[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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]
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]
Any line which receives water supplied to a fire hydrant,
stand pipe, sprinkler system or any combination of the foregoing located
on private property.
All pipes, hydrants and valves, other than supply pipes and
service pipes, used for conveying water to or distributing water in
the Borough.
Rates or prices to be charged for water based upon the quantity
consumed, as measured by an approved water meter.
Any person or his duly authorized agent or contractor owning
any property or premises which is or prospectively can be supplied
with Borough water.
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]
Any resale of Borough water by any person. This excludes
the sale of metered water by landlords to a tenant.
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]
A pipe extending from the curb stop and valve into privately
owned property for supplying water.
A pipe connected to the main and extending to the curb stop
and valve at the curbline of the street.
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]
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.
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.
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.
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 $20 to turn off the water at the request of the user. The Borough
of Wallington shall be paid a fee of $20 to turn on the water at the
request of the user.
[Amended 2-27-2014 by Ord. No. 2014-3; 5-28-2020 by Ord. No. 2020-12]
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.
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.
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]
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.
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.
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.
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.
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:
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.
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.
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; amended 9-28-2017 by Ord. No. 2017-6; 4-14-2020 by Ord. No. 2020-5; 5-28-2020 by Ord. No. 2020-12]
|
Size of Connection
(calibrated in inches)
|
Quarterly Charge
|
|---|---|
|
2020
| |
|
4
|
$662.65
|
|
6
|
$734.85
|
|
8
|
$805.20
|
|
10
|
$881.80
|
|
12
|
$960.45
|
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.
[Last amended 4-14-2020 by Ord. No. 2020-5]
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:
|
2020
|
|---|
|
$223.56
|
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:
|
2020
|
|---|
|
$95.63
|
(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:
|
2020
|
|---|
|
$131.50
|
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.
|
2020
|
|---|
|
$2.38
|
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
|
|---|---|
|
2020
| |
|
1
|
$185.52
|
|
2
|
$223.04
|
|
2 1/2
|
$334.56
|
|
3
|
$554.24
|
|
4
|
$663.18
|
|
5
|
$663.18
|
|
6
|
$663.18
|
|
8
|
$663.18
|
|
10
|
$663.18
|
F.
Increases.
The Mayor and Council of the Borough of Wallington may increase these
rates by resolution of the governing body.
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 as follows:
[Amended 2-27-2014 by Ord. No. 2014-3; 5-28-2020 by Ord. No. 2020-12]
|
Size of Connection
(calibrated in inches)
|
Cost
|
|---|---|
|
5/8 x 3/4
|
$325
|
|
1
|
$475
|
|
1.5
|
$875
|
|
2
|
$1,025
|
|
3
|
$2,950
|
|
4
|
$3,750
|
|
This installation shall be required not less than two months
subsequent to the issuance of a certificate of occupancy.
|
C.
The fee
for the test of the accuracy or condition of any water meter made
at the request of the owner shall be $50, payable in advance.
[Amended 3-12-1987 by Ord. No. 87-3; 5-28-2020 by Ord. No. 2020-12]
D.
Residential
meter checking, when necessary, shall be $15, payable by the consumer.
[Amended 12-28-1995 by Ord. No. 95-18; 5-28-2020 by Ord. No. 2020-12]
E.
Increases.
The Mayor and Council of the Borough of Wallington may increase these
rates by resolution of the governing body.
[Added 5-28-2020 by Ord. No. 2020-12]
A fee of $5 shall be charged for turning on water at the curb
stop.
[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.
[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]
[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.
[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.
