[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 9-19-1968 by Ord. No. 13-68 (Ch. 86 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Water Utility — See Ch. 79.
Uniform construction codes — See Ch. 105.
Sewer Connections — See Ch. 163.
Swimming pools — See Ch. 178.
Wells — See Ch. 202.
Individual and semipublic water supply systems — See Ch. 246.
As used in these regulations, the following terms shall have the following meanings:
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 VALVE
A valve installed at the curb end of a water service connection.
CUSTOMER
A person, firm or corporation, including an association or combination of persons, firms or corporations, by which or for which application is made to the Borough of Kinnelon for water service, or which, according to the records of the Borough of Kinnelon and/or because of ownership of property, is responsible for the use of water and distribution facilities at a location to which water is now or shall hereafter be furnished by the Borough of Kinnelon.
SERVICE HOUSE CONNECTION or SERVICE PIPE
A pipeline connecting a curb stop valve with the building or buildings upon the premises where the valve is located.
WATER METER
A device for measuring the quantity of water passing through a pipe at a given location.
WATER SERVICE CONNECTION
A connecting pipe between a street main and the adjacent curb, together with a curb stop valve and a curb box.
A. 
An application for a new water service connection shall be made in writing to the Borough of Kinnelon and the prescribed fee paid before such connection shall be installed. Upon approval of the application and payment of the fee, the Borough of Kinnelon shall install the water service connection. A supply of water for construction purposes, except on a plot of ground or on premises already supplied with metered water, shall be applied for and such fee as may be prescribed shall be paid, or payment provided for, prior to the use of any water. Water for construction purposes shall not be taken directly from the curb cock but at a point at least 10 feet inside the curbline. The customer shall protect or be responsible for protecting the curb cock and the curb box from damage at all times. The applicant shall consult with the Borough of Kinnelon regarding the size of a new water service connection, but no water service connection over two inches will be allowed except by special agreement with the Borough of Kinnelon.
B. 
Only one service connection shall be supplied to a single building or to a multiple-unit building pursuant to the Affordable Housing Zone, or to a group of buildings occupied as a unit; provided, however, that any business establishment occupying street-level premises and having a separate entrance thereto may be supplied with a separate service connection. For the purposes of this section, a double house having a solid vertical partition shall be considered as two separate buildings. Notwithstanding that two or more customers are supplied through a single service line, each customer shall pay a separate water service connection fee.
[Amended 6-17-1999 by Ord. No. 6-99]
A. 
Where a water service connection has been installed by the Borough of Kinnelon and has not been previously paid for, the full cost of the service connection shall be paid for when service is desired. The Borough of Kinnelon shall determine if any previously installed service connection is adequate for a new service.
B. 
In newly developed areas where water service connections have been installed by the developer, a fee shall be charged by the Borough of Kinnelon for turning on the water.
[Amended 9-18-1980 by Ord. No. 11-80]
A. 
The Borough of Kinnelon reserves and has the right to suspend temporarily water service under emergency conditions or to make repairs. Under such conditions, the customers to be affected by such suspension shall be notified so far as it is practicable to do so, but the Borough of Kinnelon shall assume no responsibilities for damages or inconveniences resulting from such suspension or be liable therefor.
B. 
In addition, but not by way of limitation, the Borough shall have the power to restrict the use of water by order duly published in the official newspaper of the Borough or by proclamation issued by the Mayor, after consultation with the Superintendent of Public Works, in the case of emergency during periods of low pressure, drought or any other reason requiring said limitation. Any person violating an emergency order or proclamation shall be subject to the penalties as set forth in § 199-24 of this Code.
No person or persons shall in any manner, without permission, connect or disconnect or tamper or interfere with any property of the Borough of Kinnelon, such as pipes or conduits, meters, hydrants, valves, instruments or other accessories or property.
A. 
The Borough of Kinnelon may refuse to connect to any customer's piping system or to supply water to a system if said system has not been designed or installed in accordance with the Plumbing Code[1] of the Board of Health of the Borough of Kinnelon or if any parts of the piping system have not been installed at sufficient depth to prevent freezing.
[1]
Editor's Note: See Ch. 105, Construction Codes, Uniform.
B. 
The Borough of Kinnelon shall not be responsible for any inadequacy of water service should the customer make alterations, changes or additions to an existing system without notifying the Borough of Kinnelon in advance of any proposed alterations, changes or additions.
The Borough of Kinnelon shall have a right of access to any customer's premises and to all equipment and property of the Borough of Kinnelon at reasonable times for the purpose of reading meters or inspecting, repairing or replacing equipment used in connection with the supply of water, or for the removal of equipment or property. The customer shall obtain for the Borough of Kinnelon all necessary permit from tenants or others needed for access to equipment or property. Customers shall not permit access to meters or other Borough of Kinnelon property except by authorized employees of the Borough of Kinnelon or other authorized state or local inspectors.
In case of defective or inadequate water service, the customer shall not interfere with meters or other property of the Borough of Kinnelon but shall immediately notify the office of the Borough of Kinnelon.
A. 
Should a customer, whether property owner or tenant, for any reason wish to have water service discontinued, he shall notify the Borough of Kinnelon in writing at least two working days in advance of the effective date of the discontinuance of service.
[Amended 10-17-1991 by Ord. No. 14-91]
B. 
Water service may be discontinued by the Borough of Kinnelon for any of the following reasons:
(1) 
Vacation of the premises.
(2) 
Failure to pay when due any fees or charges for water services and for sewer services.
[Amended 10-17-1991 by Ord. No. 14-91]
(3) 
Interference with or molesting any municipally owned pipe, meter, valve or other property.
(4) 
Refusal of access to the Borough of Kinnelon for purposes of inspection or reading of meters or the removal, repair or replacement of meters or any other property.
(5) 
Failure on the part of the customer to maintain in proper working order that portion of the water system for which the customer is responsible.
(6) 
Failure to comply with any provisions of this chapter or any subsequent ordinance or resolutions.
C. 
Where two or more customers are supplied through a single service line, any violation of the rules of the Borough of Kinnelon with reference to either or any of said customers shall be deemed a violation as to all, and the Borough of Kinnelon may take such action as is appropriate in the case of a single customer.
D. 
Whenever discontinuance of water service is enforced, written notice shall be provided not less than 10 days before scheduled shutoff in accordance with N.J.S.A. 40A:31-12 or upon amendment pursuant to then current statutory procedures.
[Amended 10-17-1991 by Ord. No. 14-91]
Charges by the Borough of Kinnelon for discontinuance of water service at the request or upon the fault of the customer shall be as authorized by resolution of the Mayor and Council of the Borough of Kinnelon. Water supply shall be renewed when the reason for discontinuance shall have been removed and upon payment of any unpaid charges due from a customer.
The customer's plumbing system, starting at the curb box, shall conform to the requirements of the Plumbing Code of the Board of Health of the Borough of Kinnelon.
A. 
All water supplied to each customer by the Borough of Kinnelon, except temporary service upon the express approval of the Borough of Kinnelon, shall be metered.
B. 
A meter shall be installed before water is made available for regular use.
C. 
The size of a given meter shall be determined by the Borough of Kinnelon.
D. 
All water meters shall be furnished by the Borough and shall remain the property of the Borough. They shall be paid for at a fee schedule hereinafter to be determined by Resolution of the Mayor and Council.
E. 
The owners of the property shall be responsible for all damages to meters resulting from their negligence, and said meters shall be repaired or replaced at the expense of the property owners.
[Amended 5-1-1972 by Ord. No. 9-72]
A. 
The location of meters, either within the customer's premises or within a suitable enclosure outside thereof, shall be subject to the approval of the Borough of Kinnelon. Convenience, accessibility and protection shall be the controlling considerations in determining the location.
B. 
A stopcock or gate 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 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 Borough of Kinnelon. 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. 
Customer's tests. A customer may test the accuracy of a meter at any time by drawing water until the meter registers one or more cubic feet. Each cubic foot of water equals approximately 7 1/2 gallons and weighs 62 1/2 pounds.
B. 
Requested tests. Tests will be made for the accuracy of water meters by the Borough of Kinnelon upon request of the customer and upon payment of the fee for such test. If a meter is found to overregister more than 3%, the fee will be refunded. When tests are made upon request, the customer may be present to observe the test.
C. 
Periodic tests. All meters shall be tested periodically by the Borough of Kinnelon.
D. 
Allowable error. No water meter shall be placed in service nor remain in service if, after testing, it registers more than 103% of the standard rating or less than 97% of the standard rating.
E. 
Adjustments. In case of disputed water bills which involve the accuracy of the meter, such meter will be promptly tested. If an error in the registration in excess of 3% is found to exist, the water bill will be adjusted accordingly, but the percentage of error shall apply only to the water used since the date of the meter reading applying to the last previous bill. Where a meter has ceased to register altogether, water consumption may be determined by previous average registration while the meter was in working order or upon the best information available.
A. 
The water mains, supply pipes, curb stops, service pipes and meters shall be under the exclusive control of the Borough.
B. 
All persons other than a duly authorized agent of the Borough are forbidden to disturb, tamper with, injure, tap, change, obstruct access to or interfere with any water main, supply pipe, service pipe, curb stop or meter.
C. 
Under no circumstances shall any curb stops be opened or closed by any person not an authorized employee of the Borough.
A. 
All necessary plumbing parts used in the installation and maintenance of water supply systems shall be of such material and manufacture as are specified in Standards for the Installation of Water System Facilities in the Borough of Kinnelon, Morris County, New Jersey, and addenda thereto.
B. 
Water service connections shall be maintained by the Borough and shall remain the property of the Borough.
C. 
Service pipes shall be installed at the expense of the owners by a plumber licensed to do plumbing work within the Borough, and shall be installed in accordance with drawings and the materials specified thereon on file in the office of the Borough Engineer. Repairs may be made by duly licensed plumbers on special written permission from the Borough, and in such a case a fee for the inspection of the work by the Borough shall be collected from the said plumber previous to such inspection.
D. 
When new service pipes are installed in any premises, the curb stop shall be left closed and thereafter will be opened only by the Borough upon request of the owner of such premises. A fee shall be collected from the licensed plumber installing the service pipes to cover inspection by the Borough, and shall be paid prior to such inspection. The service pipe trench shall not be backfilled until such inspection has been made.
A. 
Bills for metered water service shall be rendered quarterly and shall show the readings of the meter at the beginning and at the end of the period for which the bill is rendered, together with the dates on which the readings were taken.
[Amended 6-17-1999 by Ord. No. 6-99]
B. 
Customers will be responsible for all charges accruing for water services until the effective date of the written notice to the Borough of Kinnelon to discontinue the service as hereinabove provided.
C. 
Water bills shall become due when presented, and if not paid within 30 days after the date of the bill, interest will be added at a rate of interest at least equal to the monthly index for the immediately preceding month for twenty-year tax-exempt bond yields as compiled by the Bond Buyer or any similar index. Nonreceipt of a bill for water charges will be no excuse for failure to pay or for delay in payment.
[Amended 8-18-2005 by Ord. No. 20-05]
D. 
Water bills in arrears of more than 30 days on the first day of July of each year, with interest thereon, will be included in the tax bill for the premises as delinquent taxes and may be collected by the same procedure as in the case of other delinquent taxes on the same premises.
E. 
Under the laws of the State of New Jersey, all charges for water, including penalties, are liens upon the premises or property on account of which such charges are incurred until they are paid and satisfied.
Complaints concerning the character of the service furnished or the reading of meters or bills rendered shall be made at the Borough of Kinnelon office, in writing. A record of such complaints will be maintained by the Borough of Kinnelon to show the names and addresses of complainants, dates and nature of complaints and the action taken thereon.
No person shall take water from any public fire hydrant, hose plug, street washer or fountain pipe except for fire-fighting purposes or use by the Fire Department. No public fire hydrant shall be used for sprinkling streets or lawns, flushing sewers or gutters or for any other purpose not connected with the fighting of fire, except with the approval of the Borough of Kinnelon. It shall be unlawful to cover, hide or obstruct any fire hydrant with shrubs, fences or other objects.
No cross-connection or interconnection between the pipelines or other facilities of the Borough of Kinnelon and other pipelines or facilities supplied with water from other sources shall be permitted without the consent of the Borough of Kinnelon.
A. 
No plumber, owner, tenant or other unauthorized person shall turn the water on or off at any corporation stop or curb stop, nor disconnect or remove any meter, without the consent of the Borough of Kinnelon.
B. 
No agent or employee of the Borough of Kinnelon shall have the authority to bind it by any promise, agreement or representation which is in violation of the rules and regulations set forth herein or by resolution of the Mayor and Council, or which is not provided for herein or by resolution of the Mayor and Council.
C. 
The Borough of Kinnelon undertakes to use reasonable care and diligence in providing a constant supply of water through its pipes, but it does not undertake to render any special service or to maintain any fixed or definite quantity or pressure.
D. 
The Borough of Kinnelon shall not be liable for damages resulting from the occurrence of any leak, break or failure in the water system or any accident or injury connected with the system.
[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this chapter shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days, and each and every day that any violation continues shall be deemed to be and shall be a separate offense, separately punishable as aforesaid.
[Added 3-31-1987 by Ord. No. 4-87]
A. 
Water rates. The following rents, rates and charges are hereby established for water supplied by the Borough of Kinnelon. The schedule of rates shall consist of two parts or elements:
[Amended 7-20-1989 by Ord. No. 13-89; 6-10-2010 by Res. No. 6.16.10]
(1) 
A fixed charge (based on the size of the meter required to serve the customer on the quarterly basis) shall be as follows:
Meter
(inches)
Charges
(per quarter)
5/8
$40
3/4
$42
1
$50
1 1/2
$64
2
$80
3
$180
4
$260
6
$350
(2) 
In addition to the fixed charge, all metered water shall be charged for as follows:
[Amended 4-19-2012 by Ord. No. 7-12; 6-16-2022 by Ord. No. 07-22]
Usage
(in gallons)
Cost per 1,000 Gallons
1 through 50,000
$10.99
50,001 through 100,000
$13.18
100,001 through 150,000
$14.65
150,001 and over
$15.38[1]
[1]
Editor's Note: Former Subsection A(3), regarding increase in charges, added 4-19-2012 by Ord. No. 7-12, which immediately followed, was repealed 6-16-2022 by Ord. No. 07-22, retroactive to 1-1-2022.
B. 
The following additional charges are and shall be imposed for the following related services:
[Amended 6-17-1999 by Ord. No. 6-99; 8-18-2011 by Ord. No. 9-11; 8-17-2023 by Ord. No. 13-23]
(1) 
Fee for a new water meter, regardless of size, will be charged at the then-current cost at the time of installation of the particular meter.
(2) 
Application fee: $20.
(3) 
Water meter installation fee: $75.
(4) 
Shutoff fee: $100 during normal business hours (weekdays between 8:00 a.m. and 3:00 p.m., excluding holidays) and $200 at all other times.
(5) 
Turn-on fee: $100 during normal business hours (weekdays between 8:00 a.m. and 3:00 p.m., excluding holidays) and $200 at all other times.
(6) 
Construction water, single-family: $100 for first six months and $100 for each six months or part thereof in excess of six months. If the residence is occupied during construction, water will be billed at the prevailing rate.
(7) 
Replacement meter charge, regardless of size, will be charged at the then-current cost at the time of replacement of the particular meter.
(8) 
House service connection inspection or repair inspection fee: $50.
(9) 
Meter test: at the cost prevailing at the time of the test.
[Added 9-21-2000 by Ord. No. 9-2000]
A. 
All water service connections shall be made by the Borough at the request of the owner or agent of the premises to which the water is to be supplied.
B. 
A water service connection fee in the amount of $2,500 per connection shall be paid to the Borough for each water service connection made to the street water main.
[Added 8-15-2019 by Ord. No. 09-19]
A. 
A water bill credit of $10 per sample shall be provided, to be credited at the next quarterly billing cycle following the completion of provision of a potable water sample, for designated water customers who furnish a potable water sample at the request of authorized Borough officials and in accordance with the standards and protocol established by the New Jersey Department of Environmental Protection and the Borough of Kinnelon.
B. 
The Borough Clerk, Chief Financial Officer, Tax Collector, and other appropriate and applicable officers, employees, professionals and staff of the Borough are hereby authorized and directed to take all steps necessary to effectuate the purposes of this section.
[Added 8-17-2023 by Ord. No. 13-23]
Failure of a customer to pay required water fees and/or charges within the prescribed payment time shall cause that account to be deemed delinquent. Notification of a delinquency and its consequences shall then be mailed to the last known address of the customer. Upon that customer's failure to respond and eliminate the delinquency within 30 days from the date of the delinquency notice, a second notice shall be mailed to the delinquent customer advising that payment of water bills must be received by the date specified or their water service will be discontinued, and water shutoff and turn-on fees will also incur.