Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 5-13-1970 as Ch. X of the 1970 Revised General Ordinances (Ch. 315 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 185.
Floodplain management — See Ch. 220.
Property maintenance — See Ch. 276.
Sewers — See Ch. 296.
Streets and sidewalks — See Ch. 325.
Subdivision of land and site plan review — See Ch. 330.
Zoning — See Ch. 365.

§ 355-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CIVIC PREMISES
Each building or part thereof used for governmental, public or private religious or charitable purpose, together with the land appurtenant to it and any outbuildings used in connection with it, or any part of a building with the land appurtenant to it when sold as an integral unit.
[Added 8-8-1973]
COMMERCIAL PREMISES
Each building or part thereof used for professional, commercial, business or industrial use or purpose, together with the land appurtenant to it and any outbuildings used in connection with it, or any part of a building with the land appurtenant to it when sold as an integral unit.
[Added 8-8-1973]
FIRE SERVICE LINE
Any line which receives water supplied to a fire hydrant, stand pipe, sprinkler system or any combination of the foregoing located on private property.
MAIN or MAINS
All pipes, hydrants and valves, other than supply pipes and service pipes, used for conveying water to or distributing water in the Borough.
METER RATES
Rates or prices to be charged for water based upon the quantity consumed, as measured by an approved water meter.
OWNER
Any person or his duly authorized agent or contractor owning any property or premises which is or prospectively can be supplied with Borough water.
PREMISES
A building used for any purpose or any one of different purposes, together with the land appurtenant to it and any outbuildings used in connection with it, or any part of a building with the land appurtenant to it when sold as an integral unit.
[Amended 8-8-1973]
RESALE OF WATER
Any resale of Borough water by any person. This excludes the sale of metered water by landlords to a tenant.
RESIDENTIAL PREMISES
Any building or part thereof occupied or to be occupied as the home or residence for three families or fewer living independently of each other, together with the land appurtenant to it and any outbuildings used in connection with it, or any part of a building with the land appurtenant to it when sold as an integral unit.
[Added 8-8-1973]
SERVICE PIPE
A pipe extending from the curb stop and valve into privately owned property for supplying water.
SUPPLY PIPE
A pipe connected to the main and extending to the curb stop and valve at the curbline of the street.
TENEMENT PREMISES
Each building or part thereof rented, leased, let or hired out and occupied or to be occupied as the home or residence for four families or more living independently of each other, together with the land appurtenant to it and any outbuildings used in connection with it, or any part of a building with the land appurtenant to it when sold as an integral unit.
[Added 8-8-1973]

§ 355-2 Application for water service; inspection required; charges to be paid.

A. 
Application required. The owner of any premises desiring to use Borough water or to make a change in an existing water supply shall make written application to the Borough on forms provided by the Borough. The application shall request the installation to be made by the Borough subject to the provisions of this chapter. All applications shall be accompanied by the consent of the applicant to be bound by all of the provisions of this chapter and the rules and regulations adopted by the Borough.
B. 
Inspection. Upon receipt of an application for service, the Borough may make an inspection of the premises.
C. 
Payment of fees. No water service shall be made to any premises until all charges due to the Borough are paid.

§ 355-3 Water for building purposes.

A. 
Application. Where it is desired to use Borough water service in connection with the construction or repair of a building, application shall be made by the owner of the building to the Borough on forms furnished by the Borough. The character of the work contemplated and the estimated quantity of water to be used shall be specified in the application.
B. 
Fees. No permit for temporary water service during construction or repair shall be issued unless the fees required by § 355-15C are paid in advance.

§ 355-4 Inspections.

Authorized agents of the Borough, upon the presentation of credentials provided by the Borough, shall have access at any reasonable time to any premises supplied with Borough water for the purpose of making inspection, including the examination of the entire water supply and plumbing system upon the premises.

§ 355-5 Discontinuance of service.

A. 
Request to discontinue. Where it is desired to permanently discontinue the use of Borough water at any premises, a written request shall be made by the owner to the Borough. Upon receipt of the request, the water shall be turned off at the curb stop, and thereafter no charges shall be made for water for the premises in question.
B. 
Temporary discontinuance. In case of the temporary vacancy of any premises, the water shall be turned off at the curb stop upon written request to the Borough stating the period of discontinuance and shall be turned on again at the expiration of the period following the payment of required charges. The Borough of Wallington shall be paid a fee of $10 to turn off the water at the request of the user. The Borough of Wallington shall be paid a fee of $10 to turn on the water at the request of the user.
[Amended 2-27-2014 by Ord. No. 2014-3]
C. 
Rebates prohibited. Where the premises is left vacant, no rebate shall be allowed for water registered by the meter unless the water is turned off at the curb stop.
D. 
Discontinuance by Borough. Service may be discontinued by the Borough after notice for any of the following causes:
(1) 
For the use of water for any property or purpose other than that described in the application.
(2) 
For waste of water through improper or defective pipes or fixtures.
(3) 
For failure to protect the water meter and connections from injury or damage or failure to properly maintain the service line and fixtures owned by the person being served.
(4) 
For molesting or tampering with any service pipe, meter, curb stop, seal or other appliance of the Borough.
(5) 
For nonpayment of any charges or fees for water service.
(6) 
For refusing to permit a duly authorized representative of the Borough to have access to the property for reasonable inspection.

§ 355-6 Liability of Borough; maintenance of pressure.

A. 
In general. The Borough shall use diligence and reasonable care to provide a constant supply of water to consumers, but in the event of failure to do so because of accident, breakage of any service pipe, service cock or other fixture, the flushing of waterlines and hydrants, or the shutting off of water because of accidents, repairs, extensions, alterations or any other necessity that may arise, or in the event of failure to notify consumers of a failure or accident or of the shutting off of the water supply, the Borough shall not be liable to any consumer for damage which may result or for damage resulting from the elements or for any accident, failure or breakage of pipes or any other occurrence beyond the Borough's control.
B. 
Maintenance of pressure. The Borough shall not be liable for the maintenance of any given pressure in the water system.

§ 355-7 Control over equipment; tampering by unauthorized persons.

A. 
In general. The water mains, supply pipes, curb stops and meters shall be under the exclusive control of the Borough.
B. 
Unauthorized persons. No person other than a duly authorized agent of the Borough shall disturb, tamper with, injure, tap, change, obstruct access to or interfere with any water main, supply pipe, curb stop or meter.
C. 
Violations and penalties. Any person who violates this section shall be subject to the violations and penalties set forth in § 315-19 of this chapter.
[Added 2-27-2014 by Ord. No. 2014-3]

§ 355-8 Construction and maintenance of equipment.

A. 
In general. Service pipes, supply pipes, curb stops, meters and all necessary plumbing parts used in the installation and maintenance of water supply systems shall be of material and manufacture approved by the Superintendent of Public Works.
B. 
Maintenance. Supply pipes and mains shall be maintained by and remain the property of the Borough.
C. 
Installation. Supply pipes and service pipes at least 3/4 of an inch in diameter shall be installed and maintained at the expense of the owner by a plumber licensed by the Borough and shall be installed in accordance with drawings and the materials specified on the drawings on file in the office of the Borough Engineer and in accordance with applicable New Jersey Statutes. Service pipes shall be maintained by the owner, and repairs shall be made by licensed plumbers, and a fee for the inspection of the work by the Borough, as prescribed in the Plumbing Code, shall be collected from the plumber.

§ 355-9 Protection of service pipes.

A. 
Freezing. Service pipes between the foundation wall and the meter which are likely to be exposed to freezing temperatures shall be effectively protected from freezing by the property owner.
B. 
Heat. Pipes shall be installed in a manner that will prevent any possible damage resulting from external heat from boilers, heaters, etc.
C. 
Corrosion. Service pipes shall be installed in a manner that will prevent any damage resulting from falling objects, corrosive products, paint sprayers and similar causes.

§ 355-10 Meters.

A. 
Use of meters required.
[Amended 8-8-1973; 4-28-1977 by Ord. No. 77-3]
(1) 
All residential consumers of water shall allow the installation of water meters in their premises when required by the Water Department of the Borough. Such residential consumers shall be charged according to the water meter rates.
(2) 
Prior to the installation of water meters, a residential consumer of water not having a water consumption meter shall be charged an annual flat rate in accordance with § 355-15B.
B. 
Meter bypasses prohibited. All meter bypasses are prohibited, and if a meter bypass is used, both the owner and the plumber shall be guilty of a violation of this chapter. The only time a jumper may be used is to test the lines, and after the test is finished, the water shall be shut off at the curb and only turned on by the Borough. After the tap has been installed, the water shall be shut off at the curb and shall be turned on only by the Borough after construction water has been paid for in advance.
C. 
Meter installations. In all cases where meters are to be installed, the Borough shall determine the size, proper location and manner in which the meter shall be installed and protected. All new meters shall be installed by the Borough with outside remote reading devices so they can be read without the meter reader going inside.
D. 
Care and protection of meters.
(1) 
The meter shall remain the property of the Borough. The owner shall be held responsible for the meter, including its care and protection from damage, freezing, hot water or similar causes. The owner shall also be responsible for preventing unauthorized persons from tampering with the meter. In case of damage to the meter or its stoppage or improper working, the owner shall immediately notify the Borough, and the Borough shall repair the meter.
(2) 
Where replacements, repairs or adjustments of any meter, whether owned by the Borough or not, become necessary due to any willful or negligent act by the owner or occupant of any premises, the owner shall be responsible to the Borough for any expense which it incurs as a result.
(3) 
Meters shall be sealed by the Borough, and no person, except an agent of the Borough, shall disconnect, remove, break, injure or in any way tamper with the seal.
E. 
Testing of meters. The Borough shall test the accuracy and condition of any meter upon the written request of the owner or occupant of the premises served by the meter and the payment in advance of the required fee. If the meter is found to register within 3% of accuracy, it shall be repaired by the Borough or another meter substituted and the test fee refunded. The Borough may adjust the water bill upon whatever basis it deems to be just and reasonable. If the meter is found to register more than 2% slow, it shall be repaired by the Borough or another meter substituted and the Borough may adjust the water bill upon whatever basis it deems to be just and reasonable. If the meter is inoperative and fails to register, the customer shall be charged on the basis of the average daily consumption shown by the meter when operative. The Borough may make periodic tests of all meters.
F. 
Reading of meters. All meters shall be periodically read by an agent of the Borough appointed for such purpose as provided for in "A Procedural Guide for the Operation of the Borough Water Department," as authorized by § 355-20.
[Added 8-8-1973]

§ 355-11 Emergency water shortage.

A. 
Declaration of emergency. Whenever the Superintendent of Public Works, upon independent investigation, certifies that an emergency exists in the water supply, the Council or, if the emergency will not permit delay, then the Mayor may proclaim a water emergency and prescribe regulations to:
(1) 
Prohibit the use of water for any purpose not necessary to the health or safety of the public.
(2) 
Allocate the available water supply.
(3) 
Reduce consumption of water.
(4) 
Prevent waste for the period of emergency.
B. 
Effect of regulations. The proclamation of an emergency shall be conclusive as to the fact of the existence of an emergency and shall be binding upon all persons upon its filing in the office of the Clerk and publication in a newspaper circulating in the Borough. Any regulations included in the proclamation and any regulations subsequently promulgated shall have the same force as if specifically set forth in this section. Every owner, lessee, tenant and occupant of any building or premises served by Borough water shall, upon a promulgation of regulations, become bound by them and shall conform to them in the use of water and the maintenance of water service connections and equipment.

§ 355-12 Prevention of water wastage.

A. 
In general. Every owner of buildings and premises connected with the Borough water supply shall maintain the water service pipes, fixtures and connections in good order and repair in order to ensure that there shall be no waste of water and shall immediately make necessary repairs to prevent the waste of water.
B. 
Duties of occupants and tenants. Every lessee, tenant and occupant of any building or premises connected with the Borough water supply shall immediately notify the owner or his agent and the Borough of any defective water service pipes, fixtures and connections causing waste of water.
C. 
Duty of owner. Upon receiving notice of any waste of water due to defective pipes, fixtures or connections, the owner of any premises served by the Borough water supply shall immediately make all necessary repairs.
D. 
Repairs by Borough. Whenever an owner shall fail or refuse to make repairs to prevent the waste of water, the Borough may make the repairs and charge the cost to the owner in the same manner as other water charges are made.

§ 355-13 Fire hydrants.

A. 
Unauthorized use of fire hydrants.
(1) 
No person other than a duly authorized agent or employee of the Borough or a member of an authorized fire agency while engaged in the performance of his duties shall open or attempt to open any fire hydrants or valves connected with the water supply system of the Borough without obtaining written permission from the proper Borough officers.
(2) 
No person shall obstruct or prevent free access to, tamper with, injure or damage a fire hydrant, nor shall any person place any material, debris, structure or object of any kind within a distance of 10 feet from a hydrant. When discovered, any obstruction may be removed at once by the Borough at the expense of the person responsible. Removal of the obstruction shall be in addition to any penalty which may be imposed for a violation of this subsection.
B. 
Duty of property owners. The owner of any property upon which a fire hydrant is located, including the owner of any property which abuts upon a portion of a public street on which a fire hydrant is located, shall have the duty of keeping the hydrant and the area immediately surrounding it free from snow, brush, weeds, debris or any other thing which might impede access to the hydrant.
C. 
Private fire outlets. Where pipes are provided for fire protection on any premises or where hose connections for fire apparatus are provided on any pipe, each connection or opening on those pipes, except sprinkler heads, shall have a standard thread as specified by the Borough. No water shall be taken or used through such pipe openings for any purpose other than firefighting or for testing fire apparatus after obtaining a special permit from the Superintendent of Public Works to make a test. Each test must be conducted under the supervision of Borough personnel.
D. 
Permit to open hydrant. It shall be the policy of the Borough that the primary purpose of fire hydrants is for fire protection. However, the Superintendent of Public Works is authorized to issue a permit to any person to open a fire hydrant for a purpose other than fire protection. Permits shall be issued by the Superintendent in accordance with rules and regulations which he shall establish, which rules and regulations shall take into consideration the policy established by this subsection. Each permit shall specify the location of the hydrant to be opened, the date upon which it may be opened, the length of time it may remain opened and the purpose for which opening may be made.
E. 
The following rates are hereby established for private yard fire hydrant connections to the municipal water system of the Borough of Wallington installed for the use of private persons, firms, corporations or other entities. The rates for each hydrant for each quarter in every year shall be paid by the owner of any house, tenement, building structure or lot when the private fire hydrant is available for use at said house, tenement, building structure or lot, and shall be as follows:
[Added 4-24-2014 by Ord. No. 2014-7]
Size of Connection
(calibrated in inches)
Quarterly Charge
2014
2015
4
$582.00
$640.25
6
$645.50
$710.00
8
$707.00
$778.00
10
$774.50
$852.00
12
$843.50
$928.00

§ 355-14 Sprinkler systems.

Application for a connection to the water main for the purpose of installing a sprinkler system shall be made to the Borough. The installation shall be performed in accordance with all Borough water regulations and other applicable provisions of this Code and shall be subject to the charges specified in § 355-15.

§ 355-15 Rates.

[Last amended 4-24-2014 by Ord. No. 2014-7]
A. 
Meter rates. Where meters are used and installed, the following rates will be charged:
(1) 
There shall be a minimum rate per 1,000 cubic feet used per billing period as follows:
2014
2015
$43.50
$45.70
(2) 
All incremental billing shall be at a rate per 100 cubic feet as follows:
2014
2015
$6.00
$6.60
B. 
Flat rates. Flat rates shall be applicable to noncommercial use only. For such noncommercial use where meters are not installed, the Borough shall charge an annual flat rate payable quarterly as follows:
2014
2015
$196.00
$216.00
C. 
Permit for water service during construction.
(1) 
The fee for a permit for temporary water service during construction shall be as follows:
(a) 
During construction of a one- or two-family dwelling, the flat rate for each three-month period of water service or part thereof shall be as follows:
2014
2015
$84.00
$92.40
(b) 
During construction of a residence for more than two families, the flat rate for each three-month period of water service or part thereof shall be as follows:
2014
2015
$115.50
$127.05
D. 
Hydrant use permits. Charges for fire hydrant use permits shall be estimated on the basis of the schedule below per 1,000 gallons, with a minimum charge of $50. The Borough may, at its option, furnish and install a meter on loan in lieu of an estimated charge, and in such case, shall receive a deposit equal to the cost of the meter.
2014
2015
$2.10
$2.30
E. 
The following rates are hereby established for fire sprinkler connections to the municipal water system of the Borough of Wallington installed for the use of private persons, firms, corporations or other entities. The rates for each sprinkler riser for each quarter in every year shall be paid by the owner of any house, tenement, building, structure or lot when the utility is available for use at said house, tenement, building structure or lot and shall be as follows:
Size of Connection
(calibrated in inches)
Quarterly Charge
2014
2015
1
$163.00
$179.25
2
$196.00
$215.50
2 1/2
$294.00
$323.25
3
$487.00
$535.50
4
$582.50
$640.75
5
$582.50
$640.75
6
$582.50
$640.75
8
$582.50
$640.75
10
$582.50
$640.75

§ 355-16 Water meter installation, testing and checking fees.

A. 
For all initial meters, the charge shall be the actual cost of the meter to the Borough, plus 20% thereof as a service charge. For replacement meters, there shall be no charge for either the meter itself or installation in those cases where the replacement is not occasioned by the actions of the resident. Should it be determined that water meter replacement is the result of actions of the resident, then the replacement cost shall be the same as that for an initial meter.
[Amended 9-12-1974 by Ord. No. 74-9; 4-25-1996 by Ord. No. 96-3
B. 
The property owner shall be responsible for the arrangement of the installation of a water meter by the Water Department of the Borough. The charge for the installation shall be $255. This installation shall be required not less than two months subsequent to the issuance of a certificate of occupancy.
[Amended 2-27-2014 by Ord. No. 2014-3]
C. 
The fee for the test of the accuracy or condition of any water meter made at the request of the owner shall be $25, payable in advance.
[Amended 3-12-1987 by Ord. No. 87-3]
D. 
Residential meter checking, when necessary, shall be $5, payable by the consumer.
[Amended 12-28-1995 by Ord. No. 95-18]

§ 355-17 Water turn-on fee.

A fee of $5 shall be charged for turning on water at the curb stop.

§ 355-18 Penalty for delinquent payment of water bills.

[Added 8-8-1973; amended 5-23-1996 by Ord. No. 96-6]
All water bills shall be payable upon presentation. If a bill for water or other charges as described in this chapter shall remain unpaid 30 days after its due date, the owner of the premises shall, in addition to the amount of the bill, be liable for a penalty of 18% per annum on the unpaid bill due and owing 30 days after the due date.

§ 355-19 Billings; collections; liens.

[Amended 8-8-1973]
A. 
Billing of residential premises. Bills for water consumed in residential premises shall be rendered quarterly between the 15th and 30th days of the first month following each quarter. Payments shall be made to the Supervisor of Consumer Accounts or to such officer or agent as may from time to time be appointed for that purpose.
B. 
Billing of civic, commercial, industrial and tenement premises. Bills for water consumed in civic, commercial, industrial and tenement premises shall be rendered monthly between the 15th and 30th days of each month for the preceding month and shall be paid to the Supervisor of Consumer Accounts or to such officer or agent as may from time to time be appointed for that purpose.
C. 
Other charges. All charges other than for water as described above shall be billed upon the completion of the subject of the incurred charge and shall be due and payable on the date of billing.
D. 
Lien for unpaid charges. In accordance with law, all charges for water and all other charges provided in this chapter, including penalties, shall become a lien upon the property on account of which the charge is incurred until paid.
E. 
Arrears; enforcing lien. If any water charge or other charges shall remain unpaid and in arrears for six months, the Supervisor of Consumer Accounts of the Borough shall file with the Collector of Taxes a statement showing such arrears. From the time of such filing, such water charge or other charges shall be a lien upon the land and buildings to which said water was furnished and in connection with which such charges were incurred to the same extent as taxes are a lien upon lands in the Borough. Such property and buildings subject to a lien for unpaid water charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case of foreclosure of statutory liens.
F. 
Property owners serviced by the Water Department shall permit access to the Borough Water Meter Reader. In the event that access is not given for a continuous period of three quarters of any year or years, the Borough shall have the right to terminate water service upon notice to the property owner. Nothing herein contained shall limit the responsibility of the property owner to accomplish and forward to the Borough Water Department quarterly readings on cards provided to the property owner by the Water Department.
[Added 5-27-1982 by Ord. No. 82-6]

§ 355-20 Procedural guide.

[Added 8-8-1973]
The governing body of the Borough shall cause to be prepared a procedural guide for the operation of the Borough Water Department with the advice of the Supervisor of Consumer Accounts and the Superintendent of Public Works and shall make copies of said guide available to the public at the office of the Supervisor of Consumer Accounts and the Borough Clerk's office.

§ 355-21 Personnel.

[Added 10-10-1973]
A. 
There is hereby created the position of Supervisor of Consumer Accounts, who shall be responsible for the collection of all fees and charges required pursuant to the terms of this chapter and shall in all other ways administer the terms hereof and supervise such other personnel as shall be assigned to the Borough Water Department by the Mayor and Council.
B. 
There is hereby created the position of Water Meter Reader, who shall, under the direction of the Supervisor of Consumer Accounts, be responsible for the reading of all water meters within the Borough pursuant to the provisions of this chapter.

§ 355-22 Violations and penalties.

[Added 12-20-1993 by Ord. No. 93-19[1]]
Any violation of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).