[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 12-14-1971 as Section 12-1 of Ch. XII of the
Revised General Ordinances, 1971. Amendments noted where applicable.]
The following regulations shall be considered
a part of the contract with every person who uses water, and the fact
of using water shall be considered as expressing assent on the part
of the user to be bound thereby:
A.
All applications for the use of water shall be made
by the owner of the property on blank forms furnished by the Water
Department and shall state fully all uses to which the water is to
be applied, and should it subsequently be required for other purposes,
notice shall be given by the owner before any change is made.
B.
A supply of water for building or other special purposes
shall be separately applied for.
C.
Service connection shall mean a pipe or pipes connected
to the main and extending into privately or publicly owned property
or premises for supplying Town water thereto.
[Added 7-28-2015 by Ord.
No. 15-12]
D.
Tapping or making a tap shall mean the physical act
of breaking into a main to install a service connection.
[Added 7-28-2015 by Ord.
No. 15-12]
E.
Water service tap installation shall mean the curb
box and the portion of the service connection which connects the curb
box to the water main and lies generally within the street right-of-way.
[Added 7-28-2015 by Ord.
No. 15-12]
F.
User service
line shall mean the length of pipe, lying generally outside of the
street right-of-way, which connects the curb box to the building to
be served with water, and shall include a water meter installed in
an underground pit, as directed by and to the specifications of the
Town of Clinton Water Department. Installation of meters in any building
shall be performed only when, and as permitted by the Water Department,
upon the Department’s determination that the meter installation
in an underground pit is not feasible. The user or property owner
shall be responsible for installation of the user service line, except
that water meters on all user service lines not exceeding two-inch
diameter shall be provided and installed by the Water Department.
[Added 7-28-2015 by Ord.
No. 15-12]
G.
Where a
tap for a service connection to any water main is required, application
shall be made either by the property owner or by the licensed plumber
contracting or doing the plumbing work on triplicate blank forms furnished
by the Water Department, and the applicant shall pay a connection
charge consisting of two separate fees: a service connection fee,
and a water tap installation fee.
[Amended 11-14-1972; 5-8-1979 by Ord. No. 79-4; 4-22-1980 by Ord. No. 80-3; 3-26-1985 by Ord. No.
85-4; 7-28-2015 by Ord. No. 15-12]
(1)
Service connection fee shall be as indicated in Chapter 73, Fees, and shall be computed in the following manner to represent a fair payment toward the cost of the system:
(a)
The amount representing all debt service, including but not limited
to sinking funds, reserve funds, the principal and interest on bonds,
and the amount of any loans and interest thereon, paid by the Town
of Clinton to defray the capital cost of developing the system as
of the end of the immediately preceding fiscal year of the Town shall
be added to all capital expenditures made by the Town not funded by
a bond ordinance or debt for the development of the system as of the
end of the immediately preceding fiscal year.
(b)
Any gifts, contributions or subsidies to the authority received from,
and not reimbursed or reimbursable to any federal, state, county or
municipal government or agency or any private person, and that portion
of amounts paid to the Town of Clinton by a public entity under a
fully executed water service agreement which is not repaid to the
public entity by the authority, shall then be subtracted.
(c)
The remainder shall be divided by the total number of service units
served by the Town of Clinton at the end of the immediately preceding
fiscal year of the Town, and the results shall then be apportioned
to each new connector according to the number of service units attributed
to that connector, to produce the connector's contribution to the
cost of the system. In attributing service units to each connector,
the estimated average daily flow of water for the connector shall
be divided by the average daily flow of water to the average single
family residence in the authority's district, to produce the number
of service units to be attributed.
(d)
The service connection fee shall be recomputed at the end of each fiscal year of the Town of Clinton, after a public hearing is held, and shall be indicated in Chapter 73, Fees. The revised connection fee shall be imposed upon those who subsequently connect in that fiscal year to the system.
(e)
The foregoing notwithstanding, the Town of Clinton shall not impose
any charges or fees in excess of the cost of water actually used for
any sprinkler system required to be installed in any residential health
care facility pursuant to the Health Care Facilities Planning Act,
P.L. 1971, c. 136 (C. 26:2H-1 et seq.) and regulations promulgated
thereunder or in any rooming or boarding house pursuant to the Rooming
and Boarding House Act of 1979, P.L. 1979, c. 496 (C. 55:13B-1 et
al.) and regulations promulgated thereunder.
(f)
Affordable housing.
[Added 4-23-2019 by Ord.
No. 19-04]
[1]
For the purposes of this section, "affordable housing unit"
shall mean a residential housing unit that is deed-restricted and
credited pursuant to N.J.A.C. 5:97-4[1] (or order of a court of competent jurisdiction) and subject
to the affordability controls set forth in N.J.A.C. 5:80-26.1.
[2]
Pursuant to N.J.S.A. 40:14B-22.3, as amended by P.L. 2005, c.
29, effective January 26, 2005, public housing authorities and nonprofit
organizations building affordable housing shall be allowed a 50% reduction
in the connection fee assessed hereunder for new connections to the
water system attributable to an affordable housing unit. Pursuant
to N.J.S.A. 40:14B-22.3a, as amended by P.L. 2018, c. 74, effective
August 10, 2018, the above-referenced 50% reduction shall apply to
any other affordable housing units, including affordable housing units
in inclusionary projects. This 50% reduction shall not apply to extraordinary
charges incurred for such connection, including but not limited to
infrastructure improvements required to serve the project or costs
and charges incurred in acquiring water allocation from a third-party
contractual user of the water system to serve the project.
[3]
For units previously connected to the water system that were
demolished or refurbished to allow for new affordable housing units
for which a connection fee was previously paid, public housing authorities
and nonprofit organizations and, effective for applications received
after August 10, 2018, other affordable housing, including affordable
housing units in inclusionary projects, shall be entitled to a credit
against the connection fee assessed hereunder equal to the connection
fee previously assessed and paid when the former units were previously
connected to the water system.
[4]
The connection fee assessable against a public housing authority or nonprofit organization and, effective for applications received on and after August 10, 2018, other affordable housing owners, for units previously connected to the water system that were demolished or refurbished to allow for new affordable housing units, shall be the lesser of the reduced rate provided for in Subsection G(1)(f)[3] above or the current connection fee applicable to market-rate units of the same type minus the credit provided under Subsection G(1)(f)[3] above, provided that the public housing authority, nonprofit organization, or other affordable housing owner can establish that a connection fee was previously assessed and paid for connecting to the water system. If the public housing authority, nonprofit organization, or other affordable housing owner cannot establish that a connection fee was previously assessed and paid for connecting to the water system, the reduced rate provided for in Subsection G(1)(f)[2] above (i.e., 50% of the regular connection fee) shall be assessed.
(2)
The
Mayor and Council shall have the right to modify or eliminate the
connection fee herein described if the Mayor and Council determine
and find that the applicant for the service connection has in the
course of his installation of improvements contributed to an increase
in the water reserve capacity of the Town, the amount of such modification
of service connection charge being in proportion to the value of the
increase of water reserve capacity. As herein used, "water reserve
capacity" shall constitute storage towers, pressure tanks or other
above- or below-ground reserve sources but shall not include transmission
lines or other lines designed for the conducting of water from place
to place.
(3)
Water
service tap installation fee.
(a)
Water service taps not exceeding two inches in diameter shall be installed by the Town of Clinton Water Department. The service tap installation fee shall be as indicated in Chapter 73, Fees.
(b)
Water service taps larger than two inches in diameter shall be performed
under the supervision of the Water Department Superintendent or his
agent. It shall be the owner’s or applicant’s responsibility
to hire a private contractor to perform the installation at the owner’s
or applicant’s expense.
[1]
Owner or applicant shall be responsible for reasonable inspection fees, and shall post with the Town of Clinton an initial inspection escrow in the amount set forth in Chapter 73, Fees. Owner or Applicant shall be advised of any anticipated shortage in escrow account of inspection fees, and shall post and pay such fees in escrow and as determined by the Water Department before any further inspection shall be conducted or final approval granted.
[2]
Where a road opening permit is required by local municipal ordinance,
owner or applicant shall be responsible to secure the road opening
permit.
H.
No water
service tap or user service line shall be installed unless it conforms
to specifications promulgated by the Water Department. A copy of such
specifications shall be kept on file with the Water Department and
shall be open to inspection by any person interested. The installation
shall be done by a plumber qualified to do plumbing work under municipal
regulations.
[Added 7-28-2015 by Ord.
No. 15-12]
I.
Type K
copper lines shall be used for all service lines from the meter to
the curb box if said lines do not exceed two inches in diameter. Larger
diameter service lines shall be Class 52 ductile pipe.
[Added 5-8-1979 byOrd.
No. 79-4; amended 7-28-2015 by Ord. No. 15-12]
J.
Any run
of copper water line two inches in diameter or less and less than
100 feet in length shall be one continuous run without couplings unless
otherwise approved, in writing, by the Public Works/Business Administrator.
[Added 9-11-1979 by Ord.
No. 79-9; amended 12-12-1995 by Ord. No. 95-16; 7-28-2015 by Ord. No. 15-12]
K.
The service connection fee and the water service tap installation fee shall be due and payable upon the filing of an application for a water connection permit with the Town of Clinton Water Department on such forms and subject to such information, documentation and data as may be required by the Water Department. Any extraordinary charges as defined in § 142-9 Extraordinary charges for service connections, and any extra inspection costs shall be due and payable prior to the water service being activated.
[Added 7-28-2015 by Ord.
No. 15-12]
A.
All existing and new services shall be metered in
accordance with a plan of installation of meters promulgated by the
Water Committee.
B.
The Water Department must designate or approve the
location and type of all meters. On all new construction, the meters
shall be installed in an underground pit, unless specifically deemed
not feasible by the Water Department; in such situations, the Water
Department must specifically approve the meter installation inside
the building; water services inside buildings shall have a break of
sufficient size to take care of the proper meter, three feet above
the finished floor and six inches from the wall on the house side
of the main shutoff, so that a meter may be installed. There shall
be no outlets on the street side of the meter.
[Amended 5-8-1979 by Ord.
No. 79-4; 7-28-2015 by Ord. No. 15-12]
C.
Meters
on all user service lines up to two inch diameter shall be provided
and installed by the Water Department. The owner shall provide at
his expense:
[Added 7-28-2015 by Ord.
No. 15-12]
(1)
An inlet and outlet shutoff valve.
(2)
Suitable provision for the meter to be horizontally
mounted, in an underground pit, or as approved by the Water Department.
(3)
A free, unobstructed space for the meter from the
floor to a point 24 inches above the top of the meter and at least
18 inches on each side thereof.
D.
All meters
must be protected from freezing; the area adjacent thereto must be
kept free of rubbish and obstructions, and all meters must be located
so as to be readily accessible for reading, testing, repair or removal
when required.
[Added 7-28-2015 by Ord.
No. 15-12[1]]
E.
The Water Department will install a remote readout
wherever feasible to a place designated by the Department.
F.
For all existing buildings, the owner of each property
now using water supplied by the Water Department and desiring to continue
the same and each applicant for new water service shall provide a
suitable place for the installation of the type of meter in common
use by the Water Department, with a readily accessible shutoff valve
between the meter and the main; if this is impossible and a special
outdoor meter is used, the owner shall pay the additional cost of
such special outdoor meter.
G.
When a meter is to be installed and the pipe or pipes
to which it is to be connected are in such poor condition that, the
opinion of the Superintendent of the Water Department, they may be
broken or damaged by the installation, the Superintendent shall serve
written notice on the owner to repair or replace the pipes within
30 days so that the meter may be safely installed. If such repair
or replacement is not completed within 30 days, the water service
may be discontinued.
H.
Property owners shall be held responsible for damages
done to meters from any cause whatsoever. Cost of repairs or replacement
shall be charged against and billed to the property owner.
I.
Should a consumer believe that the meter is not registering properly, the consumer shall file a complaint with the Department and the meter shall be removed and tested by the Department. If it is found to register against the consumer by more than 3% inaccuracy, there shall be no charge for removing, repairing and resetting the meter. If meter is found to register against the consumer but less than 3%, a minimum charge as indicated in Chapter 73, Fees, shall be made for the test. The Department shall have the right to make periodic tests of all meters at no cost to the consumer.
[Amended 7-28-2015 by Ord. No. 15-12]
J.
If a meter is out of order and fails to register,
the consumption shall be charged at the average consumption over the
previous year or as long as the meter has been installed if less than
a year.
K.
All meters over two inches shall be purchased and
installed by the property owner to the specifications of the Water
Department.
[Amended 3-12-1985 by Ord. No. 85-1; 7-28-2015 by Ord. No.
15-12]
L.
All meters over four inches must be tested for accuracy
every four years at the property owner's expense and certified to
the Water Department as to its accuracy.
[Added 3-12-1985 by Ord. No. 85-1; amended 7-28-2015 by Ord. No. 15-12]
M.
Readings on the inside water meter, unless broken
or proven inaccurate by a test, shall be taken as true and will be
billed as such. All water recorded on the meter will be charged to
the property owner.
[Added 3-12-1985 by Ord. No. 85-1]
A.
Where more than one property is serviced by one private
line from one curb box, the owners shall provide a curb box and shutoff
valve outside each building so that service to each property may be
cut off without disturbing the service to the other properties, and
the Water Department shall have the right at any time to enter the
properties to shut off and turn on the water.
B.
All water system components (including water meters
installed on user service lines) shall be operated only by the Superintendent
of the Water Department or his agent or by any other person having
written permission from the Superintendent to do so.
[Amended 7-28-2015 by Ord. No. 15-12]
C.
No rebate shall be allowed customers for temporary discontinuance of service unless the water is turned off and on by an agent of the Water Department upon written application to the Water Department office. A charge as provided in Chapter 73, Fees, shall be made for either turning off or turning on the water. The customer shall be held responsible for all charges accruing for water service until written notice has been given to the office of the Water Department to discontinue the supply.
[Amended 3-26-1985 by Ord. No. 85-4]
D.
Any owner or customer who vacates or sells property
which is connected to the supply of the Water Department without giving
written notice to the Water Department to discontinue service prior
to such vacancy or change shall be held responsible for all charges
accruing on the premises.
E.
As necessity may arise, in case of breakdown, emergency
or any other unavoidable cause, the Water Department shall have the
right to temporarily cut off the water supply to make necessary repairs,
connections, etc., but the Water Department shall use reasonable and
practicable measures to notify the consumer or discontinuance of service.
F.
The Water Department reserves the right without liability
to require discontinuance of use of water through outside faucets
or hose connections if the supply of water is inadequate or in case
of breaks, repairs or extensions to mains.
G.
Service may be discontinued by the Water Department
for any of the following reasons:
(1)
For the use of water for any other property or purpose
than that described in the application.
(2)
Under the flat-rate service, for addition to property
or fixtures, or increase without notice to the Water Department in
the use to be made of water supply.
(3)
For willful or careless waste of water through improper
or imperfect pipes, fixtures or otherwise.
(4)
For failure to maintain in good order connections,
service lines or fixtures owned or controlled by the applicant.
(5)
For tampering with or damaging any service pipe, meter,
curb stopcock, seal or any other appliance of the Water Department.
(6)
In case of vacancy of premises.
(7)
For nonpayment for water service or any other charges
accruing under the application.
(8)
For refusal of reasonable access to property for purposes
of inspection, installation or repair.
H.
When two or more parties take water through one service
pipe, the provision in regard to the cutting off of the supply pipe
shall be applicable to all parties although one or more of them may
be innocent of any cause of offense.
I.
Service shall be renewed under a proper application
when conditions under which service was discontinued are corrected
and upon the payment of all proper charges due from the customer as
provided in the schedule of rates or tariffs of the Water Department.
[Amended 3-22-1983 by Ord. No. 83-3; 3-24-2009 by Ord. No. 09-01]
The annual rentals or charges hereby fixed and
officially established by the Town of Clinton as the rates or rentals
to be charged to all customers of the water system, both private and
municipal, shall be those rates set forth in the most recent tariff
adopted by ordinance and filed with the Board of Public Utilities.
A copy of the most recent tariff shall be kept on file and available
for inspection by the Town Clerk.
A.
Water rents under a flat-rate contract shall be due
and payable quarterly in advance on the first days of January, April,
July and October of each year.
B.
Water rents under metered service shall be due and
payable quarterly within 10 days after bills are mailed for the same.
C.
If a bill remains unpaid for a period of over 30 days
after mailing or presentation, notice shall be served or mailed that
unless the bill is paid within 20 days from the date of notice, the
water supply will be turned off and remain off until the amount owing
is paid in full or until satisfactory arrangement for payment has
been made, plus $20 on/off charge.
[Amended 3-12-1985 by Ord. No. 85-1]
A.
Customers supplied with water under a flat-rate contract
shall not be permitted to use the water for any other purpose than
stated in the application or agreement, nor to supply water in any
way to any other person, house or premises without a written permit
from the Water Department. No additions, alterations or extensions
shall be made or caused to be made in any water pipes or fixtures
without giving notice of such proposed additions or alterations, and
the rate charged shall be prorated from the date on which the additions
and extensions are made.
B.
The use of water for power purposes is prohibited
except by meter service.
C.
All connections shall meet the standards as approved
by the New Jersey Department of Health as relating to connections
and cross-connections.
D.
No person except the Public Works/Business Administrator
or other authorized person shall take water from any public fire hydrant
or hose plug, except for the use of the Fire Department in case of
fire or for drills; and no public fire hydrant shall be used for sprinkling
streets, flushing sewers or gutters or for any other than fire purposes
except with the approval of the Water Department.
[Amended 12-12-1995 by Ord. No. 95-16]
E.
The Water Department reserves the right to make changes
from time to time in its rates, rules and regulations.
F.
All persons using water shall keep the user service
lines and fixtures within their premises, in good repair and shall
protect the same from frost at their own expense. If the owner of
any premises neglects or refuses to repair a leak within 24 hours
after the receipt of notice from the Water Department directing the
repairs, the water supply for such premises shall be shut off at the
main or at the curb, and service shall not be resumed for the premises
until after all repairs ordered have been made and expenses incurred
by the Water Department have been paid to it.
[Amended 7-28-2015 by Ord. No. 15-12]
G.
Owners of premises shall be held responsible for the
cost of water consumed by the tenants, and unpaid water rents shall
become a lien on the property.
H.
All user service lines shall be repaired and maintained
by and at the expense of the property owner. Where it becomes necessary
for the property owner to repair a user service line, only such user
service lines as in the opinion of the Superintendent are in a sufficiently
good condition to warrant these repairs shall be allowed to remain
in the ground. All other user service lines shall be replaced with
a new line. Whenever user service lines are replaced or repaired,
any trench shall be left open for inspection and approved by the Water
Department.
[Amended 7-28-2015 by Ord. No. 15-12]
[Added 12-11-1973]
A.
All water main line extensions shall be made at the
expense of the applicant therefor, except as hereinafter set forth,
after determination by the Mayor and Council that the Water Department
has adequate distribution capacity and pressure to service the same
and that the same can be accomplished in accordance with the Master
Water Plan design for future expansion and, otherwise, that the same
is in the best interests of the existing customers of the Water Department.
The applicant shall submit five copies of a water utility plan, plus
a review fee of $500 to the Water Department for said waterline extension.
After approval by the Water Department, the terms and conditions of
such extension as agreed upon shall be formalized in a written agreement
between the applicant and the Town. The applicant shall be responsible
for the costs of all engineering and legal fees incurred by the Town
to review the water utility plan and prepare the written agreement.
In the event that the engineering and legal costs are less than the
review fee, the balance shall be returned to the applicant.
[Amended 3-12-1985 by Ord. No. 85-1]
B.
No water main line extension agreement shall provide for any refund to the installer thereof for all or any part of the cost thereof based upon taps thereto or usage therefrom, and no contribution to the cost thereof shall be made by the Town except as provided in § 142-1C and except as provided by the following:
(1)
Where the water main line extension shall provide
for lines in excess of eight inches in diameter or shall provide for
unusual facilities appurtenant thereto, and where the same is a part
of the master water plan design for future expansion or otherwise
uniquely contributes to the distribution network of the Water Department,
and where estimated net revenues in excess of normal Water Department
operating costs applicable thereto from new customers utilizing such
extension or unusual facilities appurtenant thereto shall, within
a period of time deemed by the Mayor and Council to be reasonable,
result in full or substantial reimbursement to the Town for its proposed
contribution thereto, and where the Mayor and Council in its sole
discretion deems the proposed contribution within the financial capability
of the Water Department to pay and otherwise to be a prudent and reasonable
exercise of business judgment in the conducting of the business affairs
of the Water Department, then and in that event the Mayor and Council
shall have the right, in its sole discretion, by resolution setting
forth its findings in compliance with this subsection, to reimburse,
contribute to or otherwise allow to the applicant by reduction of
tap-in charge per house, or otherwise, all or part of such costs of
the water main line extension applicable to such cost in excess of
an eight-inch-diameter pipeline or unusual facilities appurtenant
thereto.
(2)
Nothing herein contained is intended to limit the
right of the Town to make water main line extensions as a local improvement
and assess the costs thereof against properties benefited thereby
in accordance with N.J.S.A. 40:56-1 et seq., where the application
of such method of improvement shall be deemed fair, equitable and
impartial as among all persons similarly circumstanced.
(3)
Nothing herein contained is intended to limit the
right of the Town to make water main line extensions, with the cost
thereof to be allocated or paid in whole or in part by a method other
than as otherwise set forth in this subsection based upon supervening
public interest, or to modify an established pattern of allocating
the cost of water main line extensions where altered circumstances
reasonably so dictate.
[1]
Editor’s Note: Former § 142-8, added 5-8-1979 by
Ord. No. 79-4, as amended, was repealed 7-28-2015 by Ord. No. 15-12.
[Added 5-8-1979 by Ord. No. 79-4; amended 12-12-1995 by Ord. No. 95-16; 7-28-2015 by Ord. No. 15-12]
In addition to any other charges herein described
for a tap for any service connection to any water main, the applicant
shall pay to the Town any extraordinary costs incurred by the Town
in said connection, including, by way of example and not by way of
limitation, excavations in excess of eight feet in depth, where rock
excavation is encountered, where water tap runs in excess of 40 feet,
where a road opening permit is required under the local municipal
ordinance, and where open cut of roadway is not permitted. The Public
Works/Business Administrator shall certify to the applicant said extraordinary
costs when the same has been fully determined, and the same shall
be due and prior to the water being turned on. Any applicant objecting
to the calculation of said extraordinary costs shall have the right
to appeal the imposition thereof by written notice to the Mayor and
Council of the Town within 30 days of receipt of said notice, and
the Mayor and Council shall within 30 days conduct a hearing thereon
and certify to the applicant the amount of such charges, which determination
shall be binding on applicant.
[Added 9-8-1987 by Ord. No. 87-16]
A.
All permanent lawn sprinkler or irrigation systems
shall be equipped with approved vacuum breaker and check valve to
protect the public water supply from contamination.
B.
Lawn sprinkler or irrigation systems capable of using
in excess of 10 gallons of water per minute collectively are subject
to the following:
(1)
Water service to all such systems shall be limited
to the hours between 11:00 p.m. and 6:00 a.m. unless otherwise authorized
by the Town of Clinton Water Department for reasons such as installation
of new lawns, sod, shrubs or such other reasons as, in the opinion
of the Clinton Water Department, justify variation from these hours.
(2)
In order to preserve the ability of the water system
to deliver adequate water at sufficient pressure, the Town of Clinton
Water Department reserves the right to restrict the total number of
sprinkler heads to be used in any lawn sprinkler or irrigation system,
to limit or alter the hours during which sprinkler or irrigation systems
may operate or to prohibit entirely lawn sprinkling and irrigation
systems in times of drought or other water emergency.
(3)
Any emergency drought restrictions, whether imposed
by the Town or the State of New Jersey, shall supersede the terms
of this section.
(4)
The Town of Clinton Water Department shall have the
right to discontinue service to any customer on the failure of the
customer to comply with the terms of this section.
A.
Applicability. Any applicant, with the consent of the property owner,
within the service area of the Town of Clinton water system, may apply
to the Town of Clinton Water Department for water reservation. An
application for water reservation is required for any proposed project
that will require the construction of a new water main extension for
the service or any project that will generate an increase in demand,
as determined in accordance with N.J.A.C. 7:10-12. If necessary, the
applicant shall be responsible to extend the Town's water main
to the property and to construct other water system improvements as
may be necessary to reliably serve the proposed development in accordance
with the Town's standards and any applicable water service agreement
and any reasonable standards established by the Water Department's
consulting engineer.
B.
LARGE WATER PROJECT
LETTER OF WATER AVAILABILITY
SMALL WATER PROJECT
TOWN OF CLINTON WATER SYSTEM SERVICE AREA
WATER COMMITTEE
WATER RESERVATION
WATER SYSTEM CONNECTION
WILL SERVE LETTERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any project not fitting the definition of a "small water
project" for which the water reservation requested is 1,000 gallons
per day or greater or requires water system extension permits from
the New Jersey Department of Environmental Protection.
The letter published by the Town of Clinton Water Department
which defines the amount of water available at the time of publication
of the letter. Developers are advised that such letter of water availability
is subject to the progress and volume of water reservation applications
by other applicants as well as the variable nature of existing system
demands and that they pursue their land use development and regulatory
approvals needed to secure eligibility for water reservation application
at their own risk. The Town cannot and does not guarantee that the
quantities of water set forth in the letter of water availability
will exist in the future but will make its best efforts to produce
those quantities subject to regulation and oversight by the New Jersey
Department of Environment Protection (DEP), regulations of the New
Jersey Highland Council, water availability and other factors.
Any project for which the water reservation amount requested
is less than 1,000 gallons per day.
Shall be depicted on the water service area map maintained
and periodically updated by the Town of Clinton Water Department,
showing all existing properties served, limits of existing water distribution
system infrastructure, and surrounded by a service area boundary.
Shall refer to three members of the governing body appointed
by the Mayor whose responsibility shall be the supervision, management
and control of the Clinton Water Department. Any decision of the Water
Committee is subject to the review and approval of the Mayor and Council
of the Town of Clinton.
The binding commitment of the Clinton Water Department to
provide potable water service in sufficient quality and quantity to
a proposed project in accordance with applicable water system regulations
and standards. Project-specific conditions may require the formulation
and execution of a project-specific agreement addressing water supply
and infrastructure improvements beyond that established by the water
reservation ("water agreements"). A water reservation is valid for
one year and can be renewed in accordance with the review and renewal
procedures set forth herein.
Physical connection to the Town of Clinton water system,
which includes payment of connection fee, installation of water meter(s),
and any other improvements required by the Water Department.
The ability for the Clinton Water Department to provide a
nonbinding, written confirmation of water availability for a particular
project located within the Clinton Water Department's service
area. Said approval will only be provided if there is currently adequate
capacity in the Town's water supply systems based on a firm capacity
calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a), using
a peak daily demand as defined herein and prescribed under N.J.A.C.
7:10-11.4(a)(7), as well as sufficient water allocation established
by the NJDEP in its water allocation permits issued to the Town of
Clinton Water Department. The receipt of a will serve letter by an
applicant does not preclude an applicant from applying for water reservation
as indicated above.
C.
Application. The application for water reservation shall be on the
forms prescribed by the Water Department, which shall include but
not be limited to the following:
(1)
The name and address of the applicant;
(2)
The address of the property and the tax lot and block designation;
(3)
A description of the existing use of the property;
(4)
A description of the proposed use of the property and/or the type
of building(s) to be constructed thereon, such as multifamily residential
use, mixed use or commercial;
(5)
An approved preliminary and/or final subdivision plan, site plan
and/or any necessary variance approval, general development plan,
zoning permit or redevelopment plan of the proposed project indicating
the number of proposed lots and the proposed uses on each lot;
(6)
If the proposed use is an inclusionary residential development that is included in the municipality's Affordable Housing Element and Fair Share Plan, in lieu of the information requested in Subsection C(5) above, a copy of the municipality's court-approved Affordable Housing Element and Fair Share Plan and final judgment of compliance and repose as it relates to affordable housing projects;
(7)
An estimate of the average daily water usage required by the proposed
use of the property. The applicant must provide detailed water demand
calculations in accordance with R.S.I.S., N.J.A.C. 5:21, and N.J.A.C.
7:12;
(8)
An estimate of the dates of anticipated water service connection
and water meter installation to the Town's water system;
(9)
An agreement by the applicant to abide by and accept all of the provisions
of this chapter and such rules and regulations as may be promulgated
by the Town; and
(10)
Any additional information as may be required by the Water Department
or its consulting engineer to assist in the processing of said application.
D.
Application priority.
(1)
Upon submission, water reservation applications will be assigned a water reservation number and forwarded for review based upon the order in which they were received by the Water Department Clerk. The priority in terms of allocating capacity shall be based upon the order in which water reservation applications are deemed complete. Affordable housing projects, if their application for water reservation is deemed complete, shall have their water immediately reserved so long as the other conditions in this section have been met. In the event a municipality has its judgment of compliance and repose rescinded, all applicants that relied on such judgment and corresponding Affordable Housing Element and Fair Share Plan to obtain their water reservation shall relinquish their rights to their approved water reservation as of the date such judgment was rescinded without a refund for any fees paid, and said allocation will be available for future applicants. Water reservation awarding to affordable housing projects hereunder shall expire in the manner as provided for under Subsection E.
(2)
Unless explicitly listed in this section or required by state or
federal law, no other factors shall determine the priority of a water
reservation.
(3)
Applicants must apply for the entire water reservation required for
the proposed development project or phase of the development project,
if permitted by the applicant site plan approval. If there is inadequate
capacity available to support a development project, an applicant
cannot be granted a partial water reservation and such application
will be denied.
E.
Time limit.
(1)
From the date of issue, an approved water reservation shall be valid for a period of one year. The water reservation shall be void unless a physical water service connection is completed within the appropriate period. The water reservation may be renewed for two one-year periods (i.e., with extensions, a water reservation may be valid for up to three years). The applicant must apply to the Water Committee for any such extensions, in writing, and such application shall be accompanied by the appropriate application fee pursuant to Chapter 73. In order to be entitled to an extension of their water reservation, applicants must conform to the conditions of their applicable land use approvals, obtain regulatory approvals, and document the efforts taken to advance the proposed project. Specifically, in order to extend the validity of a water reservation, the applicant must provide proof of sewer allocation from the appropriate entity or provide proof that a complete application has been made to NJDEP for the construction of an on-site sewage disposal system. To extend the validity period of the approved water reservation, developers must establish that they have acted diligently and taken all reasonable steps to advance the development of the proposed project. They must demonstrate they have diligently pursued any required land use approvals, secured or diligently pursued any other necessary approvals from other agencies, and acquired all necessary rights-of-way or easements. Developers may be required to show evidence they have met these goals to preserve their water reservation.
(2)
The water reservation may be renewed for longer periods beyond the
above three-year period at the discretion of the Water Committee to
coincide with the expiration date of or an extension granted for a
permit issued by NJDEP to construct/modify/operate public waterworks
facilities relating to the subject project. The applicant must apply
to the Water Committee for any such extensions in writing.
(3)
Specifically, with regard to affordable housing projects, in order
to be entitled to an extension of the one-year period of validity,
the applicant must apply for the required site plan approval from
the applicable municipal board.
(4)
In the event that the water service connection is not completed within
the period set forth above, the water reservation shall expire if
not renewed, and any portion of the water reservation for which connections
have not been made will revert to the Town for use in addressing other
water reservation applications.
(5)
An applicant must wait a minimum of one year after a water reservation
has expired to apply for a new water reservation for a particular
property.
F.
Quarterly water reservation fee. A quarterly water reservation fee
in the amount of 25% of the prevailing estimated water usage charge
shall be paid to the Town throughout the duration of the water reservation
time period. For affordable housing projects, this amount is reduced
to 12.5% of the prevailing estimated water usage charge. This amount
will be billed on a quarterly basis, and payment and penalty terms
and conditions of the prevailing rate structure shall apply. This
reservation fee shall be effective for applications that are set to
expire on or after September 9, 2020. Nonpayment of the quarterly
water reservation fee will result in termination of the water reservation.
G.
Transfer of water reservations. Transfer of an approved water reservation
is prohibited, with the exception of affordable housing projects located
within the same municipality, provided that all interested parties
consent. A water reservation within the Town's water supply system
shall not be traded, sold or otherwise reallocated by an applicant,
unless the property identified in the water reservation is sold to
a new owner, in which case the water reservation will run with the
land to the extent necessary to affect the intent of the water reservation.
Water reservations for any project on specific parcels of land shall
not be assignable to any other project. In the event that a project
is abandoned or the construction of the same does not utilize the
entire water reservation granted to it, the unused allocation shall
revert to the Town and shall become available for water reservation
in accordance with the procedures set forth in this subsection. Should
the scope of a project change and additional water allocation be required,
the incremental increase in allocation requested shall be treated
as a new water reservation application.
H.
Small project water reservation applications.
(1)
Application fee. An application fee, as provided in Chapter 73, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the administrative costs associated with the review of the application.
(2)
Application review. Applications for water reservation as defined
above shall be reviewed by the Water Superintendent and/or water engineer,
who in turn will provide a recommendation to the Water Committee.
A water reservation shall be issued, provided that a determination
is made that there is currently adequate capacity in the Town's
water supply systems based on a firm capacity calculation as defined
by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as
defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well
as sufficient water allocation established by the NJDEP in its water
allocation permits issued to the Town of Clinton Water Department.
(3)
Application determination. The Water Committee shall approve or deny
the application within 30 business days of receipt of a complete application.
The Town reserves the right to extend the time for the rendering of
the aforesaid decision for a period not to exceed five business days
if additional time is required for processing said application. The
failure of the Town to render a decision within the aforesaid time
period shall constitute a denial of the application without prejudice.
(4)
Monthly report. The Water Superintendent will prepare and submit
a monthly report to the Water Department indicating the number and
total estimated usage of approved small project water reservation
applications.
(5)
Time limit. The expiration provisions applicable to large water projects
shall apply to small water projects.
(6)
Quarterly reservation fee. Applicants for small water projects shall
not be required to pay a quarterly reservation fee.
I.
Requests for will serve letters for small projects.
(1)
Request fee. A will serve letter request fee, as provided in Chapter 73, of $100 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
(2)
Request review. Requests for will serve letters as defined above
shall be reviewed by the Water Superintendent and/or water engineer,
who in turn will provide a recommendation to the Water Committee.
A will serve letter shall be issued, provided that a determination
is made that there is currently adequate capacity in the Town's
water supply systems based on a firm capacity calculation as defined
by the NJDEP in N.J.A.C. 7:10-11.6(a), using a peak daily demand as
defined herein and prescribed under N.J.A.C. 7:10-11.4(a)(7), as well
as sufficient water allocation established by the NJDEP in its water
allocation permits issued to the Town of Clinton Water Department.
(3)
Review determination. The Water Committee shall approve or deny the
request within 30 business days of receipt of a complete application.
The Town reserves the right to extend the time for the rendering of
the aforesaid decision for a period not to exceed five business days
if additional time is required for processing said application. The
failure of the Town to render a decision within the aforesaid time
period shall constitute a denial of the request without prejudice.
(4)
Expiration of will serve letter.
(a)
All will serve letters will expire 90 days after the date of
issuance by the Clinton Water Department. Upon expiration, the applicant
relinquishes its rights to its approved will serve, and said allocation
will be available for future applicants.
(b)
Upon written request by the applicant prior to the aforementioned
expiration date, applicants can request said approval be extended.
Applicants will be eligible for no more than three additional ninety-day
extensions should they be requested. Under no circumstances will an
applicant be granted additional extensions other than what is previously
indicated above. Upon expiration of the requested extension(s), the
applicant relinquishes its rights to its approved will serve, and
said allocation will be available for future applicants.
(5)
Extension request fee. A will serve letter extension request fee, as provided in Chapter 73, of $50 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
J.
Large project water reservation applications.
(1)
Application fee. An application fee, as provided in Chapter 73, of $1,500 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the administrative and professional consulting costs associated with the review of the application.
(2)
Application review. Applications for water reservation for large
projects shall require the approval of the Water Committee. The Water
Committee's consulting engineer shall prepare and submit a report
to the Water Committee concerning the nature of the allocation, the
status of any required NJDEP applications, an evaluation of any required
system improvements necessary to serve the project as well as an updated
analysis of the water system's firm capacity and peak daily demand.
Specifically, the water consulting engineer shall evaluate the application
against the water utility's available firm capacity and allocation
limits as prescribed by regulations found at N.J.A.C. 7:10 and N.J.A.C.
7:19. The report shall also address technical details of the proposed
project's service connection and water-related improvements,
including but not limited to materials, equipment, regulations, easements,
metering, etc. Applications will be recommended for approval when
no physical, technical, financial or regulatory constraints prevent
service to the proposed project.
(3)
Application determination.
(a)
The Water Committee shall approve or deny the application by
resolution within 60 days of receipt of a complete application. The
Water Committee reserves the right to extend the time for the rendering
of the aforesaid decision for a period not to exceed 30 days if additional
time is required for processing said application. The failure of the
Town to render a decision within the aforesaid time period shall constitute
a denial of the application without prejudice.
(b)
If an application is approved by the Water Committee, a formal
resolution will be prepared by the Municipal Attorney authorizing
the water reservation to the applicant. The resolution may contain
such terms and conditions as are reasonably necessary to guarantee
compliance with all federal, state, county and local statutes, rules,
and regulations. In addition, the applicant may be required to enter
into a developer's agreement with the Water Committee, Town and
Water Department, if necessary as identified in the Water Department
consulting engineer's review.
K.
Requests for will serve letters for large projects.
(1)
Request fee. A will serve letter request fee, as provided in Chapter 73, of $250 shall be submitted upon the filing of the application. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
(2)
Request review. Requests for will serve letters as defined above
shall be reviewed by the water engineer, who in turn will provide
a recommendation to the Water Committee. A will serve letter shall
be issued, provided that a determination is made that there is currently
adequate capacity in the Town's water supply systems based on
a firm capacity calculation as defined by the NJDEP in N.J.A.C. 7:10-11.6(a),
using a peak daily demand as defined herein and prescribed under N.J.A.C.
7:10-11.4(a)(7), as well as sufficient water allocation established
by the NJDEP in its water allocation permits issued to the Town of
Clinton Water Department.
(3)
Review determination. The Water Committee shall approve or deny the
request within 60 business days of receipt of a request. The Town
reserves the right to extend the time for the rendering of the aforesaid
decision for a period not to exceed 30 business days if additional
time is required for processing said application. The failure of the
Town to render a decision within the aforesaid time period shall constitute
a denial of the request without prejudice.
(4)
Expiration of will serve letter.
(a)
All will serve letters will expire 90 days after the date of
issuance by the Clinton Water Department. Upon expiration, the applicant
relinquishes its rights to its approved will serve, and said allocation
will be available for future applicants.
(b)
Upon written request by the applicant prior to the aforementioned
expiration date, applicants can request said approval be extended.
Applicants will be eligible for no more than three additional ninety-day
extensions should they be requested. Under no circumstances will an
applicant be granted additional extensions other than what is previously
indicated above. Upon expiration of the requested extension(s), the
applicant relinquishes its rights to its approved will serve, and
said allocation will be available for future applicants.
(5)
Extension request fee. A will serve letter extension request fee, as provided in Chapter 73, of $125 (per occurrence) shall be submitted upon the filing of the extension request. Said fee shall be used by the Town to cover the professional and administrative costs associated with the review of the request.
[1]
Editor's Note: This ordinance also stated that upon its adoption,
"any and all outstanding commitments to serve development proposals
which have not connected at the time of adoption, regardless of the
form of commitment (in the form of 'will serve' letter, oral or agreement,
or other unofficial commitment), are hereby rescinded. These applicants,
however, will have the opportunity and obligation to apply for water
reservation, as described in this section. Water reservations created
in existing water agreements between the Town and a developer shall
remain in effect."
