[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown 8-27-1973 by Ord. No. 1973-4; amended in its entirety 6-12-2006 by Ord. No.
2006-17. Subsequent amendments noted where applicable.]
This chapter shall be known as the "City of
Bordentown Water Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Any person applying or contracting for water connections
or for the use, products, or services of the water systems, or who
uses said services of the water systems, or who is the owner or occupant
or both of any real property which directly or indirectly has been
connected to the water system or to which directly or indirectly has
been furnished or supplied the use, products or services of the water
system or water services, facilities or products.
The New Jersey Board of Public Utilities.
The City of Bordentown.
The Board of Commissioners of the City of Bordentown.
The connection or tapping fee authorized by the statute.
The Bordentown City Water Department, established by the
City as the department of the City to provide water service to the
public and private uses within the service area.
The water-measuring device connected to the service lateral
for measuring the amount of water in gallons distributed from the
main by way of the service line and service lateral to the user.
The person using a parcel of land and premises or living
in the building thereon as a tenant, lessee or party in actual possession
thereof, including the owner.
The person holding legal title to lands and premises or any
person legally authorized to exercise powers of or for an owner of
property for purposes of its purchase, sale, use occupancy or maintenance.
Any individual, firm, company, partnership, corporation,
association, group or society, including the United States of America,
the State of New Jersey, and agencies, districts, commissions and
political subdivisions created by or pursuant to state law, and federal
agencies, departments or instrumentalities thereof.
The Rules and Regulations for Furnishing Water Service in
the Service Area of the City of Bordentown, as adopted by the Commissioners.
The geographical area of the City and Township of Bordentown
for retail water sales and the Borough of Fieldsboro for bulk water
sales.
The rates, rentals, fees and charges imposed for the use
of the City's water services.
The detailed description of the size, quality, performance
or terms of the particulars of the water system or of any water extension
thereto, as adopted by the Commissioners.
The County and Municipal Water Supply Act, N.J.S.A. 40A:31-1
et seq.
The "Bordentown Water Department Tariff for Water Service,
as approved by the City by ordinance.
The water mains, pumping or booster stations, water supply
facilities, water storage facilities, water treatment facilities,
service lines and other water appurtenances that are necessary to
extend water service from the City's water system to the unit or units
for which water service is requested.
The plants, structures and other real and personal property
acquired, constructed or operated or to be acquired, constructed or
operated by the City through the Department or by any person to whom
the City has extended credit for this purpose or for the purposes
of the City, including reservoirs, basins, dams, canals, aqueducts,
standpipes, conduits, pipelines, mains, pumping stations, water distribution
systems, compensating reservoirs, waterworks or sources of water supply,
wells, purification or filtration plants or other plants and works,
connections, rights of flowage or division, and other plants, structures,
boats, conveyances, and other real and personal property, and rights
therein, and appurtenances necessary or useful and convenient for
the accumulation, supply or distribution of water.
The City of Bordentown has determined that the
public health, safety and welfare can best be assured by the acquisition,
construction and operation of a water system by the City of Bordentown.
There shall be in the City of Bordentown, a department known and designated
as the "Bordentown Water Department," which shall have jurisdiction
over the water system owned and operated by the City.
The Department shall be under the direction
of the Commissioners, who shall have and exercise, in their discretion,
the legislative and judicial powers over the affairs of the Department
that are granted by the statute, this chapter and other applicable
laws. The Commissioner of Public Works, Parks and Public Property
shall have and exercise the executive and administrative powers over
the affairs of the Department not specifically reserved by the Commissioners
or entrusted to the Commissioners by operation of law.
A.
The Commissioners shall promulgate Rules and Regulations
for Furnishing Water Service in the Service Area of the City of Bordentown
which shall be adopted by resolution of the Commissioners and which
shall become effective following publication of notice of such action
in the official newspaper of the City. The rules and regulations so
promulgated shall not be inconsistent with this chapter, the statute
and the tariff. The rules and regulations shall have the same force
and effect as if contained in this chapter.
B.
The Commissioners shall, with the advice of the City
Engineer, promulgate Specifications for the Water System in the Service
Area of the City of Bordentown which shall be adopted by resolution
of the Commissioners and which shall become effective following publication
of notice of such action in the official newspaper of the City. The
specifications so promulgated shall not be inconsistent with this
chapter, the statute and the tariff. The specifications shall have
the same force and effect as if contained in this chapter.
C.
The Commissioners may grant relief to any person from
the strict application of the terms of the rules and regulations and
the specifications when, in its discretion and judgment, special exceptions
are justified or strict application would cause extreme hardship to
any person or such relief would be in the best interest of the City.
Water service shall not be furnished or continued
to any applicant, customer or user unless such applicant, customer
or user complies with all the provisions, terms and conditions of
this chapter, the rules and regulations, the specifications and the
tariff, together with any additions, amendments and supplements to
the same which may hereafter be made.
The Department may require, in its discretion,
the execution of a written water agreement with a user in a form prepared
by the Department's Attorney, with the cost of preparing and recording
to be charged to the user before any water service is approved and
supplied.
Prior to the issuance of a building permit for
any new building, facility or structure or a modification to an existing
nonresidential building, facility or structure, a water permit for
the building must be issued by the Department and a copy thereof shall
be submitted by the owner with the application for the building permit.
Prior to water service being turned on for any
building, a certificate of approval for the same must be issued by
the Building Inspector or Zoning Officer of the municipality in which
the building is located and shall be exhibited by the owner or occupant
thereof upon request of the City Clerk of the City or of an authorized
representative of the Department, and a photocopy thereof, if requested,
shall be supplied to the Department for filing.
A meter shall be required for all water services
that are subject to metered service charges or bulk water sales. A
meter may be required by the Department in its discretion, in all
other cases.
No person not a duly authorized representative,
agent or employee of the Department shall tamper with, change the
location of, disconnect, modify or remove any water meter, or the
valve or any fitting connected therewith, without the prior permission
of the Department.
No person not a duly authorized representative,
agent or employee of the Department shall break, open, remove, replace,
modify or tamper with any water meter or hydrant seal, and there shall
be established hereby a presumption that the seal upon any meter or
hydrant was intact and unbroken upon installation or following servicing
by the Department.
No person not a duly authorized representative,
agent or employee of the Department or of the Bordentown Sewerage
Authority shall open or close the stopcocks or valves in any of the
water mains or any service lines at the curb stop except where the
water service is turned off at the curb stop under emergency conditions
by the owner, occupant or plumber due to water pipe breakage, leakage
or freezing temperature and for the emergency repairs only by the
user, owner or occupant, and the same shall immediately be turned
on by such person upon repair or correction of the emergency conditions.
No person not a duly authorized representative,
agent or employee of the Department shall take water from any public
fire hydrant, except as may be authorized by the rules and regulations
or by written consent of the Department.
Connection fees, service charges and rates for
water service shall be in accordance with the Department's tariff.
Unpaid service charges and rates shall be a first lien upon the property
benefited, and such liens shall be enforceable in the manner provided
by the statute.
Where the Department performs any work or service
that is the responsibility of the customer, a charge based on the
materials and labor expended shall be made to the customer by the
Department.
Service charges are the responsibility of the
owner or occupant, or both of them, of any property that directly
or indirectly is or has been connected with the water system. The
owner of any such property is ultimately responsible for the payment
of any service charges that are not paid by a tenant, regardless of
any lease agreement to the contrary.
The City and the Department shall not be liable
for any damage, proximate or remote, which shall result from leaks,
bursting pipes or from any other cause upon any lands and premises
or in any building or structure receiving water service, and the customer
shall pay for all water passing through the meter in cases where the
Department has not been timely notified of any leaks or bursting pipes
and has not had sufficient time to shut off the water service.
The City and the Department may restrict water
service whenever it may determine such action to be necessary, and
the Department, the Commissioners and the City shall not be liable
under any circumstances for a deficiency or failure in water service
for any cause whatsoever or the proximate or remote results, damages
or effects thereof to any user, owner, occupant, customer or other
person.
All proposed water extensions which will not
be installed by the Department and which are intended to be connected
to the water system of the City shall be designed in accordance with
the rules and regulations and the specifications of the Department
and shall be submitted to the Department for review and approval by
the person proposing the same. The installation of water extensions
shall be inspected by the Department during its construction to ensure
compliance with the approved plans, drawings and specifications, and
the cost of such review and inspection shall be borne by the applicant.
An escrow deposit in an amount determined by the Department shall
be deposited with the Department at the time of initial application
to ensure timely payment of technical and professional review fees
and inspection charges when the same are incurred.
The title to every water extension constructed
within any existing public street or right-of-way in the service area
of the City or in any private area for which an easement and right-of-way
is conveyed to, and accepted by, the City, and which is connected
to the water system of the City, shall inure to and shall become the
sole and absolute property of the City upon the approval and acceptance
of the completed installation by the City.
[Amended 8-13-2007 by Ord. No. 2007-15; 1-12-2009 by Ord. No. 2008-20; 8-10-2009 by Ord. No. 2009-10; 10-26-2009 by Ord. No. 2009-17; 2-28-2011 by Ord. No.
2011-02; 2-27-2012 by Ord. No. 2012-03; 9-10-2012 by Ord. No. 2012-11; 11-18-2013 by Ord. No. 2013-18; 1-23-2017 by Ord. No. 2017-03]
A.
Schedule 1W: Water Connection Fees.
[Amended 2-12-2018 by Ord. No. 2018-02; 9-13-2021 by Ord. No. 2021-17; 8-8-2022 by Ord. No. 2022-13]
(1)
Fees by class.
(a)
Class 1: Residential. Single-family, condominiums, townhouses,
apartments, multifamily, duplex, age-restricted, trailers, mobile
homes (per unit): $3,392.
(b)
Class 2: Hotel or motel (Per guest room): $1,012: This portion
of the connection fee applies only to the number of units available
for transient occupancy. The connection fee for the nonoccupancy portion
of the building shall be based upon estimated usage from the remainder
of the building, including kitchens, restaurants, taverns, laundries,
offices, convention or meeting rooms, sport or athletic facilities,
common areas and restrooms, at the Class 3 per-gallon per-day rate.
(c)
(d)
Class 4: Irrigation or lawn sprinklers.
|
Size
(inches)
|
Fee
|
|---|---|
|
1 or less
|
$3,593
|
|
1 1/2
|
$7,086
|
|
2
|
$14,379
|
|
3
|
$32,251
|
|
4
|
$57,508
|
(e)
Class 5: Fire service, public and private. No connection fee.
Annual service charges only.
(2)
General requirements applicable to water connection fees.
(a)
An applicant shall pay a water connection fee in full for each
equivalent dwelling unit at the time that a water permit is requested,
in an amount as established by the City's tariff in effect at the
time that service is requested. All water connection fees shall be
paid prior to the issuance of a construction permit for the premises.
(b)
Connection fees for nonresidential users shall be based upon
the City's calculation of estimated water usage multiplied by the
rate per gallon per day contained in the tariff. A minimum water connection
charge for nonresidential users shall be imposed, in an amount equal
to the residential connection fee regardless of whether the estimated
water usage is less than the residential rate of usage.
(c)
The projected flow criteria contained in N.J.A.C. 7:14A-23.3,
plus an additional 15% for consumptive water usage, shall be used
to determine the estimated water consumption for nonresidential uses,
whenever practicable. In the event that a type of use is not listed
in N.J.A.C. 7:14A-23.3, the City shall use its best judgment in determining
estimated water consumption. The City may adopt additions or exceptions
to the flow projections contained in N.J.A.C. 7:14A-23.3 by resolution.
For the purpose of this subsection, any reference to “seat”
or “person” in N.J.A.C. 7:14A-23.3 or in any projected
flow criteria adopted by the City shall be deemed to mean the maximum
permitted occupancy established pursuant to the Uniform Construction
Code and/or the Uniform Fire Code.
(d)
In the event that an application is made for water service to
a nonresidential building or unit for which the types or sizes of
the uses therein have not been determined by the applicant, or are
subject to change in the future, a connection fee shall be assessed
based upon the maximum potential estimated water consumption in the
building or unit. The City, in its discretion, may enter into a deferred
connection fee agreement under which an initial connection fee would
be imposed only for those uses that are initially contemplated, and
which would defer the payment of the balance of the connection fee
until such time as a use for which the initial connection fee was
paid is changed to a use that will generate additional water consumption.
Any connection fee paid under a deferred connection fee agreement
shall be paid at the connection fee rate then prevailing at that time
that payment is made.
(e)
A nonresidential user shall be entitled to use the amount of
water capacity, in gallons per day, that was obtained through the
payment of connection fees, as well as such additional capacity actually
used by its building or unit without having undergone a physical or
operational change for which a building permit, site plan, subdivision,
variance or other municipal approval was required. An application
for additional capacity shall be made by any existing nonresidential
user whenever there is an increase in the estimated, projected water
consumption for the existing building or unit resulting from any physical
or operational change for which a building permit, site plan, subdivision,
variance or other municipal approval is required. A connection fee
shall be charged to the user based upon the increase in estimated
water consumption associated with the aforesaid physical or operational
change.
(f)
In the event that an application is made to reinstate water
service to a residential structure that was previously abandoned or
terminated when the prior structure was demolished or substantially
totally destroyed, no additional connection fee shall be due provided
that the application for service is made within two years of the date
of the prior termination of service.
(g)
In the event that an application is made to reinstate water
service to a nonresidential structure that was previously abandoned
or terminated when the prior structure was demolished or substantially
totally destroyed, no additional connection fee shall be due, provided
that: 1) the application for service is made within two years of the
date of the prior termination of service and 2) there is no change
in the estimated water usage of the building. In the event that condition
1) herein has been satisfied, but there will be an increase in the
estimated water usage of the building, then the applicant shall pay
a connection fee only on the amount of the increase in the estimated
water usage.
B.
Schedule 2W: Potable Water Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02; 3-11-2019 by Ord. No. 2019-02; 12-12-2022 by Ord. No. 2022-16]
(1)
Residential users within the City and Township of
Bordentown:
(a)
(b)
A residential user shall be billed one fixed service charge
per meter, plus a consumption charge for each meter based on the amount
of water usage through that meter, as determined by the meter reading.
(c)
The fixed service charge and the consumption charge shall be
billed in arrears.
(d)
This portion of the service charge applies to the residential
dwelling units only. In the event that nonresidential users are located
within the building, the latter shall be individually metered and
each shall be subject to the charges imposed for nonresidential users.
In the event that the nonresidential users cannot be individually
metered, then all service charges shall be billed at the nonresidential
rate.
(2)
Nonresidential users within the City and Township
of Bordentown:
[Amended 12-12-2022 by Ord. No. 2022-16]
(a)
(b)
A nonresidential user, including a hotel or
motel, shall be billed one fixed service charge per meter, plus a
consumption charge for each meter based on the amount of water usage
through that meter, as determined by the meter reading.
(c)
The fixed service charge and the consumption
charge shall be billed in arrears.
C.
Schedule 3W: Fire Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02]
(1)
Rates per quarter.
|
Fire Hydrants
(for each)
|
Rate Per Quarter
|
|---|---|
|
With 4-inch-diameter head not connected to a
metered service line
|
$41.74
|
|
With 6-inch-diameter head not connected to a
metered service line
|
$41.74
|
|
Fire Service Lines
|
Rate per Quarter
|
|---|---|
|
2-inch
|
$73.09
|
|
3-inch
|
$116.93
|
|
4-inch
|
$146.15
|
|
6-inch
|
$292.31
|
|
8-inch
|
$438.48
|
|
10-inch
|
$584.65
|
(2)
Notwithstanding the above, no standby fee shall be charged to any:
(a)
Residential customer served by a fire service line of two inches
or less in diameter, provided that such service is metered. The customer
shall be billed for any usage through the fire service in accordance
with the consumption charge for domestic use as contained in Schedule
2W.
(b)
Residential health-care facility certified pursuant to P.L.
1971, c. 136 (N.J.S.A. 26:2H-1 et seq.) and rooming house or boardinghouse
certified pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:13B-1, et seq.)
that are required to install private fire sprinkler systems. Such
exemption shall not be granted until the appropriate state agency
certifies to the City that the particular residential health-care
facility or rooming house or boardinghouse meets the requirements
of P.L. 1981, c. 154, and the regulations adopted pursuant thereto.
The customer shall be billed for any usage through the fire service
in accordance with the consumption charge for domestic use as contained
in Schedule 2W.
D.
Schedule 4W: Construction Water Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02]
(1)
Base charge: $169 per month, or part thereof.
(2)
Consumption charge: $9.21 per 1,000 gallons.
(3)
A deposit in accordance with the following schedule
shall be paid in advance and retained until service is terminated:
|
Meter Size
(inches)
|
Deposit
|
|---|---|
|
5/8 x 3/4
|
$799
|
|
1
|
$1,997
|
|
1 1/2
|
$3,993
|
|
2
|
$6,389
|
(4)
The base charge shall be billed in advance and the consumption charge
shall be billed in arrears. The minimum base charge shall be equal
to the base charge for one quarter.
(5)
Water
tanker consumption charge: $9.21 per 1,000 gallons or part thereof.
[Added 11-8-2021 by Ord. No. 2021-24]
(a)
An escrow deposit on a meter to be used when obtaining water from
a fire hydrant to be specified by the Water Department for use by
a contractor in an amount not to exceed $850 shall be paid in advance
and retained until service is terminated. Bulk water drawn from the
fire hydrant is to be properly recorded and delivered to the Water
Department daily. Payment for water usage shall be payable within
30 days upon receipt of invoice.
E.
Schedule 5W: Application Review and Inspection Fees.
(1)
W-1 application fee: $125 (nonrefundable).
(2)
W-1 conceptual review fee: $25 per EDU (escrowed).
(a)
EDU calculations:
|
Single-family home, townhouse, condo, apartment
or mobile home: 1 EDU/ unit
|
|
Office space: (0.110 GPD x number of square
feet) ÷ 175 gpd = number of EDUs
|
|
Warehouse space: (0.022 GPD x number of square
feet) ÷ 175 gpd = number of EDUs
|
|
Other uses: (GPD as per N.J.A.C. 7:14A-23.3
x 1.10, or as otherwise established by the City) ÷ 175 gpd
= number of EDUs
|
(3)
W-3 additional escrow fees.
(a)
Fees.
|
Type of Fee
|
Amount Escrowed
|
|---|---|
|
Filing fee
|
$65 (nonrefundable)
|
|
Six-inch water lines
|
$0.08 per foot
|
|
Lines in excess of 6 inches
|
$0.12 per foot
|
|
Supply, treatment, storage and/or pumping facilities
|
2% of City Engineer's estimated cost of construction
|
|
Inspection fees
|
6% of City Engineer's estimated cost of improvements,
including mains, valves, tees, hydrants, supply, treatment, storage
and/or pumping facilities and miscellaneous water appurtenances
|
(b)
The amount which the City reimburses itself
for the expenses of professional reviews and other services shall
be the amount charged to the City for said reviews or services which
shall be based on the hourly rate or other agreed rate then in effect
with the person providing said service. In the event that the escrow
account is depleted, the applicant shall post additional funds with
the City in an amount to be set by the City.
(4)
W-4 applications. A nonrefundable application fee
for each property shall be paid in accordance with the following schedule:
|
Diameter of Service Line
(inches)
|
Charge
|
|---|---|
|
Up to 3/4
|
$100
|
|
1
|
$125
|
|
1 1/2
|
$200
|
|
2
|
$250
|
F.
Schedule 6W: Miscellaneous Charges.
(2)
Water turn-off fee: $35.
(3)
Final
bill charge: $20.
(4)
New
account charge: $20.
(5)
Reprocessing charge (for redepositing a customer check
which has not been honored for payment): $40.
(6)
Meter-testing charge: $50.
(7)
Plant labor, material and equipment.
(a)
Plant labor shall be charged at the hourly rate in effect at
the time that labor is performed, plus 40% for fringe benefits and
overhead.
(b)
Materials, including water meters supplied, shall be charged
at the cost of said materials to the City, plus 25% for overhead and
handling.
(c)
Equipment owned and provided by the City shall be charged at
the latest rental rates published by the Associated Equipment Distributors,
Chicago, Illinois, or other reputable equipment rental guide.
(8)
Second call on meter installation, repair or special
read: $75.
(9)
Interest. If any part of the amount due and payable
in rents, rentals, connection fees or other charges remains unpaid
for 30 days following the date for payment thereof, then, in accordance
with N.J.S.A. 40A:31-12, interest upon the amount unpaid shall accrue
at an interest rate determined in accordance with N.J.S.A. 40A:31-17.
