As used in this Part 3, the following terms
shall have the meanings indicated:
The applicant for water and/or sewerage service at one household
or business, whether owner or tenant, and who enters into an agreement
therefor.
The normal waterborne fluid wastes from residences, commercial
establishments, institutions and industrial establishments, limited
to the wastes from kitchens, bathrooms, water closets, lavatories
and laundries.
The liquid wastes from commercial or industrial processes,
as distinct from domestic sewage.
The Township-owned or -leased piping and appurtenances in
or along public highways and streets or along privately owned rights-of-way,
used for the transmission or distribution of water to or for the collection
of domestic sewage or industrial wastes from its customers.
All users and connections other than residential, including
but not in limitation to business, commercial, industry, restaurants,
taverns, theaters, camps, churches, schools, hospitals, etc.
SINGLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building on a lot, designed and occupied exclusively as a residence for two families.
THREE-FAMILYA building on a lot, designed and occupied exclusively as a residence for three families.
MULTIPLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for four or more families.
GARDEN, HIGH-RISE, TRAILER CAMPS, CONDOMINIUMS and MULTIPLE-TYPEA multiple dwelling or group of multiple dwellings on a lot, which is held and is designed to be held in single ownership, on which common yards and other common facilities and services may be provided.
BOARDINGHOUSE, LODGING HOUSE or NURSING HOMEA dwelling used for the purpose of providing lodging, or both lodging and meals, for pay or compensation of any kind, whether computed by the day, week or month, to persons occupying such dwelling, other than members of a family.
The Florence Township Water and Sewer Department.
A.
Water and sewerage service connections will be considered
upon written application signed at the Township Office by the property
owner or his properly authorized agent. Water and sewerage service
will be considered only upon receipt of an executed contract by the
property owner and tenant. Blank forms for all applications prepared
for their respective services will be furnished by the Township, and
all applications must receive the approval of the Township before
connection is made or either class of service is furnished.
B.
No application for service will be accepted by the
Township until the applicant has paid or made satisfactory arrangements
to pay all arrears and charges due by the applicant at any premises
now or heretofore occupied by him.
C.
The accepted application shall constitute a contract
between the Township and the applicant, obliging the applicant to
pay to the Township rates as established from time to time and to
comply with its rules and regulations.
D.
Applications for service connections may be accepted
subject to water and sewer mains existing in streets or rights-of-way
abutting the premises to be served.
E.
When a prospective customer has made application for
a new service or has applied for the reinstatement of an existing
service, it is assumed that the piping and fixtures on the applicant's
premises are in good condition, and the Township will not be liable
in any event for any accident, breaks or leakage arising in any way
in connection with the supply of water or failure to supply same or
the freezing of water pipes or fixtures of the customer nor for any
damage to the property which may result from the usage of water supplied
to the premises.
F.
A new application must be made and approved by the
Township upon any change in ownership of the property when the owner
is the customer or in any tenancy where the tenant is the customer
or in the service as described in the application, and the Township
shall have the right, upon five days' notice, to discontinue the water
supply until such new application has been made and approved. Although
property may be occupied or leased to a tenant and the tenant may
have paid the water and sewer bills, the owner of the property is
responsible for payment of any water and sewer bills not paid by the
tenant.
G.
Industrial and commercial establishments making application
for water and/or sanitary sewerage service, in addition to making
written application for such services, shall furnish a detailed description
of the type and size of buildings; the nature of the business to be
conducted in each structure; the number and type of fixtures to be
served; and the type, volume and chemical characteristics of the waste
to be discharged. Such applicants shall also furnish the Township
four copies of plans showing the following:
H.
Renewal of service. Water service will be renewed
under proper application when the conditions under which such service
was discontinued are corrected and upon the payment of all charges
provided in the schedule of rates or rules of the Township.
I.
Signatures of owner and tenant. Where a water and/or
sewer connection has been previously installed and service is desired,
a proper application shall be signed by the owner and tenant.[1]
[1]
Editor's Note: Former § 140-16,
Deposits, which immediately followed this section, was repealed 6-17-1992
by Ord. No. 1992-17.
The payment of any disputed bill, within the
meaning of these rules, shall be payment of the bill, with or without
penalty, within 30 days following the period for which the bill was
rendered or payment within 30 days following presentation of the bill
or the payment of any contested bill, payment of which is withheld
beyond the period herein mentioned if the dispute is terminated substantially
in favor of the customer and if payment is made by the customer within
10 days thereafter.
A.
All agreements covering water services shall continue
in force, unless and until receipt of reasonable notice, in writing,
of a desire to terminate the contract. Water service to any premises
will be terminated upon the written order of the applicant without
in any way affecting the existing agreement for sewer service. Sewer
service will not be considered a service subject to shutoff. Requests
for discontinuance of sewer service will be permitted only in cases
of demolition, fire, flooding or by order of the Board of Health for
vacation of the building serviced for health reasons. The owner will
be responsible for the payment of sewer rental charges at the minimum
charges as established by the Township during the time the property
or structure is vacant.
B.
Service may be discontinued for any of the following
reasons:
(1)
Misrepresentation in the application.
(2)
Willful waste of water through improper or imperfect
pipes, fixtures or otherwise.
(4)
Use of water for any other property or purpose than
that described in the application.
(5)
Molesting any service pipe, meter, curb stopcock or
seals or any other appliance.
(6)
Vacancy.
(7)
Neglecting to make or renew deposits or for nonpayment
of any charge accruing under the application.
(8)
Refusal of reasonable access to the property for purposes
of inspecting or for reading, caring for or removing meters.
(9)
Making or refusing to sever any cross-connection between
a pipe or fixture carrying water furnished by the Township and a pipe
or fixture carrying water from any other source.
(10)
Violation of any rules of the Township.
C.
The customer shall not turn the water on or off at
any corporation stop, curb stop or meter valve, or disconnect or remove
the meter or permit its disconnection or removal without the written
consent of the Township.
D.
As necessity may arise in the event of a breakdown
emergency or for any other unavoidable cause, the Township shall have
the right to cut off the water supply temporarily in order to make
necessary repairs, connections, etc., but the Township will use all
reasonable and practical measures to notify the customer of such discontinuance
of service. In such case, the Township shall not be liable for any
damage or inconvenience experienced by the customer or any claim against
it at any time for interruption in service, lessening of the supply,
inadequate pressure, poor quality of water or for any causes beyond
its control. When the supply of water is to be temporarily interrupted,
notice will be given, when practicable, to all customers affected
by the temporary interruption of service, stating the probable duration
of the interruption and also the purpose of the interruption.
E.
Renewal of service. Water service will be renewed,
under a proper application, when the conditions under which such service
was discontinued have been corrected and upon the payment of all proper
charges or amounts provided in the schedule of rates or rules of the
Township due from the applicant.
The Township shall have the right to reserve
a sufficient supply of water at all times in storage to provide for
fire and other emergencies or may restrict or regulate the quantity
of water used by the customer in case of scarcity or whenever the
public welfare may so require.
It is agreed, by parties receiving public fire
service, private fire service or any service, that the Township does
not assume any liability as insurer of property or person and that
the Township does not guarantee any special service, pressure, capacity
or facility, other than is permitted by the ordinary and changing
operating conditions of the Township, as the same exists from day
to day. It is agreed, by the parties receiving service, that the Township
shall be free and exempt from any and all claims for injury to any
persons or property by reasons of fire, water, failure to supply water
pressure or capacity.
A.
Bills are payable at any office or pay agency of the
Township so designated by the Township.
B.
Regular meter readings will be made quarterly, and bills will be
rendered as soon as practicable after the reading of the respective
meters. In case of fire service, bills will be rendered on or about
the first days of January and July for service during the preceding
six months. All bills are due and payable on presentation or delivery.
All customers connected to the water system will be billed and shall
pay the minimum charge quarterly.
[Amended 12-4-2019 by Ord. No. 2019-24]
C.
Delinquent bills.
(1)
If a bill remains unpaid for a period of 30 days after
presentation, it shall be classed as delinquent. Payments made by
mail will be credited as received on the date of mailing, as evidenced
by the United States Postal Service cancellation stamp. If a bill
remains unpaid 14 days after being classed as delinquent, service
may be discontinued at any time after having given not less than five
days' notice. If service is thus discontinued, it will not be restored
until all unpaid bills and all charges, including the turn-on charge,
are paid or satisfactory arrangements made for payment.
(2)
If any bill or part thereof rendered for repairs,
installation, service, meters or water and sewer usage is not paid
before the 30th day following the date the bill is rendered, such
bill or part thereof shall be considered delinquent, and the Tax Collector
is hereby directed to charge and collect interest at the prevailing
rate fixed for interest for delinquent real estate taxes from the
time of such delinquency until paid. Where any bill or part thereof
has become delinquent and remains unpaid for six months, then, upon
certification by the Tax Collector to the Superintendent concerned,
the governing body may direct said Superintendent concerned to discontinue
the service, water and/or sewer facilities, or both, to such customer,
and said service shall not be restored by the Superintendent concerned
until the Tax Collector shall certify that he has received payment
in full for the bill rendered, together with any interest thereon
and the turn-on charge.
[Amended 6-17-1992 by Ord. No. 1992-17]
D.
No abatement on meter bills will be made for leaks
or for water wasted by damaged fixtures.
[Added 5-5-1993 by Ord. No. 1993-10; 12-4-2019 by Ord. No.
2019-24]
At the time of the sale of real property which is serviced by
public water and sewer and located in the Township of Florence, it
shall be the responsibility of the buyer of the property to contact
the Township of Florence at least 10 days in advance of the date of
closing in order to arrange for a reading of the property water meters
within 48 hours of the closing date in order to provide the buyer
and seller with a final water and sewer bill. A per-property fee of
$25 shall be charged for this service. In the event that the buyer
fails to make these arrangements for a final meter reading, the buyer
will be responsible for water and sewer service charges that were
incurred prior to the date the buyer purchased the premises.
A.
General regulations.
(1)
A bona fide customer, as referred to in succeeding
subsections hereafter, shall be a customer of permanent and established
character, exclusive of the real estate developer or builder, who
receives service at a premises improved with structures of a permanent
nature.
(2)
Any facilities installed under the provisions of this
section shall be the sole property of the Township.
(3)
The size, type, quality of materials and their location
will be specified by the Township, and the actual construction will
be done by the Township or by a constructing agency acceptable to
it.
(4)
Adjustment of any difference between the estimated
cost and the reasonable actual cost of any main extension made hereunder
will be made within 60 days after the actual cost of the installation
has been ascertained by the Township.
(5)
Extensions for fire hydrant service, private fire-protection
service and temporary service will not be made under this rule.
B.
Extension of service.
(1)
Individuals. The Township may, depending upon its
financial ability, extend its mains to serve new bona fide customers,
at its own expense, other than to serve subdivisions, tracts, housing
projects, industrial developments or organized service districts,
when the required total length of the main extension from the nearest
distribution main or sanitary sewer main is not in excess of 65 feet
per service connection of each type. If the total length of the main
extension of each or either type is in excess of 65 feet per service
connection applied for, the applicant or applicants for such services
shall be required to advance to the Township, before construction
is commenced, that portion of the reasonable estimated cost of such
extension over and above the estimated reasonable cost of 65 feet
of the main extension per service connection, including the cost of
service connections and meters, and the cost of increasing the size
or capacity of the Township's existing mains or any other facilities
used or necessary for supplying the proposed extension.
(2)
Subdivisions, tracts, housing projects, industrial
developments or organized service districts.
(a)
An applicant for a main extension to serve a
new subdivision, tract, housing project, industrial development or
organized service district shall be required to advance to the Township,
before construction is commenced, the estimated reasonable cost of
installation of the mains from the nearest existing main at least
equal in size to the main required to serve such development, including
necessary service stubs or service pipelines, fittings, valves and
housings therefor, manholes and other appurtenances, and including
public fire hydrants. If, in the opinion of the Township, additional
facilities are required specifically to provide pressure or storage
as a result of the service requested, the cost of such facilities
may be included in the advance.
(b)
The money so advanced will be subject to refund
by the Township, without interest, to the party or parties entitled
thereto to the extent that the advance exceeds the actual cost of
construction, engineering and legal contingencies.
(c)
The Township may, at its option, permit the
developer to contract directly for the performance of all work by
reliable established contractors. Prior to the commencement of work,
the names of all contractors and subcontractors to be employed must
be approved by the Township and a performance bond posted in the full
amount of the Water and Sewer Engineer's estimate of cost. After the
completion of all work and prior to the acceptance of lines and appurtenances
by the Township, the developer will post a two-year maintenance bond
in the amount of 10% of the value of work to be accepted. The developer
shall reimburse the Township for all legal and engineering fees charged
by its consultants in the preparation of contracts, bonds, plans,
specifications, supervision, resident inspection and all work incidental
to the construction engaged in by the developer.
(3)
Design standards and future maintenance. In addition
to any other design standards regarding water main extensions, the
following shall apply:
[Added 10-4-1995 by Ord. No. 1995-25]
(a)
Waterlines whose primary function is to and
will be to serve adjacent properties shall be a minimum of eight inches
in diameter.
(b)
Waterlines which serve as feeder lines to several
streets shall be a minimum of eight inches in diameter and shall be
laid out to provide loops connecting with other waterlines which enclose
an area not greater than 1/4 of a square mile.
(c)
Waterlines which provide the main feed from
present or future sources of water supply or storage shall be not
less than 12 inches in diameter and shall be installed in such a fashion
as to form loops connecting with other waterlines which enclose an
area not greater than one mile square.
(d)
Waterlines whose only purpose is to serve as
feeder lines to abutting properties and to which there is no fire
hydrant connected and which do not serve more than four residences
shall be a minimum of eight inches in diameter if specifically approved
by the Township Water and Sewer Engineer and Water and Sewer Superintendent.
(e)
Hydrant and valve locations shall be constructed
in such a fashion that not more than one hydrant is affected by shutting
off any one section of water supply. Hydrants shall be located not
more than 600 feet apart along any street line and shall be installed
in such a manner that not more than three valves are necessary to
shut off any one section of the subdivision tract. Each hydrant shall
be installed so that there is a shutoff valve between the hydrant
and the water main.
(f)
No less than three valves shall be provided
for each T-connection, one on each side of the connection. No less
than four valves shall be provided for each cross-connection, one
on each side of the connection.
(g)
Fire hydrants shall have the following minimum
discharge ports:
[1]
One four-and-one-half-inch main steamer connection
with national standard fire threads.
[2]
Two two-and-one-half-inch side connections (one
on each side of the hydrant barrel set back 90º from the main
steamer connection with both being on the same plane as the main steamer
connection) with national standard fire threads.
[3]
The hydrant main valve size shall be a minimum
of 4 1/2 inches full flow.
(h)
Prior to preliminary and final subdivision approval
all proposed water supply plans and hydrant locations shall be submitted
to the Board of Fire Commissioners for their review and approval.
(i)
Where the water distribution supply system is
installed outside of a public right-of-way, easements or rights-of-way
shall be provided in favor of the Township for future maintenance
of the water supply distribution systems.
A.
Turn-on charge. When water has been turned off from
any premises because of violation of the Township's rules or for nonpayment
of a bill or at the request of the owner, a charge of $15, payable
in advance, will be made for again turning on the water for an original
connection.
[Amended 7-19-1989 by Ord. No. 1989-12]
B.
Complaints. Complaints with respect to the character
of the service furnished or the reading of the meters or of the bills
rendered must be made at the Township Office, either orally or in
writing, and a record of such complaint will be kept by the Township,
noting the name and address of the complainant, the date, the nature
of the complaint and the remedy.
C.
Reasonable access. The properly identified authorized
agents of the Township shall have the right of access to the premises
served, at all reasonable hours, for the purposes of reading meters,
examining fixtures and pipes, observing the manner of using water
and for any other purpose which is proper and necessary in the conduct
of the Township's business.
D.
Prohibited acts. No plumber, owner, tenant or other
unauthorized person shall turn the water on or off at any corporation
stop, curb stop or meter valve or disconnect or remove the meter without
the written consent of the Township.
E.
Penalties. Any person who shall violate any provision of Part 3 of this chapter shall, upon notification by the Township, immediately correct the violation and be assessed the cost of all damages to Township property. Any person who fails to immediately correct the violation or repeatedly violates the same provision shall, upon conviction, be subject to a fine not exceeding $1,000 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the Municipal Judge.
[Amended 12-21-1983 by Ord. No. 1983-12; 12-1-1993 by Ord. No. 1993-32]
F.
Oral agreements. No agent or employee of the Township
has authorization to bind it by any promise, agreement or representation
not provided for in these rules. The Township reserves the right to
change, take from or add to the foregoing rules and regulations.
G.
Single service.
(1)
Water only. In instances where owners of existing
properties make application for and are furnished only water service,
all rules pertaining to water service must be complied with, and the
charge for such service should be as described in the rate schedule.
(2)
Sewer only. In instances where owners of existing
properties make application for and are furnished only sewerage service,
all rules applicable to furnishing sewerage service must be complied
with, and the charge for such service shall be as described in the
rate schedule.
H.
Damage claims.
(1)
In all contracts for general or special water or sewer
service, it is expressly understood and agreed that no claims will
be made against the Township for damage to life or property by reason
of the breaking of any service pipe, water fixture, meter or appliance
within the customer's premises, unless caused by the negligence of
the Township or its employees, nor for any damage due to the failure
of the water supply for any cause beyond the Township's control, including
increased pressures which are put on the mains during the times of
fires, drills by the fire company and any other time.
(2)
All consumers having boilers upon their premises depending
upon the pressure of the water in the Township's pipes to keep them
supplied are cautioned against the danger of collapse, and all such
damage must be borne exclusively by the consumer.
(3)
No water will be furnished to any premises where any
possibility exists of the mingling of the water furnished by the Township
with water from any other source, nor will the Township permit its
mains or service pipes to be connected in any way to any piping, tank,
vat or other apparatus containing liquids, chemicals or any other
matter which may flow back into the Township's service pipes or mains
and consequently endanger the water supply.
I.
Rules and regulations; rates. The Township reserves
the right to change or amend, from time to time, these rules and regulations
and the rates for water or sewer service.
[Added 12-20-1989 by Ord. No. 1989-33]
A.
Description of Special Water and Sewer Service Area.
[Amended 8-19-1998 by Ord. No. 1998-27]
(1)
Special Sewer Service Area: beginning at a point on
the Burlington Township Florence Township border at its intersection
with the southern edge of Route 130 right-of-way and continuing along
said border 1,050 feet south; continuing on a course parallel to Route
130 to the Pennsylvania Extension of the New Jersey Turnpike; then
along the northeastern edge of the turnpike right-of-way to the Mansfield
Township - Florence Township border; continuing along the Mansfield
border to Route 130; then along the western edge of the Route 130
right-of-way to the northeastern edge of the turnpike right-of-way;
then in a westerly direction to the intersection of Cedar Lane and
Railroad Avenue; then along the westerly right-of-way of Railroad
Avenue to the northerly right-of-way of Fifth Street (paper street);
then along an imaginary line in a westerly direction to the southwesterly
right-of-way of the intersection of East Fifth Street and Olive Street;
then along the southerly right-of-way of Olive Street to the intersection
of Cedar Lane; then crossing Cedar Lane and following the southerly
edge of the New Jersey Turnpike Authority access road to its intersection
with the northerly right-of-way of Pennsylvania Extension of the New
Jersey Turnpike; then along the northerly right-of-way of the New
Jersey Turnpike to the southeasterly intersection of Block 155.49;
then along the easterly line of Block 155.49, also being the westerly
right-of-way of Broad Street to its intersection with the center line
of Ninth Street (extended); then along the center line of Ninth Street
to the intersection of Summer Street, also being the intersection
of Blocks 156.01 and 155.49; then following the block limit of Block
156.01 in a northerly and westerly direction (counterclockwise) to
its intersection with the right-of-way of Front Street; then south
along the easterly right-of-way of Front Street to the Florence Township
- Burlington Township boundary; then easterly along the Township boundary
to the point of beginning. Excluded from this area shall be all properties
which have previously been assessed for sewer improvements and all
Township- or publicly-owned properties.
(2)
Special Water Service Area: all lands included in
the Special Sewer Service Area and those additional lands east of
the Special Sewer Service Area to the Florence-Mansfield and Florence-Springfield
Township boundaries.
B.
Reimbursement to Township of Toll Brothers' cost
of installing certain water and sewer conveyance facilities. Pursuant
to N.J.S.A. 40:55D-38b(3), the Planning Board and the Zoning Board
of Adjustment of the Township of Florence shall condition any land
subdivision or site plan approvals or any property owned or obtaining
water or sewer utility approvals from the Township shall be required
to connect to the water and sewer facilities installed in the Special
Water and Sewer Service Area by Toll Brothers and ,shall be required
to reimburse the Township their pro rata share of the cost of the
construction by Toll Brothers of those water and sewer conveyance
facilities. The time of payment the total pro rata share of cost of
reimbursement shall be the date of the issuance of the first construction
permit on the development.
[Amended 8-19-1998 by Ord. No. 1998-27]
(1)
Sewer reimbursement costs. Reimbursement costs shall
be defined as those costs expended by Toll Brothers, in accordance
with Toll Brothers' Sewer Service Agreement, divided by the total
sewage flow expected to be generated from the special service area
times the new gallonage calculated to be connected. The developer
shall calculate the principal and interest associated with the sewer
facilities improvements each year, and forward to the Township for
approval. The Township's Water and Sewer Engineer shall calculate
the total sewage flow expected to be generated once each year, based
on the current zoning and revised number of units, square footage
or other applicable criteria, known to have been or anticipated to
be connected within the defined service area.
|
(a)
|
Reimbursement cost = reimbursable
cost (P & I)
per gallon collected total gallonage to be connected
| ||
|
(b)
|
Reimbursement cost = reimbursement cost times gallons to be connected per gallon
connected
| ||
|
NOTES:
The reimbursement cost per gallon to be connected
shall be calculated by the Township's Water and Sewer Engineer at
the beginning of each year and shall apply for the entire calendar
year.
| |||
(2)
Water reimbursement costs: reimbursable costs shall
be defined as those costs expended by the developer, in accordance
with the developer's Water Service Agreement, divided by the gallonage
the improvements caused by the Township's water supply system capacity
to be increased by times the gallonage calculated to be connected.
The developer shall calculate the principal and interest associated
with the water facility improvements each year and forward to the
Township for approval. The total additional gallonage generated as
a result of the developer's work to existing Well No. 2 is 288,000
gallons per day. The total additional gallonage generated as a result
of the developer drilling new Well No. 5 is 720,000 gallons per day.
|
Reimbursement cost = reimbursement
cost times gallons to be connected additional gallonage
generated
| |
|
NOTES:
The reimbursement cost per gallon to be connected
shall be calculated by the Township's Water and Sewer Engineer at
the beginning of each year and shall apply for the entire calendar
year.
|
C.
Time of reimbursement to the Township of developer's costs. The Township shall be reimbursed the costs referred to in § 140-39B before the recording of final subdivision plats or upon receiving final plan approval or a building permit, whichever first occurs.
[Added 8-19-1998 by Ord. No. 1998-24]
D.
Reimbursement to Township of developer's cost of installing
certain water and sewer conveyance facilities. Pursuant N.J.S.A 40-55D-38b(3),
the Planning Board and Zoning Board of the Township of Florence shall
condition any subdivision or site plan approvals or any property obtaining
water and sewer utility approvals from the Township who are tying
into the water or sewer conveyance facilities installed by Ryland
which were the subject of water and sewer service agreements dated
February 21, 1996 and September 17, 1997, between Ryland and the Township
of Florence, shall be required to reimburse the Township the pro rata
share of the cost of construction by Ryland of those water and sewer
conveyance facilities, which amount shall be calculated by the Florence
Township Water and Sewer Engineer. The time of payment the total pro
rata share of the cost of reimbursement shall be due is the date of
the issuance of the first construction permit on the development.
[Added 9-2-1998 by Ord. No. 1998-28]
