted or where some other extraordinary condition or circumstance is encountered, the applicant shall be responsible for the payment of any additional costs resulting therefrom. In addition, if a larger tap or corporation stop is required and/or the distance from the main to the curb exceeds 30 feet, the cost of said additional material and labor shall be paid by the owner.
(2) 
If a meter larger than 5/8 inch is required, the owner shall be responsible for furnishing and installing such meter. Any such meter must be approved by the Township prior to installation.
C. 
Each meter to constitute a separate water connection. For the purposes of this section, each meter installed shall be considered to be a separate water service connection.
D. 
Winter service connections. In the winter months, water taps shall only be installed at the discretion of the Township, depending on weather conditions.

§ 148-7 Customer service line installation.

A. 
The customer service line shall be laid in a manner approved by the Township. After a ditch has been dug, the pipe shall not be covered until the Township has inspected and approved the laying of such pipe an all connections thereto and has issued a certificate of approval, in writing. The installer shall take all precautions to cover by plank, or otherwise, all excavations made in sidewalks for the laying of the service line and shall not leave on the sidewalk or in the public highway any stones or piles of dirt or other refuse. All customer service lines must have a covering of at least four feet of approved backfill with a minimum of six inches of sand over and six inches of sand under the pipe. All customer service lines shall be a minimum of five feet distant from any sewer line, and their installation shall comply in all respects with the applicable State Plumbing Code.
B. 
All new installations of customer service lines and all repairs and renewals of the same are the responsibility of and shall be made at the expense of the owner. All pipes and fittings used in making such installations, repairs and renewals shall be copper or such other material as shall be approved by the Township and must be effectively protected from freezing.

§ 148-8 Meter installation.

A. 
A stop cock or gate or ball valve shall be placed in the service line on the street side of and near the meter, and a stop and waste cock or valve shall be installed on the opposite side thereof. A suitable check valve shall be placed between the stop and waste cock or valve and the meter if required by the Township. If a check valve is required, a safety valve shall be inserted at some convenient point in the house piping to relieve excess pressure due to hot water. A 5/8 inch meter yoke shall be installed to receive the meter.
B. 
All water delivered in the Township shall be measured by water meters approved by the Township. Five-eighths-inch meters shall be provided and installed by the Township in accordance with the fee set forth in Chapter 82, Fees. After installation, all meters shall remain the property of the Township. If larger meters are desired, they shall be furnished and installed by the property owner and shall also be the property of the Township after installation.
C. 
All premises being supplied water by the Township without meters having first been installed shall, upon notice by the Township, have a 5/8 inch meter installed by the Township or have a larger meter approved by the Township installed satisfactory to the Township.
D. 
The location of each meter shall be approved by the Township. It must be accessible at all reasonable hours for the purpose of inspection, repair and reading, and located in the cellar or first floor near the point of entrance of the customer service line and in a clean, dry and safe place not subject to great variations in temperature.

§ 148-9 Meter regulations.

A. 
Damages.
[Amended 12-23-2002 by Ord. No. 659]
(1) 
All damages to a water meter, including frost damage, shall be the responsibility of the property owner. Immediately upon discovery, the owner of metered premises shall notify the Township of any injury to or failure of a meter. Only a designated employee or agent of the Township may remove or repair a meter. The property owner will be charged for all repairs in accordance with fees set forth in Chapter 82, Fees.
(2) 
Owners of two-inch or larger meters shall also arrange through the Township for an annual inspection and recalibration of the meter at their own cost and expense. A certificate of recalibration, issued by a water meter repair company licensed by the State of New Jersey, must be submitted annually to the Township.
B. 
Seals. All meters shall be sealed by an authorized official. No person other than an agent or employee of the Township shall break, remove, tamper with or alter any seal placed upon any meter.
C. 
Bypass. No bypass around a meter shall be permitted.
D. 
Fire standby service. No meter is required on a fire standby service.
E. 
Testing. Any owner of a meter that is less than two inches who desires to have a meter tested may apply to the Township therefor, paying a fee as set forth in Chapter 82, Fees, for each such test. If the test discloses that the meter is registering incorrectly, said fee shall be returned to the owner. A meter registering within 3%, plus or minus, of the correct value shall be considered to be registering correctly.
[Amended 12-23-2002 by Ord. No. 659].

§ 148-10 Meter readings.

A. 
Meter readings to be final. All meter readings shall be final and conclusive unless objection thereto in writing is filed with the Township within 15 days after the billing date of the disputed bill and meter reading.
B. 
Unscheduled meter readings. At the request of an owner and upon 48 hours' notice, the Township may perform an unscheduled meter reading. The fee shall be as set forth in Chapter 82, Fees.

§ 148-11 Curb stop regulations.

A. 
No person except an agent or employee of the Township shall tap or connect to any water main or insert a curb stop therein. Under no circumstances shall curb stops be opened or closed by any person not an authorized agent of the Township, except that a licensed plumber may open or close a curb stop upon authorization of the Township. In all cases where a licensed plumber tests his work or makes repairs in unoccupied buildings, he shall, on completion of his work, leave the curb stop closed and, upon failure or neglect to do so, he shall be liable for all damages occasioned thereby and be liable to a fine as provided in § 148-21 of this article.
B. 
All curb stops and curb boxes shall be located at a location specified by the Township Engineer.
C. 
In new developments, curb boxes and curb stops shall be installed by the owner or contractor prior to the improvements being accepted by the Township.

§ 148-12 Fire hydrants.

A. 
Use of fire hydrants limited. Fire hydrants are to be opened and used only by the Township or Fire Department of the Township or by such persons as may be duly authorized by the Township.
B. 
Obstruction of fire hydrants; removal of obstruction; liability for damage to fire hydrants.
(1) 
No person shall in any manner obstruct or prevent free access to or tamper with or damage, by causing or permitting a vehicle to come in contact with, any fire hydrant or place or store temporarily or otherwise any object, material, snow, debris or structure of any kind within a distance of 10 feet of any hydrant. Any such obstruction, when discovered, may be removed at once by the Township at the expense of the person responsible for the obstruction and he shall be liable to a fine as provided in § 148-21 of this article.
(2) 
No person shall, in any manner, tamper with or damage any fire hydrant. Should a fire hydrant be damaged, it shall be the responsibility of the person(s) inflicting the damage to reimburse the Township for the full cost (on a time and material basis) of repairing or replacing said damaged fire hydrant

§ 148-13 Rates and charges.

[Amended 2-12-2003 by Ord. No. 660; 10-15-2003 by Ord. No. 668]
The price to be charged to property owners for water service shall be as set forth in Chapter 82, Fees.

§ 148-14 Billing, payment of charges.

[Amended 12-8-2014 by Ord. No. 835]
A. 
Bills for water consumption, except for fire standby service as provided in § 148-14B, shall be rendered quarterly. All water service charges overdue more than 30 days shall bear interest at the same rate as uncollected taxes of the Township and shall become a lien upon the premises connected to the water system until paid, and the Township shall have the same rights for the collection thereof, together with interest and costs, and penalties as it has by law for the collection of taxes upon real estate. In addition, the Township may, at its discretion, shut off the water to the premises in accordance with § 148-15.
B. 
Annual bills for fire standby service, in accordance with fees set forth in Chapter 82, Fees, shall be rendered and payable the first quarter of each year.

§ 148-15 Failure to pay bill.

If any water bill or any other charge imposed under this Article is not paid within 30 days from the billing date and there exists a previous delinquent amount, the Township shall notify, by certified mail, return receipt requested, the owner of the premises (as appears from the tax duplicate) and the person to whom such bill was rendered or charge made, if different from the owner, of such arrearage. The notice shall state that if such bill or charge is not paid within 15 days of the date of such notice, the water service shall be shut off. No service shutoff for nonpayment shall be turned on or reconnected until all billings for water and all other charges have been paid in full, including the shutoff and turn-on charges as set forth in Chapter 82, Fees.

§ 148-16 Leaks to be reported; repair.

A. 
When leaks occur in the service lines and pipes, prompt notice thereof shall be given to the Township. Repairs in Township lines shall be made by the Township and repairs in the customer service line shall be made under the supervision and direction of the Township.
B. 
The Township shall not be held accountable for any damage which may result from leaks, burst pipes or from any other causes in any building, and the owner shall pay for all water passing through the meter in cases where the Township has not been notified of any leaks or burst pipes and has not had sufficient time to shut the same off.

§ 148-17 Water failure.

The Township is not responsible for any damage caused by a failure to deliver water to any premises as a result of any cause whatsoever.

§ 148-18 Excess pressure.

The Township will not be responsible for injury to persons or property because of excessive and/or low pressure. It shall be each owner's responsibility to install whatever pressure regulators they may deem necessary for the protection of the plumbing, connections and of persons at or near the same.

§ 148-19 General regulations.

A. 
No person shall take, use or consume any water through the water supply and distribution system of the Township unless the same shall first pass though a water meter installed and maintained in accordance with this Article, unless the use of unmetered water has been expressly authorized by ordinance or by resolution of the Township Committee.
B. 
Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited.
C. 
No person shall hinder or refuse to admit any duly authorized agent of the Township, upon representation of the badge or other credentials provided by the Township, at all reasonable hours, to any premises supplied with Township water, for the purpose of making inspection thereof, including examination of the entire water supply and plumbing system upon said premises.
D. 
No person shall keep any explosive, acids or other substances likely to injure or damage any portion of the water supply and distribution system within 50 feet thereof.
E. 
No person, except an agent or employee of the Township, shall enter upon any property owner or controlled by the Township and used by the Township in connection with the water supply and distribution system; nor shall any person tear down, break, destroy or tamper with any of the structures, machinery, mains, valves or any other part or portion of said system.
F. 
No interconnection shall be made between the water supply and distribution system of the Township and any other water supply and distribution system of any nature whatsoever, including private wells, except as may be authorized by the Township.
G. 
No connections of a service pipe with the distribution system, no alterations, additions or extensions in or to any service pipe and no devices for drawing water shall be made or attached to the distribution system, except as authorized and approved by the Township.
H. 
No attachment from which water can be drawn shall be connected to a service pipe between the water main and the water meter.
I. 
No person shall use or consume water after the service connection has been turned off by the Township or its agents, employees or representatives.

§ 148-20 Discontinuance of services.

A. 
A customer's service may be discontinued for any of the following reasons:
(1) 
For the use of water for any other premises or purposes than those described in the application.
(2) 
Under any flat-rate service, for addition of fixtures or increases in the use made of water without notice to the Township.
(3) 
For willful waste of water through improper or imperfect pipes, fixtures or otherwise.
(4) 
For failure to maintain in good order any connections, service lines or fixtures being supplied water.
(5) 
For abandonment of the premises.
(6) 
For inability of a representative of the Township to gain access to the premises served at reasonable hours for purposes of inspection or for reading, caring for or removing meters, provided that reasonable request for such access has been given.
(7) 
For molesting any service pipe, meter, curb stop, box, seal or other appliance of the Township.
(8) 
For fraudulent representation by the owner of the premises or anyone acting as his agent or on his behalf.
(9) 
For persistent violation of the rules and regulations of the Township or a violation of any of the provisions of this chapter.
B. 
Any service which is so discontinued shall not be reinstated unless and until the violation has been corrected or, if the violation consists of improper or excessive use of water, unless and until the Township has received assurance, inform satisfactory to it, that such use will not be continued.
C. 
The Township will not discontinue the water service in accordance with the provisions of this section without first providing notice of such intended action. The notice required by this subsection shall be given in person, by telephone or by mailing a copy thereof, by both regular and certified mail, return receipt requested, to the last known address of the owner as the same appears on the books and records of the Township. Any mailed notice shall be conclusively deemed to have been given on the date of mailing. The notice required by this subsection shall be given at least 72 hours before any action by the action by the Township to discontinue water service.

§ 148-21 Violations and penalties.

[Amended 4-9-2007 by Ord. No. 739]
Any person, firm or corporation violating this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.

§ 148-22 Declaration of water emergency.

Whenever the governing body shall be satisfied and finds that a water emergency exists in the Township, it may adopt a resolution declaring that a water emergency exists in the Township. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the Township affected by the water emergency, which may include the entire Township and shall specify which of the water use regulations contained in § 148-23 of this Article is being imposed, as well as any exemptions that may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 148-24. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
A. 
The public utility providing water service to all or a portion of the Township has adopted water use restrictions and has notified the Township, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection, as well as any other state, County or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any state, County or local agency having the jurisdiction and power to do so; or
B. 
The governing body is otherwise satisfied that a water emergency exists in the Township.

§ 148-23 Water use restrictions.

Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 148-22, all citizens shall be urged to observe voluntary indoor conservation measures and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as set forth in the resolution adopted pursuant to § 148-22, as specified herein during the water emergency:
A. 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars;
B. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the 31 day of any month during the water emergency; or
C. 
Any other water use restriction specified by the governing body in the resolution required by § 148-22 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this Article shall be limited in application to that portion of the municipality which may include the entire municipality, identified as being affected by the water emergency in the resolution for the governing body adopted in accordance with § 148-22 of this Article.

§ 148-24 Duration of water restrictions.

The resolution of the governing body required by § 148-22 shall, in addition to complying with § 148-22, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this Article continuing the water use restrictions.

§ 148-25 Enforcement of restrictions.

The water use restrictions imposed pursuant to this Article shall be enforced during a water emergency by any police officer of the Township and/or the Zoning Official of the Township, who shall be empowered to write summonses for the violation of the water use restrictions imposed pursuant to this Article.

§ 148-26 Installation of water-cooled equipment.

A. 
In order to further conserve the water supply of the Township, no new installations of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment of three tons and over shall be installed unless equipped with a water conserving device such as an economizer, evaporative condenser, water-cooling tower or similar apparatus, which device shall not consume for makeup purposes in excess of 5% of the consumption of water that would normally be used without such device.
B. 
All new installations of refrigeration equipment, air-conditioning equipment or refrigeration and air-conditioning equipment under three tons, not using recirculated water, shall be provided with an automatic water-supply regulating device so as to limit the flow of water in relation to the condenser temperature reduction requirements of the apparatus. In no case shall the equipment use in excess of 1 1/2 gallons per minute per ton capacity.

§ 148-27 Violations and penalties.

[Amended 4-9-2007 by Ord. No. 739]
Any person, firm or corporation who violates any of the provisions of this Article or any proclamation or resolution, after publication of said proclamation or resolution, shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.