[HISTORY: Adopted by the Mayor and Council
of the Borough of Netcong 10-11-1988, which ordinance superseded former
Ch. 88, Water, adopted as follows: Art. I, 7-11-1972 as Ch. 88, Art.
I, of the 1972 Code, as amended; Art. II, 10-12-1976, as amended;
and Art. III, 6-11-1985. Amendments noted where applicable.]
The provisions of this chapter apply to water
service furnished by the Borough of Netcong, hereinafter referred
to as the "borough," both within and outside borough limits.
The public water supply and distribution system of the Borough of Netcong and the organization, administration and operation thereof shall be under the exclusive control and jurisdiction of the Mayor and Council, except that the Water Board or duly licensed operator of said water supply and distribution shall have the authority to declare a water emergency, as provided in § 276-14, and take such other emergency action as may be necessary to protect and preserve the system.
Whenever the following words, clauses or terms
are used in this chapter, they shall be construed to mean and shall
have the meanings herein defined, unless otherwise specifically stated:
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 length of pipe, lying generally outside the street right-of-way,
which connects the curb box to the building to be served with water.
The Water Department of the Borough of Netcong.
A building or portion thereof designed for residential occupancy
by a single family.
A service connection that terminates in a privately owned
hydrant and/or in an internally installed sprinkler system and which
is not in any way connected to any fixtures other than those designed
for fire protection. Where any service connection shall serve two
or more sprinklered buildings, the system in each building shall be
considered a separate fire standby service.
Either in the singular or plural, all pipes, other than pipes
forming part of service connections, used for conveying water to or
distributing water in the borough.
Any person, persons, corporation, partnership or association
owning, or any mortgagee in possession of, any property or premises
which is or can be respectively supplied with water, or his or her
agent.
Any individual, firm, association, partnership or corporation
or any group of two or more of them.
Any period of consecutive days equal in time to three months
or 1/4 of a year. A quarter need not be three calendar months
nor a calendar quarter.
A pipe or pipes connected to the main and extending into
privately or publicly owned property or premises for supplying water
thereto.
The physical act of breaking into a main to install a service
connection.
A device for measuring the quantity of water passing through
a pipe at a given location.
The curb box and the portion of the service connection which
connects the box to the main and lies generally within the street
right-of-way.
Water shall not be furnished to any premises
unless the owner complies with all the terms and conditions, rules
and regulations herein set forth, together with any amendments and
supplements which may hereafter be made.
[Amended 5-14-1991; 4-13-2000 by Ord. No. 2000-4; 6-14-2001 by Ord. No. 2001-11; 4-14-2005 by Ord. No.
2005-4; 11-9-2010 by Ord. No. 2010-10; 7-14-2016 by Ord. No. 2016-10]
A.
Residential water charges.
(1)
Commencing in the third quarter of 2016, for all houses and apartments,
the metered rate per quarter shall be $74.25 for the first 12,000
gallons used and $4.50 per each additional 1,000 gallons used in excess
of the first 12,000 gallons.
(2)
Commencing in the first quarter of 2018, for all houses and apartments,
the metered rate per quarter shall be $85.50 for the first 12,000
gallons used and $5.50 per each additional 1,000 gallons used in excess
of the first 12,000 gallons.
(3)
Commencing in the first quarter of 2020 and thereafter, for all houses
and apartments, the metered rate per quarter shall be $87 for the
first 12,000 gallons used and $5.75 per each additional 1,000 gallons
used in excess of the first 12,000 gallons.
(4)
Where more than one dwelling unit is served by one meter, the aforesaid
quarterly minimum charges and rates based upon gallons used shall
apply to each dwelling unit.
B.
Commercial water charges.
(1)
Five-eighths-inch to one-inch line. For all commercial uses supplied
by a five-eighths-inch to a one-inch water line, the metered rate
per quarter shall be as follows:
(a)
Commencing in the third quarter of 2016, $81.50 for the first
12,000 gallons used and $4.75 per each additional 1,000 gallons used
in excess of the first 12,000 gallons.
(b)
Commencing in the first quarter of 2018, $94 for the first 12,000
gallons used and $5.50 per each additional 1,000 gallons used in excess
of the first 12,000 gallons.
(c)
Commencing in the first quarter of 2020 and thereafter, $95.75
for the first 12,000 gallons used and $5.75 per each additional 1,000
gallons used in excess of the first 12,000 gallons.
(2)
One-and-one-fourth-inch to one-and-one-half-inch line. For all commercial
uses supplied by a one-and-one-fourth-inch to a one-and-one-half-inch
line, the metered rate per quarter shall be as follows:
(a)
Commencing in the third quarter of 2016, $204 for the first
28,000 gallons used and $4.75 per each additional 1,000 gallons used
in excess of the first 28,000 gallons.
(b)
Commencing in the first quarter of 2018, $234.75 for the first
28,000 gallons used and $5.80 per each additional 1,000 gallons used
in excess of the first 28,000 gallons.
(c)
Commencing in the first quarter of 2020 and thereafter, $239.25
for the first 28,000 gallons used and $6 per each additional 1,000
gallons used in excess of the first 28,000 gallons.
(3)
Two-inch line. For all commercial uses supplied by a two-inch water
line, the metered rate per quarter shall be as follows:
(a)
Commencing in the third quarter of 2016, $336.25 for the first
40,000 gallons used and $4.50 per each additional 1,000 gallons used
in excess of the first 40,000 gallons.
(b)
Commencing in the first quarter of 2018, $386.75 for the first
40,000 gallons used and $5.75 per each additional 1,000 gallons used
in excess of the first 40,000 gallons.
(c)
Commencing in the first quarter of 2020 and thereafter, $394.50
for the first 40,000 gallons used and $6 per each additional 1,000
gallons used in excess of the first 40,000 gallons.
(4)
Minimum water charge. Notwithstanding the above, there shall be a
minimum charge for all commercial uses, as follows:
|
Sizes of Line
(inches)
|
Minimum Quarterly Charge
| |||
|---|---|---|---|---|
|
2016 (3Q and 4Q) and 2017
|
2018 and 2019
|
2020 and thereafter
| ||
|
5/8 to 1
|
$81.50
|
$85.50
|
$87
| |
|
1 1/4 to 1 1/2
|
$204
|
$234.75
|
$239.25
| |
|
2
|
$336.25
|
$386.75
|
$394.50
| |
C.
Fire standby service. For each fire standby service the quarterly
charge per year shall be as follows:
|
Size of Building in Square Feet
|
Quarterly Charge
| |||
|---|---|---|---|---|
|
2016 and 2017
|
2018 and 2019
|
2020 and thereafter
| ||
|
Less than 10,000
|
$216.50
|
$248.75
|
$253.75
| |
|
More than 10,000
|
$432.75
|
$497.50
|
$507.50
| |
D.
Additional charges. The hourly rate to be charged for water service
repair or maintenance shall be $75 per hour, per employee.
[Amended 2-8-2007 by Ord. No. 2007-1]
A.
Billing for water consumption. Bills for water consumption, except for fire standby service as provided in § 276-5C, shall be billed on March 1, June 1, September 1 and December 1 of each year.
B.
Regardless of the date on which service is connected or disconnected, the minimum rate as established in § 276-5 shall apply and shall be apportioned for each month or part thereof from the date service is connected to the first billing date or from the last billing date to the day service is discontinued, on the basis of calendar quarters.
[Amended 2-8-2007 by Ord. No. 2007-1]
A.
Water and related bills are payable not later than
the 15th day of the month in which the same become due.
B.
All bills overdue more than 15 days will be subject
to interest at the rate of 8% per annum on the first $1,500 and at
the rate of 18% per annum on the balance, to be calculated as of the
billing date.
C.
If any water bill or any other charge imposed under
this chapter is not paid within 30 days from the billing date and
two previous billing quarters remain unpaid, the Borough shall notify
by certified mail, return receipt requested, the owner of the premises
(as appears from the tax duplicate) and the person to whom such bill
was rendered or charge made, if different from the owner of such arrearage.
The notice shall state that if such bill or charge is not paid within
15 days of the date of such notice, the water service shall be shut
off. No service shut off for nonpayment shall be turned on or reconnected
until all billings for water and all other charges have been paid
in full, including a turn-on charge of $25. Such payments and such
turn-ons shall only be accepted and made during normal business hours.
D.
If payment of any water or other related charge billed
is not made as required by this chapter, and said charge(s) shall
remain in arrears for six months, the Water Collector shall file with
the Tax Collector a statement showing such arrearages. From the time
of such filing, the water or other charge shall be a lien upon the
real estate to which the water was furnished and in connection with
which the charges were incurred to the same extent as taxes are a
lien upon real estate in a municipality and shall be collected and
enforced by the same officers and in the same amount as liens for
taxes.
A.
Meter readings are final. All meter readings shall
be final and conclusive unless objection thereto in writing is filed
with the borough within 15 days after the billing date of the disputed
bill and meter reading.
B.
Unscheduled meter readings. At the request of an owner, and upon 48 hours notice, the borough may perform an unscheduled meter reading. There shall be a charge of $50 for any such unscheduled meter reading. If such an owner desires to terminate service as of the date of said unscheduled meter reading, charges shall be prorated in accordance with § 276-6B.
[Amended 7-14-2016 by Ord. No. 2016-10]
A.
Owner to make application. Applications for water
service shall be made by the owner of the property to be served, on
forms prescribed by the borough. The owner may request that bills
for water and other charges be rendered to an agent, a tenant or other
occupant of the premises; provided, however, that the owner shall
remain liable for the payment of all water and other related charges.
B.
Change of ownership. Upon change of ownership of property
being served with water, a new application for service shall be made
by the new owner. Such service of water shall be considered new service,
notwithstanding that actual water service may not have been physically
disconnected or shut off in connection with the transfer of ownership.
A.
Standard service connection. The tapping of the main shall be done and the corporation stop and the service lines from the main to the curb and the curb stop to the curb box shall be furnished and installed by the Water Department or its agent for a service connection fee of $2,875 which shall be payable in advance. This charge includes the furnishing and installation of a five-eighths-inch water meter, unmetered water for a reasonable period during construction, an inspection of the customer service line and any road resurfacing required in connection with the tap installation. The owner shall install the line from the curb stop to the structure in accordance with § 276-11.
[Amended 7-14-2016 by Ord. No. 2016-10]
B.
Extraordinary service connection.
(1)
The charge established by Subsection A hereinabove shall apply to all service connections constructed in earth excavations up to a maximum depth of eight feet where open-cut road crossings are permitted by the applicable agency having jurisdiction over the road being excavated. In cases where rock excavation is encountered or where additional material is deemed needed by the Water Superintendent or where the depth of excavation exceeds eight feet or where open-cut of roadway is not permitted or where some other extraordinary condition or circumstance is encountered, the applicant shall be responsible for the payment of any additional costs resulting therefrom. In addition, if a larger tap or corporation stop is required and/or the distance from the main to the curb exceeds 30 feet, the cost of said additional material and labor shall be paid by the owner.
(2)
If a meter larger than five-eighths-inch is required,
the owner shall be responsible for furnishing and installing such
meter. Any such meter must be approved by the Water Department prior
to installation.
C.
Capacity charge in lieu of standard service connection. A capacity
charge of $1,380 shall be paid per each residential unit newly constructed
and connected to a water distribution system not presently connected
to the municipal system and installed at the developer's sole
cost and expense, or to a water supply and distribution system not
presently connected to the municipal system and installed at the developer's
sole cost and expense.
[Amended 7-14-2016 by Ord. No. 2016-10]
D.
Each meter constitutes a separate water connection.
For the purposes of this section, each meter installed shall be considered
to be a separate water service connection.
E.
Winter service connections. In the winter months,
water taps shall only be installed at the discretion of the Water
Superintendent, depending on weather conditions.
A.
The customer service line shall be laid in a manner
approved by the borough. After a ditch has been dug, the pipe shall
not be covered until the borough has inspected and approved the laying
of such pipe and all connections thereto and has issued a certificate
of approval in writing. The installer shall take all precautions to
cover by plank or otherwise all excavations made in sidewalks for
the laying of the service line and shall not leave on the sidewalk
or in the public highway any stones or piles of dirt or other refuse.
All customer service lines must have a covering of at least four feet
of approved backfill with a minimum of six inches of sand over and
six inches of sand under the pipe. All customer service lines shall
be a minimum of five feet distant from any sewer line and their installation
shall comply in all respects with the applicable State Plumbing Code.
B.
All new installations of customer service lines and
all repairs and renewals of the same shall be made at the expense
of the owner. All pipes and fittings used in making such installations,
repairs and renewals shall be copper or such other material as shall
be approved by the borough.
A.
A stop cock or gate or ball valve shall be placed
in the service line on the street side of and near the meter, and
a stop and waste cock or valve shall be installed on the opposite
side thereof. A suitable check valve shall be placed between the stop
and waste cock or valve and the meter, if required by the borough.
If a check valve is required, a safety valve shall be inserted at
some convenient point in the house piping to relieve excess pressure
due to hot water.
B.
All water delivered in the borough shall be measured
by water meters approved by the Water Department. Five-eighths-inch
meters shall be provided and installed by the borough. After installation,
all five-eighths-inch meters shall remain the property of the borough.
If larger meters are desired, they shall be furnished and installed
by the property owner. Upon installation, meters two inches or larger
in size shall remain the property of the property owner. Those meters
larger than 5/8 of an inch up to two inches in size shall become
the property of the borough upon installation.
[Amended 2-13-1990]
C.
All premises being supplied water by the Water Department
without meters having first been installed shall, upon notice by the
Department, have a five-eighths-inch meter installed by the Water
Department or have a larger meter approved by the Water Department
installed satisfactory to the Water Department.
D.
The owner of any house or building which is tapped
into the borough water main conveying water supplied by the Borough
is hereby required to permit the installation of a meter yoke in the
service line. Such yoke shall be provided by the Borough and installed
by the owner at his own cost and expense.
E.
Where a yoke is already installed, the property owner
shall provide the Borough access to the yoke for repair and/or installation
of the meter.
F.
The location of each meter shall be approved by the
Borough. It must be accessible at all reasonable hours for the purpose
of inspection, repair and reading and located in the cellar or first
floor near the point of entrance of the customer service line and
in a clean, dry and safe place not subject to great variations in
temperature.
A.
Damages.
[Amended 5-13-1999 by Ord. No. 99-7]
(1)
Except for ordinary wear, all damages to a water meter,
including frost damage, shall be the responsibility of the property
owner. The Superintendent of Public Works shall determine whether
damage to the water meter was caused by negligence or ordinary wear.
Immediately upon discovery, the owner of metered premises shall notify
the Water Department of any damage to or failure of a meter. Only
a designated employee or agent of the Borough may remove or repair
a meter.
(2)
The fee for repairing a meter or the safety wire on
a meter shall be $15 plus the Borough's labor costs. If the meter
must be replaced, the customer shall pay all replacement costs incurred
by the Borough, as determined by the Superintendent of Public Works.
B.
Seals. All meters shall be sealed by an authorized
official. No person other than an agent or employee of the Borough
shall break, remove, tamper with or alter any seal placed upon any
meter.
C.
Bypass. No bypass around a meter shall be permitted.
D.
Fire standby service. No meter is required on a fire
standby service.
E.
Testing and calibration.
[Amended 2-13-1990]
(1)
Any property owner desiring to have a Borough-owned
meter tested may apply to the Borough therefor, paying a fee of $10
for each such test. If the test discloses that the meter is registering
incorrectly, said fee shall be returned to the owner. A meter registering
within 3%, plus or minus, of the correct value shall be considered
to be registering correctly.
(2)
All meters two inches or larger in size shall be tested
annually between May 1 and June 1 of each year, at the property owner's
expense, by a qualified inspection agency approved by the Water Board.
Prior to testing of meters two inches or larger in size, the property
owner shall obtain a list of approved inspection agencies from the
Water Board. A copy of the inspection agency's report shall be submitted
to the Water Board within 15 days after the inspection. Any corrections
shall be made by and at the expense of the property owner within 30
days of the inspection and as required by the Water Board.
[Amended 5-13-1999 by Ord. No. 99-7]
(3)
Should the inspection reveal that calibration of the
meter is necessary, the property owner shall provide at least 48 hours'
notice to the Water Board and the Water Department prior to removal
of the meter for calibration, so that a final reading may be obtained
by the Water Department. No meter shall be removed without a final
reading having first been taken. Any meter that is removed for calibration
must be reinstalled within 30 days of the removal. A calibration report
detailing the causes of the required calibration and any corrections
made shall be submitted to the Water Board and the Water Department
by the property owner within 30 days of the removal of the meter.
A.
If, in the opinion of the Water Board or licensed
operator of the Borough water supply distribution system, an emergency
exists due to a lack of necessary water to supply the needs of the
water customers of the Borough, said Water Board or licensed operator
may restrict such uses of water as they shall deem unessential for
the duration of such an emergency. All customers shall be notified
of any such restrictions as much in advance as is possible and practicable
under the particular circumstances.
B.
Should the Water Board or licensed operator determine
a water emergency exists and should the potable water system of the
Borough or any part of said system be required to be shut down to
effect emergency repairs, a bona fide attempt shall be made to notify
all businesses and residences that may be affected thereby during
such emergency. However, should such notification be deemed impossible
due to the nature of the emergency, no business or residential customer
shall have any claim for recovery of any financial losses which may
have occurred during said emergency due to such shutdown.
C.
In the case of a break in a line or other emergency situation affecting the water supply and distribution system which has occurred on private property and requires immediate attention and repair by the Borough, a Borough employee or duly designated agent shall have the right to enter upon such private property and make such repair. The Borough may charge the property owner for the costs of such repairs or maintenance at the hourly rates established in § 276-5 of this chapter plus any materials and outside labor costs, if necessary.
[Amended 6-13-2013 by Ord. No. 2013-7]
A.
When leaks occur in the service lines and pipes, prompt
notice thereof shall be given to the Water Department. Repairs in
Borough lines shall be made by the Borough and repairs in the customer
service line shall be made under the supervision and direction of
the Borough.
B.
The borough shall not be held accountable for any
damage which may result from leaks, burst pipes or from any other
causes in any building, and the owner shall pay for all water passing
through the meter in cases where the Department has not been notified
of any leaks or burst pipes and has not had sufficient time to shut
the same off.
[Amended 7-14-2016 by Ord. No. 2016-10]
A.
No person shall take water from any public fire hydrant, hose plug,
street washer or fountain pipe, except for fire-fighting purposes
or use by the Fire Department. No public fire hydrant shall be used
for sprinkling streets or lawns, flushing sewers or gutters or for
any other purpose not connected with the fighting of fire, except
with the approval of the Water Superintendent. It shall be unlawful
to cover, hide or obstruct any fire hydrant with shrubs, fences or
other objects.
B.
Where fire hydrants are located outside of the municipal boundaries
and provide service to other jurisdictions, the annual rental fee
to be charged to that jurisdiction shall be $100.
The borough is not responsible for any damage
caused by a failure to deliver water to any premises as a result of
any cause whatsoever.
The borough will not be responsible for injury
to persons or property because of excessive and/or low pressure. It
shall be each owner's responsibility to install whatever pressure
regulators he may deem necessary for the protection of his plumbing,
connections and of persons at or near the same.
A.
No person shall take, use or consume any water through
the water supply and distribution system of the Borough unless the
same shall first pass through a water meter installed and maintained
in accordance with this chapter unless the use of unmetered water
has been expressly authorized by ordinance or by resolution of the
Borough Council.
B.
No person, except an agent or employee of the borough,
shall tap or connect to any water main or insert a stopcock therein.
C.
No person, except an agent or employee of the borough,
shall turn the service connection at the curb on or off.
D.
No person shall keep any explosives, acids or other
substances likely to injure or damage any portion of the water supply
and distribution system, within 50 feet thereof.
E.
No person, except an agent or employee of the borough,
shall enter upon any property owned or controlled by the borough and
used by the borough in connection with the water supply and distribution
system; nor shall any person tear down, break, destroy or tamper with
any of the structures, machinery, mains, valves or any other part
or portion of said system.
F.
No interconnection shall be made between the water
supply and distribution system of the borough and any other water
supply and distribution system of any nature whatsoever, including
private wells, except as may be authorized by the borough.
G.
No connections of a service pipe with the distribution
system, no alterations, additions or extensions in or to any service
pipe and no devices for drawing water shall be made or attached to
the distribution system, except as authorized and approved by the
borough.
H.
No attachment from which water can be drawn shall
be connected to a service pipe between the water main and the water
meter.
I.
No person shall use or consume water after the service
connection has been turned off by the borough or its agents, employees
or representatives.
J.
As required and requested by the Water Board or Water
Department, within 30 days of the request, each property owner shall
submit as-built construction details of any service connection, customer
service line or any other pipes, valves or other appurtenances connected
to the water distribution system of the Borough of Netcong showing
their accurate location. Any other information requested or required
by the Water Board or Water Department regarding the accurate location
of any appurtenance or connection to the water distribution system,
the maintenance of any facilities, pipes or other appurtenances connected
to the water distribution system or repairs of such facilities shall
be submitted within 30 days of the request of the Water Board or Water
Department. A failure to respond to any such request shall be a violation
of this chapter.
[Added 2-13-1990]
K.
The Water Board or Water Department shall have the
right to require any property owner to take specified steps to repair
or maintain any service connections, pipes, facilities or other appurtenances
connected to the water distribution system of the Borough of Netcong
as may be deemed necessary in the discretion of the Water Board or
Water Department for the proper and efficient functioning of said
system. Any such required repair or maintenance action shall be completed
to the satisfaction of the Water Board within 30 days of the request.
A failure to respond to any such request or to schedule an inspection
of the repair by the Water Board shall be a violation of this chapter.
[Added 2-13-1990]
A.
A customer's service may be discontinued for any of
the following reasons:
(1)
For the use of water for any other premises or purposes
than those described in the application.
(2)
Under any flat-rate service, for addition of fixtures
or increases in the use made of water without notice to the borough.
(3)
For willful waste of water through improper or imperfect
pipes, fixtures or otherwise.
(4)
For failure to maintain in good order any connections,
service lines or fixtures being supplied water.
(5)
For abandonment of the premises.
(6)
For inability of the representative of the borough
to gain access to the premises served at reasonable hours for purposes
of inspection or for reading, caring for or removing meters, provided
that reasonable request for such access has been given.
(7)
For molesting any service pipe, meter, curb stop,
box, seal or other appliance of the Water Department.
(8)
For fraudulent representation by the owner of the
premises or anyone acting as his agent or on his behalf.
(9)
For persistent violation of the rules and regulations
of the Water Department or a violation of any of the provisions of
this chapter.
B.
Any service which is so discontinued shall not be
reinstated unless and until the violation has been corrected or, if
the violation consists of improper or excessive use of water, unless
and until the borough has received assurance, in form satisfactory
to it, that such use will not be continued.
C.
The borough will not discontinue the water service
in accordance with the provisions of this section without first providing
notice of such intended action. The notice required by this subsection
shall be given in person, by telephone or by mailing a copy thereof,
by both regular and certified mail, return receipt requested, to the
last known address of the owner as the same appears on the books and
records of the borough. Any mailed notice shall be conclusively deemed
to have been given on the date of mailing. The notice required by
this subsection shall be given at least 72 hours before any action
by the borough to discontinue water service.
