[Amended by Ord. No. 324-84]
As used in this article, the following terms shall have the
meanings indicated:
AGENT
Any duly authorized representative of the owner.
CUSTOMER
Any owner, agent or occupant who is responsible for the payment
of fees specified herein.
DEVELOPER
Any person extending a main to provide a water supply to
service one or more properties.
EXTENSION
The extension of a water main along a street, avenue, highway,
or right-of-way. An extension shall not include the water service
connection as herein defined.
LIEN
The charges of any nature levied by the Water Department
arising out of any charge resulting from installation, service or
distribution of water which are declared to be a lien against the
property served by virtue of the statute in such case made and provided.
MAIN or MAINS
Shall be construed, either in the singular or plural, to
mean all pipes and lines, including valves, valve boxes, fittings
and appurtenances, other than service connections, conveying water
to or distributing water from the Township water supply.
OWNER
The owner of the property receiving or seeking to receive
or having available to it water service from the Township water supply
system.
PRIVATE HYDRANT
A fire hydrant located upon private property and privately
owned.
PRIVATE MAIN
A main running through private property or in a private street
to serve more than one home or other buildings or properties.
PUBLIC HYDRANT
A fire hydrant under the control of the Township located
on a right-of-way of the Township or Township property.
SERVICE CONNECTIONS
"Service connection" or "service pipe or service line connections"
shall mean a pipe or pipes connected to a main and extending thence
to a privately owned property or premises.
SUPERINTENDENT
The person retained by the Township Council as the qualified
licensed Superintendent of the Water Department and who shall be charged
with the responsibility and authorized to carry out the provisions
as contained in this article.
WATER DEPARTMENT
A.
All the property, operation of the water supply system and distribution
system and each and every part thereof, collectively or separately,
functioning under the direction of the Township Water Department,
a public utility created by the Township either directly or by its
duly authorized representatives or agents.
B.
"Water Department" shall also mean the Division of Water in the Department of Public Works, as the Division is defined and established by an ordinance entitled "An Ordinance Establishing a Department of Public Works in the Township of Mine Hill, Morris County, New Jersey" (codified as Chapter
74, Public Works, Department of), as modified and reestablished by the Administrative Code of the Township, "Ordinances Establishing an Administrative Code for the Township of Mine Hill in the County of Morris" (codified as Chapter
7, Administrative Code).
[Amended by Ord. No. 324; Ord. No. 337-85; Ord. No. 339-85]
A. A "service" is defined as the pipe through which water is supplied
or conveyed to the structure or point at which it is used. The portion
between the main and the curb shutoff is owned and maintained by the
Water Department. The portion beyond the curb shutoff is owned and
maintained by the property owner.
B. Prior to the installation of any service, the owner of the property
to be served shall file an application for water service and pay the
applicable service connection, installation and inspection fees as
specified below. These fees shall be paid in advance.
C. No service shall be less than 3/4 inch in diameter. It is the owner's
responsibility to determine the correct size. It is not the Water
Department's responsibility to recommend the size for a service. The
Water Department shall not be liable for inadequate-sized services
nor the replacement thereof.
D. Two types of new services are recognized for purposes of this article:
(1) Services installed by the Water Department.
(2) Services installed by a developer.
E. Services installed by the Water Department or by a developer may
be used only after application for water service has been made by
the owner of each property seeking to use the water services of the
Township, and the payment by each such owner of the applicable service
connection, installation and inspection fees as specified below.
F. Water service connection fees and other fees shall be as set forth in Chapter
235, Fees, and shall be paid by the owner of each property applying for Township water services prior to the connection to the system.
[Amended 3-21-1991 by Ord. No. 453-91; 4-19-2012 by Ord. No.
11-12]
G. The material for service pipe on either the Water Department's or
owner's side shall be as required under the New Jersey UCC, provided
that galvanized and asbestos cement pipe is prohibited for use for
water services.
H. Services shall be, as far as practical, installed at right angles
to the main and in a straight line to the meter. There shall be no
connection from the service, before the meter, from which water can
be drawn.
I. Only flared or compression joints may be used on copper tubing, and
the number of joints shall be the minimum possible. Soldered joints
are expressly prohibited for buried service. Service pipe shall be
installed only through the property of the owner unless a recorded
easement or right-of-way is provided and approved by the Township
Council.
J. Services shall not be laid in sewer trenches unless shelved into
a wall of the trench and two feet higher than the sewer pipe.
K. All service pipes shall have a minimum of four feet of cover.
L. A separate service shall be provided for each individual dwelling.
[Amended by Ord. No. 324-84]
A. All services supplying water shall be metered except for water for certain building purposes. (See §
533-21.)
B. Services for standby fire protection shall be provided with a flanged
combination counterbalanced check valve and a bypass with a meter.
The bypass shall also have a check valve.
C. Meters 1 1/2 inches and smaller shall be paid for by the owner
and installed by the Water Department at the same cost as to the Township.
[Amended 4-19-2012 by Ord. No. 11-12]
D. Meters two inches and larger shall be of a make and model designated
by the Water Department, purchased by and installed by the owner.
[Amended 4-19-2012 by Ord. No. 11-12]
E. Meter settings shall be prepared by the owner as follows: five-eighths-inch
through one-inch meters shall require a meter yoke installed by the
owner and purchased from the Water Department at the same cost as
to the Township.
[Amended 4-19-2012 by Ord. No. 11-12]
F. All meters shall be provided with remote radio devices. Homeowners must allow Water Department personnel access to the meter, with reasonable notice, during the normal business day. Any homeowner denying access to said meter will be charged an amount as set forth in Chapter
235, Fees. This charge will be waived if access is granted within three business days.
[Amended 4-19-2012 by Ord. No. 11-12, ]
G. All meters, meter yokes, remote registers and related wiring shall
be the property of the Water Department.
H. All water services over 75 feet long, measured from the curb shutoff
to the building, shall be provided with a pit so that the meter can
be placed outside the building at the point where the service crosses
the property line. The pit shall be of a design approved by the Water
Department.
I. The owner shall own and maintain the pit and shall be responsible
for pumping it out if and when flooded.
J. The Water Department may refuse to supply water to premises wherein
the plumbing work has not been done in accordance with the rules and
regulations of the Township Board of Health and applicable authorities
or where an applicant has not supplied a space or area acceptable
for the water meter and appurtenances.
K. All services for domestic use shall be provided with an adjustable
bronze pressure-reducing valve installed after the meter yoke. The
pressure-reducing valve shall be provided by and maintained by the
owner.
L. When an appointment is not kept by the homeowner and a repeat visit is necessitated, there will be a charge per additional visit as set forth in Chapter
235, Fees. If there is a meter reading discrepancy caused by this office, there will be no charge. However, if the meter is correct, there will be a charge as set forth in Chapter
235, Fees, for revisiting to read the meter.
[Added 11-13-1997 by Ord. No. 620-97; amended 4-19-2012 by Ord. No.
11-12]
[Amended 4-19-2012 by Ord. No. 11-12]
A. It is the owner's responsibility to protect all meters, remote registers
and accessories from damages or loss.
B. Meters damaged by frost or freezing will be replaced or repaired
by the Water Department only after the Township is reimbursed for
the cost of replacing or repairing the meter.
C. Other damage to meters shall be repaired at the building owner's
expense.
D. Missing, stolen or lost meters shall be replaced at the costs listed
in this section for new meters. The building owner shall pay this
cost.
E. Meter tampering is a violation of this article and shall, upon conviction,
result in a penalty of $1,000 for the first offense, $2,500 and up
to five days in jail for the second offense, and $5,000 and up to
30 days in jail for the third offense.
F. Tampering with the curb box or transmission equipment of the water
meter reading system is a violation and shall, upon conviction, result
in a penalty of $1,000 for the first offense, $2,500 and up to five
days in jail for the second offense, and $5,000 and up to 30 days
in jail for the third offense.
G. All plumbers must have prior written approval from the Water Department
to restore water flow to the home. The failure to have written approval
is a violation of this article and shall, upon conviction, result
in a penalty of $1,000 for the first offense, $2,500 and up to five
days in jail for the second offense, and $5,000 and up to 30 days
in jail for the third offense.
[Amended by Ord. No. 324-84]
A. All persons desiring the use of water shall make application to the
Water Department. This specifically includes new owners of a premises.
Service may be discontinued until an application is filed.
B. Water service charge.
(1) Every owner of improved or unimproved property (residential, commercial or industrial) which is connected to the Township's public water system, or which has available to it a curb connection (service line from main to curb shutoff valve) installed for the purpose of permitting the building to be so connected, shall pay a quarterly water service charge, based upon the size of the service line (from the main to the curb stop valve shutoff), as set forth in Chapter
235, Fees.
[Amended 3-21-1991 by Ord. No. 453-91; 10-5-2000 by Ord. No.
11-00; 3-15-2007 by Ord. No. 4-07]
(2) Every owner of improved property (residential, commercial or industrial) which has available to it water service from the Township public water system, where no curb connection has as yet been installed, shall pay a service charge as set forth in Chapter
235, Fees, notwithstanding the fact that the owner has not connected to the system.
[Amended 3-21-1991 by Ord. No. 453-91; 2-4-2016 by Ord. No. 01-16]
(3) Every owner of unimproved property (whether zoned for residential, commercial or industrial use) which has available to it water service from the Township public water system, where no curb connection has as yet been installed, shall pay a service charge as set forth in Chapter
235, Fees.
[Amended 3-21-1991 by Ord. No. 453-91; 2-4-2016 by Ord. No. 01-16]
(4) For purposes of assessing this water service charge, pursuant to Subsection
B(2) and
(3) of this section, public water service shall be deemed available to the property in question if a main is located within the right-of-way line of the public street upon which the subject property fronts, or has as its side or rear property line the public street right-of-way line, or within 60 feet measured at right angles from the closest property line of the subject parcel [a separate tax lot entity as defined below in Subsection
B(5)]. However, public water service shall not be deemed available to a property fronting or bordering upon Route 46 if the only water main available to serve such property is located on the opposite side of Route 46 from such property.
(5) In assessing the quarterly service charge against unimproved property in accordance with Subsection
B(3) above of this section, a quarterly service charge shall be assessed against each lot, parcel or tract of land taxed as a separate tax entity with its own tax lot and block designation on the current tax records of the Township.
C. Water use (consumption) charges. In addition to the water service charge to be charged to each property connected to the Township public water system, or with respect to which the Township's water service is available, each owner of property connected to the Township public water system shall pay a quarterly use (consumption) charge calculated at the rate set forth in Chapter
235, Fees.
[Amended 3-21-1991 by Ord. No. 453-91; 10-5-2000 by Ord. No.
11-00; 3-15-2007 by Ord. No. 4-07; 2-4-2016 by Ord. No. 01-16]
D. The owner of any property against which a water service charge or
a water (use) consumption charge is assessed shall be liable for the
payment of such charges as well as all charges and expenses assessed
pursuant hereto in connection with providing such property with Township
public water or making such public water available to the property,
including the installation, repair and testing of any water meter
and the making of water service connections, theretofore or hereafter
furnished or performed by the Mine Hill Water Department.
E. Payment for the use and consumption of water and for all other fees
and charges incurred shall be paid to the Mine Hill Water Department.
F. Payment of water bill; discontinuation of service.
(1) All bills for charges assessed pursuant to this section shall be
payable quarterly in the first month following the end of the quarter.
If bills are not paid within the first month following the end of
the quarter, interest shall accrue at the rate of 8% per annum from
the last day of the quarter.
(2) If bills are not paid within 60 days after the due date for the respective quarter, the water service shall be discontinued ("turned off") and shall remain turned off until the total amount due, including interest, plus a turn-off-turn-on charge as set forth in Chapter
235, Fees, shall have been paid.
[Amended 2-4-2016 by Ord.
No. 01-16]
(3) Charges under this section levied upon the primary residence of a
person who is enlisted in any branch of the United States Armed Forces
shall be abated during the period of time in which that person is
deployed in active service in time of war.
[Added 3-2-2017 by Ord.
No. 03-17]
G. Unless the applicant for the water service specified otherwise, all
bills and notices will be mailed or delivered to the premises where
the water service is supplied. If the applicant so desires, the Water
Department will mail the bills and notices to the business or home
address of the owner, customer or his agent. Bills and notices will
be mailed through ordinary United States mail service, and if not
received, the consumer shall obtain them from the Water Department.
Failure to receive bills or notices shall not excuse the nonpayment
of water bills.
[Added 8-18-1988 by Ord. No. 408-88]
A. No developer shall utilize any water from the water system of the Township of Mine Hill unless the developer pays the Township of Mine Hill a sum as set forth in Chapter
235, Fees, for use of a water meter and yolk, plus an installation and service fee as set forth in Chapter
235, Fees.
[Amended 2-4-2016 by Ord.
No. 01-16]
B. Each developer shall also pay the water consumption charge for all
water used by the developer.
[Amended 11-13-1997 by Ord. No. 620-97; 4-19-2012 by Ord. No.
11-12; 2-4-2016 by Ord. No. 01-16]
The following fees shall be charged for the services set forth:
A. Service line inspection from curb stop to house. The fee for inspection of trenches and pipe on private property shall be as set forth in Chapter
235, Fees.
B. Voluntary discontinuance of service.
(1) The turn-off-and-on charge for weekdays shall be as set forth in Chapter
235, Fees (two visits).
(2) The turn-on-and-off charge after 3:30 p.m., weekdays, and all day on holidays and weekends shall be as set forth in Chapter
235, Fees (two visits).
[Amended by Ord. No. 324-84]
A. No person shall take water from any fire hydrant except for the use
of a recognized fire company, and no fire hydrant shall be used for
sprinkling the street, flushing sewers or gutter, or for any other
purpose without authorization of the Water Department.
B. The Chief or the Chiefs of the Fire Company and his or their assistant
officers are authorized to use the public fire hydrants for the purpose
of extinguishing fires. Such use shall be under the supervision and
direction of the Chief or Chiefs or his assistant officers, and in
no event shall an inexperienced or an incompetent person be permitted
to manipulate or control in any way any fire hydrant.
C. The location of a fire hydrant may, upon written request, be changed
with the approval of the Water Department, and the estimated cost
of making such change shall be paid for by the applicant in advance.
No hydrant will be moved which will increase existing insurance rates.
D. The location and setting of new fire hydrants shall be made in conformity
with the requirements and recommendations of the Insurance Service
Offices of New Jersey or successors thereof.
E. No person shall in any manner obstruct or prevent free access to
or tamper with or injure or damage by causing or permitting a vehicle
to come in contact with any fire hydrant or place or store temporarily
or otherwise any object, material, snow, debris or structure of any
kind within a distance of 10 feet from any fire hydrant. Any such
obstruction, when discovered, may be removed at once by the Water
Department at the expense of the person responsible for the obstruction,
and he shall be liable to a fine as herein provided. Repair of damage
to the hydrant shall be charged to the person responsible.
F. The Water Department shall not be liable for a deficiency or failure
in the supply of water for the control or suppression of fires from
any cause.
G. The property owner of the property closest to a particular fire hydrant
shall keep all brush, grass, weeds and other natural growth cut around
and in the vicinity of such hydrant to assure ready access to such
hydrant at all times and also to permit the hydrant to be readily
visible from the road upon which such hydrant fronts at all times.
[Amended by Ord. No. 324-84]
A. When it is practical, private fire service connections may be allowed
for hydrants on private property, for which a flat rate or meter rate
will be charged as set forth herein, subject to special contract and
special rules and regulations governing such service as may be determined
by the Water Department.
B. All private fire hydrants shall be installed at the sole cost of
the applicant, subject to approval of the type, size and installation
thereof by the Water Department.
C. All private fire hydrants shall be subject to use by the Fire Department
for the control and suppression of fires, whether on the property
of the applicant or not.
D. All private fire hydrants and all facilities installed shall be maintained
by the persons receiving the benefit thereof under the supervision
of the Water Department.
E. The service charge for private fire hydrants, whether connected to a fire line or on a separate connection, shall be as set forth in Chapter
235, Fees.
F. All sections dealing with public fire hydrants shall also apply to
private fire hydrants.
The resale of water is expressly prohibited.
[Amended 11-13-1997 by Ord. No. 620-97]
All Water Department employees, after showing proper identification,
shall be entitled to access to the premises connected to the water
system for the purpose of reading or installing meters and/or related
equipment or inspecting plumbing between the hours of 7:00 a.m. and
3:30 p.m., except for emergencies when access is to be provided as
needed.
Any person, owner, consumer or other person who shall violate any of the provisions of this article or fail to comply therewith or with any requirements thereof or who shall violate or fail to comply with any order or rule made under this article and any property owner, consumer, corporation or other persons who may be employed to assist in the commission of any such violation or violations shall be, upon conviction thereof, liable to the penalty in §
1-3 of the Code of the Township of Mine Hill.
The Water Department shall operate as a water utility with separate
appropriations for the conduct of said operation.
[Added 3-22-1984 by Ord. No. 324-84]
A. Nonenforcement by the Township shall not waive the obligation of
the owner, occupant, customer or consumer to comply in full with this
article.
B. The Township shall review the water rates on a yearly basis.