Borough of Stone Harbor, NJ Water and Sewers

A building owned by one party having one or more uses.

INDUSTRIAL USER (CLASS III)

An association formed under the "Horizontal Property Act" of the "Condominium Act."

DAY

The twenty-four-hour period beginning at 12:01 a.m.

DIVISION

The Division of Utilities.

[Amended 10-7-2022 by Ord. No. 1617]

EPA

The United States Environmental Protection Agency.

EXCLUSION METER

A separate meter for water which will not be returned to the sanitary collection system as described in § 542-22A(2).

EXTRAORDINARY EXPENSE

Those costs which are over and above normal operating and maintenance costs incurred as a result of actions of a person or persons.

GARBAGE

The solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking, and serving of foods.

Any nonresidential user whose waste does not meet the restricted discharge requirements set forth in § 542-20B of these requirements.

INTERFERENCE

Inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake, or any other body of surface water or groundwater.

NJDEP

The New Jersey Department of Environmental Protection.

NPDES

National Pollutant Discharge Elimination System permit program, whether administered by the EPA or by the State of New Jersey.

OWNER

The person or persons who legally own, lease, or occupy private property with wastewater facilities which discharge, or will discharge to the wastewater facilities.

PERSON

Any individual, firm, company, association, society, partnership, corporation, municipality, or other similar organization, agency, or group.

The logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution as determined by Standard Methods.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to discharge to the wastewater facilities.

PROPERLY SHREDDED GARBAGE

Garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER or SANITARY COLLECTION SYSTEM

A community sewer directly controlled by the Borough of Stone Harbor.

RESIDENTIAL USER (CLASS I)

Premises used only for human residency and which is connected to the wastewater facilities.

SANITARY WASTEWATER (SEWER)

Wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants, or institutions.

[Amended 8-17-2021 by Ord. No. 1597]

SERVICE LINE (LATERAL)

A water pipeline which extends from a water main to the premises of the user and shall include, but not be limited to, a corporation stop, one or more curb stops, yokes, meters and meter boxes.

[Amended 8-17-2021 by Ord. No. 1597]

SEWER CLEANOUT

A pipe or pipes installed to provide a flow of air to or from a drainage system or to provide a circulation of air within such system to protect trap seals from siphonage and back pressure. The sewer cleanout is a pipe with a cap that provides access to the sewer lateral so that blockages can be removed, located at or near the street curb.

[Added 8-17-2021 by Ord. No. 1597]

STANDARD METHODS

The latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.

STATE

The State of New Jersey.

STORM SEWER

A sewer for conveying stormwater, surface water and other waters, which is not intended to be transported to a treatment facility.

SURFACE WATER

Water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.

SUSPENDED SOLIDS

The total suspended matter that either floats on the surface of, or is in suspension in, water of wastewater as determined by Standard Methods.

TOXICS

Any of the pollutants designated by federal regulations pursuant to Section 307 (a) (1) of the Act.[1]

WASTEWATER

A combination of liquid and water-carried wastes from residences, commercial buildings, industries, and institutions, together with any groundwater, surface water, or stormwater or other infiltration that may be present.

WASTEWATER FACILITY

The combination of the wastewater sewers, pumping stations, appurtenances and treatment facilities.

WASTEWATER SEWER (MAIN)

The structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facility.

[Amended 8-17-2021 by Ord. No. 1597]

WASTEWATER TREATMENT FACILITY

The structures, processes, equipment and arrangements necessary to treat and discharge wastewater.

WATER MAIN

A water pipe line in a public street or highway or within an easement area from which individual premises are served through service line connections.

WPCF

The Water Pollution Control Federation.

Editor's Note: The former definition of "vent system," which immediately followed this definition, was repealed 8-17-2021 by Ord. No. 1597.

"May" is permissible. "Shall" is mandatory.

§ 542-2 Statement of policy.

The rules, regulations and rates contained in this chapter are hereby established for the supply of water from the municipal water system and for the disposal of sewage through the sanitary collection system from all properties, and no other means of sewage disposal are permitted.

The operation of the water and sanitary collection systems shall be and remain vested in the Borough Council who shall employ and appoint such personnel as may be necessary to properly operate the systems. No work or service of any kind, except an emergency, will be performed by Borough employees on privately owned property without express written prior approval by the user.

The Borough of Stone Harbor or its authorized agents shall have the right of access to users' premises at reasonable times for any purpose in connection with the water and/or the sanitary collection systems.

All fees and surcharges shall be established by resolution of the Borough Council at the Borough reorganization meeting, or shortly thereafter. The resolution establishing the fee or surcharge hereunder shall be kept on file with the Borough Clerk, the Utilities Collector and the Construction Official and shall be posted on the Clerk's bulletin board and the Borough website.

[Added 8-17-2021 by Ord. No. 1597]

All water and sewer rates and penalties shall be established by ordinance.

[Added 8-17-2021 by Ord. No. 1597]

§ 542-3 Application for services.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2005 by Ord. No. 1325; 8-20-2013 by Ord. No. 1431; 3-4-2014 by Ord. No. 1439; 8-17-2021 by Ord. No. 1597]

Written application for a new or replacement water service line and/or building sewer shall be made to the Utilities Collector in the manner hereinafter provided before any connection shall be made.

The application(s) shall be submitted by a licensed plumber on behalf of the property owner, and shall be accompanied by payment of all necessary charges as provided herein, or any amendments or supplements thereof.

When a new installation or replacement of a water service line and building sewer is contemplated at the same time, a street opening fee, as established by resolution of the Borough Council, will apply if both lines are laid in the same trench. If either or both lines requiring replacement are laid in separate trenches, the street opening charge will apply to each line.

In the case of new construction or modification to existing drainage lines within the structure, an application shall be made at the time that the building permit is obtained.

Application shall be made to the Utilities Collector for exclusion from the sanitary collection system charges when water used will not be returned to the sanitary collection system (i.e., lawn sprinklers, garden irrigation, marinas, etc.). Such consumption must be metered separately and will be subject to the schedule of water rates and fees set forth in § 542-13.

§ 542-4 Rules and regulations.

All users shall abide by all rules and regulations governing the water and sanitary collection system as provided herein or otherwise regularly adopted. The Plumbing Inspector may refuse to authorize connection to the system when the user's system is not in accordance with the National Standard Plumbing Code as adopted by the State of New Jersey.

No person shall connect a sump pump, roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains to any sewer which is connected to a wastewater treatment facility. All roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers. No new or replacement building sewer shall be laid in the ground closer than one foot to an existing water service line or water meter or vice versa.

No cross-connection or interconnections with facilities supplying water from other sources shall be permitted.

Temporary discontinuance of service is not permitted and each owner shall pay the minimum rate per quarter unless permanent discontinuance is effected.

Exclusion service lines shall be used for irrigation and supply to dock water lines only. The service line connection shall in no way break the foundation wall surrounding the structure.

[Added 8-20-2013 by Ord. No. 1431]

§ 542-5 Water service lines.

Water main taps and the installation or repair of the service lines from the water main to the meter box or curb shall be made by the Division of Utilities or its authorized agent in every case.

[Amended 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

The service line shall extend to a location approximately one foot inside the curbline.

A service line will be used to supply a single customer only, and no customer or consumer shall be supplied by more than one service line unless agreed upon between the customer and the Division of Utilities.

[Amended 10-7-2022 by Ord. No. 1617]

A 3/4 inch water service line shall be installed unless a larger size is applied for by or on behalf of the property owner.

[1]All applications shall be understood to embody all the rules and regulations of the Division of Utilities as provided herein or otherwise regularly adopted, whether set forth in the application or not.

[Amended 10-7-2022 by Ord. No. 1617]

Editor's Note: Former Subsection E, which pertained to the cost of the Utilities Department making a complete service line installation, as amended, was repealed 8-17-2021 by Ord. No. 1597, which ordinance also redesignated former Subsections F through H as Subsections E through G, respectively.

Supply of multiple users. Water shall be supplied through one service line and one meter under the minimum charge at the option of the customer to each separate and distinct building. Where a building is erected in the rear of the one fronting on the street or avenue, that building may be served through the service line of the front building. Where houses are erected in pairs under one roof and belonging to one owner, the entire building may be served at the option of the customer, through one service line and one meter under one minimum charge. In one story stores built in blocks, when all of the stores in the block are owned by one owner, the entire block may be supplied with water through one service line and one meter under one minimum charge at the option of the customer. Where the customer receives services through one service line to more than one unit, he shall in the case of a sale of any part of the premises thus supplied, except for the sale of a unit in a condominium, immediately disconnect the portion of the premises sold from the water service. When stores are part of a hotel, motel, house, apartment building or other building supplied with water, the stores shall be considered as one room or two rooms as the case may be and shall be supplied through the same service line and meter which supplies the building of which the stores are a part.

The service line from the meter box/curb to the main shall be under the exclusive control of the Division of Utilities, and under no circumstances shall any person not authorized by the Division of Utilities tamper with any part of the service line.

[Amended 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

§ 542-6 Water meters.

Water meter use.

All water shall be supplied through meters which will be furnished and owned by the Borough. The size of the meters to be installed for all purposes shall be optional with the Division of Utilities.

[Amended 10-7-2022 by Ord. No. 1617]

The meter box shall be placed between the curb and the sidewalk and shall be on a level with both. No tripping hazards are to be created in the pedestrian right-of-way. The bottom of the meter shall be kept 24 inches below the lid of the meter box.

[Amended 7-19-2016 by Ord. No. 1484; 8-17-2021 by Ord. No. 1597]

In the event the Borough discovers that an owner's property is not in compliance with the requirement that its meter box is level, the Borough shall notify said property owner. Said notice shall inform the property owner that if the property owner does not come into compliance within 30 days from the date of the notice, and inform the Borough, in writing, of such compliance, said property owner shall, in addition to the regular quarterly base rates for water and sewerage charges, be billed an additional charge established by resolution of the Borough Council. In the event of continued noncompliance, such charge shall be imposed quarterly.

In cases where the service line has previously been partially installed from the water main under the street to the curb and no additional street opening is required, the Division of Utilities shall complete the installation for a fee as established by resolution of the Borough Council for a 3/4 inch service and for a one-inch service. Repair, if any, of site disturbance caused by the installation shall be the responsibility of the property owner. An inspection, repair or maintenance by an unauthorized person, one other than a licensed plumber or authorized Borough employee or contractor, is prohibited. The resolution establishing the fee hereunder shall be kept on file with the Borough Clerk, the Utilities Collector and the Construction Official and shall be posted on the Clerk's bulletin board and the Borough's website.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2008 by Ord. No. 1325; 8-20-2013 by Ord. No. 1431; 3-4-2014 by Ord. No. 1439; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

When a change in meter size is requested, the installation charge shall be determined by the Division of Utilities in cooperation with the Chief Financial Officer based upon current cost of labor and material.

[Amended 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

(5)

Additions or alterations to property improvements shall in no way restrict the Division of Utilities from free access to the meter for routine reading, maintenance or replacement. Violation of this requirement shall result in discontinuance of service.

[Amended 8-20-2013 by Ord. No. 1431; 10-7-2022 by Ord. No. 1617]

(6)

In the event the Borough has an inspection, repair or maintenance in a water meter pit, and there is damage or disruption done in the sidewalk right-of-way to concrete, sod, flowers, bushes, landscaping and the like, the property owner shall be responsible for the replacement or repair.

(7)

Meter set requests must be submitted to the Utilities Collector in writing. The contractor shall indicate that the water services are properly marked and connected into the meter pits. If the initial request results in an inability to install the meter as a result of the fact that the service is not ready for the meter install, a fee established by resolution of the Borough Council will be due for each additional request requiring a follow-up from the Division of Utilities.

[Added 3-4-2014 by Ord. No. 1439; amended 5-5-2015 by Ord. No. 1464; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

Disconnection, removal and tampering with meters.

Opening of the water meter cover and/or entry into a water pit and/or the disconnection, removal or tampering with water meters and associated equipment in the pit, including efforts to turn water on or off at the meter, by anyone other than a licensed New Jersey plumber performing authorized work therein, is hereby prohibited. Tampering with a water meter includes, but is not limited to, changing, altering, interfering or otherwise touching a water meter, its dials and any other associated equipment. The only exception to this prohibition is when authorized Borough personnel enter the pit.

In connection with the demolition of structures, or if at any time construction results in the cut and capping of the water/sewer lines in excess of 48 hours, the meter must be removed from the meter pit by a New Jersey licensed plumber or authorized Borough employee, and the meter shall be returned to the Division of Utilities for safekeeping until the work has been completed sufficiently. Meters will be returned to the ground upon written application of a meter set request and a reinstallation fee of $145. When the property is not occupied and water consumption is not required, the meter must be removed from the meter pit by a New Jersey licensed plumber or authorized Borough employee, and the meter shall be returned to the Division of Utilities for safekeeping until the work has been completed sufficiently for occupancy and water is required by the occupants. Meters will be returned to the pit upon written application. (See § 542-3 hereof.) Meters and/or meter boxes and fittings which are returned to the pit and which required no maintenance or upgrading, as will be determined by Borough personnel, will be charged a reinstallation fee established by resolution of the Borough Council. Meters, meter boxes, fittings and pipes which require mandatory maintenance or upgrading shall be subject to the applicable charges found in the Water/Sewer Fee Resolution located in the Borough Clerk's Office and/or the Utilities Office.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2008 by Ord. No. 1325; 8-20-2013 by Ord. No. 1431; 3-20-2018 by Ord. No. 1515; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

Testing meters.

In case a meter fails to register or operate properly, the property owner will be charged at the average rate based on the records for the same corresponding calendar period in the prior three years, or any part thereof where there are not at least three prior years of record. If there are no records for the corresponding calendar period, then the consumer shall pay the minimum charge for the quarter or quarters involved. All water that passes through the meter shall be charged for, whether the water is used or wasted.

[Amended 8-17-2021 by Ord. No. 1597]

The Division of Utilities reserves the right to remove and test any meter at any time and to substitute another meter, either permanently or temporarily.

[Amended 10-7-2022 by Ord. No. 1617]

Upon the written request of a consumer, the Division of Utilities will test the accuracy of the property owner's meter and, if so desired, in the property owner's presence or that of his authorized representative. Each request for a test shall be accompanied by a fee established by resolution of the Borough Council. If the test proves a meter to have been faulty by 10% or more, the fee will be refunded.

[Amended 3-15-2005 by Ord. No. 1226; 9-2-2008 by Ord. No. 1321; 8-20-2013 by Ord. No. 1431; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

§ 542-7 Owner's responsibility for water services.

The water service line from the meter pit to all outlets in the premises is the sole responsibility of the owner of the premises, and shall be kept in repair or replaced at the owner's expense. All repairs to the water service line from the meter pit, including meter pit equipment, to the water main, where negligence is not a factor, shall be the responsibility of the Borough. Applications to upgrade meters, meter boxes, fittings and pipes will be subject to the applicable charges found in the Water/Sewer Fee Resolution located in the Borough Clerk's Office and/or the Utilities Office.

[Amended 10-2-2018 by Ord. No. 1529; 8-17-2021 by Ord. No. 1597]

The Division of Utilities shall not be held accountable for any damage which may result from leaks, burst pipes, or from any other cause in occupied or unoccupied houses, buildings or places of business.

[Amended 8-20-2013 by Ord. No. 1431; 5-5-2015 by Ord. No. 1464; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

If the Division of Utilities is dispatched to replace gaskets and reset the meter because the plumber failed to reset and tighten the meter properly, a fee established by resolution of the Borough Council will be billed to the property owner.

Any damage to water meters and/or their associated equipment during construction or otherwise, shall be the responsibility of the person causing the damage and in the event that person shall not be determined, the owner of the premises shall be responsible for the cost of repair or replacement thereof.

§ 542-8 Temporary disruption of water supply.

[Amended 10-7-2022 by Ord. No. 1617]

The Division of Utilities will use reasonable care and diligence to provide a constant supply of water through the pipes to consumers, but reserves the right any time without notice, to shut off the water in its mains for the purpose of making repairs or extensions or for other emergency purposes. Neither the Division of Utilities nor the Borough shall be liable for a deficiency or failure in the supply of water or for damage caused by the bursting of any main or pipe, or any other attachment of the department, or for any other cause whatsoever. All consumers having boilers or any other type of equipment upon their premises, depending upon the water and the pressure to keep them supplied, are hereby cautioned against danger of collapse, and all damage must be borne exclusively by the consumer.

§ 542-9 Discontinuance of water service by Division of Utilities.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2008 by Ord. No. 1325; 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

A fee established by resolution of the Borough Council plus a street opening charge in accordance with § 542-3C hereof will be charged by the Division of Utilities for initiation of permanent discontinuance of service procedure. Service rendered under any application or agreement may be discontinued for reasons as stated in § 542-17 hereof and for any of the following reasons:

Use of water for any other property or purpose except as described in the original or amended application.

Failure to protect water meter and service line from damage.

Tampering with any service pipe, meter, corporation stop or seal or any other appliance of the Division of Utilities.

Nonpayment, after due and timely notice of any charges or rental fees for water services accruing under the application.

Refusal of reasonable access to any home, building or place of business by the Division of Utilities Superintendent or any other person designated by him or the Division of Utilities, at all reasonable hours of the day, for the examination of the water service line.

Willful waste of water through improper or imperfect pipes, fixtures or otherwise.

Interference with access to the water meter [see § 542-6A(5)].

§ 542-10 Discontinuance of water service by consumer.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2008 by Ord. No. 1325; 8-20-2013 by Ord. No. 1431; 8-17-2021 by Ord. No. 1597]

Permanent discontinuance of service to any premises will be effected by the Division of Utilities upon receipt of a written request from the property owner subject to approval by the Division of Utilities and Construction Official.

[Amended 10-7-2022 by Ord. No. 1617]

The service will be turned off and the meter and the meter box will be removed and the owner shall pay in advance a discontinuance fee established by resolution of the Borough Council plus a street opening charge in accordance with § 542-3C.

§ 542-11 Turnoff charges; final reading charges.

[Amended 3-15-2005 by Ord. No. 1226; 9-2-2008 by Ord. No. 1321; 8-20-2013 by Ord. No. 1431; 2-16-2016 by Ord. No. 1471; 10-2-2018 by Ord. No. 1529; 8-17-2021 by Ord. No. 1597]

A turnoff charge established by resolution of the Borough Council will be made if the Division of Utilities has effected a temporary turnoff of the water service, either at the request of the property owner or because of an emergency, or because the Division of Utilities turned off the water service by reason of a violation of any of the sections of this chapter. Each subsequent turnoff will be subject to an additional turnoff fee established by resolution of the Borough Council. Service may only be restored by a licensed New Jersey plumber. The time period for calculation of subsequent offenses shall reset on a calendar year basis.

[Amended 10-7-2022 by Ord. No. 1617]

Final meter readings in connection with the sale or transfer of real property will be conducted by the Borough upon request. Prior to the performance of each reading, the requestor shall submit a fee established by resolution of the Borough Council per parcel to cover the administrative costs of such special, unscheduled readings.

Due to nonpayment, an obligatory interruption of service charge established by resolution of the Borough Council will be imposed, whereby the water meter will be removed from the premises and will not be reinstalled until the arrears, plus interest and special mailing costs, are paid current by means of cash, if paid in person, or cash equivalent funds via mail in accordance with §§ 542-17 and 542-26.

§ 542-12 Water service bills.

Water meters shall be read quarterly in each year, and bills for the minimum, in advance, together with the excess water charges for the prior period, if any, will be rendered quarterly. All bills presented will contain the then-current meter reading, showing the amount furnished, and said bills shall be paid within 30 days from their due date. If not paid when due, the Division of Utilities reserves the right to discontinue service after due notice and remove the meter, but no such discontinuance shall deprive the Division of Utilities of the right to be paid for the water furnished. Interest at the rate of 1 1/2% per month will be applied to all bills for minimum or excess charges not paid when due. All bills shall be payable to the Borough of Stone Harbor.

[Amended 8-17-2021 by Ord. No. 1597; 10-7-2022 by Ord. No. 1617]

Whenever property owner shall consider any charge for excess water consumption incorrect and desires for that reason to contest the accuracy thereof, protest by letter must be filed with the Utility Collector within 45 days after receipt of any bill. Upon receipt of any such protest, the Utility Collector shall review the records and cause the appropriate authorities to make a thorough recheck and then promptly correct or verify the bill as the case may be, and notify the consumer of the result. Unless a protest is made within the aforesaid time, the bill rendered shall be considered final and not subject to protest.

[Amended 8-17-2021 by Ord. No. 1597]

Once the water meter is issued to the owner of record for the property, or to the owner's agent, the water service fee shall begin to accrue.

Billing of the initial billing cycle for water service will be on a prorated basis from the time of issuance of the meter to the end of the current billing quarter. The billing shall be based upon the schedule of water rates and fees set forth in § 542-13A for the quarterly minimum charge.

§ 542-13 Fire hydrant rental fee; fire hydrant rental meter; private fire protection facilities.

[Amended 3-15-2005 by Ord. No. 1226; 5-3-2005 by Ord. No. 1232; 8-15-2006 by Ord. No. 1265; 3-18-2008 by Ord. No. 1307; 8-5-2008 by Ord. No. 1319; 9-2-2008 by Ord. No. 1321; 10-5-2010 by Ord. No. 1364; 5-4-2011 by Ord. No. 1377; 4-16-2013 by Ord. No. 1422; 8-20-2013 by Ord. No. 1431; 4-7-2015 by Ord. No. 1459; 4-19-2016 by Ord. No. 1475; 12-6-2016 by Ord. No. 1487; 10-2-2018 by Ord. No. 1529; 8-17-2021 by Ord. No. 1597; 11-15-2021 by Ord. No. 1600; 10-7-2022 by Ord. No. 1617; 12-6-2022 by Ord. No. 1621]

Fire hydrant rental. As rental for each fire hydrant of the Borough, the Division of Utilities will receive the sum of $25 annually from the general budget of the Borough.

Fire hydrant meter rental service charges. Water from fire hydrants may be used for jetting in pilings or other special uses and for filling swimming pools upon application to and approval of the Division of Utilities. A service charge established by resolution of the Borough Council shall be made for use of the hydrant meter, and the quantity of water supplied as registered on the meter shall be paid for at the rate recited in § 542-27B hereof, the same to be paid to the Utilities Collector after the meter is returned to the Borough. In the event the water is being used for filling swimming pools, the sewer charges will be applicable because the swimming pool is emptied into the sanitary sewage collection system.

Service to private fire protection facilities. Private fire protection facilities shall pay in advance a charge determined by the Division of Utilities for materials and installation costs of each connection intended to be used exclusively for the extinguishment of fires. The fire protection facilities are not metered. Private fire protection facilities having a two-inch service line or more shall be charged $158 per quarter, and private fire protection facilities having less than a two-inch service line shall be charged $63 per quarter, and said facilities shall be billed accordingly. If the property owner uses the fire protection facilities for fire protection and some use other than fire extinguishing purposes, then the service connection shall be metered and § 542-27A and B hereof shall be applicable. All meters which exclude sanitary sewer charges and all personal fire protection facilities are subject to periodic inspections by authorized Borough personnel.

§ 542-14 Sanitary collections system installation.

[Amended 3-15-2005 by Ord. No. 1226; 11-18-2008 by Ord. No. 1325; 8-20-2013 by Ord. No. 1431; 8-17-2021 by Ord. No. 1597]

A four-inch building sanitary sewer shall be installed unless a larger size is applied for by the plumbing contractor and approved by the Division of Utilities. The cost of a new or replacement building sanitary sewer will be established by resolution of the Borough Council.

[Amended 10-7-2022 by Ord. No. 1617]

A building sanitary sewer will be used to service a single user only and no user shall be serviced by more than one building sewer unless agreed upon between the user and the Plumbing Inspector.

Supply of multiple buildings.

Service may be supplied through one building sanitary sewer connected to several building discharge lines at the option of the property owner and concurrence of the Plumbing Inspector.

Where a building is erected in the rear of one fronting on the street or avenue and both buildings are owned by the same property owner, that building may be served through the building sanitary sewer of the front building. Where houses are erected in pairs under one roof and belonging to one property owner, the entire building may be serviced, at the option of the user, through one building sewer. In one-story stores built in blocks, when all of the stores in the block are owned by one owner, the entire block may be supplied with service through one building sewer at the option of the property owner and with the concurrence of the Plumbing Inspector. Where the property owner received service through one building sanitary sewer from more than one unit, the property owner shall in the case of a sale on any part of the premises thus serviced, except for the sale of a unit in a condominium, immediately disconnect the service from that part of the premises sold. When stores are a part of a hotel, motel, house, apartment building or other building supplied with service, the store shall be considered as one room or two rooms as the case may be and shall be serviced through the same building sanitary sewer which services the building of which the stores are a part.

The building sanitary sewer from within approximately one foot of the curbline to the public sanitary sewer shall be under the exclusive control of the Borough of Stone Harbor and under no circumstances shall any person not authorized by the Borough of Stone Harbor tamper with any part of the line. The installation or repair of this section of the building sewer shall be made by the Borough of Stone Harbor or its authorized agent in every case.

All existing and new sewer cleanout systems and other openings in the sanitary collection system shall be kept sealed everywhere within the boundaries of the Borough of Stone Harbor.

The existing sewer cleanout shall be placed between the curb and sidewalk and shall be level with both. No tripping hazards are to be created in the pedestrian right-of-way.

§ 542-15 Use of wastewater facilities.

Waste disposal. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Borough of Stone Harbor or in any area under the jurisdiction of said Borough any human or animal excrement, garbage, or other objectionable waste.

Wastewater discharges. It shall be unlawful to discharge without a permit to any natural outlet within the Borough of Stone Harbor or in any area under its jurisdiction. Wastewater discharges to the wastewater facilities are not authorized unless in accordance with provisions of these regulations.

Wastewater disposal. Except as provided in these regulations, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

Connection to wastewater sewer. Any person requesting connection to the wastewater facilities may only do so through the wastewater sewers owned by the Borough. No person may be permitted to directly discharge into the wastewater facilities owned by the Cape May County Municipal Utilities Authority (CMCMUA) unless prior written consent is received from the CMCMUA.

Protection of capacity for existing sewers. The Borough shall not issue a permit for any class of connection to the wastewater sewers or wastewater treatment facilities unless there is sufficient capacity, not legally committed to other users, in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the system.

§ 542-16 Owner's responsibility for sanitary collection system.

[Amended 10-2-2018 by Ord. No. 1529; 8-17-2021 by Ord. No. 1597]

It shall be the sole responsibility of the property owner to maintain the entire building sewer in proper operating condition. Restrictions in the building sewer causing limited flow, blockage or discharge of sewage onto any property, into the street, highway or within an easement area, shall be eliminated through arrangements between the property owner and a registered plumber.

If the Division of Utilities is dispatched to a property and it is determined that the restriction is not within the sewer lateral from the curb to the main a charge as established by resolution of the Borough Council will be imposed upon the property owner. It is illegal for any sewer cleanout or other openings to discharge sewage onto any property, whether public or private. If such discharges do occur, the cause must be promptly eliminated. Tardy elimination or frequently repeated occasions of such incidences or failure to clean up after such instances shall be a violation of this chapter and shall be reason for the Stone Harbor Plumbing Inspector to cause discontinuance of water service and to proceed with necessary arrangements for clean up, etc., and assess the user accordingly.

[Amended 10-7-2022 by Ord. No. 1617]

§ 542-17 Discontinuance of service.

[Amended 9-2-2008 by Ord. No. 1321]

The operation of the sanitary collection system is directly related to the use of water. Therefore, the Borough of Stone Harbor reserves the right to also discontinue water service for any of the following reasons and to impose an obligatory interruption of service charge in accordance with § 542-11, plus special mailing costs.

Nonpayment of any charges or fees for sanitary collection service in accordance with § 542-26 may result in appropriate action being taken by the Borough, including but not limited to subjecting the property to tax sale; removal of the meter at the expense of the property owner; charges for reinstallation of the meter and associated expenses, including special mailing costs established by resolution of the Borough Council.

[Amended 8-17-2021 by Ord. No. 1597]

Failure to maintain the sanitary system, piping and appurtenances in satisfactory working order, including sewer to the public sewer.

The discharge of sewage onto property, public or private.

Failure to comply with regulations pertaining to the sealing of sewer cleanout systems and other openings in the sanitary collection system.

[Amended 8-17-2021 by Ord. No. 1597]

Discharges into the sanitary collection system in violation of § 542-18B.

[Amended 8-17-2021 by Ord. No. 1597]

§ 542-18 Restricted connections and discharges to sanitary sewerage collection system.

Restricted connections. All discharges of stormwater, surface water, groundwater, roof runoff, and subsurface drainage shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain, or arrangement which will permit any such waters to enter any wastewater sewer shall be deemed to be a violation of this section and these regulations.

Restricted discharges. No person shall discharge or cause to be discharged to any of the wastewater facilities any substances, materials, waters, or wastes in such quantities or concentrations which will:

Create a fire or explosion hazard, including, but not limited to, gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; including but not limited to any liquid having a flash point lower than 235° F. as determined by the Tagliabue closed cup method.

Cause corrosive damage or hazard to structures, equipment, or personnel of the wastewater facilities, but in no case discharges having a pH lower than 5.5 or greater than 9.0.

Cause obstruction to the flow in sewers, or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials.

Contain fats, wax or grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.

(5)

Have a temperature higher than 150° F. or 65° C.

(6)

Contain phenolic compounds over 1.0 part per million, expressed as phenol.

(7)

Contain any radioactive substances.

(8)

Have a biochemical oxygen demand (five-day BOD) in excess of 350 milligrams per liter (mg/l).

(9)

Have a suspended solids content in excess of 300 mg/l, or containing suspended solids of such character of specific gravity that unusual attention or expense is required to handle or treat such materials.

(10)

Contain corrosive, toxic, deleterious, or poisonous substances in sufficient quantity to cause injury, damage or hazard to personnel, structure or equipment, or interfere with the wastewater facilities, including but not limited to any portion of the liquid or solids treatment or handling processes, or that which will pass through the treatment facilities in such condition that they will not achieve state, federal, or other existing, pending, or future requirements for the effluent discharge, including but not limited to the permit requirements imposed upon the Cape May County Municipal Utilities Authority.

(11)

Cause unusual volume or concentration of wastes being delivered in a "slug" manner by which it is meant that the normal (i.e., twenty-four-hour average) concentration of loadings shall not be exceeded by more than a factor of 4.0 for any sixty-minute period.

(12)

Have an objectionable color which is not removable in the wastewater treatment facility.

(13)

Be discharged by tank trucks into manholes or appurtenances of the wastewater sewer system, including but not limited to septic tank wastes. These septic tank wastes will, however, be accepted directly at designated CMCMUA Wastewater Treatment Facilities.

(14)

Contain noxious, malodorous gas or substances which are present in quantities that create a public nuisance or a hazard to public health.

(15)

Contain any garbage that has not been properly shredded.

(16)

Contain substances interfering with sludge management.

Any substance which may cause the wastewater treatment facilities sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the CMCMUA is pursuing a reuse and reclamation program. In no case shall a wastewater discharged to the wastewater facilities cause the wastewater treatment facilities to be in noncompliance with sludge use and disposal criteria, guidelines or regulations developed by the NJDEP, the USEPA, or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or the New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage.

(b)

If any wastewaters are discharged or are proposed to be discharged to the wastewater facilities which consist of the substances or possess the characteristics enumerated above, or which may be set forth by regulatory agencies now or in the future, and which, in the judgment of the Borough and/or the Cape May County Municipal Utilities Authority, have a deleterious effect upon the wastewater facilities or constitute a public nuisance, the Borough may:

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

Reject the wastes;

[2]

Require pretreatment to an acceptable condition prior to discharge into the wastewater sewer system;

[3]

Require control over the quantities and rates of discharge; and/or

[4]

Take such other action as it may deem appropriate.

Water conservation. In an effort to conserve water resources, no discharger shall be permitted to dilute their waste to avoid violation of Subsection B.

§ 542-19 Illicit connection prohibited.

[Added 9-6-2005 by Ord. No. 1245]

Purpose. A section to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Stone Harbor, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" as used herein is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

DOMESTIC SEWAGE

Waste and wastewater from humans or household operations.

ILLICIT CONNECTION

Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Stone Harbor, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJOI4 1852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE

Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a)(1), (b), or (c)].

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Stone Harbor or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT

A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NONCONTACT COOLING WATER

Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may however contain algaecides, or biocides to control fouling of equipment, such as heat exchangers, and/or corrosion inhibitors.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

[Amended 8-20-2013 by Ord. No. 1431]

Prohibited conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Stone Harbor any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).

[Amended 8-20-2013 by Ord. No. 1431]

Enforcement. The following Borough officials shall have authority to enforce this section:

[Amended 8-20-2013 by Ord. No. 1431]

An employee directed by the Borough Administrator

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

The Director of Public Works or his/her designee.

Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a minimum fine of $500, not to exceed $1,250.

[Amended 8-20-2013 by Ord. No. 1431; 10-2-2018 by Ord. No. 1529]

§ 542-20 Improper disposal of waste.

[Added 9-6-2005 by Ord. No. 1245]

Purpose. A section to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Stone Harbor, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

See § 542-19B.

PERSON

See § 542-19B.

STORMWATER

See § 542-19B.

Prohibited conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Stone Harbor is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

Exceptions to prohibition:

[Amended 8-20-2013 by Ord. No. 1431]

Waterline flushing and discharges from potable water sources.

Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).

Air-conditioning condensate (excluding contact and noncontact cooling water).

Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

Enforcement. The following Borough officials shall have authority to enforce this section:

[Amended 8-20-2013 by Ord. No. 1431]

An employee directed by the Borough Administrator.

The Director of Public Works or his/her designee.

Penalty. Any person(s) who continues to be in violation of the provisions of this section, after being duly warned on one occasion, shall be subject to a minimum fine of $500, not to exceed $1,250.

[Amended 10-2-2018 by Ord. No. 1529]

§ 542-21 Monitoring the wastewater.

Information and noncompliance. If the Borough and/or the CMCMUA has reason to believe that any discharger is in violation of § 542-18, one or both of the following actions may be taken:

Request additional information in an effort to evaluate the quality and quantity of the materials discharged.

Monitor the wastewater. If the discharger is found to be in violation of § 542-18, the Borough shall require the installation of pretreatment facilities within a specified time to be determined by the Borough and/or the CMCMUA. If such facilities are not constructed in delivering a waste in compliance with the provisions of these regulations within the specified time, the Borough may disconnect the discharge from the wastewater facilities according to provisions set forth in § 542-26. The requirements of this section shall be applicable to all dischargers in existence prior to and following the adoption of these regulations.

Determination of wastewater characteristics.

Measurements, tests, and analyses of the characteristics of wastewater to which reference is made in these regulations shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association or such alternate methods approved by the Borough in compliance with state and federal law. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Borough and the CMCMUA. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, tries and frequencies than specified by the Borough and the CMCMUA.

Measurements, tests, and analyses of the characteristics of wastewater required by these regulations shall be performed by a New Jersey State certified laboratory.

When required by the Borough, the user shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater. Such manhole or other appurtenances, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the user at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Special agreements. Nothing in this section shall be construed as preventing any special agreement or arrangement between the Borough and any user of the wastewater facilities whereby wastewater of unusual BOD or suspended solids strength is accepted into the system subject to any surcharge payments or user charges as may be applicable; provided, however, that such acceptance does not cause a violation of the discharge permit requirements for the wastewater treatment facility. The surcharge rates shall be in conformance with the then prevailing rates developed by the CMCMUA.

Costs of damage. If the drainage or discharge from any person/owner causes a deposit, obstruction, or damage to any of the wastewater facilities located within the Borough, the Borough or the CMCMUA, depending upon which of those entities has operating responsibility for the obstructed section of the wastewater facility, shall cause the deposit of obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, supervision, permits and engineering fees shall be borne by the person/owner causing such deposit, obstruction, or damage.

§ 542-22 Sewer vent noncompliance.

[Amended 3-15-2005 by Ord. No. 1226; 3-18-2008 by Ord. No. 1307; 9-2-2008 by Ord. No. 1321; 4-16-2013 by Ord. No. 1422; 8-20-2013 by Ord. No. 1431; 4-7-2015 by Ord. No. 1459; 5-5-2015 by Ord. No. 1464; 12-6-2016 by Ord. No. 1488; 8-17-2021 by Ord. No. 1597; 11-15-2021 by Ord. No. 1600; 10-7-2022 by Ord. No. 1617; 12-6-2022 by Ord. No. 1621]

In the event the Borough discovers that a property owner's property is not in compliance with the requirement that its vent systems and other openings into the sanitary collection system which are flush with the surrounding area be sealed, the Borough shall notify said property owner via certified mail, return receipt requested, of the noncompliance. Said notice shall inform the property owner that if the property owner does not come into compliance within 30 days from the date of mailing of the notice, and inform the Borough, in writing, of such compliance, said property owner shall be billed an additional quarterly charge, established by resolution of the Borough Council, until compliant. That charge shall be for the purpose of offsetting the additional service charges made by the Cape May County Municipal Utilities Authority to the Borough resulting from infiltration into the sewer collection system as a result of these opening.

§ 542-23 Meter failure.

[Amended 3-7-2006 by Ord. No. 1251]

Because the sewer rate is based upon water usage during the prior year's summer quarter (July 1 through September 30), in the event a meter fails to register or operate properly during the summer quarter, the sewer charge for the following year will be based upon an average of the prior three years' summer water's consumption. In the event the records for the prior three summer quarters are not complete, the last three quarters where the records are complete shall be used. In the event there are not three years of complete records of the summer quarters, the summer quarters which do have complete records shall be used for such averaging.

§ 542-24 Vandalism and accidental spills.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, is punishable by a fine in an amount not to exceed $275. The fine shall be in addition to payment of damages incurred by a wastewater facility.

[Amended 3-15-2005 by Ord. No. 1226]

Accidental spills. Any person, persons, or businesses responsible in part or in whole for an accidental spill into the sewer system, on to public or private property, or into surrounding bodies of water, shall immediately report each occurrence to the Borough of Stone Harbor Police Department.

Reporting. In the case of an accidental discharge, or, if for any reason a user does not comply, or will be unable to comply, with any prohibition of limitation in these sewer use regulations, the user responsible for such discharge shall immediately telephone and notify the Borough and the CMCMUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such user shall take immediate action to prevent interference with the wastewater treatment process and/or damage to the wastewater facilities. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater facilities or other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by these regulations or other applicable law.

§ 542-25 Smart irrigation systems.

[Added 4-2-2013 by Ord. No. 1421[1]; amended 8-17-2021 by Ord. No. 1597; 4-19-2022 by Ord. No. 1607]

Upon the effective date of this section, all persons installing irrigation systems, and all existing irrigation systems under and subject to the requirements of this section, shall require the installation and use of smart irrigation technologies as hereinafter stated.

Rainfall-sensing or moisture-sensing devices shall be installed and used to avoid the unnecessary operation of all irrigation systems during periods of rainfall. This section shall apply to all new construction or where an existing structure on the property is being renovated, restored or otherwise substantially altered. Substantial alteration occurs when 40% or more of the total sum of floor and roof areas of the principal structure is proposed to be structurally altered within a twelve-month period, or in the case of any structural alteration to a principal structure, when the fair market value of the structural addition equals or exceeds 40% of the value of the original structure's fair market value prior to the alteration.

Rainfall-sensing or moisture-sensing devices include soil moisture sensors that assess the available plant soil moisture in order to minimize the unnecessary use of water and/or rain sensors placed in the irrigation system designed to restrict operation of a sprinkler controller when precipitation has reached a preset quantity.

Evapotranspiration-based (ET) controllers are required on any automatic landscape irrigation system installed subsequent to April 30, 2013. In addition said systems are required on automatic irrigation systems when any principal structure on a property in the Borough is substantially altered. Substantial alteration occurs when 40% or more of the total sum of floor and roof areas of the principal structure is proposed to be structurally altered within a twelve-month period or, in the case of any structural alteration to a principal structure, when the fair market value of the structural addition equals or exceeds 40% of the value of the original structure's fair market value prior to the alteration. "Evapotranspiration-based (ET) controller" means a controller that calculates soil moisture from known weather and related inputs. An ET-based controller:

Receives and monitors weather data or on-site environmental conditions, including, but not limited to, solar radiation, wind speed, temperature, relative humidity, rainfall and soil moisture; and

Calculates or determines the amount of moisture input to and moisture lost from the soil and plants; and

Automatically creates or adjusts the irrigation schedule to apply only the amount of water that is necessary to maintain adequate soil moisture.

Applicability. This section shall apply to all registered landscapers, as defined herein, and property owners within the jurisdiction of the Borough of Stone Harbor who install or perform work on automatic irrigation systems and to any person or entity which purchases or installs an automatic landscape irrigation system on their property.

Any person who purchases or installs an automatic landscape irrigation system on their property must properly install, maintain, and operate the system in accordance with manufacturer specifications, technology that inhibits or interrupts operation of the system during periods of insufficient moisture, and otherwise comply with the provisions of this section.

A registered landscaper, and/or property owner who installs or performs work on an automatic landscape irrigation system must test for the correct operation of each inhibiting or interrupting device or switch on the system. If such devices are not installed, or are functioning improperly, the contractor must install new devices or repair the existing ones and ensure that each is operating properly before completing other work on the system.

For the purposes of this chapter, “registered landscaper” shall be defined as: A person or persons doing business with residential or commercial customers for the purpose of planting, maintaining, watering, cutting, cleaning, raking or performing similar activities.

Regular maintenance and replacement of worn or broken moisture-sensing equipment, such as soil moisture or rain sensors, is not a violation of this section, if such repairs are made within 30 days from the time noncompliance is noted.

Violations and penalties.

Failure of any person who purchases or installs an automatic landscape irrigation system on their property, or property managed by them, to properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of insufficient moisture is guilty of a violation of this section, and shall be subject to a fine of $50 for a first offense, $100 for a second offense, and $250 for a third or subsequent offense. A person in violation of this section may be cited for each day the system fails to be in compliance with this section.

Funds generated by penalties imposed under this section shall be used by the Borough for the administration and enforcement of this section, and the corresponding sections of this section, and to further water conservation activities.

Editor's Note: This ordinance also provided for the renumbering of former § 542-25 as § 542-26.

§ 542-25.1 Irrigation schedules; exempt systems; enforcement.

[Added 7-16-2013 by Ord. No. 1429; amended 3-4-2014 by Ord. No. 1439; 5-5-2015 by Ord. No. 1464; 8-3-2021 by Ord. No. 1594; 8-17-2021 by Ord. No. 1597; 4-19-2022 by Ord. No. 1607]

This section only regulates installed irrigation systems or other mechanically assisted watering, whether automated or not. Hand watering of plants, shrubbery or other vegetation is unrestricted.

Watering restrictions. Effective January 1, 2023, the grass, trees, or landscape beds located between the curb and the sidewalk may only be watered by systems utilizing drip and/or trickle irrigation.

Irrigation schedules. The watering of lawns and/or plant beds by way of any irrigation system, including smart irrigation systems, is hereby restricted to the following mandatory schedule:

All properties on which the last digit of the house number is an odd number may irrigate on odd-numbered calendar days beginning no earlier than April 1 of each year and ending no later than November 15 of each year.

All properties on which the last digit of the house number is an even number may irrigate on even-numbered calendar days beginning no earlier than April 2 of each year and ending no later than November 16 of each year.

All such watering may only occur after the hour of 3:00 a.m. prevailing time or before the hour of 9:00 a.m. prevailing time on each day watering is allowed. Every system utilized for irrigation shall be restricted to these times and durations.

All such watering shall be limited to once per day, no more than 30 minutes per zone within each system.

Exemptions. The following shall be exempt from the above schedule.

Flower boxes may be watered every day within the April through November irrigation schedule established in § 542-25.1B. All such watering of flower boxes is limited to a maximum of 10 minutes per zone.

Newly installed lawns and/or landscape beds may water as needed for the first 21 days following installation, but the increased watering schedule may occur only within the particular zone(s) in which the new lawns and/or landscape beds are planted. After 21 days, such zones shall be subject to the restrictions of § 542-25.1B thereafter.

All irrigation systems will be exempt from the odd/even day irrigation schedule established in § 542-25.1B on the following dates: May 31, July 31, August 31, and October 31.

Enforcement and penalties. This section may be enforced by the Utilities Collector, an employee of the Division of Utilities or Public Works, Code Enforcement Officer or any officer of the Stone Harbor Police Department. The enforcement and penalty provisions of § 542-26, as well as the general penalty provisions of the Revised General Ordinances of the Borough of Stone Harbor, current edition, shall apply to this section as well, except that, on a first offense, the property owner shall be given a warning and a copy of § 42-25.1 in lieu of a complaint/summons. For a second offense (after a first offense warning hereunder), a fine of $100 shall be imposed. For a third offense, a minimum fine of $250 shall be imposed; for any subsequent offense, a minimum fine of $350 to a maximum of $1,250.

[Amended 10-7-2022 by Ord. No. 1617]

§ 542-26 Enforcement; violations and penalties.

Payment. If prompt payment for any water or sanitary collection service or for work done or materials furnished is not made when due, as aforesaid, the water shall be shut off from the premises served and it shall not be supplied thereto again until the arrears, with interest and penalties, shall be fully paid. The officers and employees of the Borough of Stone Harbor are fully authorized to take any and all action necessary to enforce this provision as well as all others necessary to the proper enforcement of this chapter. If any charges shall remain in arrears for two months, the officer or other employees charged with the duty of the collection thereof shall file with the officer charged with the duty of collecting unpaid taxes, a statement showing such arrearages; and from the time of such filing, the unpaid charges shall become a lien upon the premises and real estate for which the service(s) were furnished, and in connection with which the charges were incurred to the same extent as taxes are a lien upon real estate in the Borough shall be collected and enforced by the same officers and in the same manner as liens for taxes.

Violations. Any act prohibited by this chapter is hereby declared to be a violation hereof. The failure to do any act or thing required to be done pursuant to the provisions of this chapter shall be considered a violation hereof.

Penalty. Any person found guilty of any violation of this chapter, shall, upon conviction thereof, be subject to a minimum fine of $500, not to exceed $1,250.

[Amended 3-7-2006 by Ord. No. 1251; 10-2-2018 by Ord. No. 1529]

Repetition of offense. Each day a violation continues shall constitute a separate violation of this chapter.

Additional penalty for damages. If a violation causes any expense for reconnection, replacement or repair to any operating component of the waste water facilities or the water distribution system, the person convicted of causing the violation necessitating such reconnection, replacement or repair, shall, upon application by the Borough, be required to make payment by restitution, or otherwise, in the amount of the expense and costs incurred by the Borough in pursuing enforcement of this provision.

§ 542-27 Schedule of Water and Sewer Rates.

[Added 12-6-2022 by Ord. No. 1621]

Minimum charges. There shall be due and payable quarterly in each year a minimum charge for each property owner or meter in accordance with the following schedule:

Size of Service	Quarterly Base Rate Water and Sewer Combined	Allowance (gallons)
5/8- or 3/4-inch	$195	10,000
1-inch	$232	10,000
1 1/2-inch	$275	10,000
2-inch	$328	10,000
3-inch	$403	10,000
4-inch	$475	10,000
Exclusion Meters
5/8- or 3/4-inch	$85	None
1-inch	$122	None
1 1/2-inch	$165	None
2-inch	$218	None
3-inch	$293	None
4-inch	$365	None
Additional sanitary sewer	$110

Example for calculation of first water/sewer service bill. For example, if a three-fourths-inch water meter is issued to an owner on February 1 in the first quarter (January, February and March), and the total days in the quarter are 90 days, the charge for the water/sewer service would be 59/90 of the quarterly minimum charge

Exclusion meters. The quarterly minimum charge for exclusion meters shall be as set forth above.

Rate for excess water/sewer.

Regular service. The rate for all water/sewer furnished in excess of the quarterly allowance set forth above shall be as follows:

$5.50 for each additional 1,000 gallons up to 50,000 gallons, or any part thereof.

(b)

$6.50 per 1,000 gallons over 50,000 to 80,000 gallons, or any part thereof.

(c)

$7.50 per 1,000 gallons over 80,000 gallons.

Exclusion meters. The rate for water furnished for exclusion meters shall be as follows:

For any amount up to 50,000 gallons, the rate shall be $3 per 1,000 gallons or any part thereof.

For any amount over 50,000 gallons up to 80,000 gallons, the rate shall be $4.25 per 1,000 gallons or any part thereof.

For any amount greater than 80,000 gallons, the rate shall be $10 per 1,000 gallons or any part thereof.

Sanitary sewer collection system rates. The annual infrastructure and processing charge shall be paid by each consumer connected to the system. The annual charge will be used to pay the fee levied on the Borough by the Cape May County Municipal Utilities Authority (CMCMUA). Such charges will be billed in equal quarterly installments. Each installment shall be based upon the water consumption in the prior year's summer quarter (July, August and September) and will be billed as follows:

$6.50 per 1,000 gallons (or any part thereof) of water as recorded in the prior summer quarter up to 50,000 gallons.

$8.75 per 1,000 gallons over 50,000 up to 80,000 gallons.