A.Â
There shall be a Department of Public Works, the head
of which shall be the Director of Public Works. The Department of
Public Works shall consist of the following divisions:
[Amended 12-18-2009 by Ord. No. 2009-46]
B.Â
The Mayor, Business Administrator or other appropriate
official may appoint staff to any position within the various divisions
as necessary and as provided by law. Under the direction of the Mayor,
Business Administrator or other appropriate official, the same individual
may hold multiple titles if qualified under the law to hold said titles.
In addition, the Mayor, Business Administrator or other appropriate
official shall have authority to appoint a designee to act in place
of another official or supervisor, in case a vacancy should occur,
provided that said designee is qualified under the law to hold said
title(s).
There shall be within the Department of Public
Works a Division of Streets and Roads, the head of which shall be
Superintendent of Streets and Roads. Under the direction and supervision
of the Superintendent, the Division shall:
A.Â
Maintain and repair the streets, roads, culverts and
drainage systems of the Township, and construct and reconstruct such
streets, roads, culverts and drainage systems as may be authorized.
B.Â
Maintain and repair the traffic and safety signs,
signals and other markings of the Township as may be authorized.
C.Â
Provide for the cleaning of streets and the removal
of leaves as required.
D.Â
Maintain, repair and clean the Township's storm sewers,
lines and mains.
E.Â
Perform such other related services as required and
authorized by the Director.
There shall be within the Department of Public
Works a Division of Buildings and Grounds, the head of which shall
be the Superintendent of Buildings and Grounds. Under the supervision
and direction of the Superintendent, the Division shall:
A.Â
Provide, maintain and repair Township buildings.
B.Â
Provide, maintain and repair Township grounds, including
playgrounds, playing fields and public parks.
C.Â
Prepare plans and specifications related to Township
buildings and grounds as required.
D.Â
Supervise work performed pursuant to public contract
on Township buildings and grounds.
E.Â
Oversee the Township recycling program.
F.Â
Perform such other related services as required and
authorized by the Director.
There shall be within the Department of Public
Works a Division of Vehicle Maintenance, the head of which shall be
the Superintendent of Vehicle Maintenance. Under the supervision and
direction of the Superintendent, the Division shall:
[Added 12-18-2009 by Ord. No. 2009-46]
A.Â
Creation of division of water utility.
(1)Â
Establishment; control. There shall be within the Department of Public
Works a Division of Water Utility (the "Division"). The head of the
Division shall be the Superintendent of Water Utility. Under the direction
and supervision of the Superintendent, the Division shall have the
duties and responsibilities set forth herein.
(2)Â
Purpose. The purpose of the Division of Water Utility shall be to
acquire, construct, maintain, operate or improve facilities for the
accumulation, supply or distribution of water and to provide for the
financing of these facilities as authorized by N.J.S.A. 40A:31-1 et
seq.
B.Â
Division of Water Utility; scope. It is the purpose of this section
to empower the Township of Marlboro, through the Division of Water
Utility, to perform all such reasonable and necessary functions in
connection with providing water supply as afforded to the Township
by the provisions of N.J.S.A. 40A:31-1 et seq., without limitation,
and the collection of fees therefor. The provisions of this section
are subject to the ability of the Township to provide water service
to the extent permitted by law, and in accordance with the terms and
conditions of any existing contracts which are legally binding upon
the Township. The Division of Water Utility shall serve the area shown
on the Map of the Marlboro Township Municipal Utilities Authority
which is on file in the office of the Township Clerk.
C.Â
CONNECTION FEE
CUSTOMER
DIRECTOR
SUPERINTENDENT
WATER SYSTEM
WATER UTILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning and purpose provided by N.J.S.A. 40A:31-11.
The party contracting for water service and/or any owner,
agent or occupant responsible for the payment of the fees specified
herein.
The Director of the Department of Public Works.
The duly appointed head of the Division of Water Utility.
The plants, structures or other real and personal property
acquired, constructed or operated, or to be financed, acquired, constructed
or operated, or any parts thereof, including reservoirs, basins, dams,
canals, aqueducts, standpipes, conduits, pipelines, mains, pumping
stations, water distribution systems, compensating reservoirs, waterworks,
or sources of water supply, well, purification or filtration plants,
or other plants or works, connections, rights of flowage or diversion,
and other plants, structures, boats, conveyances and other real and
personal property, or rights therein, and appurtenances necessary
or useful for the accumulation, supply or distribution of water.
The water utility of the Township, operated by the Division
acting pursuant to the direction of the Township through its elected
and appointed officials, and performing all functions pertaining to
the collection, storage and distribution of an adequate water supply
heretofore performed by the MTMUA, and as may hereafter be necessary
in connection with any additional facilities hereafter constituting
part of the Township's water system.
D.Â
Authorization to adopt rules and procedures. The Director is empowered
to adopt rules and regulations proper and necessary to enable the
Division to perform the purposes enumerated herein. These rules and
regulations shall be placed on file in the office of the Township
Clerk.
E.Â
Transition period. There is hereby established a transition period
of 120 days' duration, during which time the Director shall assume
the operation of the Water Utility functions heretofore carried out
by the Marlboro Township Municipal Utilities Authority. During such
transition time, which may be extended by resolution of the Township
for such reasonable time as it deems proper and just, the Director
shall utilize the Marlboro Township Municipal Utilities Authority
Rules and Regulations, revised February 1987, which are on file in
the office of the Township Clerk, until such time as rules, regulations
and procedures are adopted by the Director and placed on file in the
Office of the Township Clerk.
F.Â
Reservation of powers. To the extent not specifically set forth herein,
the Township Council of the Township of Marlboro specifically reserves
unto itself all those certain powers, rights and responsibilities
as set forth at length in N.J.S.A. 40A:31-1 et seq. which provisions
may be deemed by the Township necessary for the operation of the Water
Utility.
G.Â
Right of access. The Township, through the Division or otherwise,
shall have a right of access to any customer's premises and to all
equipment and property of the Township at reasonable times for the
purpose of reading meters, inspecting, repairing or replacing equipment
used in connection with the supplying of water, or for the removal
of equipment or property. The customer shall obtain for the Township
all necessary permission from tenants or others for access to equipment
or property. Customers shall not permit access to meters or other
Township property except by authorized employees of the Township or
other authorized state or local inspectors.
H.Â
Violations and penalties. Any person, firm or corporation violating the provisions of this section or any succeeding ordinances or resolutions pertaining to the subject matter of this section which might be enacted or adopted shall be punished in accordance with the fines and penalties established by § 4-3 of the Code of Marlboro Township. Further, any party found guilty of unauthorized connection to and/or theft of water from the water system shall be subject to a minimum fine of $500 and be responsible for repayment of the cost of water used which shall be based upon the estimated water usage as determined by the Director.
[Amended 2-25-2016 by Ord. No. 2016-4; 3-4-2021 by Ord. No. 2021-3]
I.Â
Collection of all charges; interest. All connection, user, and other
fees and charges set forth in this section shall draw the same interest
from the time that they became due as taxes upon real estate in the
Township and shall be a lien upon the premises connected until paid.
The Township shall have the same remedies for the collection thereof,
with interest, cost and penalties as it has for the collection of
taxes upon real property.
J.Â
Bond required; work to be guarded; restoration of disturbed public
property. Each contractor or other person performing work on Township
public property for the purpose of installing water connections shall
post a bond acceptable to the Township. All work shall be adequately
guarded with barricades, lights and other measures for protection
of the public from hazard. Streets, sidewalks, curbs and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Township.
K.Â
Permits required for connection to water supply. No person shall
uncover, make any connection with or opening into, use, alter or disturb
any part of the water system without first obtaining a written permit
for same.
L.Â
Application for water service.
[Amended 3-4-2021 by Ord. No. 2021-3]
(1)Â
Water service connections shall be made upon written application
to the Division on forms furnished by the Division and signed by the
owner of the property or by a duly authorized agent.
(2)Â
No application for service will be accepted for installation between
December 15 and April 15, unless the property owner agrees to pay
the additional cost that may be incurred because of adverse weather
conditions during this period.
(3)Â
All inspection fees for the connection into the water system shall
be paid by the applicant pursuant to the rate schedule in place at
the time of the application.
(4)Â
The fee for connection to the water system shall be calculated by the Division as of the date a physical connection to the water system is made and a water meter is installed, pursuant to Schedule A at Subsection T(2).
M.Â
Approval of application. Approval of an application for a water connection
can only be made if it has been determined that a water main approved
by the Township exists in front of the applicant's property or in
the public right-of-way. The main shall extend the length of the applicant's
property and if it does not so extend it shall be extended at the
applicant's expense in accordance with Township specifications.
N.Â
Tampering with water utility. No person or persons shall in any manner,
without permission, connect or disconnect or tamper or interfere with
the water system of the Township. All costs to repair or replace a
damaged or missing water meter or related equipment due to tampering
and/or neglect will be the responsibility of the property owner.
[Amended 12-15-2022 by Ord. No. 2022-012]
O.Â
Refusal to connect; inadequate water service.
(1)Â
The Department may refuse to connect to any customer's piping system
or to supply water services to a system if said system has not been
designed or installed in accordance with the applicable regulations
or if any parts of the piping system have not been installed at sufficient
depth to prevent freezing.
(2)Â
The Township shall not be responsible for any inadequacy of water
service should the customer make alterations, changes or additions
to an existing system without notifying the Division in advance of
any proposed alterations, changes or additions. In case of defective
service, the customer shall not interfere with meters or other property
of the Township, but shall immediately notify the Division.
P.Â
Complaints. Complaints concerning the character of the service furnished
or the reading of meters or bills rendered shall be made to the Division
in writing. A record of all such written complaints will be maintained
by the Division to show the names and addresses of the complainants,
dates and nature of the complaints and the action taken thereon.
Q.Â
Water Utility Fund. All future revenue and the accounting therefor
from the water utility shall be on a dedicated utility basis in conformance
with the provisions of N.J.S.A. 40A:4-33, 40A:4-34 and 40A:4-35. All
monies derived from the operation of said water utility and any other
monies applicable to its support shall be segregated and kept in a
separate fund which shall be known as the "Water Utility Fund." All
disbursements for the operation and maintenance of the water utility
shall be taken from the Water Utility Fund.
R.Â
Budget. The dedicated budget of the water utility shall include appropriations
for operating expenses, capital improvements, debt service and for
the portion of all other deferred charges and statutory expenses as
may be required or allowed.
S.Â
Broken lines. The Division shall provide written notice to a customer
of the existence of a broken service line and the customer shall repair
same no later than 10 days from service of the written notice of the
existence of a broken service line. Nothing herein shall prevent the
Division from undertaking any action required to preserve public health,
safety and welfare in the event that the broken service line is a
danger to public health, safety and welfare.
T.Â
Water customer charges.
(1)Â
The customer charges established by the MTMUA shall continue in full
force and effect until such time as the Township Council establishes
a new schedule of charges and fees for water and incidental services.
The customer charges established by the MTMUA are on file in the office
of the Township Clerk and bear an effective date of December 1, 2008,
as to water rates, and an effective date of July 2, 2009, as to connection/tapping
and meter fees.
(2)Â
The Township Council shall, from time to time, establish a schedule of charges and fees for water and incidental services to be provided by the water utility. The schedule of charges shall be affixed. Schedule A, Water Service Rates and Fees, includes all fees to be charged to all customers of the water utility.
[Amended 3-4-2021 by Ord. No. 2021-3; 12-16-2021 by Ord. No. 2021-23; 12-15-2022 by Ord. No. 2022-012]
|
SCHEDULE A
Water Service Rates and Fees
| |||
|---|---|---|---|
|
Specific Provision
|
Code Location
|
Type of Fee, Charge or Rate
|
Fee
|
|
Water service. Schedule A(1). Single-family residential. Basic quarterly service charge, per meter
|
4-88.1 T 2 A 1.1
|
Division of Water Utility; Customer Charges
|
$42
|
|
Water service. Schedule A(1). Single-family residential. For the first 30,000 gallons (0 to 30,000) per thousand gallons
|
4-88.1 T 2 A 1.2
|
Division of Water Utility; Customer Charges
|
$4.28
|
|
Water service. Schedule A(1). Single-family residential. For the next 20,000 gallons (30,001 to 50,000) per thousand gallons
|
4-88.1 T 2 A 1.3
|
Division of Water Utility; Customer Charges
|
$9.20
|
|
Water service. Schedule A(1). Single-family residential. For all usage in excess of 50,000 gallons (50,001+) per thousand gallons
|
4-88.1 T 2 A 1.4
|
Division of Water Utility; Customer Charges
|
$12.14
|
|
Water service. Schedule A(1). Mobile home community residential with single meter. Basic quarterly service charge, per unit
|
4-88.1 T 2 A 1.5
|
Division of Water Utility; Customer Charges
|
$36
|
|
Water service. Schedule A(1). Mobile home community residential with single meter. For the first 30,000 gallons (0 to 30,000) per thousand gallons
|
4-88.1 T 2 A 1.6
|
Division of Water Utility; Customer Charges
|
$4.28
|
|
Water service. Schedule A(1). Mobile home community residential with single meter. For the next 20,000 gallons (30,001 to 50,000) per thousand gallons
|
4-88.1 T 2 A 1.7
|
Division of Water Utility; Customer Charges
|
$9.20
|
|
Water service. Schedule A(1). Mobile home community residential with single meter. For all usage in excess of 50,000 gallons (50,001+) per thousand gallons
|
4-88.1 T 2 A 1.8
|
Division of Water Utility; Customer Charges
|
$12.14
|
|
Water service. Schedule A(2). Nonresidential units. Basic quarterly service charge, per meter
|
4-88.1 T 2 A 2.1
|
Division of Water Utility; Customer Charges
|
$42
|
|
Water service. Schedule A(2). Nonresidential units. For the first 30,000 gallons (0 to 30,000) per thousand gallons
|
4-88.1 T 2 A 2.2
|
Division of Water Utility; Customer Charges
|
$4.28
|
|
Water service. Schedule A(2). Nonresidential units. For the next 20,000 gallons (30,001 to 50,000) per thousand gallons
|
4-88.1 T 2 A 2.3
|
Division of Water Utility; Customer Charges
|
$9.20
|
|
Water service. Schedule A(2). Nonresidential units. For all usage in excess of 50,000 gallons (50,001+) per thousand gallons
|
4-88.1 T 2 A 2.4
|
Division of Water Utility; Customer Charges
|
$12.14
|
|
Water service. Schedule B. Basic quarterly service charge shall be assessed for each unit (dwelling, store, use, or other establishment) in that development, regardless of the size of the master meter.
|
4-88.1 T 2 B 1
|
Division of Water Utility; Customer Charges
|
$42
|
|
Water service. Schedule C. Basic quarterly service charge, per classroom
|
4-88.1 T 2 C 1
|
Division of Water Utility; Customer Charges
|
$21
|
|
Connection fee
|
4-88.1 T 2 D 1
|
Division of Water Utility; Customer Charges
|
$6,260
|
|
Connection fee for affordable units 50%
|
4-88.1 T 2 D 3
|
Division of Water Utility; Customer Charges
|
$3,130
|
|
Water service. Schedule D. The cost of a standard residential
PIT water meter (1") and associated equipment and labor/installation
cost
|
4-88.1 T 2 D 4
|
Division of Water Utility; Customer Charges
|
$440
|
|
Water service. Schedule E. Private fire protection charges are
calculated per quarter and determined in part, based upon the following
service line and/or meter sizes, plus usage. 4" or less
|
4-88.1 T 2 E 2
|
Division of Water Utility; Customer Charges
|
$93.38
|
|
Water service. Schedule E. Private fire protection charges are
calculated per quarter and determined in part, based upon the following
service line and/or meter sizes, plus usage. 6"
|
4-88.1 T 2 E 3
|
Division of Water Utility; Customer Charges
|
$124.18
|
|
Water service. Schedule E. Private fire protection charges are
calculated per quarter and determined in part, based upon the following
service line and/or meter sizes, plus usage. 8"
|
4-88.1 T 2 E 4
|
Division of Water Utility; Customer Charges
|
$152.72
|
|
Water service. Schedule E. Private fire protection charges are
calculated per quarter and determined in part, based upon the following
service line and/or meter sizes, plus usage. 10"
|
4-88.1 T 2 E 5
|
Division of Water Utility; Customer Charges
|
$192.24
|
|
Water service. Schedule F. Public fire protection charges per
fire hydrant per quarter.
|
4-88.1 T 2 F
|
Division of Water Utility; Customer Charges
|
$148.18
|
|
Final reading fee
|
4-88.1 T 2 G
|
Division of Water Utility; Customer Charges
|
$50
|
|
Meter testing fee (cost of removing/installing meter at customer's
request and testing for accuracy by an independent agency, in circumstances
where meter is found to be accurate by testing agency)
|
4-88.1 T 2 H
|
Division of Water Utility; Customer Charges
|
$80
|
|
Water service. Schedule I(1). Shutoff fee for nonpayment normal
business hours Monday through Saturday, 7:00 am to 3:00 pm (cost of
shutting off water service, mailings, door letter and collections
administration)
|
4-88.1 T 2 I 1
|
Division of Water Utility; Customer Charges
|
$55
|
|
Water service. Schedule I(3). Water service restoration fee
for nonpayment during normal business hours (Monday through Saturday,
7:00 am to 3:00 pm)
|
4-88.1 T 2 I 2
|
Division of Water Utility; Customer Charges
|
$35
|
|
Water service. Schedule I(3). Water service restoration fee
for nonpayment (after hours)
|
4-88.1 T 2 I 3
|
Division of Water Utility; Customer Charges
|
$127
|
(3)Â
The
basic quarterly service charge assessed on each account shall be paid
as billed. The basic quarterly service charge may be temporarily suspended
for a period of up to two years following a request from the property
owner for water to be turned off due to a fire which renders a structure
uninhabitable. The facilities charge shall be reinstated after two
years, once the water service is reactivated or there is a change
of ownership, whichever occurs sooner.
[Added 2-20-2014 by Ord.
No. 2014-2; amended 3-4-2021 by Ord. No. 2021-3]
(4)Â
Whenever there is reasonable evidence that water meter readings are inaccurate or the Utility is unable to obtain an actual reading due to missing or inoperable remote reading devices, the inability to gain access to any premises housing a water meter in accordance with Subsection G, or if the water meter has stopped registering usage, in the sole discretion of the Chief Financial Officer or his/her designee, the Utility shall estimate the actual consumption during the billing period. The average quarterly consumption for the period of estimation shall be based upon the average quarterly consumption during the same billing period for the prior two years. If there was a change in use or other mitigating circumstance that prevents using the above procedure, the Utility shall use any reasonable method for the particular circumstances to estimate the consumption for the period of unavailable readings. Upon obtaining an actual meter reading, the account will be adjusted to reflect actual usage.
[Added 12-15-2022 by Ord.
No. 2022-012]
U.Â
Water connection required when water supply available.
(1)Â
The owner of every existing building or structure and the owner of
every building or structure hereafter to be constructed or acquired
which may be occupied or used by human beings, including but not limited
to dwellings and commercial and industrial structures located on a
street or road along the line of a water supply system owned or operated
by the Township and available to serve said building or structure,
where the property line of a lot in a residential zone containing
said building or structure is within one 100 feet of said water supply
system, and where the property line of a lot in a commercial or industrial
zone containing said building or structure is within 400 feet of said
water supply system, shall, within 90 days after the date on which
the water supply is made available to said building or structure,
connect and hook up said building or structure to said water supply
system.
(2)Â
Any person, association or corporation who shall fail to comply with this subsection within 90 days after receiving notice from the Health Officer of the Township of Marlboro or from the Division of Water Utility shall, upon complaint in the Municipal Court of the Township of Marlboro, be subject to the fines and penalties established by § 4-3 of the Code of Marlboro Township.
