[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 5-15-1995 by Ord. No. 621-C.
Amendments noted where applicable.]
A.Â
Establishment; control.
(1)Â
A Department of Water Utility ("Department") is hereby
created in and for the Borough of Saddle River, which Department shall
be under the control and supervision of the Borough. The Mayor and
Council shall appoint a Director of Water Utility ("Director"). The
Director shall serve at the pleasure of the Mayor and Council, or
for such term as shall hereafter be established by resolution of the
Borough Council. The Borough Council may, with or without cause, remove
or replace such Director by resolution.
(2)Â
In the event that the position of Director of the
Department becomes or remains vacant through removal, resignation,
retirement or otherwise, then in that event, the Borough Administrator
of the Borough of Saddle River shall assume all duties and obligations
of the office of Director.
(3)Â
The Director shall perform all duties and functions,
and shall be accountable to the Borough Council, as set forth in the
General Ordinances of the Borough of Saddle River, which pertain generally
to the administrative procedures of the Borough.
B.Â
Structure. The Department shall take all actions with
regard to the operation of the Water Utility which are in accordance
with the provisions of law, and which are necessary to promote the
health, safety and general welfare of the Borough, and the users of
the system.
It is the purpose of this chapter to empower
the Borough of Saddle River, through the Water Utility to perform
all such reasonable and necessary functions in connection with the
providing of potable water and the collection of fees therefor as
afforded to the Borough of Saddle River by the provisions of N.J.S.A.
40A:31-1 et seq. without limitation. The provisions of this chapter
are subject to the ability of the Borough of Saddle River to provide
water service to the extent permitted by law, and in accordance with
the terms and conditions of any contracts which will be legally binding
upon the Borough of Saddle River.
As used in this chapter, the following terms
shall have the meanings indicated:
A valve installed at a water main to control the flow of
water in a water service connection.
A vertical pipe at a curb to permit the operation of a curb
stop valve.
A valve installed at the curb end of a water service connection.
The party contracting for water service with the Borough
of Saddle River as hereinafter classified.
Residential classes.
Single-family residential dwellings, comprised
of a building under one roof owned by one or more parties, and occupied
by a single-family residential unit.
Multifamily residential dwellings, being:
A "duplex" or "double house" having a solid
vertical partition wall, making it capable of divided ownership.
A building owned by one party or more than one
party consisting of more than one apartment and using in common one
hall and one entrance.
A building owned by one party or more than one
party having a number of apartments and one or more means of entrance.
Commercial, industrial and institutional uses.
Combination residential and commercial, industrial
and institutional uses.
The duly appointed Director of the Department of Water Utility,
or in the absence of such Director, the Borough Administrator of the
Borough of Saddle River.
The duly appointed operational administrator of the Water
Utility, and in particular shall be understood to be the Borough agent,
servant or employee in charge of the day-to-day operation, installation
and maintenance of the water facilities. Such operator shall be properly
licensed and qualified by the State of New Jersey to perform the necessary
functions attendant to this position.
Any connection, cross connection, by-pass, valve, pipeline
or any like device.
A pipeline connecting a curb stop valve with the building
or buildings upon the premises where the valve is located.
The duly appointed employee of the Borough authorized to
collect fees and charges for water service.
A device for measuring the quantity of water passing through
a pipe at a given location.
A connecting pipe between a street main and the adjacent
curb, together with a curb stop valve and a curb box.
The Department of Water Utility of the Borough acting under
the direction of the Borough through its elected officials, and performing
all functions pertaining to the providing of potable water.
The Borough Council of the Borough of Saddle
River is hereby empowered to adopt, by resolution, such rules regulating
the Borough of Saddle River Water Utility as it deems proper and necessary
in order to enable the Department to perform the purposes enumerated
herein and any additional rules. In addition, the Borough is hereby
empowered to retain the professional services of such engineer, or
other expert as the Borough shall determine to be necessary for the
purpose of establishing appropriate rules and regulations affecting
the installation, maintenance, repair and control of water facilities,
pumps and other appurtenances and the connection thereof to the Water
Utility's facilities. These rules and regulations may be adopted by
the Borough by resolution and by reference if appropriate.
To the extent not specifically set forth herein,
the Borough Council of the Borough of Saddle River specifically reserves
unto itself all those certain powers, rights and responsibilities
as set forth at length in N.J.S.A. 40A:31-5 et seq., which provisions
may be deemed by the Borough necessary for the operation of the Municipal
Water Utility created hereby.
The Borough, through the Department, shall have
a right-of-access to any customer's premises and to all equipment
and property of the Borough at reasonable times for the purpose of
reading meters or inspecting, repairing or replacing equipment used
in connection with the supplying of water services, or for the removal
of equipment or property. The customer shall obtain for the Department
all necessary permission from tenants or others needed for access
to equipment or property. Customers shall not permit access to meters
or other Department property except by authorized employees of the
Department or other authorized state or local inspectors.
Any person, firm or corporation violating the
provisions of this chapter or any succeeding ordinances or resolutions
pertaining to the subject matter of this chapter which might be enacted
or adopted shall be punished by a fine not exceeding $1,000, or by
imprisonment for a period not to exceed 90 days, or both. Each and
every day that any violation continues shall be deemed to be and shall
be a separate offense, separately punishable as aforesaid.
All connection, user and other fees and charges
set forth in this chapter shall draw the same interest from the time
that they become due as taxes upon real estate in the Borough and
shall be a lien upon the premises connected until paid. The Borough
shall have the same remedies for the collection thereof, with interest,
cost and penalties as it has for all collection of taxes upon real
estate.
Each contractor or other person performing work
on Borough public property for the purpose of installing water connections
or lines shall post a bond acceptable to the Borough. All work shall
be adequately guarded with barricades, lights and other measures for
protection to the public from hazard. Streets, sidewalks, curbs and
other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the Borough.
No person shall uncover, make any connection
with or opening into, use, alter or disturb any public water or appurtenance
thereto without first obtaining a written permit from the Director.
A.Â
Water service connections shall be made upon written
application to the Director on forms furnished by the Director and
signed by the owner of the property or by a duly authorized agent.
B.Â
No application for service will be accepted for installation
between December 15 and April 15, unless the property owner agrees
to pay the additional cost that may be incurred because of adverse
weather conditions during this period.
C.Â
A supply of water for construction or any other special
purpose, except on premises already supplied with water by meter,
shall be had only by special written application to the Water Utility.
Approval of an application for a water connection
can only be made if it has been determined that a water main, approved
by the Water Utility, exists in front of the applicant's property
or in the public right-of-way. The main shall extend the length of
the applicant's property and if it does not so extend it shall be
extended at the applicant's expense in accordance with Water Utility
specifications.
No person or persons shall in any manner, without
permission, connect or disconnect or tamper or interfere with any
property of the Water Utility of the Borough of Saddle River, such
as pipes or conduits, meters, hydrants, valves, instruments or other
accessories or property.
A.Â
The Department 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 applicable regulations
or if any parts of the piping system have not been installed at sufficient
depth to prevent freezing.
B.Â
The Borough 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 Department Director
in advance of any proposed alterations, changes or additions. In case
of defective service or inadequate water supply, the customer shall
not interfere with meters or other property of the Department, but
shall immediately notify the office of the Director.
Complaints concerning the character of the service
furnished or the reading of meters or bills rendered shall be made
at the Department office to the collector or the Director of the Department,
in writing. A record of such complaints will be maintained by the
Department to show the names and addresses of the complaints, dates
and nature of the complaints and the action taken thereon.
The publicly owned and operated potable water
supply system of the Borough operated by the Borough of Saddle River
is hereby declared to be a utility. Such utility shall hereafter be
referred as to the Department of Water Utility ("Department"), under
the control of the Borough Council through the Director of such Department.
All future revenue and accounting therefore
from said Water Utility shall be on a dedicated utility basis in conformity
with N.J.S.A. 40A:4-35. All moneys derived from the operation of said
Water Utility and any other moneys applicable to its support shall
be segregated and kept in a separate fund which shall be known as
the "Water Utility Fund," and all disbursements for the operation
and maintenance of said Water Utility shall be taken from said Water
Utility Fund.
The dedicated budget of this Water Utility shall
include appropriations for operating expenses, capital improvements,
debt services and for the payment of all other deferred charges and
statutory expenses as may be required.
Temporary connections to the water system for
special purposes or prior to the installation of a permanent service
will be granted in proper cases upon written application to the Water
Utility and payment of the required fees. A deposit for meters in
such cases shall be made to the utility's collector. 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.
A.Â
A service line shall be used to supply a single building
or a single group of buildings, such as a group of commercial buildings,
or a single institution having a number of separate buildings. Not
more than one service line shall service a building unless by special
agreement between the Borough and the applicant for such service line.
The applicant shall consult with the Director regarding the size of
a new water service connection, but no water service connection over
six inches will be allowed except by special agreement with the Borough
of Saddle River.
B.Â
Only one service connection shall be supplied to a
single building or to a group of buildings occupied as a unit as set
forth herein; 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" or "duplex" having a solid vertical partition
wall shall be considered as two separate buildings.
No connection which permits or may permit any
flow of water into the Borough water supply system from an unapproved
water supply shall be made unless written application is first made
to and approval received from the following: Borough Water Utility,
County Board of Health and State of New Jersey Department of Health.
The Borough Council is hereby authorized to
establish, from time to time, the charges and fees for water and incidental
services to be provided by the Water Utility.[1]
[1]
Editor's Note: The schedule of fees and charges
may be found at the end of this chapter.
B.Â
Churches, public buildings and schools. A unit is
defined as consuming 75,000 gallons of water per year. Each separate
establishment shall, in the minimum, equal one unit.
C.Â
Commercial. All uses not covered as set forth above.
A unit is defined as consuming 75,000 gallons of water per year, each
separate establishment shall, in the minimum, equal one unit.
D.Â
Bulk user. All uses not covered as set forth above.
A unit is described as consuming greater than 75,000 gallons of water
per year. Each bulk user shall, in the minimum, equal one unit.
No person shall take water from any public fire
hydrant, hose, plug, street washer or fountain pipe except for firefighting
purposes or use by the Fire Department. It shall be unlawful to cover,
hide or obstruct any fire hydrant with shrubs, fences or other object.
[Added 8-15-2005 by Ord. No. 05-778-C]
A.Â
Property designations. The properties affected are
described and designated as follows:
(1)Â
The Silco Development. These properties are located
adjacent to the CKE and have already agreed, by developers agreement,
to take Saddle River public water.
(2)Â
Within the CKE there are three identified types of
properties:
(a)Â
Type (1): properties which have a contaminated
well and are administered by the NJDEP Spill Fund and are operating
on a POET system.
(b)Â
Type (2): properties in the CKE which are not
currently contaminated, operate a private potable well and are considered
threatened by the NJDEP, but have not yet filed a claim with the Spill
Fund.
(c)Â
Type (3): properties in the CKE which are vacant
and have no wells drilled on the property.
(3)Â
There are also properties located in Burning Hollow
not part of the CKE and not part of the Silco Development.
B.Â
Regulation of designated properties. Properties designated in Subsection D shall be regulated as follows:
(1)Â
Silco Development properties shall receive public
water when homes are constructed in accordance with the development
agreements and the Planning Board resolutions so adopted for that
development.
(2)Â
CKE properties.
(a)Â
Type (1) properties shall have the option of
connecting to public water when the water main is constructed and
operational in the street adjacent to the front lot line of the property.
All matters relating to the provisions of the NJDEP Spill Fund shall
be resolved between the property owner and the NJDEP. All requests
for connections for potable water shall be made to the Borough of
Saddle River Water Utility no later than six months after the completion
of the water main in the street adjacent to the front lot line of
the property. Funding for such water connection shall be the property
owner's responsibility, however, the Borough will negotiate with the
NJDEP and attempt to provide funding for such connection if DEP funding
is available for that purpose.
(b)Â
Type (2) properties shall have the option of
connecting to public water when the water main is constructed and
operational in the street adjacent to the front lot line of the property.
Should a well on the Type (2) property become contaminated by not
meeting the NJDEP well water standards for potable water, the property
owner shall immediately notify the Borough and may file a NJDEP Spill
Fund claim at the property owner's discretion. All matters relating
to the provisions of the NJDEP Spill Fund shall be resolved between
the property owner and the NJDEP. The property owner may install and
maintain a private point-of-entry treatment system on a potable well
that does not meet the NJDEP potable water standard, provided the
private system is approved by the Borough of Saddle River Health Officer,
which approval shall not be unreasonably withheld. Regulations for
monitoring and testing private treatment systems shall be established
by the Borough of Saddle River Board of Health. The property owner
may request connections for potable water from the Borough of Saddle
River Water Utility. Funding for such water connection shall be the
property owner's responsibility; however, the Borough will negotiate
with the NJDEP and attempt to provide funding for such connection
if DEP funding is available for that purpose.
(c)Â
Type (3). Once a house is constructed on the
Type (3) property, the property owner shall have the option of connecting
to public water when the water main is constructed and operational
in the street adjacent to the front lot line of the property. However,
should a well on the Type (3) property become contaminated by not
meeting the NJDEP well water standards for potable water, the property
owner shall immediately notify the Borough and may file a NJDEP Spill
Fund claim at the property owner's discretion. All matters relating
to the provisions of the NJDEP Spill Fund shall be resolved between
the property owner and the NJDEP. The property owner may install and
maintain a private point-of-entry treatment system on a potable well
that does not meet the NJDEP potable water standard, provided the
private system is approved by the Borough of Saddle River Health Officer,
which approval shall not be unreasonably withheld. Regulations for
monitoring and testing private treatment systems shall be established
by the Borough of Saddle River Board of Health. The Type (3) property
owner may request connections for potable water from the Borough of
Saddle River Water Utility. Funding for such water connection shall
be the property owner's responsibility. However, the Borough will
negotiate with the NJDEP and attempt to provide funding for such connection
if DEP funding is available for that purpose.
(3)Â
Properties located out of the CKE in Burning Hollow
not part of the Silco Development shall have the option of connecting
to public water when the water main is constructed and operational
in the street adjacent to the front lot line of the properties located
out of the CKE in Burning Hollow not part of the Silco Development.
Should a well on these properties become contaminated by not meeting
the NJDEP well water standards for potable water, the property owner
shall immediately notify the Borough and may file a NJDEP Spill Fund
claim at the property owner's discretion. All matters relating to
the provisions of the NJDEP Spill Fund shall be resolved between the
property owner and the NJDEP. The property owner may install and maintain
a private point-of-entry treatment system on a potable well that does
not meet the NJDEP potable water standard provided the private system
is approved by the Borough of Saddle River Health Officer, which approval
shall not be unreasonably withheld. Regulations for monitoring and
testing private treatment systems shall be established by the Borough
of Saddle River Board of Health. The property owner may request connections
for potable water from the Borough of Saddle River Water Utility.
Funding for such water connection shall be the property owner's responsibility;
however, the Borough will negotiate with the NJDEP and attempt to
provide funding for such connection if DEP funding is available for
that purpose.
C.Â
Regulation of irrigation wells. Irrigation wells may
be utilized by the property owner, provided they meet the allowable
DEP and Saddle River Water Utility regulations established for such
applications.
D.Â
Regulation of other properties. All other properties
in the Borough shall have the option of connecting to public water
when the water main is constructed and operational in the street adjacent
to the front lot line of the property. Should a well on these properties
become contaminated by not meeting the NJDEP well water standards
for potable water, the property owner shall immediately notify the
Borough and may file a NJDEP Spill Fund claim at the property owner's
discretion. All matters relating to the provisions of the NJDEP Spill
Fund shall be resolved between the property owner and the NJDEP. The
property owner may install and maintain a private point-of-entry treatment
system on a potable well that does not meet the NJDEP potable water
standard, provided the private system is approved by the Borough of
Saddle River Health Officer, which approval shall not be unreasonably
withheld. Regulations for monitoring and testing private treatment
systems shall be established by the Borough of Saddle River Board
of Health. The property owner may request connections for potable
water from the Borough of Saddle River Water Utility. Funding for
such water connection shall be the property owner's responsibility;
however, the Borough will negotiate with the NJDEP and attempt to
provide funding for such connection if DEP funding is available for
that purpose.
