A. 
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]
(1) 
Division of Streets and Roads.
(2) 
Division of Buildings and Grounds.
(3) 
Division of Vehicle Maintenance.
(4) 
Division of Water Utility.
B. 
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. 
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. 
Maintain and repair the traffic and safety signs, signals and other markings of the Township as may be authorized.
C. 
Provide for the cleaning of streets and the removal of leaves as required.
D. 
Maintain, repair and clean the Township's storm sewers, lines and mains.
E. 
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. 
Provide, maintain and repair Township buildings.
B. 
Provide, maintain and repair Township grounds, including playgrounds, playing fields and public parks.
C. 
Prepare plans and specifications related to Township buildings and grounds as required.
D. 
Supervise work performed pursuant to public contract on Township buildings and grounds.
E. 
Oversee the Township recycling program.
F. 
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:
A. 
Maintain and repair Township trucks and motor vehicles.
B. 
Perform such other related services as required and authorized by the Director.
[Added 12-18-2009 by Ord. No. 2009-46; amended 2-20-2014 by Ord. No. 2014-2; 2-25-2016 by Ord. No. 2016-4; 3-4-2021 by Ord. No. 2021-3; 12-16-2021 by Ord. No. 2021-23; 12-15-2022 by Ord. No. 2022-012; 2-15-2024 by Ord. No. 2024-002; 12-19-2024 by Ord. No. 2024-026; 12-18-2025 by Ord. No. 2025-011]
A. 
Creation of division of water utility.
(1) 
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) 
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. 
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONNECTION FEE
Has the meaning and purpose provided by N.J.S.A. 40A:31-11.
CUSTOMER
The party contracting for water service and/or any owner, agent or occupant responsible for the payment of the fees specified herein.
DIRECTOR
The Director of the Department of Public Works.
SUPERINTENDENT
The duly appointed head of the Division of Water Utility.
WATER SYSTEM
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.
WATER UTILITY
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. 
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. 
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. 
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. 
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. 
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.
I. 
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. 
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. 
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. 
Application for water service.
(1) 
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) 
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) 
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) 
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. 
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. 
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.
O. 
Refusal to connect; inadequate water service.
(1) 
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) 
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. 
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. 
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. 
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. 
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. 
Water customer charges.
(1) 
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) 
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.
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 unit
2A1.1
Division of Water Utility; Customer Charges
$49
Water service. Schedule A(1). Single-family residential. For the first 30,000 gallons (0 to 30,000) per thousand gallons
2A1.2
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
2A1.3
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
2A1.4
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
2A1.5
Division of Water Utility; Customer Charges
$43
Water service. Schedule C. Basic quarterly service charge, per classroom.
2C1
Division of Water Utility; Customer Charges
$24.50
Connection Fee. Schedule D.
2D1
Division of Water Utility; Customer Charges
$6,570
Connection Fee for Affordable Units 50%. Schedule D.
2D3
Division of Water Utility; Customer Charges
$3,285
Water service. Schedule D. The cost of a standard residential PIT water meter (1") and associated equipment and labor/installation cost.
2D4
Division of Water Utility; Customer Charges
$440
Water service. Schedule D. Charge for meter installation
2D5
Division of Water Utility; Customer Charges
$35
Water service. Schedule D. Replace MXU Box includes cost of MXU and installation
2D6
Division of Water Utility; Customer Charges
$200
Water service. Schedule D. The cost of a standard residential non-PIT water meter (1") and associated equipment and labor/installation cost.
2D7
Division of Water Utility; Customer Charges
$375
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.
2E2
Division of Water Utility; Customer Charges
$95.20
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"
2E3
Division of Water Utility; Customer Charges
$126.70
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".
2E4
Division of Water Utility; Customer Charges
$155.80
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".
2E5
Division of Water Utility; Customer Charges
$196.10
Water service. Schedule F. Public Fire Protection Charges per fire hydrant per quarter.
2F
Division of Water Utility; Customer Charges
$151.10
Meter testing fee. Schedule H. 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)
2H
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)
2I1
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)
2I2
Division of Water Utility; Customer Charges
$35
Water service. Schedule I(3). Water Service Restoration Fee for nonpayment (after hours)
2I3
Division of Water Utility; Customer Charges
$127
Final reading/transfer of service reading fee. Schedule I(4).
2I4
Division of Water Utility; Customer Charges
$50
(3) 
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.
(4) 
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.
U. 
Water connection required when water supply available.
(1) 
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) 
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.