[HISTORY: Adopted by the Common Council of the City of Burlington by Ord. No. 8-1997 (Ch. 13.16 of the 1996 Municipal Code). Amendments noted where applicable.]
Management and control. Within the Department of Public Works there shall be the Water Utility Division.
Superintendent of the Water Utility Division. The Superintendent of the Water Utility Division shall be in charge of the operation of the Water Utility Division. The Superintendent of the Water Utility Division shall be appointed by the Director of the Department of Public Works subject to the provisions of Title 11A. The Superintendent of the Water Utility Division must satisfy all license and other requirements which may be imposed by any federal or state regulatory agency having jurisdiction over the operation of the City's water utility.
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
Application for water service shall be made to the Tax Collector at his office in the Municipal Building. Each application shall be accompanied by payment of the connection fee, which shall be as set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
All uses of water shall be metered and rates for such use shall be set by the Common Council. With the exception of industrial users, bills shall be payable semiannually, on March 15 and September 15 of each year. The water rates shall be specified in Chapter 146, Fee Schedule.
Industrial users shall be billed monthly based on actual use.
Service charges, connection fees or other charges levied in accordance with N.J.S.A. 40A:31-10 and 40A:31-11, shall be a first lien or charge against the property benefitted therefrom. If any part of the amount due and payable shall remain unpaid for 30 days following the billing date interest upon the amount unpaid shall accrue at a rate of interest permitted by statute. The Common Council may authorize payment of delinquent assessments on an installment basis in accordance with N.J.S.A. 54:5-19. Liens resulting from the operation of the water utility shall be enforceable in the manner provided for real property tax liens in N.J.S.A. 54:5-1 et seq.
The Water Utility Division may discontinue service to any property for the failure to pay any amount owing within 30 days after the date the amount is due and payable, if written notice of the proposed discontinuance of service and of the reasons therefor have been given, within at least 10 days prior to the date of discontinuance, to the owner of record of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied if the mailing is made to the last known address of the owner of record and is postmarked at least 10 days prior to the date of discontinuance.
Office hours. The payment of water bills shall be at the tax office at the City Hall, and the office shall be open for information, application and payment of water bills from 9:00 a.m. to 5:00 p.m., Monday through Friday, legal holidays excepted.
Installation of fixtures and piping. Installation of fixtures or piping shall be made in accordance with the provisions of the Uniform Construction Code as directed by the Construction Code Official or appropriate subcode official. Permit fees shall be established pursuant to the Uniform Construction Code as set forth in the applicable section of the New Jersey Administrative Code.
Regulations. Service shall be installed and maintained by the property owner in accordance with the standard detail on file in the Construction Code Official's office. A copy of the standard detail shall also be maintained in the office of the Municipal Clerk. Service pipe from main to building shall be Type K copper tubing, with Mueller stop and stop box inside curb, installed and maintained at the expense of the property owner.
[Amended 6-12-2018 by Ord. No. 07-2018]
Installation and access to all meters. No meter shall be installed which has not been furnished or approved by the Water Utility Division. All meters shall be under the exclusive control of the Water Utility Division. The City shall from time to time require access to properties in order to read, test, maintain, or otherwise access the water metering equipment and/or connections leading thereto or therefrom, regardless of whether the metering equipment is owned by the City, the property owner, or another entity. The City shall be permitted access for these purposes, and shall notify property owners in accordance with this section:
Initial notice. The City shall notify property owners via certified mail of the need for access to water metering equipment. Such notice shall specify:
The equipment to which access is required;
The date by which the property owner must respond;
The contact information of personnel with whom the property owner may schedule the required access; and
That failure to reply will result in the imposition of fines and penalties, and may result in the water services being shut off without further notice.
Property owners shall be given no less than 10 days from the date of receipt to respond.
Follow-up notice. The City may, at its discretion, attempt additional contact with the property owner via phone, subsequent mailings, and/or in-person visits to the property.
Final notice. Should the property owner fail to respond by the required date, the City shall mail a final notice, via certified mail, that access to the property shall be required on or about a specific date, no less than seven days from the date of the final notice.
Residential meters shall not go more than 20 years without replacement.
Suspected tampering of meters; irregular readings.
Any person who interferes with, changes the locations of or removes any water meter or valve or fittings connected therewith, without the permission of the Water Utility Division, shall be subject to fines and penalties as per § 354-9 of the City Code.
If a meter at any time fails to accurately record the amount of water used, the quantity shall be determined and the charge made, based on the average amount registered during such preceding period of time prior to the date of failure, as the Water Utility Division may elect.
The City shall be entitled to access any water meters based upon suspected tampering with meter equipment, irregular readings, or for other reasonable cause.
Notice of the City's need for access under this section shall not be required to state the basis of the suspected tampering, irregular reading, or other reason for requiring access.
Notice under this section shall be required to be sent within 30 days of the suspected tampering, meter alarm, irregular reading, or other cause resulting in the need for access.
For connections two inches and over, and for all other nonresidential connections (including commercial, religious, non-profit, and school district owned property):
Meter testing shall be required every two to five years, at the discretion of the City Water Authority. The City shall have the right to witness tests if being performed by the property owner, and must be notified at least 30 days prior to scheduling any independent tests. All meter testing shall be performed by a New Jersey Certified Meter Tester. Notice, access, testing, and penalties shall be governed by § 354-6A and § 354-9 of the City Code.
No property governed by this section shall utilize metering equipment older than 10 years. For the first replacement of meters after the enactment of this section, the City shall bear all costs associated with replacement meter purchase and installation. All subsequent replacements shall be the sole responsibility of the property owner.
For properties governed by this section, upon receipt of notice of an irregular reading, the property owner shall be required to: (i) Respond within seven days of receipt of the notice to schedule an inspection by the City; and (ii) Complete all necessary repairs within 30 days of the City inspection, unless this time frame is waived in writing by the City Water Authority. Failure to permit inspection and remedy the condition within the required time frame shall result in fines and penalties as outlined within § 354-9 of the City Code, and shall result in the City being held harmless for any claims, damages, or other costs resulting from the condition giving rise to the need for an inspection.
For all new construction:
Regardless of whether site plan or other Land Use Board approval is required, plans for new construction shall be submitted to the City Water Authority for review of the proposed water service size, meter size, and meter location. The City Water Authority's approval shall be required prior to the issuance of permits.
For all new construction, costs for purchase and installation of meters, as well as compliance with the City's Water Ordinance, shall be borne by the property owner.
Adjustment of charges may be made at the discretion of the Tax Collector on the personal application only of the owner of the property charged.
In addition to the fines and penalties permitted herein, the City Water Authority reserves the right to turn off the supply of water to any property for refusal or neglect to immediately repair any leaky pipe, fixture, or attachment from the main in, without provision of further notice.
All new fire services shall be metered at the time of installation. The property owner shall be responsible for the purchase, installation, testing, and maintenance of all metering equipment, subject to City Water Authority approval.
For all existing construction for which a meter for fire services is required, the City will purchase and install the required equipment. After installation is complete, the property owner shall be responsible for all testing, maintenance, replacement, and other costs and/or obligations.
The City shall annually inspect all fire services metering equipment. Fees for the annual inspection are outlined within Chapter 146 of the City Code.
The City shall read all fire meters as part of the existing commercial meter account reading schedule. Rates for usage shall be based on existing water rates at the time of the reading.
The connection fee shall be recomputed at the end of each budget year, after a public hearing is held, pursuant to the standards set forth in N.J.S.A. 40A:31-11. The revised connection fee shall be imposed upon users who subsequently connect to the system.
Purpose. In the event any City street is resurfaced or repaved, all noncopper water services shall be replaced with Type K copper tubing before such street is resurfaced or repaved.
Material requirements. The following material requirements shall be complied with for the replacement of the old water services:
Taps. All taps to the mains not exceeding one inch in diameter shall be made by the City Water Utility Division.