Borough of Stanhope, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 12-27-1972 by Ord. No. 1972-14. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
A. 
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
AGENT
Any duly authorized representative of the owner.
COST
Includes labor, material, transportation, expenses, equipment, supervision, engineering and all and every necessary overhead expense.
CUSTOMER
Any owner, agent or occupant who is responsible for the payment of fees specified herein.
EXTENSION
The extension of a water main along a street, avenue or highway. An "extension" shall not include the water service connection as herein defined.
LIEN
Refers to the charges of any nature, levied by the Water Department, arising out of any charge resulting from the installation service or distribution of water, which charges are declared to be a lien against the property served by virtue of the statute in such case made and provided.
MAIN or MAINS
All pipes, including valves, valve boxes, fittings and appurtenances, other than service connections conveying water to or distributing water from the Borough of Stanhope water supply.
OWNER
The applicant.
PRIVATE HYDRANT
A fire hydrant located upon private property and privately owned.
PRIVATE MAIN
A main running through private property or in a private street to serve more than one home or other buildings or properties.
PUBLIC HYDRANT
A fire hydrant under the control of the municipality located on a right-of-way of the municipality or municipal property.
SERVICE CONNECTIONS or SERVICE PIPE or SERVICE LINE CONNECTIONS (including "corporation stop")
A pipe or pipes connected to a main and extending thence to privately owned property or premises for supplying water service thereto.
SUPERINTENDENT
The person retained by the Town Council as the qualified licensed Superintendent of the Water Department, who shall be charged with the responsibility and authorized to carry out the provisions contained in this chapter.
WATER DEPARTMENT
All the property, organization or operation of the water supply system and each and every part thereof, collectively or separately, functioning under the direction of the Councilmanic Committee of the Borough of Stanhope, either directly or by duly authorized representatives or agents, and operating as a water utility.
WATER SERVICE CONNECTION
The pipe serving a premises from the main into the premises to a point three feet beyond the meter, including the meter.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
[Added 6-26-1978 by Ord. No. 1978-13]
Every house, building or structure hereafter constructed, assembled or moved on any lot or lots in the Borough of Stanhope intended for residential, commercial or industrial use or professional occupancy and located on any street or easement along the line of any public water system constructed prior to the construction of such house, building or structure shall be connected with and remain connected to said public water facility by the owner of said house, building or structure; provided, however, that any house, building or structure having an approved private water supply system prior to the installation of such public water supply mains shall not be required to connect to the public water supply mains within the borough.
[Added 12-27-1979 by Ord. No. 1979-15]
A. 
Notwithstanding the provisions of §§ 136-1.1, 136-5 and 136-6 of this Code, no new or additional water service line connection permits shall be issued until January 1, 1983, except as hereinafter provided.
[Amended 12-29-1981 by Ord. No. 1981-19]
B. 
The Water Department may issue a water service line connection permit for applications made pursuant to §§ 136-19, 136-20 and 136-24, provided that such use shall not constitute a new connection. Water service line connection permits may also issue for applications made for those structures for which a building permit was validly issued prior to January 28, 1980. Water service connection permits may also issue for any completed building or structure in existence on January 1, 1982, which is not currently connected to the municipal water system.
[Amended 12-29-1981 by Ord. No. 1981-19]
C. 
Notwithstanding the provisions of § 136-1.1, the Water Department shall not obligate any residential, commercial, industrial or professional occupancy owner or user to secure a connection with an existing public water facility until January 1, 1982. Any such owner or user may install or use an approved, private water supply system until January 1, 1982, at which time said owner or user shall be obligated to discontinue said use and to connect and remain connected to the public water facility pursuant to the provisions of § 136-1.1.
A. 
The water mains and appurtenances, service pipes from main to curbline, corporation stops, curb stops and boxes of the Department shall be under the control of the Committee and its authorized agents and employees, and all other persons are forbidden to disturb, tamper with, injure, change, obstruct access to or interfere with said water mains and appurtenances, service pipes from main to curbline, corporation stops, curb stops and boxes in any way.
B. 
Any person or persons, firm or firms, or corporation or corporations receiving a supply of water for any purpose from the water system operated by the borough shall be subject to the rules and regulations as set forth herein.
A. 
The owner of any house, building or lot shall be liable for the payment of the service charge or rent, as fixed herein, for the use of water and for all fees and other charges in connection with the installation, repair and testing of any water meter, water service, connections, appliances or parts, and renewals thereof, heretofore or hereafter furnished or made by the Stanhope Water Department in or upon such house, building or lot until the same is paid and satisfied.
B. 
Payment for the use and consumption of water and for all other fees and charges incurred shall be paid to the Stanhope Water Collector.
C. 
All bills for the furnishing of water by the Water Department shall be payable for the preceding quarter on the first day of January, April, July and October of the respective quarterly period. If bills are not paid on said date, interest shall accrue on the unpaid balance at the same rate as charged by the Borough for the nonpayment of taxes. If bills are not paid within 60 days after the due date for the respective quarter, the water supply shall be discontinued and shall remain off until the total amount due, including interest and turnoff charge, as provided for in Chapter 82, Fees, shall have been made. The owner shall remain liable for all charges for buildings which are unoccupied unless written notice of said unoccupancy is given at the time such building becomes unoccupied.
[Amended 5-31-1978 by Ord. No. 1978-9; 9-25-2001 by Ord. No. 2001-7]
[Amended 12-13-2011 by Ord. No. 2011-19]
All bills and notices regarding water service provided by the Borough of Stanhope shall be billed to the owners of the real property receiving water service. Bills and notices will be mailed to the property owner through ordinary United States Mail Service, and if not received, the owner shall obtain them from the Superintendent of the Water Department or an agent or employee thereof. Failure to receive bills or notices shall not excuse the nonpayment of water bills.
All applications for the use of water or for a service connection shall be on forms to be provided at the office of the Department by the owner of the premises or by his duly authorized agent, the fee for which shall be payable in advance.
[Amended 5-31-1978 by Ord. No. 1978-9]
Persons desiring the use of water for building construction shall make application according to the provisions as herein provided. Under no circumstances shall water for building construction be taken from the fire hydrant of the borough. A flat rate, depending upon the type and size of the building, will be made for water used in building construction unless the Water Department shall require the water to be metered. The minimum flat rate charge for such building will be as provided for in Chapter 82, Fees, payable in advance. The Water 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, in which event meters shall be rented from the Water Department and charged for at regular rates for meters.
[Amended 5-31-1978 by Ord. No. 1978-9; 4-25-1995 by Ord. No. 1995-17]
The borough or its agent(s) shall perform the tapping of the main, and shall furnish the corporation, the curb stop, the curb box and the service line from the corporation to the curb stop in consideration for a fixed fee, plus the actual cost of providing same, as provided in Chapter 82, Fees. No work required to provide the connection shall be authorized until the fixed fee is paid. The fixed fee is created based on the need to defray the capital costs incurred by the borough's water utility and shall, therefore, be commensurate therewith.
A. 
No street openings shall be made except upon the consent of the Water Department, and subject to such terms as it may impose, and upon notice to the Road Department.
B. 
The applicant shall be responsible for obtaining the necessary road-opening permits for any state or county road affected by the work necessary to complete a service connection. The applicant shall be required to pay all fees covering the costs of road repairs at current rates charged by the state, county or borough. The applicant shall perform or have performed all excavating and backfilling of trenches for service connection and service lines and shall be responsible for any and all costs arising therefrom.
[1]
Editor's Note: See Ch. 120, Streets and Sidewalks, Art. I, Excavations.
[Amended 4-19-1983 by Ord. No. 1983-4]
For all major subdivisions or improvements to the existing Borough of Stanhope water utility, the applicant shall construct the water utility distribution system according to the following standards and/or amended standards:
A. 
Service line, connection and pipe standards.
(1) 
The proposed water system shall be designed to include loops to provide two directions of water supply to any portion of the system. In the event that a dead-end main is approved, then said dead-end main shall be provided with a fire hydrant as specified elsewhere within this chapter. Said fire hydrant shall also be designed to operate as a blowoff.
(2) 
All pipe for the distribution system shall be new ductile-iron pipe, Class 50, double cement lining and bituminous-coated outside, an inside diameter of six inches minimum or larger as specified in a water master plan or required by the Planning Board.
(3) 
All ductile-iron pipe shall have mechanical-type joints with two serrated brass wedges driven between the bell and spigot.
(4) 
All fittings shall be ductile iron, mechanical joint with two brass wedges and bituminous coated.
(5) 
The distribution system shall have sufficient valving to isolate various portions of the system. The distribution system and valving plan shall be approved by the Planning Board and the Borough Water Committee. All valves shall be provided with a telescoping valve box and shall be plumb and flush to the roadway surface.
(6) 
All bends and end plugs shall have retaining glands and shall be provided with concrete thrust blocks.
(7) 
Any connection to the existing water system or internal connections to a new water system, where unable to be connected with a standard bell-and-spigot joint, shall be made with a coupling. No repair sleeves will be allowed.
(8) 
Each individual house, commercial establishment, apartment or individual dwelling unit of a multifamily dwelling shall have a water meter.
(9) 
All service connections shall be Type K annealed, seamless copper tubing with a minimum diameter of 3/4 inch for domestic services or larger size as shall be designated by the Water Department for commercial and industrial buildings and shall be one piece from the corporation stop to the curb stop. The corporation stops and the curb stop with curb box and rod shall be of the type and brand specified by the Borough Water Committee.
(10) 
All service lines shall have a curb box provided at the right-of-way line of the roadway, but not within concrete sidewalks, or at the edge of an easement if not constructed within a public roadway, and each service line shall be equipped with a water meter of the type and at the location as specified by the Borough Water Committee.
(11) 
All fire hydrants shall be of the type as specified by the Borough Water Committee and shall have a minimum of two two-and-one-half-inch outlets and one steamer outlet. The hydrant shall be connected to the distribution system with ductile pipes with a minimum diameter of six inches. A gate valve shall be constructed between the water main and the hydrant at the water main tee. The hydrant and gate valve shall be double-rodded to the tee fitting on the water main. Hydrants shall be provided with a concrete thrust block and drainage material. No connections of any type shall be made on the hydrant spur.
(12) 
All pipe for the distribution system shall be constructed in a trench and have a cover to the finished grade of the roadway or easement of a minimum distance of 4 1/2 feet and a maximum distance of six feet as measured from the top of the pipe. Service connections shall have a minimum cover of four feet.
(13) 
All water mains, hydrant connections, valves, fittings and service lines shall be provided with a sand cushion extending six inches below the exterior of the pipe and shall extend a minimum of 12 inches above the pipe. The following trench backfill shall have a maximum particle size of two inches for an additional depth of two feet above the sand cushion.
(14) 
The completed water system shall be subjected to a pressure/leakage test with water under hydrostatic pressure of 200 pounds per square inch, and said pressure shall be maintained for a period of two hours minimum. Any leakage shall not exceed the amounts allowable under AWWA C600 Section 13.7. The test shall be witnessed by the Superintendent of the Borough Water Department.
(15) 
The entire new water system shall be disinfected prior to use, as per American Water Works Association standards.
(16) 
All construction shall be inspected and approved by the Superintendent of the Borough Water Department or his representative. No work shall be backfilled prior to inspection. At least 24 hours' notice shall be given the Water Department for the purpose of inspection. The cost of the inspection shall be paid by the applicant/developer via an advance escrow account.
(17) 
Prior to acceptance of the water system by the borough, final approval by the Planning Board or issuance of any certificate of occupancy, the applicant/developer shall provide the borough with complete as-built plans, in reproducible Mylar, showing all parts of the new system. All valves shall have four ties to permanent objects for future location. The as-built plans shall be submitted to the borough in sufficient time for the Superintendent of the Borough Water Department to field-check all data shown and to ascertain that all valves are in proper working order.
B. 
Installation.
(1) 
The installation of service lines from the curb stop or repair work thereon shall be performed by a plumber duly qualified to perform such work at the expense of the applicant. All service connection pipe shall be installed at least 4 1/2 feet below the surface. No rigid connection to any other water distribution system shall be made.
(2) 
The service connection shall, as far as practical, be installed at right angles to the main and in a straight line to the meter. There shall be no attachment thereon from which water may be drawn between the main and the meter.
(3) 
Service pipe shall be installed only through the property of the applicant unless said applicant shall enjoy an easement or right-of-way, duly recorded, for said purpose.
(4) 
Water pipe shall not be installed in the same excavation or trench with sewer pipe unless the same shall be separated vertically by at least two feet.
The owner shall be responsible for the maintenance of the service line from the curb to the meter or interior of the building and shall keep the same in good repair and protect it from damage due to frost or other causes. All leaks in the service lines shall be reported promptly to the Water Department and shall be repaired by the owner. The owner shall be liable for water escaping from such leaks at a charge to be estimated by the Water Department based upon the estimated quantity of water escaping. If repairs are not so made, the Water Department may shut off the water and may refuse to turn it on again until the line is put in serviceable condition. No person, except an employee of the Water Department, shall turn water on or off at the curb stop.
A. 
All service lines shall be installed in such manner that a meter and yoke may be inserted at the point of entry to the premises. Valves shall be installed at this point as follows:
(1) 
One Roundway Tee Stop on the street side of the meter and yoke.
(2) 
One globe valve with drain on the house side of the meter and yoke.
B. 
The borough will provide the meter and yoke, the cost thereof to be borne by the owner.
The Water Department may refuse to supply water to premises where the plumbing work has not been done in accordance with the rules and regulations of the Borough of Stanhope and the Board of Health or where an applicant has not supplied a space or area acceptable to the water meter and appurtenances.
[Amended 5-28-1975 by Ord. No. 1975-5]
A. 
Each metered water user shall pay the fees as provided for in Chapter 82, Fees.
[Amended 5-31-1978 by Ord. No. 1978-9]
B. 
Each unmetered water user shall pay the fees as provided for in Chapter 82, Fees.
[Amended 5-31-1978 by Ord. No. 1978-9]
C. 
These rates shall be effective July 1, 1975.
Whenever practical, the Water Department will require a separate meter for each living accommodation or usage in multiple-service buildings. If such separate meter service shall not be practical, all such units may be serviced by one meter of proper size under said circumstances, and the property owner shall be billed for all water used in said multiple units and shall be liable for payment thereof. The charge for water shall be computed upon the meters installed and the foregoing charges set forth above in the rate structure. However, where there are multiple units, the minimum rate for such multiple units shall be the minimum rate of a single-service meter multiplied by the number of units. No reduction in the number of said units will be recognized for nonoccupancy.
The Water Department shall have access at all reasonable hours to premises connected to the water distribution system for the purpose of reading and installing the meter and of inspecting and maintaining equipment. The hours between 8:00 a.m. and 8:00 p.m. shall be reasonable hours for this purpose.
A. 
In the case of prolonged scarcity of water from any cause, the Water Department reserves the right, upon public notice, to have the use of water suspended or restricted, but not in limitation thereof, for the following purposes:
(1) 
Lawn or garden sprinkling.
(2) 
Swimming pools.
(3) 
Air-conditioning purposes.
(4) 
Car washing.
B. 
Water service may be discontinued, upon such notice as shall be reasonable or practicable, for any of the following reasons:
(1) 
For the use of water for any properties or purposes other than those permitted in this chapter or described in the application.
(2) 
For willful waste of water through improper, defective or imperfect pipes, fixtures or otherwise.
(3) 
For failure to maintain in good order connections, service lines or fixtures owned by the consumer.
(4) 
For molesting or tampering with any service pipe, meter, curb stop or seal or any other appliances of the Water Department.
(5) 
For refusal of access at reasonable hours for purposes of inspecting or installing, reading or maintaining fixtures, pipes and meters.
(6) 
For nonpayment of bills, rents, charges or fees or for penalties imposed or for any other reason causing or tending to cause a loss to the Water Department.
(7) 
For failure to decrease or limit the use of water when requested by the Water Department.
(8) 
For violation of any ordinance relating to the use and distribution of water.
(9) 
For misrepresentation in the application for water service respecting the property to be served or the fixtures to be supplied or the use to be made of the water.
(10) 
At the discretion of the Water Department when the premises become vacant.
C. 
The Water Department reserves the right to shut off water service without notice in case of technical defects or for other unavoidable cause or for the purpose of making necessary repairs, connections or other alterations to the water distribution system.
D. 
In no case shall water be turned on again until the defects have been remedied and all bills due and charges or penalties and fees imposed have been paid. The owner of the premises shall also be liable for any loss sustained by the Water Department as the result of such defects.
E. 
Should the occupant of the premises turn on the water or suffer or cause it to be turned on after it has been shut off at the curb by the Water Department, it shall be shut off again, the curb stop shall be sealed and a charge as provided for in Chapter 82, Fees, shall be made for the expense of shutting off the curb stop and turning it on again.
[Amended 5-31-1978 by Ord. No. 1978-9]
F. 
Neither the Water Department nor the Borough of Stanhope shall be held liable for any damage which may be claimed due to the failure or any restriction of the water supplied or from low to high pressure or from damage due to water quality.
The Water Department reserves the right to add to or modify the rules and regulations governing the water distribution system at any time.
Owners of a vacant building or buildings that are about to be vacated shall give at least five days' notice to the Water Department that such buildings are about to become vacant so that water may be shut off, and said owners will be responsible for the water charges until such notice is given.
A new application for water service shall be filed upon the change of ownership of the property described in the original application, and the Water Department may discontinue water service until such new application has been filed and approved.
[Amended 5-31-1978 by Ord. No. 1978-9]
When requested by the owner or his agent, the Water Department shall discontinue service to a property either temporarily or permanently. A turnoff charge as provided for in Chapter 82, Fees, shall be made when the service is restored, but in no event shall water be turned on until all water charges have been paid.
No adjustments of water charges due to failure of the Water Department to discontinue or restore water service shall be made unless the request for discontinuance or restoration is in writing and duly filed with the Water Department.
When turning on the water supply as requested and the house or property is vacant, the Water Department will not accomplish the same unless in the presence of the occupant or owner. If such is found to be the case, the water will be left shut off at the curb stop. The Water Department's jurisdiction and responsibility ends at the curb stop, and the Water Department will in no case be liable for damages occasioned by water running from open or faulty fixtures or from broken or damaged pipes beyond the Water Department's curb stop.
Where connections are abandoned, the owner of the premises or the applicant shall pay for having the same shut off and plugged at the curb stop or corporation stop, at the option of the Water Department, before a new connection will be installed to said premises.
Where persons, corporations or contractors making improvements, etc., necessitating excavations in streets wherein water mains and service connections are laid and requiring said water mains and service connections to be cut and refitted, lowered or raised, etc., said persons, corporations or contractors shall make written request to the Water Department to make such changes and shall furnish a satisfactory guarantee to said Water Department insuring the payment of all costs incurred by said Water Department in making the changes necessary or required to be made.
The Water Department shall not be liable for any damages resulting from the bursting or breaking of any main or service pipe.
[Amended 5-31-1978 by Ord. No. 1978-9]
In the event that the Water Department is required to repair any pipes or appurtenances affecting the water service of any consumer, the owner, agent or customer so affected shall be required to pay a minimum charge as provided for in Chapter 82, Fees, for each Water Department employee required to perform the necessary repair service.
[Amended 5-31-1978 by Ord. No. 1978-9]
When any consumer of water requests a meter reading for the purpose of ascertaining whether or not said meter is accurately functioning, a charge, as provided for in Chapter 82, Fees, shall be made for the testing of said meter. Said sum shall be retained by the Water Department if said test discloses that the meter is accurate. In the event that said test disclosed that the meter is inaccurate, the testing charge shall be refunded to the consumer.
A. 
All mains shall be installed within the boundaries of public roads or streets or, where such streets and roads have not yet been accepted by the municipality, within the boundaries of roads and streets laid out in compliance with all ordinances of the Borough of Stanhope.
B. 
The installation of water mains in any street, lane, road, etc., by the borough or by others shall not imply borough ownership or acceptance of such streets, lanes, roads, etc., unless and until they otherwise comply with borough requirements for acceptance, ownership and maintenance.
C. 
The cost of installation of water mains and fire hydrants, in any existing street, lane, road, etc., may be assessed in whole or in part against property owners, including real estate development benefiting by such extension.
D. 
All water mains, hydrants and associated facilities, such as booster pumps, pressure tanks, service lines, curb stops, curb boxes and valves, as required by the Water Department on new or proposed streets, shall be installed and paid for by the real estate developers or builders, and ownership thereof shall be transferred to the Borough of Stanhope when such installation meets with the approval of the Water Department. Prior to any such acceptance, it shall be necessary for the real estate developer or builder extending said water system, as herein provided, to submit to the Water Department a detailed map indicating the location of the controls as well as the depth of the subsurface lines and controls by acceptable engineering detailed drawings.
E. 
The Water Department shall specify the type, size and location of all mains, hydrants, booster stations, pressure tanks, etc., on all new extensions, and the entire system is subject to inspection and approval by the Water Department and is to be tested under the Water Department's supervision before backfilling.
F. 
If an existing main adjoins a property in a real estate development and is of sufficient capacity for the additional amount of water required for said development, the charges for connecting the existing main to the mains of said development shall be set by the Borough Council. If the capacity of the existing main is not adequate to supply the additional amount of water to be used in said development, the developer shall be responsible for the installation of a suitable main and other necessary equipment, which equipment may be installed only after review and approval of said extension by the Water Department officials. Any such extension of a new main shall not be undertaken unless and until the developer responsible for the same shall have entered into an agreement with the borough, which agreement shall include the terms and conditions relative to the method and cost of installation and other matters incidental to any such extension. Any such agreement shall be required to have included therein a provision requiring the developer to pay to the borough the sum as provided for in Chapter 82, Fees, for each service connection to be made by the developer from the extended main.
[Amended 5-31-1978 by Ord. No. 1978-9]
G. 
The installation of new water mains in major subdivision tracts developed for residential, industrial, commercial and research use shall in all cases conform to the requirements of the Subdivision Ordinance[1] and the applicable rules and regulations of this chapter.
[1]
Editor's Note: See Ch. 100, Land Development.
H. 
Limited main extension, other than in major subdivision developments or as part of the borough extension program, may be made on the basis of individual application and in accordance with the agreements between the applicant and the borough. In such case, however, the applicants or applicant to be served shall pay the entire cost of such extension. Such extension shall not be authorized until the plans and method of installation, as well as the location of the same, is submitted to the Water Committee for approval. The submission of the planned extension shall contain, within the specification submitted, a detailed map prepared by a licensed professional engineer indicating the location of the main extension and the appurtenances thereto. Any such limited main extensions shall be subject to all of the rules, regulations and requirements of the provisions of this chapter relating to extension to or changes in existing mains in the borough.
A. 
No person shall take water from any fire hydrant or hose plug except for the use of a recognized fire company, and no fire hydrant shall be used for sprinkling the street, flushing sewers or gutters or for any other purpose without the authorization of the Water Department.
B. 
The Chief or Chiefs of the Fire Company and his or their assistant officers are authorized to use the public fire hydrants for the purpose of extinguishing fires and also, with due care, after notice to the Water Department, to a reasonable extent to use water for the purpose of drills and tests and washing fire equipment, but all such uses shall be under the supervision and direction of the Chief or Chiefs or his assistant officers and in no event shall an inexperienced or an incompetent person be permitted to manipulate or control in any way any fire hydrant.
C. 
Hydrant location.
[Amended 2-23-1988 by Ord. No. 1988-2]
(1) 
Hydrants shall be located wherever possible at each street intersection and shall be so distributed that in no instance shall hydrant spacing exceed 600 feet, measured along paved roads. Hydrants shall be placed at the end of each temporary and permanent cul-de-sac roadway. Air release valves shall be provided at all high points in the system when hydrants are not located at these points.
(2) 
The location of a fire hydrant may, upon written request, be changed with the approval of the Water Department, and the estimated cost of making such change shall be paid for by the applicant in advance. No hydrant will be moved which will increase existing insurance rates.
D. 
The location and setting of new fire hydrants shall be made in conformity with the requirements and recommendations of the National Board of Fire Underwriters.[1]
[1]
Editor's Note: See Ch. 84, Fire Prevention.
E. 
No person shall in any manner obstruct or prevent free access to or tamper with or injure 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 from any fire hydrant. Any such obstruction, when discovered, may be removed at once by the Water Department at the expense of the person responsible for the obstruction, and he shall be liable to a fine as herein provided. Repair for damage of a hydrant shall be charged to the person responsible.
F. 
The Water Department shall not be liable for a deficiency or failure in the supply of water for the control or suppression of fires from any cause.
A. 
When, in the judgment of the Water Department, it is practical, private fire service connections may be allowed for hydrants, hose connections or sprinkler systems on private property, for which a flat rate or meter rate, at the option of the Water Department, will be charged, subject to special contract and special rules and regulations governing such service as may be determined by the Water Department.
B. 
All private fire hydrants shall be installed at the sole cost of the applicant, subject to approval of the type, size and installation thereof by the Water Department.
C. 
All private fire hydrants shall be subject to use by the Fire Department for the control and suppression of fires, whether on the property of the applicant or not.
D. 
All private fire hydrants and all facilities installed shall be maintained by the persons receiving the benefit thereof under the supervision of the Water Department.
[Amended 5-31-1978 by Ord. No. 1978-9]
No company or person shall undertake the thawing of water service pipes or mains by the use of electric current without the authorization and supervision of the Water Department. The services of a Water Department inspector shall be paid for at the rate provided for in Chapter 82, Fees, by the company or individual to whose work he is assigned.
A. 
Any person doing any plumbing work in connection with the installation and maintenance of a service line shall report within five days to the Water Department all violations of this chapter and of the rules and regulations of the Water Department which come to his knowledge or attention.
B. 
Any person doing any plumbing work, as aforesaid, shall indemnify and save harmless the borough and the Water Department from all accidents and damage resulting from his work, whether such work is done by him personally or under his direction.
C. 
Direct boiler connections. Where high-pressure steam boilers or boiler feed pumps are connected directly with the service connection, depending upon the pressure in the mains for supplying such boilers or pumps, without an intervening tank or receptacle, a check valve shall be placed in the feed pipe in addition to the controlling valve. Neither the borough nor the Water Department shall be responsible for any accidents or damage resulting from any direct connection from any cause whatever.
D. 
Any person doing any plumbing work, as aforesaid, may turn on the water after the connection is completed to test out his work but shall leave the curb stop closed when he has finished the work unless specifically authorized to leave it turned on by the Water Department.
E. 
Any persons making changes in piping, fixtures and facilities subject to flat rate charges shall forthwith notify the Water Department of such alterations.
[Amended 5-31-1978 by Ord. No. 1978-9; 6-30-1998 by Ord. No. 1998-8]
Any person, owner, consumer or other person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or any requirements thereof, or who shall violate or fail to comply with any order or rule made under this chapter, and any property owner, consumer, corporation or other person, firm or corporation who may be employed or assist in the commission of any such violation or violations shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof. Each day during which any such violation or violations continue or is allowed to exist shall constitute a separate and distinct offense.
A. 
Where two or more consumers are supplied through a single-service line, any violations of the rules of the Water Department with reference to either or any of said consumers, as the case may be, shall be deemed a violation as to all, and the Water Department shall take such action as could be taken if it were used by a single consumer.
The Water Department shall operate as a water utility with separate appropriations for the conduct of said operation.
[Added 12-17-1985 by Ord. No. 1985-23]
A. 
Water allocation permits required. No water connection permit shall be issued by the Borough of Stanhope unless a water allocation permit has been issued by the Mayor and Council of the Borough of Stanhope in accordance with the provisions of this section.
B. 
Water allocation permit. All persons owning property in the Borough of Stanhope, except as set forth in Subsection C hereof, requesting permission to have property serviced by the water system of the Borough of Stanhope, shall make an application to the Mayor and Council of the Borough of Stanhope for a water allocation permit as provided herein.
C. 
Exemptions. Any single-family residential lot that conforms to the Zoning Ordinance of the borough[1] which has an existing lateral connection from said lot to the water main shall be exempt from the provisions of this section.
[1]
Editor's Note: See Ch. 100, Land Development.
D. 
Existing single-family lots that are not connected to the water system by means of an existing lateral connection.
(1) 
The owner of said property shall make an application to the Mayor and Council for a water allocation permit for said lot on application forms established by the Borough of Stanhope. Said forms shall require the following information:
(a) 
Name and address of the owner.
(b) 
Address of the property and tax lot and block designation.
(c) 
The type of residential dwelling to be constructed upon the property, including the square-foot area of the proposed dwelling and number of bedrooms to be included in the dwelling.
(d) 
Applications shall be submitted with a fee of $5, which is hereby established as the fee for said application.
(e) 
Any other matters deemed necessary by the Mayor and Council.
(2) 
Upon receipt of said application and the required fee, the Mayor and Council shall review said application and determine whether or not there is sufficient gallonage available to authorize a water allocation permit to the applicant. In the event that the application is approved, a water allocation permit will be issued by the Mayor and Council for the building set forth in the application. In the event that the application is denied, notice thereof shall be provided to the applicant. Within 10 days from the date of denial of the application, the applicant may submit a written request to the Mayor and Council for a hearing on said application. Upon receipt of a request for a hearing, the Mayor and Council shall schedule a hearing, at which time the applicant shall be permitted to submit testimony and evidence in support of the application. Thereafter, the Mayor and Council shall render its decision on said application within 30 days of the date of said hearing.
E. 
All other applications for water allocation permits. The owner of any other property shall file with the Mayor and Council an application for a water allocation permit on forms prescribed by the Mayor and Council of the Borough of Stanhope, which application shall include the following matters:
(1) 
Name and address of the applicant.
(2) 
The address of the property and the tax lot and block designation.
(3) 
The lot dimensions.
(4) 
The total area of the lot in question.
(5) 
The proposed use of the property or type of building or buildings to be constructed thereon.
(6) 
If a subdivision is involved, a preliminary sketch of the proposed subdivision showing the number of lots involved.
(7) 
If townhouses, condominiums or garden apartments are the subject matter of the application, a preliminary sketch plan showing the number of townhouses, condominiums and garden apartments and the number of proposed bedrooms in the dwellings to be constructed.
(8) 
For all commercial or industrial uses, a preliminary site plan shall be submitted with the application, showing the type of proposed use of the premises.
(9) 
A certification by the applicant's engineer as to the number of gallons of water that will be required by the proposed use of the premises, and the method of calculation and schedules used in computing said amount shall be submitted as part of the application.
(10) 
A fee of $5 computed as follows, which is hereby established as the fee for said allocation permit:
(a) 
Commercial and industrial building seeking a proposed allocation: $5.
(b) 
All other residential uses: $5.
(11) 
Any other matters deemed necessary by the Mayor and Council.
F. 
Hearing on application.
(1) 
Upon receipt of the application and the required fee, a hearing shall be held by the Mayor and Council of the Borough of Stanhope, at which time the applicant may present testimony and evidence in support of the application.
(2) 
The hearing shall be held within 45 days from the date a complete application and fee is filed with the Clerk of the Borough of Stanhope.
(3) 
The Mayor and Council shall render its decision within 60 days from the date of the hearing.
[Amended 4-29-1986 by Ord. No. 1986-7]
G. 
Time limitations of water allocation permits.
(1) 
Existing single-family lots not serviced with an existing lateral: one year.
(2) 
All other permits. All other permits shall expire as set forth herein unless the applicant complies with the applicable provisions hereinafter set forth:
(a) 
Seventy-five days, unless a complete site plan application is submitted to the Planning Board or Board of Adjustment, as the case may be, in accordance with the provisions of N.J.S.A. 40:55D-46.
(b) 
Seventy-five days, unless a complete preliminary major subdivision application is submitted to the approving agency in accordance with the provisions of N.J.S.A. 40:55D-48.
(c) 
Seventy-five days, unless a complete preliminary minor subdivision application is submitted to the approving agency in accordance with the provisions N.J.S.A. 40:55D-48.
[Added 4-29-1986 by Ord. No. 1986-7]
(d) 
Three years, unless final subdivision or site plan approval is granted by the approving agency in accordance with the provisions of N.J.S.A. 40:55D-49.
(e) 
Four years, unless a building permit has been issued by the Construction Code Official for the building to be erected on the lot or lots included in the site plan or subdivision.
(f) 
The time periods set forth in Subsection G(2)(d) and (e) above shall be extended by the period of time that the approving agency extends the time for final site plan or subdivision approval in accordance with the provisions of N.J.S.A. 40:55D-49c and d.
H. 
Standards for approval. In making its decision as to whether an application for a water allocation permit shall be approved, the Mayor and Council shall be guided by the following:
(1) 
The amount of water allocation available, as determined by the water-production capability of existing borough wells.
(2) 
The current and future usage of existing properties of water allocation.
(3) 
The availability of alternate water sources and the cost thereof available to the applicant.
(4) 
The amount of water allocation requested as a percentage of the total unused allocation.
(5) 
The reasonableness of the total allocation requested by the applicant.
(6) 
Any other matter that may affect the general health and welfare of the residents of the Borough of Stanhope and the overall reasonable development of the vacant lands of the Borough of Stanhope.
[Added 2-26-1991 by Ord. No. 1991-2]
A. 
The governing body finds, for the purpose of responding to water emergencies occurring in the future, that it requires the adoption of procedures for the implementation and enforcement of water use regulations in the borough in order to protect the residents, businesses and property and to preserve the public health, safety and welfare.
B. 
Declaration of water emergency. Whenever the governing body shall be satisfied and finds that a water emergency exists in the borough, it may adopt a resolution declaring the same. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public Council meeting. Such resolution shall identify the portion of the borough affected by the water emergency and shall specify which of the water use regulations contained in Subsection C of this section is being imposed as well as any exemptions that may be authorized. Such resolution shall be effective immediately upon adoption according to law and shall continue in effect for 90 days unless extended or repealed as set forth in Subsection D of this section. For the purpose of this subsection, a water emergency shall exist if:
(1) 
The Stanhope Water Department has adopted water use restrictions, has notified the governing body, 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 jurisdiction and power to do so; or
(2) 
The governing body is otherwise satisfied that a water emergency exists in the borough.
C. 
Water use restrictions. Upon adoption by the governing body of a resolution declaring that a water emergency exists in the borough in accordance with Subsection B above, 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 except to exempt businesses as specified herein during the water emergency:
(1) 
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;
(2) 
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 31st day of any month during the water emergency; or
(3) 
Any other water use restriction specified by the governing body in the resolution required by Subsection B above which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the borough identified in the water emergency resolution.
D. 
Duration of water use restrictions. The water emergency resolution shall also provide a period of time during which the water use restrictions 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 same. At the expiration of the time period specified in the resolution, the water use restrictions shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the time period set forth in the resolution, it shall adopt a resolution declaring the emergency ended and the restrictions inapplicable. If at the expiration of said time period, however, the governing body shall be satisfied that the water emergency continues to exist, it may adopt another resolution in accordance with this section continuing the restrictions.
E. 
Enforcement of water use restrictions. The water use restrictions imposed pursuant to this section shall be enforced by the Code Enforcement Officer. The Code Enforcement Officer shall, upon discovery of a violation of the water use restrictions, issue the violator a written warning and explain the penalties for a second and third offense as provided in Subsection F below. The Code Enforcement Officer shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense.
F. 
Penalties. Any persons or business cited for a second or subsequent violation of water use restrictions that were imposed by a given water emergency resolution shall be fined a maximum of $500 or imprisoned for up to 10 days, or both, for a second offense and be fined a maximum of $1,000 or imprisoned up to 30 days, or both, for a third offense.